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HomeMy Public PortalAbout2020.01.21 RTB Packet463706_2 REGULAR TOWN BOARD MEETING JANUARY 21, 2020 7:00 PM AGENDA 01-16-2020 PLEDGE OF ALLEGIANCE ROLL CALL SUPERVISOR’S REMARKS & ANNOUNCEMENTS Swearing In Ceremony for Lt. Casey McLaughlin PUBLIC INPUT FINANCIAL REPORT APPROVAL OF MINUTES December 10, 2019 Workshop Meeting December 17, 2019 Regular Town Board Meeting ITEMS FOR BOARD ACTION Assessor 1A2020-1 Resolution Approving Article 7 Settlement for 2200 N. Goodman Street Brought by W2005/Fargo Hotels (Pool C) Realty, L.P. Community Development 1A2020-2 Resolution Authorizing the Supervisor to Enter into Agreement to Receive Zombie 2.0 Grant Funds Comptroller 1A2020-3 Resolution Authorizing Adjustment of the Mileage Reimbursement Rate for 2020 to $.575 Consistent with Rate Allowed by the U.S. Internal Revenue Service 1A2020-4 Resolution in the Matter of Scheduling a Public Hearing to Provide Opportunity for Public Comment on Irondequoit’s Community Development Block Grant (CDBG) Program Human Resources 1A2020-5 Resolution Approving the Promotion to a Motor Equipment Operator in the Department of Public Works for the Town of Irondequoit 1A2020-6 Resolution Approving the Promotion to a Motor Equipment Operator in the Department of Public Works for the Town of Irondequoit 463706_2 Police 1A2020-7 Resolution Authorizing the Purchase of One (1) 2020 Ford Utility Police Interceptor AWD Vehicle and Associated Budget Transfers 1A2020-8 Resolution to Enter into a Memorandum of Understanding between the New York State Police Forensic Investigation Center and the Irondequoit Police Department for Submission of Evidence to the New York State Police Crime Lab 1A2020-9 Resolution to Enter into an Intermunicipal Agreements and Funding for the Stop DWI Programs 1A2020-10 Resolution to Enter into a Memorandum of Understanding Between the Irondequoit Police Department and Matthew Doward Public Works 1A2020-11 Resolution Calling for a Public Hearing on the Matter of Consolidated Sewer Extension to Include 39 Collamer Drive 1A2020-12 Resolution Authorizing the Supervisor to Enter into a Temporary Out-of- District User Agreement 1A2020-13 Resolution Authorizing the Supervisor to Enter into an Agreement for Monroe County All Season Work in Monroe County Rights of Way 1A2020-14 Resolution Regarding Sanitary Sewer Easement Encroachment Agreement at 90 Peaceful Trail 1A2020-15 Resolution Declaring Certain Equipment as Surplus 1A2020-16 Resolution Authorizing the Purchase of One (1) Backhoe Loader Recreation 1A2020-17 Resolution Authorizing the Supervisor to Enter into Agreements with Vendors for Recreation February Break Camp 1A2020-18 Resolution Authorizing the Supervisor to Enter into a Contract with a Vendor for Entertainment at the Irondequoit Senior/Community Center for Senior Event 1A2020-19 Resolution Authorizing the Supervisor to Enter into New Contracts with Independent Contractors from Local B-90 for Staffing of Parking Personnel, Day/Overnight Supervisors, Ticket Takers and Ticket Sellers for McAvoy Park, Camp Eastman Sports Fields and Various Town Special Events 1A2020-20 Resolution Authorizing the Supervisor to Enter into Various Contracts with Vendors for the Town’s 2020 Winterfest Celebration 463706_2 Supervisor 1A2020-21 Resolution Authorizing Attendance to the XLR8 Leadership Training Program Town Clerk 1A2020-22 Resolution Approving the Special Event License for the Cupid’s Cup 5th Annual 5K Run/Walk NEXT WORKSHOP MEETING--TUESDAY, FEBRUARY 11, 2020 @ 4:00 PM NEXT REGULAR TOWN BOARD MEETING--TUESDAY, FEBRUARY 25, 2020 @ 7:00 PM Town of Irondequoit EXPENSES Fund Financial Report Month Ending 12/31/19 TENTATIVE BEFORE CLOSING 2019 (AS OF 12/31/19) Percent Percent Original Amended Cumulative, Year to Month End of of Budget Budget Budget Expended Encumb'd Available Year Spent & Balance Elapsed Enc'brd 001 General (includes cemetery) 20,914,664 21,366,147 19,977,995 567,118 821,034 100 0% 96 2% percent of amended budget 93.5% 2.7% 3..8% 005 Library 2,580,083 2,580,197 2,456,417 8,825 114,955 100 0% 95 5% percent of amended budget 95.2% 0.3% 4,5% 021 Highway# 1, Road Impvts, 3,423,114 3,588,147 3,171,781 346,749 69,617 100 0% 98 1% percent of amended budget 88.4% 9.7% 1.9% 023 Highway # 3, Equipment Maint 1,196,747 1,196,747 966,020 106,045 124,682 100 0% 89 6% percent of amended budget 80 7% 8 9% 10.4% 024 Highway # 4, ROW / Winter 1,053,545 1,055,343 1,002,965 2,366 50,012 100 0% 95 3% percent of amended budget 95.0% 0 2% 4 7% 031 Consolidated San. Sewer Dist. 4,044,662 4,078,956 3,837,332 85,567 156,057 100.0% 96.2% percent of amended budget 94 1% 2 1% 3 8% 038 Stormwater Drainage Dist. 772,945 1,305,039 877,202 425,008 2,830 100.0% 99.8% percent of amended budget 67 2% 32 6% 0.2% 039 Rock Beach San. Sewer Dist 6,860 6,860 6,860 0 0 100.0% 100-0% percent of amended budget 100 0% 0 0% 0,0% 040 Orland Road San Sewer Dist. 16,270 16,270 16,270 0 0 100-0% 100 0% percent of amended budget 100 0% 0 0% 0.0% 051 Sea Breeze Water District 940,124 940,124 1,206,481 0 -266,357 100 0% 128.3% percent of amended budget 128.3% 0.0% -283% 071 - 098 Lighting Districts 158,650 158,650 141,638 25,626 -8,613 100 0% 105 4% percent of amended budget 89.3% 16.2% -5.4% TOTAL 35,107,664 36,292,481 33,660,960 1,567,303 1,064,218 100 0% 97.1% Percent of Amended Budget Spent Percent of Amended Budget Encumbered Total Percent Spent & Encumbered 92 7% 4.3% 97 1% Tax Levy Sensitive 29,168,153 29,786,582 27,575,178 1,031,103 1,180,301 100 0% 96 0% Total Spent + Encumbered 28,606,281 92 6% 3.5% 4 0% 96 0% REVENUES Cumulative Percent Percent Percent Original Amended Receipts Balance of of of Fund Budget Budget Through to be Real Estate Year Revenue This Month Received Tax Elapsed Received 001 General: Real Estate Tax (001-1001) 11,090,150 11,090,150 11,090,150 0 64 6% 100.0% Payment In Lieu of Tax (001-1081) 219,139 219,139 222,175 -3,036 101 4% Sales Tax (001-1120) 4,694,000 4,694,000 3,244,998 1,449,002 69 1% Mortgage Tax (001-3005) 815,000 815,000 248,718 566,282 30.5% Per Capita State Aid (001-3001) 613,283 613,283 613,283 0 100.0% Interest Earnings (001-2401) 14,000 14,000 119,791 -105,791 855 6% Franchise Cable TV (001-1170) 790,000 790,000 355,763 434,237 45.0% Recreation Program Fees (001-2001) 323,200 323,200 309,306 13,894 95.7% Cemetery Revenues (001-2190/2665) 129,550 129,550 127,290 2,260 98.3% Fines & Bail Forfeitures (001-2610) 242,500 242,500 188,906 53,594 77.9% Other Sources of Revenue 1,933,842 1,992,264 1,938,201 54,063 97 3% Appropriated Fund Balance 50,000 50,000 50,000 0 Total, Revenue & Fund Balance 20,914,664 20,973,086 18,508,582 2,464,504 100 0% 88.2% 2019 Printed on 1/13/2020 Page 1 Town of Irondequoit Fund Financial Report Month Ending 12/31/19 TENTATIVE BEFORE CLOSING 2019 (AS OF 12/31/19) Cumulative Percent Percent Percent Original Amended Receipts Balance of of of Budget Budget as of to be Real Estate Year Revenue This Month Received Tax Elapsed Received 005 Library Real Estate Tax 2,334,611 2,334,611 2,334,611 0 13,6% 100 0% Other Sources of Revenue 245,472 245,472 234,631 10,841 95 6% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 2,580,083 2,580,083 2,569,242 10,841 100 0% 99 6% 021, 023, 024 Highway Funds Real Estate Tax 3,747,176 3,747,176 3,747,176 0 21.8% 100 0% All Other Sources 1,926,230 1,926,230 1,430,361 495,869 74 3% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 5,673,406 5,673,406 5,177,537 495,869 100.0% 91 3% 031 Consolidated San Sewer District Sewer Service Charges 3,905,742 3,905,742 3,905,742 0 100.0% Other Sources of Revenue 138,920 138,920 141,907 -2,987 102 1% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 4,044,662 4,044,662 4,047,649 -2,987 100.0% 100.1% 038 Stormwater Drainage District District Service Charges 756,195 756,195 756,195 0 100.0% Other Sources of Revenue 16,750 298,000 11,168 286,832 3.7% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 772,945 1,054,195 767,363 286,832 100 0% 72.8% 039 Rock Beach San Sewer District District Capital Charges 6,855 6,855 6,855 0 100 0% Other Sources of Revenue 5 5 43 -38 857 2% Total Revenue 6,860 6,860 6,898 -38 100 0% 100,6% 040 Orland Road San. Sewer District District Capital Charges 16,250 16,250 16,250 0 100-0% Other Sources of Revenue 20 20 240 -220 1201 1% Total Revenue 16,270 16,270 16,490 -220 100.0% 101,4% 051 Sea Breeze Water District District Real Estate Tax 0 0 0 0 #DIV/0! Other Sources of Revenue 940,124 940,124 886,741 53,383 94 3% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 940,124 940,124 886,741 53,383 100.0% 94 3% 071 - 098 Lighting Districts District Real Estate Tax 158,650 158,650 158,650 0 100 0% Other Sources of Revenue 0 0 1,207 -1,207 Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 158,650 158,650 159,857 -1,207 100.0% 100.8% Summary of Revenues and Appropriated Fund Balances Real Estate Tax 17,171,937 17,171,937 17,171,937 0 100 0% 100 0% Special District Real Estate Tax 158,650 158,650 158,650 0 100 0% Sanitary Sewer Service Charges 3,928,847 3,928,847 3,928,847 0 100.0% Stormwater District Service Charges 756,195 756,195 756,195 0 100.0% Other Sources of Revenue 13,042,035 13,381,707 10,074,728 3,306,979 75 3% TOTAL 35,057,654 35,397,336 32,090,357 3,306,979 100 0% 90 7% Appropriated Fund Balance 50,000 50,000 50,000 0 100 0% Grand Total, Revenues and Appropriated Fund Balance 35,107,664 35,447,336 32,140,357 3,306,979 90.7% 2019 Printed on 1/13/2020 Page 2 WORKSHOP MEETING DECEMBER 10, 2019 200 Workshop Meeting of the Town Board of the Town of Irondequoit, held in the Broderick Room of the Town Hall, 1280 Titus Avenue, Monroe County, New York, on the 10th day of December 2019 at 4:00 P.M. PRESENT: David Seeley Supervisor John Perticone Kimie Romeo Peter Wehner Councilmembers Harter Secrest & Emery, LLP Attorney for the Town ABSENT: Nicole Hushla Re Councilmember Others in attendance included Chief of Police Richard Tantalo, Captain Alan Laird and Police Department staff members, Commissioner of Public Works Robert Kiley, Deputy Director of Community Development Patrick Pinkerton, Assessor Amy Jorstad, Director of Human Resources Jason Vinette, Comptroller Diana Marsh, Supervisor’s Assistant Maria Vecchio, members of the Town staff and Town Clerk Genier. Supervisor Seeley called the meeting to order, Pledge was said and Town Clerk Genier called Roll at 4:00 p.m. STAFF SPOTLIGHT: Supervisor Seeley, Chief of Police Richard Tantalo and Filomena Amedeo called Sheila Duff and Rosalina Hosbach to the podium and presented them with December’s Staff Spotlight Awards. Both Ms. Duff and Ms. Hosbach work for the Police Department in the Records Division. Ms. Duff has been with the Department for 11 ½ years and Ms. Hosbach for 9 ½ years. They put in extra hours covering the dispatch area which is crucial to the Police Department personnel. They both go above and beyond their regular duties. REVIEW OF AGENDA ITEMS FOR DECEMBER 17, 2019 RTB MEETING: Financial Report: Comptroller Diana Marsh reviewed the financial report for the month ending November 30, 2019. Total expenses and encumbrances were 83.3% of budget, lower than the percentage of the year elapsed at 91.7%. Actual expenses were 78.4% of budget; actual encumbrances were 5%. Encumbrances are still high at this time as departments are continuing to commit to services and supplies for the remainder of the year. General Fund expenses were favorable to budget at 82.3%. Actual expenses in the General Fund were 79.2% of budget; encumbrances were 3.1%. The collective Highway Expenses were 85% of budget, lower than the 91.7% of year that has elapsed. The Library expenses were 85.2% of budget. The Sewer District was below budget at 79.7%, and the Drainage District was 75.7% of budget. General Fund revenue was 84.2% of budget. $11,090,150 of real estate taxes are in --100% of that budget line. 101.4% of PILOT revenue is in and that is all that is due at this time. Recreation Program Fees are favorable at 94.9% of budget. Other Sources of Revenue received (Property Clean-up Charges) were 86.8%. The 1st Quarter Mortgage Tax received was 30.5% of budget. The next check for mortgage tax revenue is due in December. Eight months of Sales Tax are in, 69.1% of budget. State Aid remains outstanding. Franchise Cable TV revenue has been received at 45% of budget. Cemetery revenue is in at 85.4% of budget. For the entire Town, 81.7% was received from Revenue and Appropriated Fund Balance. $17.2M was received for real estate taxes. The WORKSHOP MEETING DECEMBER 10, 2019 201 Library received 99.3% of revenue; Highway received 84.6% of revenue; Sewer received 100% of revenue and Drainage received 72.8% of revenue. Approval of Minutes: Minutes from the following meetings to be approved: November 7, 2019 Special Town Board Meeting/Public Hearing; November 12, 2019 Workshop Meeting; and November 19, 2019 Regular Town Board Meeting. Public Hearings: Supervisor Seeley noted that two (2) Public Hearings will be held beginning at 7:35 PM. The first Public Hearing is on the matter of amending the Irondequoit 2019 Community Development Block Grant Program. The Town received approval from HUD to expend $26,100 for senior transportation services as part of its Annual Plan for the 2019-20 Program Year. LifeSpan will be providing the services and will need to be added as a service contractor. This requires amending the Plan. This Public Hearing is scheduled for 7:35 PM on December 17, 2019. The second Public Hearing is on the matter of approving a Special Use Permit (SUP) for 1839 E. Ridge Road in a M-Manufacturing District. Mark Chevron applied for a SUP to convert the existing office space for office and residential use and a SUP is required. This Public Hearing will be held at 7:36 PM on December 17, 2019. Assessor: Assessor Amy Jorstad reviewed two (2) resolutions authorizing a settlement agreement; the first Agreement is with 1254 Bay Shore Boulevard for the 2018 assessment and 24 Glen Haven Road for the 2018 and 2019 assessment. The proceeding for 1254 Bay Shore Boulevard for 2018 shall be discontinued; the assessment for 24 Glen Haven Road for 2018 and 2019 years shall be reduced from $110,200 to $91,000. This shall apply for the tax years 2020, 2021 and 2022. The second Settlement Agreement applies to Providence Durand Housing Development Fund Company, Inc. for the 2019 year. The assessment for 2019 shall be reduced from $960,000 to $387,000 for tax parcel 062.19-1-36 and from $1,312,000 to $513,000 for tax parcel 062.19-2-89.2. Community Development: Deputy Director of Community Development Patrick Pinkerton reviewed four (4) resolutions. The first resolution reappoints James S. Hinman to the Zoning Board of Appeals. The second resolution reappoints Bernard Blocchi to the Planning Board. The third resolution reappoints Bernard J. Blocchi as Chairman to the Planning Board. The fourth resolution reappoints Jacqueline Murray as an Alternate to the Planning Board. Deputy Director Pinkerton reviewed two new resolutions that will be added to the Agenda for December 17th. The first resolution reappoints members to the Conservation Board, and the second resolution authorizes revisions to the 2020 Planning Board and Zoning Board of Appeals meeting schedules. Deputy Director Pinkerton explained that the 2020 schedules were adopted at last month’s meeting and will be revised to remove submission dates for the Board to be more flexible in accepting applications. Human Resources: Director of Human Resources Jason Vinette reviewed his three (3) resolutions. The first resolution authorizes the provisional appointment of Anthony C. DiPietro to serve as the Provisional Real Estate Appraiser in the Assessor’s office. Assessor Amy Jorstad interviewed several qualified candidates and recommended Mr. DiPietro for the position. Mr. Vinette noted that when the test for this position becomes available, Mr. DiPietro will have to take the test and score as one of the top three candidates. Mr. DiPietro is a licensed New York State Realtor and has an IT background. He comes extremely qualified for this position. The second resolution authorizes the appointment of Gregory Benoit as the new Library Director. This position is available due to the retirement of Terry Buford. Mr. Benoit currently serves as WORKSHOP MEETING DECEMBER 10, 2019 202 the Director of the Gates Public Library. Mr. Benoit has done an exceptional job at the Gates Library. There was some conversation about the need to have this resolution come before the Town Board as the Library has its own Board of Trustees. This matter will be investigated before the meeting on December 17th. The third resolution authorizes the provisional appointment of Sgt. Casey McLaughlin as a Police Lieutenant. Sgt. McLaughlin is currently serving as an Acting Lieutenant and oversees more than 30 people. He joined the Irondequoit Police Department in 2009 and has been a technician for nine years. He is highly respected for the work he does. Information Technology: Supervisor David Seeley reviewed this resolution extending the contract with Fusion Digital LLC for a one-year term beginning January 1, 2020 to December 31, 2020. This is the last extension on this contract. Police: Chief of Police Richard Tantalo reviewed two (2) resolutions. The first resolution authorizes an increase in towing fees. Chief Tantalo stated that the fees have not been increased since 2013, and the new fees are consistent with other towns that provide towing services. The following fees were recommended: $160 for standard towing of all vehicles, $55 for winching and recovery, and $40 for vehicle storage per day. The second resolution authorizes the purchase of one (1) 2020 Ford Utility Police Interceptor All-Wheel-Drive vehicle and the associated budget transfers. The Town is making the purchase through the New York State contract. Van Bortel Ford was awarded the contract and was the lowest responsible bidder at $36,331.44. The funds will be transferred from various Police accounts. Chief Tantalo stated that the vehicle will be available in 4 to 5 months. Public Works: Commissioner of Public Works Robert Kiley reviewed eleven (11) resolutions. The first resolution authorizes the purchase of two (2) six-wheel trucks with plow equipment needed by the Department of Public Works. The purchase will be through the State contract. The lowest responsible bid for the heavy-duty dump truck with plowing equipment was from Regional International Corp. in the sum of $547,447.88. Funding is available for this purchase. The second resolution authorizes the purchase of one lowboy trailer needed by the Public Works Department. This purchase will be made through the New York State contract. Felling Trailers was awarded the contract and Tracey Road Equipment is an authorized dealer under that contract. Funding is available in the sum of $56,905. The third resolution authorizes the purchase of one (1) extended reach-wheel loader. This equipment is needed by the Public Works Department and will be made through the State contract which was awarded to CNH Industrial America. Monroe Tractor is an authorized dealer under the State contract. Funding is available in the sum of $199,279. The fourth resolution authorizes the purchase of one (1) heavy-haul trailer needed by the Department of Public Works. This purchase will be made through New York State county contracts. Onondaga County awarded bids under the State contract and Tracy Road Equipment was awarded the Onondaga County Contract in the sum of $138,995. Funding is available for this purchase. The fifth resolution renews its current service agreement for HVAC services at the Irondequoit Public Library with Postler & Jaeckle. The renewal is for a one-year term beginning November 1, 2019 through October 2020. Funding is available for this service agreement renewal in the sum of $4,326. The sixth resolution authorizes an interfund loan from the General Fund Balance to Capital Project Fund 314 which allows the Department of Public Works facility to accept New York State legislative capital grant in the sum of $2,125,000. The Town General Fund will loan $2,125,000 to the Capital Project Fund 314 until the grant is received. The seventh resolution authorizes the acceptance of grant funding for the Lake Ontario Resiliency and Economic Development Initiative (“REDI”) program needed to improve some areas that were damaged as a result of unusually high flood waters in 2017 and 2019. New York State has WORKSHOP MEETING DECEMBER 10, 2019 203 allocated $6,552,000 to this program, and the Town is required to match the grant amount with a 5% match. Once the grant funds have been accepted, the Town can begin preliminary planning and budgetary processes. This is a Type II Action and requires no SEQRA review. The eighth resolution authorizes the Supervisor to enter into an agreement with New York State regarding the adjustment of approximately 14 sanitary manhole elevations included in the construction, reconstruction or improvement project on Empire Blvd. The underground sanitary facilities are owned and operated by the Town and are located on State Right-of-Way and are in the way of construction and shall be adjusted/relocated by the State’s contractor. The ninth resolution authorizes the Supervisor to enter into an Intermunicipal Agreement for New York State Snow & Ice. This Agreement will run for a period of five years for snow and ice removal on State roads, commencing on July 1, 2019 and ending June 30, 2024. The State will reimburse the Town for this work in the sum of $39,904.67 for 6.8 miles per year for a five-year total of $199,523.35. This is a Type II action and not subject to SEQRA review. The tenth resolution authorizes the Supervisor to execute an agreement with Monroe County for snow and ice control services for 2019/2020 season. The agreement may be renewed for up to five additional years upon mutual consent of the Town and Monroe County. Monroe County will reimburse the Town for snow removal and ice control services on certain County roadways at a rate of $3,362 per lane mile for a total of 87.205 miles. This is a Type II action and not subject to SEQRA review. The eleventh resolution authorizes the dedication of Phoenix Way, the driveway to the new Department of Public Works facility located at 2629 E. Ridge Road. The driveway was purchased from the County of Monroe. The Department of Public Works desires to have the right-of-way dedicated as a Town road and to name said road Phoenix Way. Recreation: Director of Recreation Katrina Hall reviewed three (3) resolutions. The first resolution authorizes an updated Camp Eastman cabin and lodge rental holiday fee schedule. As the Camp Eastman rentals are able to be rented 365 days in advance, the updated holiday fee schedule would be for 2021 Camp Eastman holiday rentals. Director Hall explained that the rate increase was $10 for residents and $25 to $35 for non-residents, depending on the cabin to be rented. The second resolution authorizes the Supervisor to enter into various contracts with independent contractors from Local B-90 for staffing of parking personnel, day/overnight supervisors, ticket takers and ticket sellers for McAvoy Park, Camp Eastman sports fields and various Town special events. Funding is available for these services, and the contracts were available for the Town Board members to review. The third resolution authorizes the Supervisor to enter into various contracts with vendors for youth, family and senior recreational programming for Winter/Spring 2020. The contracts were available for Town Board Members to review. ITEMS FOR BOARD ACTION: 12WS2019-1 RESOLUTION Approving the Special Event License for the Sea Breeze 10th Annual Volunteer Fire Department Winter Parade and Fireworks On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, a resolution was adopted approving the Special Event License to conduct the 10th Annual Sea Breeze Volunteer Fire Department Winter Parade and Fireworks on Friday, December 20, 2019 from 7:00 PM to 9:30 PM from Topper Drive to the Sea Breeze Volunteer Fire Department upon the following conditions: 1) that the Sea Breeze Volunteer Fire Department notifies all affected residents before the event; and 2) that Sea Breeze Volunteer Fire Department obtains a fireworks permit from the Office of the Fire Marshal. WORKSHOP MEETING DECEMBER 10, 2019 204 UPON VOTING Councilmember Wehner Aye Councilmember Perticone Aye Councilmember Hushla Re Absent Councilmember Romeo Aye Supervisor Seeley Aye Resolution Number 2019-283 12WS2019-2 RESOLUTION Authorizing the Supervisor to Enter into a Lease-Purchase Agreement with JPMorgan Chase Bank, N.A. for the Financing of One (1) Truck On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to enter into a Lease-Purchase Agreement with JPMorgan Chase Bank, N.A. for the financing of one (1) International HV513 heavy-duty dump truck for the Department of Public Works through a capital lease, at a cost of $261,256, consistent with plans in the 2019 operating budget of the Department of Public Works. UPON VOTING Councilmember Wehner Aye Councilmember Perticone Aye Councilmember Hushla Re Absent Councilmember Romeo Aye Supervisor Seeley Aye Resolution Number 2019-284 On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Workshop Meeting was adjourned at 5:06 PM. UPON VOTING Councilmember Wehner Aye Councilmember Perticone Aye Councilmember Hushla Re Absent Councilmember Romeo Aye Supervisor Seeley Aye Respectfully submitted, Barbara Genier, Town Clerk REGULAR TOWN BOARD MEETING DECEMBER 17, 2019 205 6:30 PM to 7:00 PM – Irondequoit Police Department Awards and Swearing-In Ceremony for Lt. Jessica Franco. Chief of Police Richard Tantalo recognized the following Police Officers: Excellent Police Service Awards: Captain Laird, Lt. Reed, Sgt. Murphy, Investigators Lape, Soprano and Wigton and Officer Nichols. Meritorious Service Awards: Lt. McLaughlin, Sgt. Murphy, Officers Bohrer, Bruckel, Gruhn and Kay. Officers of the Month (July): Sgt. Hughes and Officer Fitzak. Officers of the Month (August): Officers Bruckel, deManincor and Ficarra. Officer of the Month (November): Officer Greenfield. Swearing-In Ceremony for Lt. Jessica Franco: Chief Tantalo called Lt. Franco to the podium, along with family members. He noted her remarkable career for the past 15 years. She is a highly decorated Police Officer, very dedicated to her job. Supervisor Seeley read the Oath of Office and congratulated Lt. Franco. She thanked Supervisor Seeley, Chief Tantalo, her fellow police officers and her family for their belief and trust in her. She is especially thankful for the addition of the Mounted Police Unit to the Department. Regular Town Board Meeting of the Town Board of the Town of Irondequoit held in the Broderick Room of the Town Hall, 1280 Titus Avenue, Monroe County, New York, on the 17th day of December 2019 at 7:00 P.M. PRESENT: David Seeley Town Supervisor Nicole Hushla Re John Perticone Kimie Romeo Peter Wehner Councilmembers Harter Secrest & Emery LLP Attorney for the Town Others in attendance included Commissioner of Public Works Robert Kiley, Chief of Police Richard Tantalo, Capt. Alan Laird, Deputy Director of Community Development Patrick Pinkerton, Comptroller Diana Marsh, Director of Human Resources Jason Vinette, Director of Recreation Katrina Hall, Assessor Amy Jorstad, Assistant to the Supervisor Maria Vecchio and Town Clerk Genier. Supervisor Seeley called the Meeting to order, the Pledge of Allegiance was said, and Roll Call was taken. SUPERVISOR’S REMARKS AND ANNOUNCEMENTS: *Supervisor Seeley noted that there are two Public Hearings on the agenda, beginning at 7:35 PM. *He also noted that Senator Rich Funke will not be seeking re-election next year. Supervisor Seeley thanked Sen. Funke for the State funding secured for Irondequoit to complete such projects as the athletic fields on Kings Highway, the new Public Works building and the new Irondequoit Community Center. The Town wishes Sen. Funke a happy retirement and thanks him for his public service. *Through the month of October, the Town participated in the Beards for Bucks Program and raised over $2,000 for 13Thirty Cancer Connect, a program supporting young people diagnosed with cancer. Supervisor Seeley thanked IT Director Nate Stone who raised the most money throughout the Town. *The Annual Shop with a Cop was held on Saturday, December 14th. The Irondequoit Police Department sponsors this program with help from the Police Nightstick Club. This program has officers of the Police Department shopping with members in the community to ensure that they have a good holiday. *There will be a Swearing-In Ceremony for elected officials on Thursday, January 2nd in the Broderick Room at 6:00 PM and the Organizational Meeting on Tuesday, January 7th at 3:30 PM. These meetings are open to the public. *The Annual Winterfest event will be held on Saturday, January 25th from 11 AM to 3 PM at the Town Hall. More information can be obtained on the Town’s website. *At the December Workshop Meeting, Sheila Duff and Rosalina Hosbach from the Records Division of the Police Department, were recognized as the December’s Staff Spotlight. These individuals have given freely of their time in the Records Division of the Department. They REGULAR TOWN BOARD MEETING DECEMBER 17, 2019 206 worked extra hours to help the public and the Police Department. Both individuals are very dedicated to their work. *Supervisor Seeley then presented Councilmember Nicole Hushla Re with a plaque recognizing her work over the past four years. He commented that she is a bright young star in this community and a role model for women getting into public service. Ms. Hushla Re did not seek re-election for Town Board member. PUBLIC INPUT: Brian Contant, 71 Favara Circle, addressed the Board members again with concerns he has with the new Department of Public Works building. He is a 40-year resident of Irondequoit and a veteran fire fighter for 20 years. For the past two years, he and his family have endured loud noise and an unsightly view from his home. He said the construction of this building is in his backyard and not much has changed since the building was completed. He was told that the Town would be planting a row of evergreen trees to minimize the noise and sight of the construction but that has not happened. He said he can see the huge building from every room in his house and he has had to buy special blackout drapes to keep out the light from the building. The quality of life in his home has diminished, along with the value of his home. Mr. Contant stated that he has invited the Board members to his house but only Councilmember Perticone has done so. He hopes that there will be a solution to this problem soon. James S. Hinman, 103 Minocqua Drive, thanked the Board for their support in allowing him to serve on the Zoning Board of Appeals for the past 14 years. He is currently Chairman of that Board. He noted that there is a resolution to be adopted this evening again appointing him to the Zoning Board of Appeals for another seven years. He said that of all the volunteer service that he has done, with the possible exception of the service to the Scouts, his time on the Zoning Board has been the most valuable to him as a member of this community. FINANCIAL REPORT: Comptroller Diana Marsh reviewed the Financial Report for the month ending November 30, 2019. Total expenditures and encumbrances were at 83.3%, below the percentage of year elapsed of 91.7%. Actual expenses were 78.4% of budget; encumbrances were 5% of budget. Encumbrances remain high at this time of year as departments continue to commit to commodities, services and supplies that will be needed for the remainder of the year. The General Fund expenses were 82.3%, below the percentage of the year elapsed of 91.7%. Actual General Fund expenses are 79.2%; encumbrances were 3.1%. Jointly, the Highway Funds were at 85% of budget. Actual expenditures are $4.4M, representing 75% of budget. Actual encumbrances are $581,000, representing 10% of budget. Expenses in the Library have now leveled off with expenses at 85.2% of budget. Sewer expenses were 79.7% of budget; expenses in Drainage were 75.7% of budget. Again this month, expenditures excluding the encumbrances for the Town, as well as the three major funds, are less than the percentage of the year elapsed of 91.7%. The General Fund revenue received was $17.6M, 84.2% of budget. Real Estate Taxes are all in, 100% of budget; 101.4% of PILOT revenue was received. 94.9% of Recreation Program Fees have been received; 85.4% of revenue was received from Cemetery Revenues. 71.6% of Fines & Bail Forfeitures have been received; and 86.8% of Other Sources of Revenue (clean-up charges) have been received. The 1st Quarter Mortgage Tax received was 30.5% of budget; Sales Tax for eight months has been received, 69.1% of budget. Per Capita State Aid is expected in December. Franchise Cable TV revenue received was 45% of budget. For the entire Town, 87.1% of Revenue and Appropriated Fund Balance was received. Approximately $17.2M in Real Estate Taxes was received, 100% of budget. The Library Fund received 99% of budgeted revenue; Highway received 84.6% of its budgeted revenue; Sewer District received 100% of its budgeted revenue; and Drainage received 72.8%. Supervisor Seeley stated that the Town is about 8 percentage points below the 91.7% of the year elapsed and there were some large expenditures, such as State pensions. He noted that the Town is in good financial shape. On a motion made by Councilmember Perticone, seconded by Councilmember Hushla Re, the financial report was approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED APPROVAL OF MINUTES: On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, the minutes from the November 7, 2019 Special Town Board Meeting/Public Hearing Meeting were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED REGULAR TOWN BOARD MEETING DECEMBER 17, 2019 207 On a motion made by Councilmember Wehner, seconded by Councilmember Perticone, the minutes from the November 12, 2019 Workshop Meeting were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Wehner, seconded by Councilmember Perticone, the minutes from the November 19, 2019 Regular Town Board Meeting were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED ITEMS FOR BOARD ACTION: 12A2019-3 RESOLUTION AUTHORIZING A SETTLEMENT AGREEMENT—24 GLEN HAVEN ROAD On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted approving a settlement with 24 Glen Haven Road. Assessor Amy Jorstad explained that a single-family rental property brought forward an Article 7 proceeding stating that the property has not been maintained and the assessment should be reduced. Assessor Jorstad agreed. The assessment for this property shall be reduced from $110,200 to $91,000 for 2018 and 2019. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-285 12A2019-4 RESOLUTION AUTHORIZING A SETTLEMENT AGREEMENT— PROVIDENCE DURAND HOUSING DEVELOPMENT FUND COMPANY, INC. On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted approving a settlement with Providence Durand Housing Development Fund Company, Inc. for 2019. The assessment shall be reduced from $960,000 to $387,000 for tax parcel 062.19-1-36 and from $1,312,000 to $513,000 for tax parcel 062.19-2-89.2. Assessor Amy Jorstad explained that a housing development brought an Article 7 Proceeding stating that the property was over-assessed for 2019. The Assessor agreed. In 2019, the property was not up and running and fully rented and there wasn’t complete income information at the time the original assessment was developed. Going forward, the assessment will be developed based on the actual income received from the property. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-286 12A2019-5 RESOLUTION REAPPOINTING A ZONING BOARD OF APPEALS MEMBER On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted reappointing James S. Hinman to the Zoning Board of Appeals with his term ending December 31, 2026. Supervisor Seeley noted that this is Mr. Hinman’s third term, each term being seven years in length. The Zoning Board is critical to the Town in making decisions that are best for the Town, especially to land use. Mr. Hinman has been a real asset to the Board given his grasp of land use issues. As Chairman of this Board, he has served as a model for how meetings should be run. Supervisor Seeley also noted that all members on the Town Boards are volunteers. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-287 REGULAR TOWN BOARD MEETING DECEMBER 17, 2019 208 12A2019-6 RESOLUTION REAPPOINTING A PLANNING BOARD MEMBER On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the reappointment of Bernard J. Blocchi as Planning Board Chairman with a term ending December 31, 2026. Supervisor Seeley stated that Mr. Blocchi was initially appointed to the Planning Board in 2012 and he has done a terrific job as Chairman. The term of office for this Board is seven years, expiring on December 31, 2026. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-288 12A2019-7 RESOLUTION REAPPOINTING A PLANNING BOARD CHAIRMAN On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted reappointing Bernard J. Blocchi as Chairman of the Irondequoit Planning Board with a term expiring December 31, 2021. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-289 12A2019-8 RESOLUTION AUTHORIZING THE REAPPOINTMENT OF AN ALTERNATE MEMBER On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted reappointing Jacqueline L. Murray as an Alternate on the Planning Board with a term ending December 31, 2021. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-290 12A2019-9 RESOLUTION REAPPOINTING CONSERVATION BOARD MEMBERS On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted reappointing the following six members to the Conservation Board: Stephen Greive, Krista Greer, Jack Kaufman, Deborah Muratore, Brianne Walsh and Daniel Yanosh. Supervisor Seeley noted that this Board provides several important services, most recently as it relates to the Town’s Tree Inventory. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-291 12A2019-10 RESOLUTION AUTHORIZING REVISIONS TO THE 2020 IRONDEQUOIT PLANNING BOARD AND ZONING BOARD OF APPEALS MEETING SCHEDULES On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted approving the revised Irondequoit Planning Board and Zoning Board of Appeals meeting schedules for 2020. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-292 REGULAR TOWN BOARD MEETING DECEMBER 17, 2019 209 12A2019-11 RESOLUTION APPROVING THE PROVISIONAL APPOINTMENT OF A REAL PROPERTY APPRAISER On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted approving the provisional appointment of Anthony C. DiPietro as the Real Property Appraiser for the Town of Irondequoit. Assessor Amy Jorstad noted that Mr. DiPietro is an Irondequoit resident with a real estate background. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-293 12A2019-12 RESOLUTION APPROVING THE PROVISIONAL APPOINTMENT OF A POLICE LIEUTENANT On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted approving the provisional appointment of Sergeant Casey McLaughlin as a Police Lieutenant. Director of Human Resources Jason Vinette explained that Sgt. McLaughlin has already taken the exam and is waiting for the results of that test for his permanent appointment. Chief of Police Richard Tantalo noted that Acting Lt. McLaughlin joined the force in 2009 and has done an exceptional job on road patrol. He supervises the Technical Division and has been assigned to the Criminal Investigations Unit. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-294 12A2019-13 RESOLUTION AUTHORIZING THE SUPERVISOR TO EXTEND A CONTRACT FOR INFORMATION TECHNOLOGY SUPPORT SERVICES On a motion made by Councilmember Hushla Re, seconded by Councilmember Perticone, a resolution was adopted extending the contract with Fusion Digital LLC for a one-year term which shall be in full force and effect from January 1, 2020 to December 31, 2020. Supervisor Seeley noted that the Town entered into a contract with Fusion Digital LLC in 2017 which included two extension periods of one year each. The Town is now extending the contract with Fusion Digital LLC for one year, with said contract in effect from January 1, 2020 to December 31, 2020. Supervisor Seeley stated that the arrangement with Fusion Digital has worked out well. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-295 12A2019-14 RESOLUTION AUTHORIZING INCREASE IN TOWING FEES On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the following towing fees: $160 for standard towing of all vehicles, $55 for winching and recovery, and $40 for vehicle storage per day. Chief of Police Richard Tantalo stated that Cristo Towing has been awarded the towing contract and has been doing so for several years. The last time the fees were increased was in 2013. Chief Tantalo reviewed the fees from other Towns and found that the above fees are consistent with other Towns. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-296 REGULAR TOWN BOARD MEETING DECEMBER 17, 2019 210 12A2019-15 RESOLUTION AUTHORIZING THE PURCHASE OF ONE 2020 FORD UTILITY POLICE INTERCEPTOR ALL-WHEEL-DRIVE VEHICLE AND THE ASSOCIATED BUDGET TRANSFERS On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted approving the transfer of funds to purchase one new 2020 Ford Utility Police Interceptor All-Wheel-Drive Vehicle from Van Bortel Ford in the amount of $36,331.44. Chief of Police Richard Tantalo stated that it is necessary to purchase one new 2020 Ford Utility Police Interceptor All-Wheel-Drive vehicle due to the loss of one in the fleet. He will be using funds from the Insurance Recoveries ($13,422) and Police fuel charge-back expense account ($8,000) and an existing budget line for this purchase. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-297 12A2019-16 RESOLUTION AUTHORIZING THE PURCHASE OF TWO SIX-WHEEL TRUCKS WITH PLOW EQUIPMENT TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted approving the purchase of two new International, HV513 heavy- duty dump trucks with plowing equipment in the amount of $547,447.88 with Regional International Corp. Commissioner of Public Works Robert Kiley explained that this purchase is necessary to replace two six-wheel heavy-duty trucks with dump body and snowplowing equipment and is authorized through County contracts. Sealed bids were opened, and the lowest responsible bid was $273,723.94 from Regional International Corp. Funding is available through the 2020 Capital Improvement Plan. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-298 PUBLIC HEARINGS: 12PH2019-1 ON THE MATTER OF AMENDING THE IRONDEQUOIT 2019 7:35 PM COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Public Hearing was opened at 7:35 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Supervisor Seeley explained that this resolution will modify the 2019 Community Development Block Grant (CDBG) Program to add LifeSpan to provide senior transportation services. This service will not only meet the demand for senior transportation but will expand the demand. He stated that United Way and LifeSpan are partnering up, and funding is being given to LifeSpan to pilot a mobility management program for seniors. This will allow them to age in place and make them more mobile in Town. Public Hearing Public Input: No one came forward to speak for or against this matter. On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, the Public Hearing was closed at 7:37 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED 12PH-1A RESOLUTION APPROVING AMENDING THE SENIOR TRANSPORTATION ACTIVITY IN THE 2019 ANNUAL PLAN FOR THE IRONDEQUOIT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REGULAR TOWN BOARD MEETING DECEMBER 17, 2019 211 On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the adoption of an amendment to the Irondequoit 2019 Community Development Block Grant (CDBG) Annual Plan to include service to be provided by LifeSpan and authorizes the Supervisor to execute and deliver such documentation as may be required by HUD. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-299 12PH2019-2 ON THE MATTER OF GRANTING A SPECIAL USE PERMIT TO 7:36 PM CONVERT OFFICE SPACE INTO A MIXED-USE BUILDING LOCATED AT 1839 E. RIDGE ROAD IN A M-MANUFACTURING DISTRICT On a motion made by Councilmember Hushla Re, seconded by Councilmember Perticone, the Public Hearing was opened at 7:40 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Deputy Director of Community Development Patrick Pinkerton explained that under the zoning code, a Special Use Permit is required for this particular use in the M-Manufacturing District. The applicant, Mark Shavron, wishes to have a commercial karate studio on the first floor and a residential apartment on the second floor. This is a Type II action under SEQRA and no SEQRA review is required. Deputy Director Pinkerton added that this matter went before the Planning Board for review and was offered a positive declaration to the Town Board. The Applicant stated that he is the owner of Irondequoit Martial Arts and has been in business for 12 years. He currently rents from Rubino’s and they are looking for something else in that building. He is forced to look elsewhere and that is why he is looking at this property. Public Hearing Public Input: No one came forward to speak for or against this matter. On a motion made by Councilmember Hushla Re, seconded by Councilmember Romeo, the Public Hearing was closed at 7:42 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED 12PH-2A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR 1839 E. RIDGE ROAD IN A M-MANUFACTURING DISTRICT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the Special Use Permit for 1839 E. Ridge Road in a M- Manufacturing District. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-300 12A2019-17 RESOLUTION AUTHORIZING THE PURCHASE OF ONE LOWBOY TRAILER TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving a purchase order in the amount of $56,905 with Tracey Road Equipment for the purchase of one new Felling detachable gooseneck lowboy trailer. Commissioner of Public Works Robert Kiley explained that this resolution authorizes the purchase of this trailer from Tracey Road Equipment in the sum of $56,905. The current trailer is not being used due to mechanical failure. He stated that this piece of equipment is critical to his Department. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-301 REGULAR TOWN BOARD MEETING DECEMBER 17, 2019 212 12A2019-18 RESOLUTION AUTHORIZING THE PURCHASE OF ONE EXTENDED REACH WHEEL LOADER On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted approving a purchase order in the amount of $199,279 with Monroe Tractor for the purchase of one new Case 721GXR Extended Reach Wheel Loader. Commissioner of Public Works Robert Kiley explained that this purchase is being made from Monroe Tractor, an authorized dealer under the State contract. Funding in the amount of $199,279 is available in the Capital Improvement Program. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-302 12A2019-19 RESOLUTION AUTHORIZING THE PURCHASE OF ONE HEAVY HAUL TRAILER TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted approving a purchase order in the amount of $138,995 with Tracy Road Equipment for the purchase of one new heavy haul tractor trailer with chassis. Commissioner of Public Works Robert Kiley explained that this tractor is being purchased from Tracy Road Equipment, a vendor under the Onondaga County contract. This tractor replaces an old tractor. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-303 12A2019-20 RESOLUTION RENEWING HVAC SERVICES AGREEMENT WITH THE LIBRARY On a motion made by Councilmember Perticone, seconded by Councilmember Hushla Re, a resolution was adopted renewing an annual HVAC Service Agreement for the Irondequoit Library in the amount of $4,326. Commissioner of Public Works Robert Kiley explained that his Department and the Library work in collaboration to review maintenance contracts to consolidate services. This resolution would renew the Agreement with Postler & Jaeckle for a one-year term beginning November 1, 2019 through October 2020 at a cost of $4,326. Supervisor Seeley added that this resolution would not have come before the Town Board in previous years, but the Town has assumed many of the responsibilities for maintaining the Library. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-304 12A2019-21 RESOLUTION AUTHORIZING AN INTERFUND LOAN FROM THE GENERAL FUND BALANCE TO CAPITAL PROJECT FUND 314 On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted authorizing an interfund loan from the General Fund balance to Capital Project Fund 314 in the amount of $2,125,000. Commissioner of Public Works Robert Kiley explained that as part of the construction for the new Public Works facility, the Town received $2,125,000 in grant funding--$1,000,000 from State Senator Rich Funke and $1,125,000 from then Majority Leader Joseph Morelle. While the Town waits for this grant funding, it is necessary to have the Town General Fund loan $2,125,000 to the Capital Project Fund 314. The General Fund will be made whole once the grant funds have been received. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-305 REGULAR TOWN BOARD MEETING DECEMBER 17, 2019 213 12A2019-22 RESOLUTION AUTHORIZING THE ACCEPTANCE OF GRANT FUNDING On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted accepting New York State Lake Ontario REDI grant funding in the amount of $6,552,000. Commissioner of Public Works Robert Kiley explained that New York State created a Lake Ontario Resiliency and Economic Development Initiative (REDI) program in response to the unusually high flood waters in 2017 and 2019. The State has allocated $6,552,000 to be used by the Town to improve some areas that received damage due to said flooding. The Town is required to match the grant amount with a 5% match. This action is a Type II and required no SEQRA review. Supervisor Seeley listed the areas receiving funding: $150,000 for German Village Pump Station; $1.2M for Bay Village Pump Station; $1.87M for the Bay Shore Boulevard Sewer System; $500,000 for the Culver Ridge Storm Sewers; $2.7M for the Irondequoit State Marine Park; and $150,000 for the Sea Breeze Pump Station. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the resolution was amended to state the correct amount of grant funding in the NOW THEREFORE BE IT RESOLVED clause as $6,552,000, not $6,500,000. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, the amended resolution was adopted accepting New York State Lake Ontario REDI grant funding in the amount of $6,552,000. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-306 12A2019-23 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AN AGREEMENT WITH NEW YORK STATE REGARDING MAINTAINING FACILITIES On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted authorizing the Supervisor to Enter into an Agreement with New York State Department of Transportation authorizing the State to adjust approximately 14 sanitary manhole elevations. Commissioner of Public Works Robert Kiley explained that the New York State Department of Transportation is preparing a project for 2020 to mill and resurface Empire Boulevard. The Town maintains a sanitary storm sewer that goes down the center of Empire Boulevard and manholes are in that roadway. This resolution authorizes an agreement between the Town and NYSDOT where the Town will remit the frames and covers for the sanitary sewer and the State DOT would adjust the frames and covers of the existing sanitary sewer line on Empire Boulevard. The State DOT would remit back to the Town the damaged covers and frames that were formerly on Empire Boulevard. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-307 12A2019-24 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AN INTERMUNICIPAL AGREEMENT FOR NYS SNOW & ICE On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted approving the agreement with New York State for Snow & Ice Removal on New York State roadways. Commissioner of Public Works Robert Kiley explained that this resolution would authorize the Town to plow Empire Boulevard for a five-year term, beginning July 1, 2019 and ending June 30, 2024. The Town will be reimbursed for this work in the amount of $39,904.67 for 6.8 miles per year for a five-year total of $199,523.35. Supervisor Seeley asked if the road miles change within REGULAR TOWN BOARD MEETING DECEMBER 17, 2019 214 the five-year period, can the State come back to the Town to negotiate and Commissioner Kiley said it could. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-308 12A2019-25 RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE AN AGREEMENT FOR MONROE COUNTY SNOW & ICE CONTROL SERVICES FOR 2019/2020 SEASON On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, a resolution was adopted authorizing the Town Supervisor to execute a renewal of the Agreement for the 2019/2020 winter season for a rate of $3,362 per lane mile and a total of 87.205 miles. Commissioner of Public Works Robert Kiley explained that this resolution would authorize the Town to continue snow and ice services for the 2019/2020 season for roadways owned and maintained by the County of Monroe. The County owns 87.2 miles of roadway in Irondequoit. The rate per lane mile increased from last year for a total of $3,362 per lane mile. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-309 12A2019-26 RESOLUTION AUTHORIZING THE DEDICATION OF PHOENIX WAY On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, a resolution was adopted dedicating Phoenix Way as a Town road. Supervisor Seeley stated that this would rename the road off 2629 East Ridge Road leading to the new Public Works headquarters and calling it appropriately Phoenix Way. Supervisor Seeley suggested “Phoenix” due to the adversity the Town has faced in recent years. He explained that the name is a reference to the Harry Potter franchise and the term, Phoenix Rising from the Ashes. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-310 12A2019-27 RESOLUTION AUTHORIZING AN UPDATED CAMP EASTMAN CABIN AND LODGE RENTAL HOLIDAY FEE SCHEDULE On a motion made by Councilmember Perticone, seconded by Councilmember Hushla Re, a resolution was adopted approving the Camp Eastman updated holiday rental fee schedule, effective as of January 1, 2020. Director of Recreation Katrina Hall explained that after a thorough review of Camp Eastman holiday rental fees, it was noted that the holiday rate did not fall in line with the other rates in regard to the difference between lodges and cabins. Cabins are typically higher because of their size and amenities, and the difference between residents and non-residents. The new fee schedule does not take effect until January 1, 2021 because people can rent 365 days in advance. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-311 12A2019-28 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH INDEPENDENT CONTRACTORS FROM LOCAL B-90 FOR STAFFING OF PARKING PERSONNEL, DAY/OVERNIGHT SUPERVISORS, TICKET TAKERS AND TICKET SELLERS FOR MCAVOY PARK, CAMP EASTMAN SPORTS FIELDS AND VARIOUS TOWN SPECIAL EVENTS REGULAR TOWN BOARD MEETING DECEMBER 17, 2019 215 On a motion made by Councilmember Hushla Re, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to enter into various contracts with independent contractors from Local B-90 for staffing of parking personnel, day/overnight supervisors, ticket takers and ticket sellers for McAvoy Park, Camp Eastman Sports Fields and various Town special events. Director of Recreation Katrina Hall explained that all the contracts were available for the Board members to review. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-312 12A2019-29 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH VENDORS FOR YOUTH, FAMILY AND SENIOR RECREATIONAL PROGRAMMING FOR WINTER/SPRING 2020 On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter into contracts with the various vendors for youth, family and senior recreational programming for winter/spring 2020. Director of Recreation Katrina Hall explained that all contracts were available for Board members to review. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2019-313 Supervisor Seeley thanked Councilmember Nicole Hushla Re for her work on the Town Board these past four years. Next Board meetings are: Thursday, January 2, 2020 Swearing-In Ceremony @ 6 PM Tuesday, January 7, 2020 Organization Meeting @ 3:30 PM Tuesday, January 14, 2020 Workshop Meeting @ 4 PM Tuesday, January 21, 2020 Regular Town Board Meeting @ 7 PM On a motion made by Councilmember Romeo, seconded by Councilmember Hushla Re, the Regular Town Board Meeting was adjourned at 8:02 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk Resolution No. 2020-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD AUTHORIZING AN ARTICLE 7 SETTLEMENT FOR 2200 N. GOODMAN ST. BROUGHT BY W2005/FARGO HOTELS (POOL C) REALTY, L.P. At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st of January 2020 at 7:00 P.M. local time; there were: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________ offered the following resolution and moved its adoption: WHEREAS, a settlement agreement for the Article 7 proceedings brought by W2005/FARGO HOTELS (POOL C) REALTY L.P., has been submitted by Amy Jorstad, the Assessor for the Town of Irondequoit, and recommended by Thomas A. Fink, Esq., special counsel for the Town of Irondequoit for tax certiorari matters. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit formally approves a settlement with W2005/FARGO HOTELS (POOL C) REALTY L.P. on the following terms: 1. The assessment for W2005/FARGO HOTELS {POOL C} REALTY L.P for the 2018 & 2019 assessment roll years shall be reduced from $3,504,300 to $3,000,000. 2. The settlement shall be governed by § 727 of the Real Property Tax Law for tax years 2020, 2021 and 2022. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Perticone voting __________ Town Board Member Freeman voting __________ Town Board Member Romeo voting __________ Town Supervisor Seeley voting __________ STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE IN THE MATTER OF THE APPLICATION OR W2005/FARGO HOTELS (POOL C) REALTY, L.P., Petitioner, -vs- THE ASSESSOR, THE BOARD OF ASSESSORS AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF IRONDEQUOIT AND THE TOWN OF IRONDEQUOIT, Respondents. For a Review of a Tax Assessment Under Article 7 of the Real Property Tax Law Index Nos.: E2018005429 E2019006585 Tax Years: 2018, 2019 Property Address: 2200 N. Goodman Street Tax Map No.: 092.05-1-85.113 FINAL ORDER The Petitioners having brought this proceeding under Article 7 of the Real Property Tax Law to review the assessment placed upon the parcel of real property in the Town of Irondequoit, County of Monroe, State of New York, identified on the assessment roll of the Respondents as Tax Map No. 092.05-1-85.113 (the "Property") as of the taxable status date in tax years 2018 and 2019; and The parties now having settled and compromised the pending litigation upon the terms and conditions of a Stipulation of Settlement (the "Stipulation"); NOW, on the joint motion of Davidson Fink LLP, attorneys for the Respondents, Thomas A. Fink, Esq., of counsel, and Cronin, Harris & Associates, P.C., Laureen Harris, Esq., attorneys for the Petitioners; it is hereby ORDERED that the Stipulation of the parties dated January , 2020, be, and hereby is, approved; and it is further ORDERED that the assessment of the Property in the tax year set forth in the Stipulation shall be reduced in accordance with the terms and conditions of the Stipulation; and it is further ORDERED that there shall be audited, allowed and paid to the Petitioners by the Town of Irondequoit, the East lrondequoit Central School District, the County of Monroe and all special districts, refunds based on taxes paid by said Petitioners against the original assessment in excess of what the taxes would have been if the assessment had been made as determined by the Stipulation; and it is further ORDERED that said refunds shall be paid within sixty (60) days from service of the Order together with a Demand for Payment of Refund. If said refund payments are not made within said sixty (60) day period, statutory interest shall be due and calculated from the respective dates of payment of each tax in accordance with Section 726 of the Real Property Tax Law; and it is further ORDERED that the tax proceedings described therein for tax years 2018 and 2019, bearing Index Numbers E2018005429 and E2019006585, shall be settled, on the merits and with prejudice, without costs to either party, and that an Order to that effect may be entered in the Monroe County Clerk's Office, and it is further ORDERED that the provisions of §727 of the Real Property Tax Law shall apply; and it is further ORDERED that the within Order and Stipulation be entered in the Monroe County Clerk's Office and a true copy thereof, with notice of entry thereon, be filed among the permanent records of the Assessor of the Town of Irondequoit. 2 Dated: , 2020 Rochester, New York Hon. Gail A. Donofrio Justice of the Supreme Court ENTER: STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE IN THE MATTER OF THE APPLICATION OF: W2005/FARGO HOTELS (POOL C) REALTY, L.P., Petitioner, -vs- THE ASSESSOR, THE BOARD OF ASSESSORS AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF IRONDEQUOIT AND THE TOWN OF IRONDEQUOIT, Respondents. For a Review of a Tax Assessment Under Article 7 of the Real Property Tax Law Index Nos.: E2018005429 E2019006585 Tax Years: 2018, 2019 Property Address: 2200 N. Goodman Street Tax Map No.: 092.05-1-85.113 STIPULATION OF SETTLEMENT WHEREAS, Petitioners, W2005/Fargo Hotels (Pool C) Realty, L.P., ("Petitioners"), by and through their attorneys, Cronin, Harris & Associates, P.C., (Laureen Harris, Esq., of counsel), has commenced the above -captioned tax certiorari proceedings ("Proceedings") under Real Property Tax Law, Article 7 against Respondents, the Assessor, the Board of Assessors and the Board of Assessment Review of the Town of Irondequoit and the Town of Irondequoit ("Town"), represented by their attorneys Davidson Fink, LLP (Thomas A. Fink, Esq., of counsel); and WHEREAS, Petitioners and the Town are collectively referred to as the "Parties," and WHEREAS, the Parties have engaged in settlement discussions and have agreed to fully resolve their differences without further litigation upon the terms of this Stipulation of Settlement ("Stipulation"); and WHEREAS, the Parties agree that the Proceedings shall be settled based upon the terms set forth in this Stipulation; and NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective Parties herein: 1. The real property at issue in the Proceedings is situated in the Town of Irondequoit and described on the Town's assessment rolls for the relevant tax years as follows ("Property"): Property Description 2200 N. Goodman Street Town of Irondequoit, New York Tax Parcel No. 092.05-1-85.113 2. The Parties agree the total assessed value of the Property shall be reduced as set forth below: Tax Year Taxable Status Date 2018 March 1, 2018 2019 March 1, 2019 Tax Parcel 092.05-1-85.113 092.05-1-85.113 Current Assessment $3,504,300.00 $3,504,300.00 Stipulated Reduced Assessment $3,000,000.00 $3,000,000.00 3. The officials of the County of Monroe, the Town of Irondequoit, the East Irondequoit Central School District and every other taxing entity, district or municipal corporation having custody of or levying taxes upon the basis of said assessment rolls or any copies thereof, be directed and So Ordered to make or cause to be made on the property books and records the entries and changes necessary to correct said assessment pursuant to Paragraphs 1 and 2 herein. 4. Refunds of the taxes paid and collected in excess of the Stipulated Reduced Assessments shall be made by the County of Monroe, the Town of Irondequoit, the East 2 Irondequoit Central School District and all special districts, and any other affected taxing entity, without interest, so long as payment is received by Petitioner's attorney within sixty days (60) from receipt of the Demand for Refund. If payment is not received within said sixty-day period, statutory interest shall be calculated and paid from the respective dates of payment of each tax, 5. The provisions of Real Property Tax Law §727 shall apply for the tax years 2020, 2021 and 2022. 6. The Parties acknowledge that this Stipulation is entered into for good and valuable consideration and that no costs or allowances shall be awarded to, by or against the Parties. 7. An executed copy of the Stipulation, shall be entered and docketed in the Monroe County Clerk's Office arrd the Stipulation with Notice of Entry be filed among the Assessor's permanent records. Dated: , 2020 CRON IS & ASSOCIATES, PC en F-Iarris, Esq. The Omni Building 333 Earle Ovington Blvd. Ste. 820 Uniondale, New York 11553 (516) 506-7880 Counsel for Petitioners Dated: , 2020 DAVIDSON FINK LLP By: Thomas A. Fink, Esq. 28 East Main Street, Suite 1700 Rochester, New York 14614 (585) 546-6448 Counsel for Respondents 3 Town Tax Refund Calculations-2200 N. Goodman St. W2005/FARGO HOTELS (POOL C) REALTY, L.P. Assessment Actual Revised Roll Actual Taxable Revised Taxable Year Effective Assessment Assessment Assessment Assessment Reduction Tax Rate Refund 2018 January-19 $3,504,300 $3,504,300 $3,000,000 $3,000,000 $504,300 $6.04 $3,045.97 2019 January-20 $3,504,300 $3,504,300 $3,000,000 $3,000,000 $504,300 $6.17 $3,111.53 Town Total:$6,157.50 All Refunds:Town $6,157.50 County $8,472.24 School $29,115.26 Special Dist.$5,204.38 2200 N. Goodman Street Total Refunds:$48,949.38 SBL # 092.05-1-85.113 Property currently being used as a hotel Refund calculations are estimates only Actual refunds are calculated at each jurisdictional level and may be more precise Prepared 1/09/2020 County Tax Refund Calculations-2200 N. Goodman St. W2005/FARGO HOTELS (POOL C) REALTY, L.P. Assessment Actual Revised Roll Actual Taxable Revised Taxable Year Effective Assessment Assessment Assessment Assessment Reduction Tax Rate Refund 2018 January-19 $3,504,300 $3,504,300 $3,000,000 $3,000,000 $504,300 $8.28 $4,175.60 2019 January-20 $3,504,300 $3,504,300 $3,000,000 $3,000,000 $504,300 $8.52 $4,296.64 Total:$8,472.24 County Tax Refund Calculations-2200 N. Goodman St. W2005/FARGO HOTELS (POOL C) REALTY, L.P. Assessment Actual Revised Roll Actual Taxable Revised Taxable Year Effective Assessment Assessment Assessment Assessment Reduction Tax Rate Refund 2018 January-19 $3,504,300 $3,504,300 $3,000,000 $3,000,000 $504,300 $28.55 $14,399.79 2019 January-20 $3,504,300 $3,504,300 $3,000,000 $3,000,000 $504,300 $29.18 $14,715.47 Total:$29,115.26 County Tax Refund Calculations-2200 N. Goodman St. W2005/FARGO HOTELS (POOL C) REALTY, L.P. Assessment Actual Revised Roll Actual Taxable Revised Taxable Year Effective Assessment Assessment Assessment Assessment Reduction Tax Rate Refund 2018 January-19 $3,504,300 $3,504,300 $3,000,000 $3,000,000 $504,300 $5.03 $2,536.63 2019 January-20 $3,504,300 $3,504,300 $3,000,000 $3,000,000 $504,300 $5.29 $2,667.75 Total:$5,204.38 Resolution No. 2020 - __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AGREEMENT TO RECEIVE ZOMBIE 2.0 GRANT FUNDS At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020, at 7:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________ offered the following resolution and moved its adoption: WHEREAS, the Town was invited to apply for a Zombie 2.0 grant through the Local Initiatives Support Corporation (LISC) to help address vacant structures in the town; and WHEREAS, the Town prepared a grant proposal that outlined staffing resources and legal and professional services needed to adequately address zombie properties within the community; and WHEREAS, the Town has been awarded up to $226,100 in grant funds, which will be used to formalize vacant-focused code enforcement and engage legal services needed to pursue compliance with all applicable town and state regulations. A copy of the draft agreement is provided as Attachment A; and WHEREAS, the Town was notified of the awarded grant and included the associated revenues and expenditures in the Community Development’s 2020 budget. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit authorizes the Town Supervisor to sign the LISC grant agreement. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting Aye_____ Town Board Member Perticone voting Aye_____ Town Board Member Freeman voting Aye_____ Town Board Member Romeo voting Aye_____ Town Supervisor Seeley voting Aye_____ Local Initiatives Support Corporation – NYS Housing Stabilization Fund 501 Seventh Avenue, 7th Floor, New York, NY 10018 July 1st, 2019 David Seeley Supervisor Town of Irondequoit 1280 Titus Avenue Rochester, NY 14617 supervisor@irondequoit.org Re: LISC Program Action Number: 48568-0001 Town of Irondequoit Dear Supervisor Seeley: Commitment of Grant: I am pleased to inform you that Local Initiatives Support Corporation ("LISC") hereby agrees to provide a grant in the amount of $226,100 which does not include the equivalent of $11,900 provided to the Grantee (defined below) in the form of LISC technical assistance (collectively, the “Grant”) to the Town of Irondequoit “Grantee”), for its zombie and vacant one-to-four family house identification, assessment, enforcement, policy and prevention initiatives on the terms set forth below. This Grant is being made as part of the activities of the New York State Housing Stabilization Fund, a LISC program that is funding the work of Municipalities (or their housing or finance agencies) to support Housing Quality Improvement and Code Enforcement Programs, among other activities. LISC will disburse the proceeds of the Grant to the Grantee in installments, about every six months in the approximate amounts set forth in the schedule attached hereto (the Disbursement Schedule) by Automated Clearing House (“ACH”) or by wire transmittal, it being understood, however, that disbursements after the first disbursement shall be subject to the conditions set forth below, including, but not limited to, expenditure of previous disbursement(s). LISC will internally disburse 5% of the total Grant proceeds, in the amount of $11,900. Joint Grantees: For grants awarded to two or more municipalities, the municipality designated the Grantee in this Grant Agreement shall function as the fiscal agent and receive disbursements as set forth in this Grant Agreement and shall sub-grant to its joint grantee(s) pursuant to sub-grant agreements incorporating the requirements of this Grant Agreement by reference. Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 2 of 20 Grant Term: The term of the Grant shall begin on the date of the First Disbursement, as defined below, and end on June 30, 2021 (the “Grant Expiration Date”). A. First Disbursement of Grant: The First Disbursement will be made by LISC upon the satisfaction of the following conditions: 1. Receipt by LISC of a countersigned copy of this Grant Agreement executed by a duly authorized signatory of the Grantee, scanned and sent to LISC via e-mail in accordance with the directions below. The original, with original signature of an authorized signatory of Grantee, to be mailed to LISC in accordance with the instructions below. By countersigning this Grant Agreement, the Grantee agrees to the terms set forth herein (including the provisions of this Grant Agreement and confirmation that Grantee has agreed to the attached Work Plan and Grant Budget), and affirms that it will use Grant proceeds solely for its zombie and vacant one-to-four family house identification, assessment, enforcement, policy and prevention initiatives. Accepting the Grant proceeds will be further acknowledgement of Grantee’s agreement to the terms and conditions of this Grant Agreement. 2. Receipt by LISC of all of the items included on the attached Due Diligence Checklist (Attachment D). 3. Receipt by LISC of completed and signed ACH instructions or of signed wire instructions in the attached form (Attachment E). 4. Completion and execution, by an authorized signatory, a disbursement request in the attached form (Attachment F). B. Subsequent Disbursements: Subsequent disbursements shall be made approximately every six months after the previous disbursement, in accordance with the Disbursement Schedule, upon the satisfaction of the following conditions: 1. Completion and execution by an authorized signatory, of a disbursement request form. Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 3 of 20 2. An annotated copy of the Grant Budget, showing what portion of each line item was funded with the most recent Disbursement and how the next Disbursement will be allocated. Any proposed changes to the Grant Budget, if any, should be flagged and a brief written explanation must be provided for the proposed changes. (This is to be sent by e-mail in accordance with the instructions below.) Grantee’s compliance with the terms of this Grant Agreement and the General Terms and Conditions, Representations and Indemnification, is a condition to the making of any Subsequent Disbursement. Subsequent disbursements shall be in such amounts as are determined by LISC, based on Grantee’s Periodic Written Reports, the Grant Budget, plus any adjustments for previously disbursed but unexpended Grant Proceeds. Please note – that if any proceeds from the First or Subsequent Disbursements are to be expended to fund the acquisition, rehabilitation, improvement, or demolition of real property, Grantee shall comply with the terms and conditions set forth under the Land Acquisition and Construction Rider. Please also note – if Grantee fails to expend the full amount of the Disbursement during the six month disbursement period, the amount of the unexpended Grant proceeds can be deducted from the Subsequent Disbursement proceeds disbursed to the Grantee, in the sole discretion of LISC. Reporting Requirements. During the course of the Grant, Grantee shall submit to LISC the following reports and information: Periodic Written Reports - Until such time as the Grant has been fully expended, Grantee shall submit to LISC periodic reports approximately every three months in the attached forms (“Periodic Reports”). Grantee shall submit its first and subsequent Periodic Reports to LISC no later than 15 days before the end of each calendar quarter, beginning with the calendar quarter ending on September 30, 2019. Final Report - Additionally, following Grantee’s final expenditure of Grant Proceeds, Grantee shall submit a final report (“Final Report”) to LISC detailing i) all expenditures and progress of ongoing projects from the previous reporting period, utilizing applicable portions of the Periodic Report Form and ii) a narrative report on the overall major accomplishments and problems faced by Grantee in utilizing the Grant. Grantee shall submit the Final Report on or before June 30, 2021. Additional Reports or Other Information. LISC may, at any time and in its sole discretion, request Grantee to submit additional Periodic Reports or supplemental information for any submitted Periodic Report; Grantee shall submit to LISC such requested additional report within 10 business days of receipt of such request from LISC. Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 4 of 20 Technical Assistance/Monitoring Phone Check-ins: In LISC’s sole discretion, LISC can require Grantee to participate in periodic phone calls to review progress and challenges with implementing the Work Plan; such phone calls may occur once a month, once a quarter, or on another schedule specified by LISC. Additional Technical Assistance: The Grantee may request additional technical assistance from LISC, as needed, in addition to the Technical Assistance set forth in this Grant Agreement, and LISC shall use reasonable efforts to provide such assistance, subject to financial resources and staff availability. Visit(s) to Grantee: LISC, in its sole discretion, may make one visit a year to the Grantee’s offices and to meet with staff hired using Grant proceeds and any staff and elected officials working on the Grant and to review Grant books and records, on a date mutually agreed upon by LISC and the Grantee. Compliance with Terms; Incorporation At all times, Grantee shall use Grant Proceeds in accordance with the terms of this Agreement. Further, the terms and provisions of all Attachments, as listed below, including but not limited to the General Terms and Conditions, Representations and Indemnification, are an integral part of this Agreement and are hereby incorporated into this Agreement; Grantee’s activities shall comply at all times with the terms and provisions set forth therein. Schedule of Attachments The following documents form part of this Agreement: 1. Attachment A – Disbursement Schedule / Amounts 2. Attachment B – Approved Grant Budget. 3. Attachment C – Approved Work Plan. 4. Attachment D – Due Diligence Checklist 5. Attachment E – ACH Authorization / Wire Transfer Instructions 6. Attachment F – Disbursement Request Form 7. Attachment G - Periodic Reporting Forms – for Grant Budget and Work Plan. 8. Attachment H –Land Acquisition and Construction Rider 9. Attachment I – General Terms and Conditions, Representations and Indemnification Please email a scanned copy of the countersigned copy of this Grant Agreement, and all other required documents, to HCaloir@lisc.org, and mail her a hard copy of this Grant Agreement only (no hard copies are required of the other documents) to Helene Caloir, LISC, 501 Seventh Avenue, 7th Floor, New York, NY 10018. Please contact Ms. Caloir if you have any questions about these disbursement conditions. Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 5 of 20 Please note - this Grant Agreement must be signed and returned to LISC on or before July 15, 2019. If such deadline passes, LISC reserves the right to withdraw its commitment to make the Grant and reallocate the Grant proceeds. Please also note Grantee must submit its final Disbursement Request on or before December 15, 2020 and its request for the retained fee of $10,000 on or before June 15, 2021. Any Grant proceeds not requested on or before such date will be de-obligated and re-granted unless LISC consents, in writing, to an extension of the deadline. [Signatures appear on next page.] Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 6 of 20 LOCAL INITIATIVES SUPPORT CORPORATION Signature: Name: Title: Date: _______ __, 2019 GRANT AGREEMENT CONDITIONS ACCEPTED AND AGREED TO: TOWN OF IRONDEQUOIT Authorized Signature: Name: Title: Date: ______ ___, 2019 Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 7 of 20 Attachment A DISBURSEMENT SCHEDULE AND AMOUNTS Disbursement Disbursement Amount Disbursement One $______________ Disbursement Two $______________ Disbursement Three $______________ Disbursement Four $______________ Retained Fee $10,000 Note: The Retained Fee of $10,000 will be retained from the final disbursement – the 2nd disbursement if it’s a 2 disbursement grant, the 3rd disbursement if it is a 3 disbursement grant and the 4th disbursement if it is a 4 disbursement grant and disbursed upon receipt of the Final Report satisfactory to LISC. Also Note: If any Disbursement is not fully expended during its six month disbursement period LISC, in its sole discretion, can hold back an equivalent amount to the unexpended funds from the Subsequent Disbursement. Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 8 of 20 Attachment B APPROVED GRANT BUDGET [Excel Spreadsheet of Final Approved Grant Budget to be attached here.] Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 9 of 20 Attachment C APPROVED WORK PLAN [Excel Spreadsheet of Final Approved Work Plan to be attached here.] Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 10 of 20 Attachment D DUE DILIGENCE CHECKLIST • Work Plan Excel Spreadsheet (previously approved by LISC) • Budget Excel spreadsheet (previously approved by LISC) • Municipal ordinance/resolution approving the grant, if available, or letter from municipal chief executive evidencing grant approval • Certificate of Insurance (ACORD 25) evidencing Grantee’s* Commercial General Liability Insurance in amounts not less than: o $1,000,000 per occurrence/ per location or per project aggregate (for more than one location) o $2,000,000 in the annual aggregate o $$2,000,000 products/completed operations aggregate 1. Naming ENTERPRISE COMMUNITY PARTNERS, INC. and LOCAL INITIATIVES SUPPORT CORPORATION as Additional Insureds; 2. Deductible should be no more than $5,000; 3. Must include list of exclusions 4. No warranties 5. Endorsements should include: a. Additional Insured including premises operations and Product/Completed Operations b. Waiver of Subrogation c. 30 day notice of cancellation • Certificate of Insurance (ACORD 25) evidencing Grantee’s* Worker’s Compensation Insurance ( in amounts consistent with New York State statutory requirements) and naming ENTERPRISE COMMUNITY PARTNERS, INC. and LOCAL INITIATIVES SUPPORT CORPORATION as Certificate Holders. Named Insured must be Grantee’s full legal name. • Certificate of Insurance (ACORD 25) evidencing Grantee’s* Auto Insurance, if applicable o In amount not less than $1,000,000, for all owned, non-owned and hired automobiles. If no owned autos, coverage may be extended from the CGL policy. o Waiver of Subrogation o 30 day notice of cancellation endorsement o Naming ENTERPRISE COMMUNITY PARTNERS, INC. and LOCAL INIATIATIVES SUPPORT CORPORATION as Additional Insureds with Primary Non-Contributory language. Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 11 of 20 *Grantees that are self-insured must provide evidence of such coverage and shall maintain coverage covering its operations and activities under the Grant in accordance with municipal standards. • REQUIREMENTS FOR ALL INSURANCE: o Carrier must be rated “A-“ or higher in the AM Best Guide with a Financial Size Category of at least VI, o Named Insured must be Grantee’s full legal name, o Policy must be current, not expired, and include all endorsements, o Certificate must be signed by an authorized representative of the insurance carrier, o Additional Insureds/Certificate holders/(as required above) must appear as: ENTERPRISE COMMUNITY PARTNERS, INC. 70 Corporate Center 11000 Broken Land Parkway, Suite 700 Columbia, MD 21044 LOCAL INITIATIVES SUPPORT CORPORATION 501 Seventh Avenue, 7th Floor New York, NY 10018 Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 12 of 20 Attachment E ACH AUTHORIZATION / WIRE TRANSFER INSTRUCTIONS LISC PA #48568-0001 This [ACH Authorization/Wire Transfer Instructions] Form is being furnished to Local Initiatives Support Corporation ("LISC") pursuant to the Grant Agreement (the "Grant Agreement"), entered into between the Town of Irondequoit ("Grantee"), and LISC, pursuant to which LISC has awarded to Grantee a grant (the "Grant"), $226,100 of which is to be disbursed to Grantee upon the satisfaction of certain conditions. All terms not otherwise defined here will have the meaning set forth in the Grant Agreement. ACH/WIRE INSTRUCTIONS Bank Name: ABA No.: Acct. No.: Acct. Name: Memo: These are _________________ [wire/ACH] instructions. TOWN OF IRONDEQUOIT Authorized Signature: Name: ______________________________ Title: ______________________________ Date: ______________________________ Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 13 of 20 Attachment F PA#: 48568-0001 DISBURSEMENT REQUEST FORM This Disbursement Request Form is being furnished to Local Initiatives Support Corporation ("LISC") pursuant to the Grant Agreement, dated July ___, 2019, (“Grant Agreement”) between the undersigned and LISC, pursuant to which LISC has awarded to Grantee a Grant, of which $226,100 is to be disbursed to Grantee upon the satisfaction of certain conditions. All terms not otherwise defined here will have the meaning set forth in the Grant Agreement. (1) Grantee hereby certifies that: (a) It requests a Disbursement of the Grant in the amount of $__________. For any Disbursement other than the first Disbursement, prior disbursements have been expended in accordance with the Grant Budget, as set forth in the attached Periodic Report. (b) It has satisfied all conditions to receiving such Disbursement. By signing this Disbursement Request Form, Grantee hereby acknowledges that if any proceeds of the requested Disbursement are used to pay for the acquisition, rehabilitation, improvement, or demolition of real property, Grantee will comply with the terms and conditions set forth under the Land Acquisition and Construction Rider attached to the Grant Agreement. TOWN OF IRONDEQUOIT By: ____________________ Name: Title: Date: Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 14 of 20 Attachment G PERIODIC REPORTING FORM [LISC will provide the Grant Budget Reporting Form and the Work Plan Reporting Form based on Grantee’s Approved Grant Budget and Approved Work Plan.] Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 15 of 20 Attachment H LAND ACQUISITION AND CONSTRUCTION RIDER A. The Grantee represents, warrants and covenants that any repair, stabilization or rehabilitation of real property performed with Grant proceeds shall be in compliance with all applicable laws, rules, restrictions, orders and regulations, including but not limited to, environmental laws and regulations and locally accepted construction practices. In addition, the Grantee will make its best effort to meet Enterprise Green Communities criteria: http://www.enterprisecommunity.org/solutions-and-innovation/green-communities/criteria B. The Grantee represents, warrants and covenants that, for one-to-four family properties, not adjacent to uses that may have an environmental impact, it will satisfactorily complete a National Environmental Policy Act (NEPA) review in accordance with HUD Environmental Standards, in particular a review of toxic or hazardous substances and radioactive materials in similar scope to HUD Notice 79-33, and a review of siting for HUD- Assisted Projects near Hazardous Operations, pursuant to 24 CFR 51 C, will be accepted in lieu of a Phase I Environmental Site Assessment. If a NEPA review cannot be performed, LISC may accept, at its discretion, a review performed by an environmental officer in the local jurisdiction referencing history or evidence of spills, evidence of tanks, vegetation damage, flood plain, noise abatement/control issues in the area, presence of lead and asbestos, and other environmental risk factors. The officer must state that there is no evidence of hazardous materials, contamination, chemicals, gases, or other environmental risk factors. Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 16 of 20 Attachment I GRANT TERMS AND CONDITIONS, REPRESENTATIONS AND INDEMNIFICATION 1. Funds Not Disbursed by the Grant Expiration Date: All requests for reimbursement of expended funds pursuant to the Grant Agreement (in furtherance of the Purpose(s) of the Grant) must be received by LISC no later than 60 days after the Grant Expiration Date. Any Grant funds not expended by the Grantee by the Grant Expiration Date shall be automatically reprogrammed by LISC, and shall no longer be available for disbursement to the Grantee; provided, however, that if the Grant Expiration Date is extended, then the funds shall remain available for disbursement until the new Grant Expiration Date. 2. Funds Not Disbursed in a Timely Way: Any funds not drawn down in a timely fashion during the term of the Grant may be deobligated by LISC in its sole discretion after notice to the Grantee. Such deobligation shall be effective as to any Grant proceeds not expended by the Grantee prior to the date of receipt of such notice. 3. No Disbursement if Non-Compliance. LISC shall not make any disbursement of the Grant unless on the proposed date of disbursement the Grantee is in full compliance with all of the terms set forth in the Grant Agreement and all attachments thereto, including but not limited to all reporting requirements. In addition, LISC shall not make any disbursement of the Grant if it will (i) violate any provision of law, regulation or administrative ruling to which LISC is subject, (ii) subject LISC to any tax, penalty, or fine, or (iii) not further the charitable purposes of LISC. 4. No Disbursement if Material Adverse Change Has Occurred: LISC shall not make any disbursement of the Grant if, at the time of the proposed disbursement, there has been a material adverse change in the financial or other condition of the Grantee, including, but not limited to, any adverse change in the Grantee’s key personnel carrying out the Work Plan (with LISC determining, in its reasonable discretion, what constitutes a material adverse change in key personnel). 5. Restrictions on Use of the Grant: Under Sections 501 and 4945 of the Internal Revenue Code (the "Code"), the Grant may not be used to carry on propaganda, to attempt to influence legislation, or to participate in, intervene in, or attempt to influence the outcome of, political campaigns or elections. Additionally, under the applicable provisions of the Code, LISC funds may only be used in furtherance of LISC's charitable purposes. By countersigning this Agreement and returning it to LISC, the Grantee agrees to (i) not use the Grant for purposes prohibited by the preceding two sentences, (ii) use the Grant in furtherance of the Grantee’s charitable purposes (as set forth in its Articles of Incorporation and Application For Recognition of Exemption to the IRS), and (iii) promptly reimburse LISC any Grant amounts not used to further charitable purposes. Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 17 of 20 6. Compliance with Laws.: Grantee shall not discriminate in its activities and operations in connection with the Grant Agreement on the basis of age, race, creed, ethnicity, color, religion, sex, sexual orientation, national origin, disability, marital status or any other basis that is prohibited by the United States federal, state, or local law or regulation. Grantee expressly agrees not to use Grant Proceeds for any purpose or in any manner that could be deemed to violate the Fair Housing Act, 42 U.S.C. § 3601 et seq., or the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq., or any regulation promulgated thereto. Grantee shall require any third party it hires with Grant Proceeds to comply with the obligations set forth in this section, including by providing their express agreement not to use Grant Proceeds for any purpose or in any manner that could be deemed to violate the Fair Housing Act, 42 U.S.C. § 3601 et seq., or the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq., or any regulation promulgated thereto. 7. Municipality: The Grantee is a municipality in good standing in the State of New York. 8. Publicity: The Grantee agrees that LISC may include information regarding the Grant and Work Plan in its periodic public reports. The Grantee shall also make best efforts to provide LISC with reasonable advance notice of any groundbreaking or ribbon-cutting events for the Project and provide for an appropriate role for LISC at any such event. With LISC’s advance consent, the Grantee shall refer to LISC in any press releases, or during any press conferences or other events announcing the work performed with Grant proceeds. A copy of all issued press releases shall be promptly sent to such contact person. In addition, the Grantee agrees to acknowledge receipt of this grant from LISC in relevant and appropriate publications. 9. Assignment or Delegation and Subcontracting: The Grant Agreement and the rights and duties under the Grant Agreement must not be assigned, delegated or subcontracted by the Grantee without the prior written consent of LISC, and any purported assignment, delegation or subcontracting of the Grant Agreement without said consent of LISC shall be void. In addition, LISC reserves the right to approve any professionals or consultants hired with funds under this Grant. Notwithstanding the above requirements, all specifically referenced sub-grantees, professionals and consultants included in the approved Work Plan or Approved Grant Budget are deemed approved by LISC. 10. No Third Party Rights. Nothing in the Grant Agreement or attachments thereto shall create an independent right of action by Grantee against Enterprise Community Partners, Inc., which provided LISC with the funds to make this Grant (“Enterprise”), nor provide Grantee or any third party it hires using Grant proceeds third party beneficiary status with respect to Enterprise. Furthermore, nothing in the Grant Agreement or any attachment thereto shall create an independent right of action by Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 18 of 20 the Grantee against any contractor of Enterprise or LISC. The parties acknowledge that no contractual relationship shall be deemed to exist between the Grantee or any third-parties Grantee hires using Grant proceeds, and Enterprise or LISC. 11. Supporting Documentation. If Grantee uses third parties to carry out any of the activities using Grant Proceeds, it shall not make any disbursements of Grant Proceeds to such third parties for work performed by such parties without a duly executed contract, invoices, receipts or other appropriate supporting documentation evidencing such party’s work and services (“Supporting Documentation”), provided, however, that if a disbursement is for work yet to be performed, a detailed budget for such work and such documents as may be available at the time the disbursement is requested shall satisfy this requirement, provided that the signed documents and other supporting documents shall be provided once the funds are spent by such third parties, as part of Grantees normal reporting.. 12. Representations and Warranties. Grantee represents and warrants that: a. It is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization or incorporation; b. It has full power, authority and legal right to execute and deliver this Grant Agreement and to perform its obligations hereunder; c. The making and performance by it of this Grant Agreement has been duly authorized by all necessary action and will not violate any provisions of applicable law or regulation, any provision of its charter or by-laws (or comparable, constituent documents) or any order of any court or regulatory body and will not result in the breach of, or constitute a default or require any consent under, any agreement, instrument or document to which it is a party or by which it or any of its property may be bound or affected; d. All authorizations, consents, approvals and licenses of, and filings and registrations with, any governmental authority required under applicable law or regulations for it to make and perform this Grant Agreement have been obtained and are in full force and effect; and e. This Grant Agreement constitutes a legal, valid and binding obligation, enforceable against it in accordance with its terms. f. Grantee hereby agrees that it will not use any Grant proceeds for property acquisition, renovation, rehabilitation or demolition activities unless such Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 19 of 20 activities have been specifically included in the Approved Work Plan and Approved Grant Agreement and it has agreed to the terms of the Land Acquisition and Construction Rider. The foregoing representations and warranties shall remain in full force as of the date hereinabove and on each date that a disbursement of Grant funds is made to Grantee or its designee pursuant to this Grant Agreement. 13. Change in Circumstances / Material Events: A. If any specific event or conjunction of circumstances threatens the successful completion of the Approved Work Plan, in whole or in substantial part, including where relevant, timely completion of the activities/deliverables (as described in the Approved Grant Budget, the “Deliverables”) or other requirements, the Grantee agrees to submit to LISC within ten (10) calendar days of becoming aware of the occurrence or of such problem, a written description thereof together with a recommended solution thereto. B. The Grantee shall immediately notify Grantor in writing after Grantee learns of any material event directly related to the Program that involves the staff, volunteers, directors or officers of the Grantee or third party funded with Grant Proceeds, including: death or serious injury; an arrest or possible criminal activity or any other circumstances directly related to the activity funded with Subgrant or Subcontract proceeds that could impact the successful completion of the project. The Grantee shall, in addition, promptly report to LISC the initiation of any investigation or audit by a governmental entity with enforcement authority with respect to any alleged violation of Federal or state law by the Grantee, its employees, its officers and/or directors in connection with matters involving, relating to or arising out of the Grant. Such report shall be made within ten (10) business days following the Grantee becoming aware of such events, investigation, or audit. 14. Indemnification The Grantee, intending to be legally bound, hereby expressly agrees and covenants to hold harmless and indemnify LISC and Enterprise their directors, officers, agents and employees from and against any and all third party costs, losses, actions, liability, demands, claims, damages and expenses of any nature or any kind (including, but not limited to, indebtedness, penalties, fines, LISC’s and Enterprise’s costs and reasonable legal fees) incurred in connection with this Grant (“Indemnified Losses”) or that arise out of any act or omission of the Grantee, or third parties hired with Grant proceeds, or of any of their respective employees or agents except to the extent any such costs, liability, demands, claims, damages or expenses result from Grantor’s material misrepresentation, gross negligence or willful misconduct. The Grantee shall be solely responsible and answerable in damages for any and all accidents or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Grantee, any third party hired with Grant proceeds, Grant Agreement with Town of Irondequoit; LISC Program Action Number 48568-0001 Page 20 of 20 pursuant to this Grant Agreement. Grantee’s obligations under this section shall survive termination of the Grant Agreement. The Grantee is an independent contractor and may neither hold itself out nor claim to be an officer, employee or agent of LISC or Enterprise, nor make any claim, demand or application to or for any right based upon any different status. 15. Release Neither LISC nor Enterprise, nor any of their affiliates, officers, directors, employees, consultants or advisors (the “Enterprise and LISC Parties”) shall be liable to Grantee, third parties hired with Grant proceeds, their respective officers, directors, employees, contractors, consultants, tenants or advisors (the “Grantee Parties”) for any liability of any kind (including, without limitation, any liability under tort, negligence, strict liability, or other legal or equitable theory, for loss of profits, indirect, exemplary, special, incidental, or consequential damages, punitive losses, lost revenues, or cost of procurement of substitute programs or services) relating to or arising out of this Agreement, nor shall Enterprise and LISC Parties be required to indemnify or insure the Grantee Parties against any such liability. Grantee is solely responsible for its costs, day-to-day operations, including, but not limited to, the means, methods and schedules by which it carries out the Program, it being understood that Grantee’s expertise with respect to the Program is a key factor by which Grantee was awarded the Grant. Notwithstanding the foregoing, in the event Enterprise or LISC misappropriate Grant proceeds hereunder or commit fraud with respect to the handling of Grant funds in its custody, Enterprise’s and LISC’s monetary liability to Grantee hereunder shall be limited to the amount that is determined to have been so misappropriated, subject to the prior rights of Enterprise’s grantor. Resolution No. 2020 - ______________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING ADJUSTMENT OF THE MILEAGE REIMBURSEMENT RATE FOR 2020 TO $. 575 CONSISTENT WITH THE RATE ALLOWED BY THE U. S. INTERNAL REVENUE SERVICE At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020, at 7:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member______________________offered the following resolution and moved its adoption: WHEREAS, it is the policy of the Town of Irondequoit to reimburse employees for use of personal motor vehicles for Town business at the same rate per mile as allowed by the U. S. Internal Revenue Service (IRS); and WHEREAS, the IRS changed the rate per mile to $.575 effective January 1, 2020. NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes a mileage reimbursement rate of $.575 per mile for any mileage recorded on a personal motor vehicle used for Town business on or after January 1, 2020. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting ________ Town Board Member Romeo voting _______ Town Supervisor Seeley voting _______ IRS issues standard mileage rates for 2020 IR-2019-215, December 31, 2019 WASHINGTON — The Internal Revenue Service today issued the 2020 optional standard mileage rates (PDF) used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning on January 1, 2020, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: • 57.5 cents per mile driven for business use, down one half of a cent from the rate for 2019, • 17 cents per mile driven for medical or moving purposes, down three cents from the rate for 2019, and • 14 cents per mile driven in service of charitable organizations. The business mileage rate decreased one half of a cent for business travel driven and three cents for medical and certain moving expense from the rates for 2019. The charitable rate is set by statute and remains unchanged. It is important to note that under the Tax Cuts and Jobs Act, taxpayers cannot claim a miscellaneous itemized deduction for unreimbursed employee travel expenses. Taxpay ers also cannot claim a deduction for moving expenses, except members of the Armed Forces on active duty moving under orders to a permanent change of station. For more details, see Rev. Proc. 2019-46 (PDF). The standard mileage rate for business use is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs. Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates. A taxpayer may not use the business standard mileage rate for a vehicle after using any depreciation method under the Modified Accelerated Cost Recovery System (MACRS) or after claiming a Section 179 deduction for that vehicle. In addition, the business standard mileage rate cannot be used for more than five vehicles used simultaneously. These and other limitations are described in section 4.05 of Rev. Proc. 2019-46 (PDF). Notice 2020-05 (PDF), posted today on IRS.gov, contains the standard mileage rates, the amount a taxpayer must use in calculating reductions to basis for depreciation taken under the business standard mileage rate, and the maximum standard automobile cost that a taxpayer may use in computing the allowance under a fixed and variable rate plan. In addition, for employer-provided vehicles, the Notice provides the maximum fair market value of automobiles first made available to employees for personal use in calendar year 2020 for which employers may use the fleet-average valuation rule in § 1.61-21(d)(5)(v) or the vehicle cents-per-mile valuation rule in § 1.61-21(e). Page Last Reviewed or Updated: 31-Dec-2019 Resolution No. 2020 - EXTRACT OF M INUTES OF MEETING OF TOWN BOARD IN THE MATTER OF SCHEDULING A PUBLIC HEARING TO PROVIDE OPPORTUNITY FOR PUBLIC COMMENT ON IRONDEQUOIT’S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January, 2020 at 7:00 P.M. local time there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney to the Town Town Board Member ___________________ offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit is a Community Development Block Grant (CDBG) entitlement community and, as such, receives an annual block grant from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the Town’s CDBG Citizen Participation Plan requires the Town Board to hold a public hearing annually to offer opportunities for the public to comment on the Town’s CDBG program, including performance of contractors and sub-recipients, and to suggest needs or activities to be considered for funding in future program years; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board schedules a public hearing at the regular meeting of February 25, 2020 at 7:35 pm to provide for public comment on the Town’s Irondequoit Community Development Block Grant (CDBG) Program. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member ___________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting_________________ Town Board Member Perticone voting_________________ Town Board Member Freeman voting_________________ Town Board Member Romeo voting_________________ Town Supervisor Seeley voting_________________ Resolution No. 2020- __________ EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION APPROVING THE PROMOTION TO A MOTOR EQUIPMENT OPERATOR IN THE DEPARTMENT OF PUBLIC WORKS FOR THE TOWN OF IRONDEQUOIT At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020 at 7:00 P.M. local time: there were PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, due to a vacancy, there is an opening for a Motor Equipment Operator in the Department of Public Works; and WHEREAS, the position was posted per Civil Service requirements; and WHEREAS, the Commissioner of Public Works has interviewed all qualified candidates that applied for the position and recommends the promotion of Nicholas Dietz to the position of Motor Equipment Operator. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the promotion of Nicholas Dietz to the position of Motor Equipment Operator at an hourly rate of $26.11 to be paid from the following budget codes 031.8121.0100.1100- 20%, 021.5110.0100.1100- 50%, 024.5142.0100.1100- 10% and 031.8120.0100.1100- 20%. This resolution shall take effect upon approval. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Seeley voting _______ Resolution No. 2020- __________ EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION APPROVING THE PROMOTION TO A MOTOR EQUIPMENT OPERATOR IN THE DEPARTMENT OF PUBLIC WORKS FOR THE TOWN OF IRONDEQUOIT At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020 at 7:00 P.M. local time: there were PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, due to a vacancy, there is an opening for a Motor Equipment Operator in the Department of Public Works; and WHEREAS, the Commissioner of Public Works has interviewed all qualified candidates that applied for the position and has chosen to promote Robert J. Pfluke as a Motor Equipment Operator; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the promotion of Robert J. Pfluke to a Motor Equipment Operator at an hourly rate of $26.11 to be paid from the following budget codes 024.5142.0100.1100-10%,031.8120.0100.1100- 30%, 031.8121.0100.1100- 40% and 038.8140.0100.1100- 20%. This resolution shall take effect upon approval. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Seeley voting _______ Resolution No. 2020 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) FORD UTILITY POLICE INTERCEPTOR ALL WHEEL DRIVE VEHICLE At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020, at 7:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patricia Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member______________________offered the following resolution and moved its adoption: WHEREAS, it is necessary for the Police Department to purchase one (1) new 2020 Ford Utility Police Interceptor All Wheel Drive Vehicle; and WHEREAS, the Town is authorized to make purchases through the County of Monroe at the same prices and under the same terms and conditions as the County pursuant to Irondequoit Town Code 51-5(B)(4) and New York State General Municipal Law §103(3); and WHEREAS, the Town Board by Resolution 2019-297 previously authorized the purchase of the vehicle and the transfer of funds therefor, but the purchase was not consummated because the contract therefor had expired; and WHEREAS, Van Bortel Ford, 71 Marsh Road, East Rochester, New York, has been awarded Onondaga County Bid # 8771 2020; and WHEREAS, the lowest responsible bid is $36,203.51 by Van Bortel Ford, 71 Marsh Road, East Rochester, New York; and WHEREAS, the estimated cost to purchase one (1) new 2020 Ford Utility Police Interceptor All Wheel Drive Vehicle is $36,203.51. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the purchase of one (1) new 2020 Ford Utility Police Interceptor All Wheel Drive Vehicle from Van Bortel Ford, 71 Marsh Road, East Rochester, New York in the amount of $36,203.51. AND BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute any and all documents related to this purchase. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting_________________ Town Board Member Perticone voting_________________ Town Board Member Romeo voting_________________ Town Board Member Freeman voting_________________ Town Supervisor Seeley voting_________________ f ilt}13.11 VaitUui iiuthu/ v rr_7rlin.prlp Monday December 30th, 2019 2:31 PM 71 Marsh Rd East Rochester, NY 14445 585-586-7705 Fax 585-586-7706 Vehicle Purchase Proposal Attention: Mark Neumann Town of Irondequoit 1280 Titus Ave Rochester NY14617 Phone: 585-336-6090 Fax: 585-467-1597 Mobile: 585-301-7094Emall: mneumann@irondequoit.org Purchase Order#: Quote# 30253 Onondaga Bid 8771 2020 Item Description Code gty, `Your Price 1 MSRP 1 2020 Ford Utility Police Interceptor AWD K8A 1 $ 31,450.27 $ 38,080.00 Agate Black UM 1 $ 0.00 $ 0.00 3,3L V6 DI Engine (Std Engine with 8771 Bid) 99B 1 $ 0.00 $ 0.00 10 -speed Automatic Transmission 44U 1 $ 0,00 $ 0.00 License Plate Bracket - Front 153 1 $ 0.00 $ 0.00 Dome Lamp - RedMfiite In Cargo Area 17T 1 $ 46.00 $ 50.00 Global Lock / Unlock feature 18D 1 $ 0.00 $ 0.00 100 Watt Siren/Speaker (includes bracket and pigtail) 18X 1 $ 289.80 $ 315.00 Front Warning Auxiliary Light (Fog Light R/B) _ 21L 1 $ 506.00 $ 550.00 Dark Gar Feature - Courtesy lamp disable when any door Is opened 43D 1 $ 23.00 $ 25,00 Police Engine Idle Feature This feature allows you to leave the engine running and prevents your vehicle from unauthorized use when outside of your vehicle. Allows the key to be removed from ignition while vehicle remains idling 47A 1 $ 239,20 $ 260.00 Spot Lamp - LED Bulb, Driver Only (Unity) 61R 1 $ 363.40 $' 395.00 Hidden Door -Lock Plunger w/Rear-door controls inoperable 52P 1 $ 147,20 $ 160.00 Mirrors - Heated Sideview 549 1 $ 55.20 $ 60.00 Keyed Alike --1111x 59J 1 $ 46.00 $ 50.00 Pre -Wiring for grille LED lights, siren and speaker Included w/ 67U 60A 1 $ 0.00 $ 0.00 Noise Suppression Bonds (Ground Straps) 60R 1 $ 92.00 $ 100.00 Front Headlamp Lighting Solution 66A 1 $ 823.40 $ 895.00 Tail Lamp Lighting Solution 66B 1 $ 395,60 $ 430.00 Rear Lighting Solution 66C 1 $ 418.60 $ 455.00 Ultimate Wiring Package 67U 1 $ 515.20' $ 560.00 Rear -Door Handles Controls Inoperable / Locks inoperable (locks, handles and windows) 68G 1 $ 0.00 $ 0.00 Deflector Plate 76D 1 $ 308.20 $ 335.00 Rear Console Plate Included wl 67U 85R 1 $ 0.00 $ 0.00 Tail Lamp / Police Interceptor Housing Only Included w/ 668 86T 1 $ 0.00 $ 0.00 Rear View Camera (mirror display) 87R 1 $ 0.00 $ 0.00 PI UTILITY FRT AUX R/R ZEJ 1 $ 160.08 $ 174.00 PI UTILITY FRONT MARKER R/R ZEP 1 $ 214.36 $ 233.00 M Delivery to Region 1 Reg 1 1 $ 110.00 $ 110.00 Term Is Net 15 Days A.R,V. Delivery from factory to dealer is estimated at 16-20 weeks. This Quote Expires In 60 Days or final Order date, whichever comes first. Total Price: $ �w 36 203.51 Quantity on this Order: 1 Grand Total: $ 36,203.51 To place an order please sign and date this proposal and return it to Van Bortel Ford along with a valid Purchase Order, Voucher, or Letter of Intent. Thank You! Accepted By: Title Date of 2 12/30/2019, 2:31 PM ....1.4...r. rua..ivx•«.n..vs.««...,. ..va4. v. • f i J. 314.•`4141, Van Bortel Ford Inc (WBE) Federal ID 16-1609363 Salesperson: George Lunney Quote: 30253 of 2 1213012019, 2:31 PM Mary Heckman From: Alan Laird Sent: Monday, December 30, 2019 4:00 PM To: Diana Marsh; Mary Heckman Subject: FW: Revised from old bid Attachments: Town of Irondequoit 30253.pdt From Mark Neumann with Onondaga information Captain Alan Laird Irondequoit Police Department 1300 Titus Ave Rochester NY 14617 Phone: (585) 336-6000 ext 2211 E -Mail: alaird@irondequoit.org This email communication, and any attachments, may contain confidential and legally privileged information for the exclusive use of the designated recipients named above. Arty unauthorized review, use, storage, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. From: Mark Neumann <mneumann@irondequoit.org> Sent: Monday, December 30, 2019 2:41 PM To: Alan Laird <alaird@irondequoit.org> Subject: FW: Revised from old bid Sent from my Verizon, Samsung Galaxy smartphone Original message From: George Lunney <glunney c@vanbortelford.com> Date: 12/30/19 2:34 PM (GMT -05:00) To: Mark Neumann <mneumann@irondequoit.org> Subject: Revised from old bid Hi Mark, Here you go, let me know if you have any questions. Have a Happy New Yearl George W. Lunney Ford Gov't Sales 1 Resolution No. 2020-____ EXTRACT OF MINUTES OF MEETING OF TOWN BOARD AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE NEW YORK STATE POLICE FORENSIC INVESTIGATION CENTER AND THE IRONDEQUOIT POLICE DEPARTMENT FOR SUBMISSION OF EVIDENCE TO THE NEW YORK STATE POLICE CRIME LABORATORY At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020 at 7:00 P.M. local time; there were PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _______________ offered the following resolution and moved its adoption: WHEREAS, the Irondequoit Police Department submits evidence to the New York State Police Crime Laboratory (NYSPCL) for analysis; and WHEREAS, under the NYSPCL’s former accreditation program, certain information related to the analysis of a test item was not required to be documented in the associated laboratory report as long as the information was recorded elsewhere in the technical record. This exemption is no longer allowed under NYSPCL’s current accreditation program without a written agreement with the Irondequoit Police Department; and WHEREAS, the Irondequoit Police Department agrees to accept NYSPCL reports issued by the NYSPCL in a format prescribed by the laboratory’s standard procedures and all NYSPCL reports will contain all information necessary for the correct interpretation of the test results. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Chief of Police to enter into an Agreement with the New York State Police Crime Laboratory to continue to process evidence submitted for analysis in accordance with NYSPCL accreditation standards. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member _____________and duly put to vote, which resulted as follows: Town Board Member Wehner voting ______ Town Board Member Perticone voting ______ Town Board Member Romeo voting ______ Town Board Member Freeman voting ______ Town Supervisor Seeley voting ______ Mary Heckman From: troopers.sm.q.assure <ga©troopers.ny.gov> Sent: Tuesday, December 17, 2019 2:24 PM To: Richard Tantalo Cc: Mary Heckman Subject: IMPORTANT - need new customer agmt for evidence submission to NYS Police Crime Lab Attachments: New Customer Agreement.pdf Importance: High New Lab Accreditation Requirements Need Your Imtnediate Attention. We will be unable to process any evidence until the attached agreement is completed and returned. This e-mail is to inform you of a change in the customer agreement that goes along with evidence submissions to the NYS Police Crime Laboratory system. Under the lab's former accreditation program, certain information related to the analysis of a test item was not required to be documented in the associated laboratory report as long as the information was recorded elsewhere in the technical record. This exemption is no longer allowed under our current accreditation program without a written agreement with your agency. The attached form must be completed as soon as possible by a person who has the authority to complete such an agreement for your agency. Once completed, simply click on the submit button to return the completed form. Additionally, the Lab -2 Crime Laboratory Submission Forth has been revised to include the new agreement. Please discard any saved versions of the obsolete form and begin using the LAB -2 with the revision date of 10119, available on the E -Justice portal. Please call the FIC Case Management Senior Investigator at (518) 457-0949 if you have any questions or need further assistance. You may need to open the attachment on a desktop computer in order to use the link. If you prefer, you may fill out the form and mail it to the lab at: Quality Assurance, NYS Police Forensic Investigation Center, 1220 Washington Ave, Building 30, Albany, NY 12226. New York State Police Forensic Investigation Center 1220 Washington Avenue, Building 30 Albany, New York 12226 CONFIDENTIALITY NOTICE: This e-mail, including any attachments, may contain highly sensitive and confidential information. It is intended only for the individual(s) named. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system. f_iYO nNEW K STATE State Police Forensic Investigation Center ANDREW M. CUOMO Governor KEITH M. CORLETT Superintendent DR. RAY A. WICKENHEISER Director To all NYS law enforcement agencies submitting evidence to the NYSP Crime Laboratory: Under the Laboratory's former accreditation program, certain information related to the analysis of a test item was not required to be documented in the associated laboratory report as long as the information was recorded elsewhere in the technical record. This exemption is no longer allowed under our current accreditation program without a written agreement with your agency. Please visit https://www.troopers,ny.gov/Crime Laboratory System/Laboratory Test Report Inforration/index.php for identification of the reporting information required by ISO/IEC 17025:2017 that might not appear in a laboratory report, but can otherwise be found in the associated technical record. By completing and returning this form, the submitting agency agrees to accept laboratory reports issued by the New York State Police Crime Laboratory in a format prescribed by the laboratory's standard procedures. All New York State Police Crime Laboratory reports will contain all information necessary for the correct interpretation of the test results. However, due to current limitations in the laboratory's information management system, some reports will not include the dates of testing or the identification of the test method(s) used. This agreement will remain in effect unless written notice of cancelation is provided to this laboratory. 1 agree to the above conditions Agency: Agency Address: Telephone: E-mail: Name of Agency Head Completing Form: Rank or Title: Date: AGREEMENT SUBMIT Building 30,1220 Washington Avenue, Albany, NY 12226 - 30oo I (518) 457-1208 I www.troopers.ny.gov Resolution No. 2020-____________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION TO ENTER INTO INTERMUNICIPAL AGREEMENTS AND FUNDING FOR THE DWI PROGRAMS At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020 at 7:00 P.M. local time; there were PRESENT David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter, Secrest & Emery, LLP Attorney for the Town Town Board Member ________________________ offered the following resolution and moved its adoption: WHEREAS, the Town desires to enter into intermunicipal agreements with the County of Monroe for receipt and use of New York State funding for DWI programs. WHEREAS, the term of the 2020 STOP DWI Program agreement shall be from January 1, 2020 through December 31, 2020; and WHEREAS, the term of the STOP DWI Foundation Crackdown Grant Program agreement shall be from October 1, 2019 through September 30, 2020. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves and ratifies the intermunicipal agreements with the County of Monroe for receipt and use of New York State funding for the 2020 STOP DWI Program in the amount of $16,944.98 and for the 2019-20 STOP DWI Foundation Crackdown Grant Program in the amount of $4,625.00; AND, THEREFORE, BE IT FURTHER RESOLVED, that the Supervisor is hereby authorized to execute any and all documents necessary to enter into such agreements in such form as approved by the Attorney for the Town. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting ___________________ Town Board Member Perticone voting ___________________ Town Board Member Romeo voting ___________________ Town Board Member Freeman voting ___________________ Town Supervisor Seeley voting ___________________ Resolution No. 2020-____________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE IRONDEQUOIT POLICE DEPARTMENT AND MATTHEW DOWARD At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020 at 7:00 P.M. local time; there were PRESENT David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter, Secrest & Emery, LLP Attorney for the Town Town Board Member ________________________ offered the following resolution and moved its adoption: WHEREAS, the Irondequoit Police Department desires to enter into a Memorandum of Understanding with Matthew Doward, who owns “A Horse’s Friend,” for the use of his horse during special events or training opportunities, not to exceed ten (10) events per calendar year; and WHEREAS, a copy of the Memorandum of Understanding is attached hereto and made a part hereof (the “MOU”); and WHEREAS, funding for the above-referenced expenses is available in the Police Budget 001-3120- 4120. NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes the Chief of Police to enter into the MOU in the form attached hereto and made a part hereof. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting ___________________ Town Board Member Perticone voting ___________________ Town Board Member Romeo voting ___________________ Town Board Member Freeman voting ___________________ Town Supervisor Seeley voting ___________________ IRONDEQUOIT POLICE DEPARTMENT MEMORANDUM OF UNDERSTANDING Purpose: The purpose of this Memorandum of Understanding (MOU) is to outline an agreement between the Irondequoit Police Department and Matthew Doward who owns "A Horse's Friend". Use of Matthew Dowards Horse: 1, The Irondequoit Police Department will pay Matthew Doward $60.00 dollars per hour, which will stark at the time of pickup and end at return, for the use of his horse during special events or training opportunities. These special events will not exceed 10 events per calendar year. 2. The Irondequoit Police Department will attend training opportunities and work with the Rochester Mounted Unit and MCSO Mounted Unit. The training opportunities will not exceed 6 training days per calendar year, Matthew Doward will be paid the same amount mentioned above. 3. The Irondequoit Police Department will be responsible for any medical bills or injuries that could be sustained while riding the horse during the event or training if the Irondequoit Police Department was found the be negligent. 4. Matthew Doward will be responsible for the trailering of the horse to and from the event or training. 5. Only a certified Mounted Unit Irondequoit Officer will be authorized to ride the horse during any event or training. 6. Matthew Doward will provide the necessary tack or equipment for the horse that the Irondequoit Police Department does not have accessible to them. 7. This agreement can be terminated at any time by either Matthew Doward or the irondequoit Police Department if the terms and conditions defined above are not met or if either party is not satisfied with this agreement. 8. Matthew Doward understands the liability risks involved with an Irondequoit Police Officer riding a horse during events and any type of unforeseen incident that could take place where someone may get injured. 9. Fuel expenses for transport of the horse will be reimbursed to Matthew Doward For Matthew Doward: Matthew Doward Date For the Irondequoit Police Department: Chief Richard V. Tantalo Date Resolution No. 2020- _______ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD AUTHORIZING THE CALLING OF A PUBLIC HEARING In the MATTER OF CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION 39 Collamer Drive TAX ACCOUNT NO. 076.07-1-5 At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020, at 7:00 p.m. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ________ offered the following resolution and moved its adoption: WHEREAS, a written application request dated December 27, 2019, has been presented to and filed with the Town Board of the Town of Irondequoit, wherein an extension is proposed to the Consolidated Sanitary Sewer District to include 39 Collamer Drive described in “Schedule A”; and WHEREAS, all applicable taxes shall be assigned, levied and collected from the applicant for operation and maintenance of said sanitary sewer district extension; and WHEREAS, the Town Board found, ordered and determined that the said request dated December 27, 2019, for the extension to the Consolidated Sanitary Sewer District to include 39 Collamer Drive is sufficient for the calling of a public hearing; and WHEREAS, the Town Board has heretofore adopted an order relating to the filing of said request and other matters, and the specified time when and place where said Board would meet to consider that said request and to hear all persons interested in the subject hereof. NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a public hearing for the extension of the Consolidated Sanitary Sewer District to include 39 Collamer Drive for February 25th at 7:36pm. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member ___________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting_________________ Town Board Member Perticone voting_________________ Town Board Member Romeo voting_________________ Town Board Member Freeman voting_________________ Town Supervisor Seeley voting_________________ Resolution No. 2020- EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A TEMPORARY OUT-OF-DISTRICT USER AGREEMENT At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January, 2020 at 7:00pm local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit desires to enter into a temporary out-of-district user agreement with respect to 39 Collamer Drive (the “Property”); and WHEREAS, such an agreement is necessary because the Property’s septic system has failed and the Property is located outside of the boundaries of the Town’s Consolidated Sanitary Sewer District; and WHEREAS, the Property’s owners will be required to pay the cost of such construction and associated fees and sewer charges and to apply to the Town for an extension of the Consolidated Sanitary Sewer District to include 39 Collamer Drive; and WHEREAS, the Town and the Property’s owners agree as set forth in the Temporary Out-of-District User Agreement (annexed hereto as Exhibit A); and WHEREAS, the proposed Out-of-District User Agreement is a Type II Action pursuant to NYCRR §617.5(c)(13) (extension of utility distribution facilities, including gas, electric, telephone, cable, water and sewer connections to render service in approved subdivisions or in connection with any action on this list) and no SEQRA review is required; NOW THEREFORE BE IT RESOLVED, that the Town Board hereby approves the Temporary Out-of-District User Agreement. AND BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute any and all documents related to this action. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member ____________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Seeley voting _______ Resolution No. 2020-_____________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE AN AGREEMENT FOR MONROE COUNTY ALL SEASONS WORK IN MONROE COUNTY RIGHTS OF WAY At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020, at 7:00 P.M. local time; there were: PRESENT: Dave Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ___________ offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit has previously entered into a term agreement with Monroe County for All Seasons Work within Monroe County Rights of Way in 20 17 for a term of ten (10) years per Resolution Number 2017-032; and WHEREAS, attached appendices B & C shall apply to the agreement from January 1, 2020 through December 31, 2020. NOW THEREFORE BE IT RESOLVED, that the Town Board approves appendices B & C for the period of January 1, 2020 through December 31, 2020 and authorizes the Supervisor to execute any and all documents necessary to effectuate this approval. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member _____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Seeley voting _______ APPENDIX B FRINGE RATES TO BE PAID PER LABOR HOUR FOR 2020 (Irondequoit) ALL HOURLY WORK Full Time/Regular Hours 59.49% Full Time/Overtime Hours 30.12% Part Time/Regular Hours 16.09% Part Time/Overtime Hours _ 16.09% APPENDIX C MAR SERVICES Roadside Mowing $106.56 / mile mowed each pass Dead Animal Pickup $28.75 / center line mile Roadside Pickup N/A Resolution No. 2020_______ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION REGARDING SANITARY SEWER EASEMENT ENCROACHMENT AGREEMENT AT 90 Peaceful Trail At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January, 2020 at 7:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Nicole Hushla Re Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _______________offered the following resolution and moved its adoption: WHEREAS, pursuant to a sanitary sewer easement between Northside Construction Co., Inc. and the Town of Irondequoit (“Grantor”) dated January 1, 1960 recorded in Liber 8921 Page 80 in the Office of the Monroe County Clerk (the “Sanitary Sewer Easement”), the Town holds a sanitary sewer easement on a portion of those lands held in fee ownership by Grantee located at 90 Peaceful Trail; (tax account # 092.12-4-17), (the “Easement Premises”); and WHEREAS, Grantee desires to construct a subsurface electrical conduit as shown on the map is Schedule “A” annexed hereto and made a part hereof (the “Encroachment”); and WHEREAS, the Town of Irondequoit desires to grant the Encroachment to allow the subsurface electrical conduit to be installed within the sanitary sewer easement; and WHEREAS, the proposed subsurface electrical conduit is a Type II Action pursuant to NYCRR §617.5(c)(13) (extension of utility distribution facilities, including gas, electric, telephone, cable, water and sewer connections to render service in approved subdivisions or in connection with any action on this list) and no SEQRA review is required. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves and accepts the Sanitary Sewer Easement Encroachment Agreement between the Town of Irondequoit and Amy Ives and John Roberts. AND, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute any and all documents related to this agreement. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member _________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Seeley voting _______ Schedule “A” 1 ._...._..,.__..90 PEACEFUL CENTERLINE 03' L S60°51'50"E TRAIL 97.77' a R.. CONCRETE DRIVEWAY 56.21' TO P.C. REFERENCES: 30.0' WIDE ACCESS & irnUiY EASEMENT TO TOWN OF IRONDEQUOIT FOR SAN. B STORM SEWERS AND M.C.W.A. FOR WATER MAIN FRAME 2 STORY ST. NO. 90 1 32.7 `82 x` —x f I DECK L---� e 934:7-6 - t GATE 97.77' S60°51'50"E 9z LIBER 260 OF MAPS, PAGE 40 LIBER 8921 OF DEEDS, PAGE 80 w E0 WARREN R. McGRAIL, CERTIFY b N HAT THIS MAP WAS MADE FROM Z NOTES OF AN INSTRUMENT SURVEY ' COMPLETED APRIL 28, 2017. 02 02 Q BY: WARREN R. McGRAIL, L.S. 42513 CERTIFY TO: CITIZENS BANK, N.A., ITS SUCCESSORS AND/OR ASSIGNS JOSEPH W. JACEK, JR., ESQ. CHICAGO TITLE INSURANCE COMPANY AMY M. IVES AND JOHN E. ROBERTS THOMAS S. KNAUF, ESQ. The map Is abject to any easements or encumbrances that an updated a5aaaa of true may show. The weed •cenvy of'cerirra n• as shown and used hereon meatus an expression of professions! opinion regarding tire facts of the survey and does not cnnstlbste a warranty or g1 &antee. expressed or Intpt#rd• 0 Copyright Updated abslmct of We not provided. This survey is cereTted to those named above during the period Mat the currently issued fide Insurance policy Is in effect only. Carlificalioini are not tamable to addtfional triefitution &subsequent owners. Cosies of hats Autrey neap not bearing the land surveyors irked seal or embossed sea! We not considered to be a true and valid cry. Unauthorized alteration or add/Pi:n to this survey map is in violation ofse Lion 7209 &the New York Stage Education Law. The use of this recap in conjunction with an aft of no chance relieves the surveyor of all qty. DATE MAP OF A SURVEY OF LOT 22 OF THE BAYVIEW ESTATES SUBDMSION TOWN OF IRONDEQUOIT MONROE COUNTY, NEW YORK MAY 1, 2017 SCALE 1 INCH = 30 FEET FILE 15111-95-22 WARREN R. McGRA1L LAND SURVEYOR 1945 EAST RIDGE ROAD, SUITE 8A ROCHESTER, NEW YORK 14622 {505) 288-5120 Resolution No. 2020-_____________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION TO DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January, 2020, at 7:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ___________ offered the following resolution and moved its adoption: WHEREAS, the Department of Public Works uses certain equipment to perform services for the Town, and from time to time such equipment needs to be replaced; and WHEREAS, each piece of equipment listed on the attached Addendum “A” is several years old and no longer used by the Town; and WHEREAS, the Town intends to auction the Equipment at the online municipal auction to occur in February 2020. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby declares said equipment (serial numbers set forth in Addendum “A,” which is attached hereto and made a part hereof) as surplus and authorizes the Town Supervisor to execute and deliver such documentation as necessary to auction said Equipment at the next appropriate municipal equipment auction. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member _____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Seeley voting _______ Addendum “A” Year Fleet # Description KVS# Public Works 114 Smith ¼ yard stainless salt spreader Serial # 10629 125 Smith ¼ yard stainless salt spreader Serial # 10633 158 Smith ¼ yard stainless salt spreader Serial # 10279 Parks 504 Smith ¼ yard stainless salt spreader Serial # 10280 513 Smith ¼ yard stainless salt spreader Serial # 9667 2006 510 Ford Pickup truck mileage 90,907 006422 Vin #1FTWF31526ED26575 Resolution No. 2020 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) BACKHOE LOADER At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020 at 7:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member______________________offered the following resolution and moved its adoption: WHEREAS, it is necessary for the Bureau of Public Works to purchase one (1) new Case 580SN Backhoe Loader; and WHEREAS, the Town is authorized to make purchases through the New York State Office of General Services at the same prices and under the same terms and conditions as the State pursuant to Irondequoit Town Code 51-8(B)(3) and New York State General Municipal Law §104; and WHEREAS, CNH Industrial America, LLS, 700 State Street, Racine, WI 53402 has been awarded New York State OGS Contract # PC67265 (the “State Contract”); and WHEREAS, Monroe Tractor, 1001 Lehigh Station Road, Henrietta, New York, is an authorized dealer under the State Contract; and WHEREAS, funding in the amount of $113,439 is available in account 031-9785-6050-8121. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves a purchase order in the amount of $113,439 with Monroe Tractor, 1001 Lehigh Station Road, Henrietta, New York, for the purchase of one (1) new Case 580SN Backhoe Loader. AND BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute any and all documents related to this purchase. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner Voting __________________ Town Board Member Perticone Voting __________________ Town Board Member Freeman Voting __________________ Town Board Member Romeo Voting __________________ Town Supervisor Seeley Voting __________________ Resolution No. 2020-_____________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AGREEMENTS WITH VENDORS FOR RECREATION FEBRUARY BREAK CAMP At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020, at 7:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ___________ offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit’s Department of Recreation offers a February Break Trip Camp program; and WHEREAS, this camp include off-site field trips, as set forth in Addendum A (the “February Break Trip Camp Field Trip”); and WHEREAS, the Town of Irondequoit enters into agreements to provide services associated with the February Break Trip Camp, WHEREAS, funds have been appropriated for this purpose from account # 001-7140-4120-0000-7145. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to enter into an agreement with the vendor for the February Break Trip Camp Field Trip outlined in Addendum “A” in a format approved by the Town Attorney. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member _____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Perticone voting __________ Town Board Member Freeman voting __________ Town Board Member Romeo voting __________ Town Supervisor Seeley voting __________ ADDENDUM “A” February Break Trip Camp Field Trip Vendors – 2020 January 21, 2020 Date Field Trip Location Fees Paid to Vendor February 18, 2020 Cinemark Tinseltown USA & IMAX Theater $4.50/Per Person (Concessions) $6.25/Per Person (Tickets) E M A RR[ K. } CENTURY CineArIs rTi1194n0nr pi HELD TRIP AGREEMENT SIGNATURE DUE BY Tuesday, December 17, 2019 ORGANIZATION THEATRE CINEMARK EVENT SPECIALIST Town of Irondequoit Recreation 202 Rochester - Cinemark Tinseltown USA & IMAX Reci Warren 154 Pinegrove Ave 2291 Buffalo Road ewarren@cinemark.com Rochester, New York 14617 Rochester, New York 14624 Dave Seeley Spencer Wren INTERNAL EVENT CODE supervise r1a01r0ndecuOit.orp 202@cinemark.com 128421-021820-202 CINEMARK Agrees to provide ORGANIZATION with use of an auditorium for a Field Trip with the following event details: EVENT DATE Tuesday, February 18, 2020 FILM TITLE Dolittle FILM FORMAT 2D ARRIVAL TIME 10:00 am FILM START TIME 10:30 AM AUDITORIUM ACCESS ENDS End of Credits DESCRIPTION QUANTITY UNIT PRICE I AMOUNT Concessions: $4.50 Snack Pack w/Fruit Chews (Field Trip) 50 $4.50 $225.00 Tickets: Field Trip 50 $6.25 $312.50 ESTIMATED EVENT TOTAL $537.50 FINAL HEADCOUNT & PAYMENT DUE: Tuesday, February 11, 2020 ORGANIZATION Agrees to the following: a) Minimum purchase of 50 tickets required to book a CINEMARK field trip. ORGANIZATION must confirm final headcount and pay in full at least five (5) business days prior to event or field trip is subject to cancellation. b) CINEMARK solely accepts credit cards, electronic checks and paper checks for payment. A link will be emailed to pay via Cinemark's secure online gateway or you may mail a check before the above deadline to the attention of your EVENT SPECIALIST at the Cinemark Corporate Office at 3900 Dallas Parkway, Plano, TX 75093. Notify the EVENT SPECIALIST by emailing a copy of the check before mailing. c) Tax exempt payments require an ORGANIZATION credit card or check. No purchase orders, personal checks, cashier's checks, money orders, or cash accepted. d) Coupons, passes or discount offers of any type will not be accepted. e) No refunds, rainchecks or passes for movie tickets or concessions issued if fewer people attend than paid for. f) Once this Agreement is signed, submitted and processed by CINEMARK, minor adjustments to headcount may be requested up to (5) business days from event to ensure availability of seating. Minimum purchase of 50 tickets required. g) Additional attendees who arrive on event day are not guaranteed seating and must purchase movie tickets at full price. No complimentary tickets or concessions for teachers, chaperones or bus drivers. h) This is not a private screening; other school or youth groups may be placed in the auditorium pending seat availability. Groups may also be split into multiple auditoriums, i) No outside food or beverages permitted in the theatre. j) In cases of extra -large groups, THEATRE reserves the right to serve juice boxes/pouches and/or bottled water with snack packs in lieu of fountain drinks. k) Not alter or damage any physical part of the CINEMARK building, I) Due to film studio contracts, movies are subject to change without notice. ORGANIZATION will be notified of any changes as soon as possible. m) No refund if field trip cancellation occurs within five (5) business days of scheduled event. If THEATRE or ORGANIZATION must close due to inclement weather, your event will be rescheduled within 30 days of the original date. n) Any bags or backpacks measuring larger than 12"x12"x6" will not be permitted into the theatre. CINEMARK does not provide a general area to check personal belongings, and reserves the right to inspect all bags and packages entering the theatre, o) CINEMARK assumes no responsibility and ORGANIZATION waives right to any claim, loss, liability, damage, or cost against CINEMARK that may arise or become due in any manner or degree prior to, during, and/or following the field trip including, but not limited to, damage to or loss of property left in the CINEMARK theatre. p) Execution of this Agreement by the ORGANIZATION releases CINEMARK, its owners and operators, employees and agents from any liability for failure to carry out arrangements as provided herein which are caused by fire, strikes, acts of God, or any other conditions beyond reasonable control of CINEMARK. q) This Agreement shall not be deemed a final binding obligation of CINEMARK until fully executed by both parties, and shall be interpreted, enforced and resolved in accordance with the laws of the State of Texas. Agreement terms and conditions were entered into this &=Master.OPPORTUNITY TYPE OF EVENT and become effective once signed and returned to CINEMARK. I, the CLIENT representing ORGANIZATION, have received and read this Agreement and agree to abide by the terms and conditions contained herein. CINEMARK CLIENT REPRESENTATIVE* SIGNATURE* PRINT NAME Allison Jernigan, PRINT NAME & TITLE VP of Business Development & TITLE DATE DATE Page 1 Resolution No. 2020-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT WITH A VENDOR FOR ENTERTAINMENT AT THE IRONDEQUOIT SENIOR/COMMUNITY CENTER FOR SENIOR EVENT At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020, at 7:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________ offered the following resolution and moved its adoption: WHEREAS, the Irondequoit Senior/Community Center would like to provide entertainment to their seniors at a Senior event; and WHEREAS, it was necessary for the Town of Irondequoit to contract with vendor providing entertainment services pursuant to Addendum “A”, which is attached hereto and made a part hereof; and WHEREAS, this vendor will be paid for with funds from account #001-6772-4120. NOW THEREFORE BE IT RESOLVED, that the Town Board approves the agreement listed in Addendum “A”, for an event at the Irondequoit Senior/Community Center; AND BE IT FURTHER RESOLVED, that the Town Board grants authority to the Town Supervisor to execute any and all documents related to this agreement in a format approved by the Attorney for the Town. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Perticone voting __________ Town Board Member Freeman voting __________ Town Board Member Romeo voting __________ Town Supervisor Seeley voting __________ Irondequoit Senior/Community Center Senior Event ADDENDUM “A” January 21, 2020 VENDOR/ENTERTAINER SERVICE PROVIDED VENDOR COMPENSATION Show Of Love/Joseph A. Trionfero “Thanks for the Memories” Senior Game Show $200.00 "SHOW OF LOVE" Presentations by Joe Trionfero INVOICE & CONTRACT FOR ENGAGEMENT Agreement made this 9t" Day of December 20 19 AGREEMENT BETWEEN: SHOW OF LOVE REPRESENTATIVE: Joseph A. Trionfero Irondequoit Community Center Claudia (rec-intern0 REPRESENTATIVE: 585-336-6077 DETAILS FOR ENGAGEMENT SHOW DATE TIME PLACE COST Wed. June 2 2020 12:30 $200.00 'trionfero a@aol.com _ r recinterngirondequoitorg ARTIST SHOW OF LOVE 23 Gettman Drive Baldwinsville, NY 13027 315-638-1798 or 800-640-1798 SUB -TOTAL $200.00 GRAND TOTAL $200.00 PURCHASER Irondequoit Community Center Attn: Claudia X X Return a signed copy: FAX: 315-638-2587 or Email: jtrionfero@aol.com aol.com Or mail to: Show of Love 23 Gettman Drive Baldwinsville, NY 13027 Resolution No. 2020-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO NEW CONTRACTS WITH INDEPENDENT CONTRACTORS FROM LOCAL B-90 FOR STAFFING OF PARKING PERSONNEL, DAY/OVERNIGHT SUPERVISORS, TICKET TAKERS AND TICKET SELLERS FOR MCAVOY PARK, CAMP EASTMAN SPORTS FIELDS, AND VARIOUS TOWN SPECIAL EVENTS At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January, 2020 at 7:00 p.m. local time, there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ____________ offered the following resolution and moved for its adoption: WHEREAS, it is necessary to hire consultation services for staffing of parking personnel, security, day/overnight supervisors, ticket takers, and ticket sellers for McAvoy Park, Camp Eastman Sport Fields, and various Town Special Events; and WHEREAS, the Town of Irondequoit desires to contract with independent contractors from Local B-90 Ushers & Ticket Takers providing these services pursuant to Addendum “A”, which is attached hereto and made a part hereof; and WHEREAS, pursuant to Resolution No. 2019-312, the Town Board approved entering into contracts WHEREAS, funds have been appropriated for this purpose in the following accounts: #001.7110.4120.0000.7147, #0234.4120, #7110.4120.0000.7142 and #233.0233.4120. NOW, THEREFORE BE IT RESOLVED, that the Town Board replaces and supersedes Addendum “A” (2020 Local B-90 Ushers & Ticket Takers) of Resolution 2019-312 and also attached hereto as Addendum “A,” with the chart attached hereto and made a part of hereof as Addendum “B” (Revised 2020 Local B-90 Ushers & Ticket Takers). AND BE IT FURTHER RESOLVED, that the Town Board grants authority to the Town Supervisor to execute any and all documents related to these agreements in a format approved by the Attorney for the Town. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member ____and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Perticone voting __________ Town Board Member Freeman voting __________ Town Board Member Romeo voting __________ Town Supervisor Seeley voting __________ ADDENDUM “A” 2020 Local B-90 Ushers & Ticket Takers VENDOR/CONTRACTOR SERVICE PROVIDED VENDOR COMPENSATION Samuel Falzone Supervision of Event Parking/Ticket Taker/Seller Personnel $17.00/hour Terry Honan Event Parking/Ticket Taker/Sellers $15.00/hour Anthony Danno Jr. Event Parking/Ticket Taker/Sellers $14.00/hour Ken Luciano Event Parking/Ticket Taker/Sellers $14.00/hour Richard Luciano Event Parking/Ticket Taker/Sellers $14.00/hour William Luciano Event Parking/Ticket Taker/Sellers $14.00/hour Harry Melvin Event Parking/Ticket Taker/Sellers $14.00/hour Leo DeLuca Jr. Event Parking/Ticket Taker/Sellers $14.00/hour Anthony Pucillo Event Parking/Ticket Taker/Sellers $14.00/hour Anthony D’Alonzo Event Parking/Ticket Taker/Sellers $14.00/hour Joseph Scalise Event Parking/Ticket Taker/Sellers $14.00/hour Gary Alessi Event Parking/Ticket Taker/Sellers $13.00/hour Bernard Allen Event Parking/Ticket Taker/Sellers $13.00/hour Ian Anderson Event Parking/Ticket Taker/Sellers $13.00/hour Robert Boyd Event Parking/Ticket Taker/Sellers $13.00/hour Carl Cleveland Event Parking/Ticket Taker/Sellers $13.00/hour Daniel Curcio Event Parking/Ticket Taker/Sellers $13.00/hour Edward Diamond Event Parking/Ticket Taker/Sellers $13.00/hour Mark Dunshie Event Parking/Ticket Taker/Sellers $13.00/hour Marilyn Falzone Event Parking/Ticket Taker/Sellers $13.00/hour Richard Francis Event Parking/Ticket Taker/Sellers $13.00/hour James Grammatico Event Parking/Ticket Taker/Sellers $13.00/hour Gary Groh Event Parking/Ticket Taker/Sellers $13.00/hour Greg Gula Event Parking/Ticket Taker/Sellers $13.00/hour Ernie Harrington Event Parking/Ticket Taker/Sellers $13.00/hour ADDENDUM “A” 2020 Local B-90 Ushers & Ticket Takers (Cont’d) VENDOR/CONTRACTOR SERVICE PROVIDED VENDOR COMPENSATION Laura Honan Event Parking/Ticket Taker/Sellers $13.00/hour Joseph LoTurco Event Parking/Ticket Taker/Sellers $13.00/hour Anthony Maira Event Parking/Ticket Taker/Sellers $13.00/hour Shawn Malone Event Parking/Ticket Taker/Sellers $13.00/hour Frank Mangiavellano Event Parking/Ticket Taker/Sellers $13.00/hour James McCauley Jr. Event Parking/Ticket Taker/Sellers $13.00/hour Alan Pellegrino Event Parking/Ticket Taker/Sellers $13.00/hour Fred Porcelli Event Parking/Ticket Taker/Sellers $13.00/hour John Secash Event Parking/Ticket Taker/Sellers $13.00/hour Paul Sidoti Event Parking/Ticket Taker/Sellers $13.00/hour Len Stein Event Parking/Ticket Taker/Sellers $13.00/hour Harry Sylar Event Parking/Ticket Taker/Sellers $13.00/hour Roy Thomas Event Parking/Ticket Taker/Sellers $13.00/hour Will Volkmar Event Parking/Ticket Taker/Sellers $13.00/hour ADDENDUM “B” Revised 2020 Local B-90 Ushers & Ticket Takers VENDOR/CONTRACTOR SERVICE PROVIDED VENDOR COMPENSATION Samuel Falzone Supervision of Event Parking/Ticket Taker/Seller Personnel $17.00/hour Terry Honan Event Parking/Ticket Taker/Sellers $15.00/hour Anthony Danno Jr. Event Parking/Ticket Taker/Sellers $14.00/hour Ken Luciano Event Parking/Ticket Taker/Sellers $14.00/hour Richard Luciano Event Parking/Ticket Taker/Sellers $14.00/hour William Luciano Event Parking/Ticket Taker/Sellers $14.00/hour Harry Melvin Event Parking/Ticket Taker/Sellers $14.00/hour Leo DeLuca Jr. Event Parking/Ticket Taker/Sellers $14.00/hour Anthony Pucillo Event Parking/Ticket Taker/Sellers $14.00/hour Anthony D’Alonzo Event Parking/Ticket Taker/Sellers $14.00/hour Joseph Scalise Event Parking/Ticket Taker/Sellers $14.00/hour Gary Alessi Event Parking/Ticket Taker/Sellers $13.00/hour Bernard Allen Event Parking/Ticket Taker/Sellers $13.00/hour Ian Anderson Event Parking/Ticket Taker/Sellers $13.00/hour Robert Boyd Event Parking/Ticket Taker/Sellers $13.00/hour Carl Cleveland Event Parking/Ticket Taker/Sellers $13.00/hour Cathy Cortese Event Parking/Ticket Taker/Sellers $13.00/hour Daniel Curcio Event Parking/Ticket Taker/Sellers $13.00/hour Edward Diamond Event Parking/Ticket Taker/Sellers $13.00/hour Mark Dunshie Event Parking/Ticket Taker/Sellers $13.00/hour Robert Earl Event Parking/Ticket Takers/Sellers $13.00/hour Marilyn Falzone Event Parking/Ticket Taker/Sellers $13.00/hour Richard Francis Event Parking/Ticket Taker/Sellers $13.00/hour Thomas Gottschalk Event Parking/Ticket Taker/Sellers $13.00/hour James Grammatico Event Parking/Ticket Taker/Sellers $13.00/hour Gary Groh Event Parking/Ticket Taker/Sellers $13.00/hour Greg Gula Event Parking/Ticket Taker/Sellers $13.00/hour Ernie Harrington Event Parking/Ticket Taker/Sellers $13.00/hour Revised 2020 Local B-90 Ushers & Ticket Takers (Cont’d) ADDENDUM “B” VENDOR/CONTRACTOR SERVICE PROVIDED VENDOR COMPENSATION Laura Honan Event Parking/Ticket Taker/Sellers $13.00/hour Joseph LoTurco Event Parking/Ticket Taker/Sellers $13.00/hour Anthony Maira Event Parking/Ticket Taker/Sellers $13.00/hour Shawn Malone Event Parking/Ticket Taker/Sellers $13.00/hour Frank Mangiavellano Event Parking/Ticket Taker/Sellers $13.00/hour James McCauley Jr. Event Parking/Ticket Taker/Sellers $13.00/hour Thomas Mihalistsis Event Parking/Ticket Taker/Sellers $13.00/hour Alan Pellegrino Event Parking/Ticket Taker/Sellers $13.00/hour Fred Porcelli Event Parking/Ticket Taker/Sellers $13.00/hour John Secash Event Parking/Ticket Taker/Sellers $13.00/hour Paul Sidoti Event Parking/Ticket Taker/Sellers $13.00/hour Len Stein Event Parking/Ticket Taker/Sellers $13.00/hour Harry Sylar Event Parking/Ticket Taker/Sellers $13.00/hour Roy Thomas Event Parking/Ticket Taker/Sellers $13.00/hour Will Volkmar Event Parking/Ticket Taker/Sellers $13.00/hour Resolution No. 2020-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH VENDORS FOR THE TOWN’S 2020 WINTERFEST CELEBRATION At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020, at 7:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________ offered the following resolution and moved its adoption: WHEREAS, Town Board Resolution No. 2019-248 authorized the Supervisor to enter into agreements for 2020 Special Events with final approval and/or ratification by the Town Board; and WHEREAS, pursuant to that resolution the Town of Irondequoit’s 2020 Winterfest Celebration will occur on January 25, 2020; and WHEREAS, it is necessary for the Town of Irondequoit to contract with vendors providing food and entertainment services pursuant to Addendum “A”, which is attached hereto and made a part hereof; and WHEREAS, these vendors are paid for with funds from the Special Events budget. NOW THEREFORE BE IT RESOLVED, that the Town Board approves the agreements listed in Addendum “A”, for the Town of Irondequoit’s 2020 Winterfest Celebration. AND BE IT FURTHER RESOLVED, that the Town Board grants authority to the Town Supervisor to execute any and all documents related to these agreements in a format approved by the Attorney for the Town. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Perticone voting __________ Town Board Member Freeman voting __________ Town Board Member Romeo voting __________ Town Supervisor Seeley voting __________ ADDENDUM “A” 2020 Winterfest Vendors VENDOR/CONTRACTOR SERVICE PROVIDED VENDOR COMPENSATION Adventures in Climbing, LLC Snow Globe Photo Opportunity & Frozen Bounce House $1,000.00 Fairytale Princesses Princess Throne and Two Fairy Princesses $800.00 Gamin’ Ride Video Game Trailer $300.00 William R. Heberle Stables Inc. Horse Drawn Wagon Rides $2860.00 Kindred Moon Kennel Husky Dog Meet & Greet $550.00 Lazy Acre Alpaca Farm Alpaca Visit $200.00 Party Productions/Brian Hardick Interactive DJ, Music, Games, and Give-A- Ways $425.00 Rick Pratt Wood Carver $650.00 Rain or Shine Tent Rental 40x80 Tent Rental, 40x40 Tent Rental with Sidewalls and Heaters with Propane Tank $3,280.00 EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING ATTENDANCE TO THE XLR8 LEADERSHIP TRAINING PROGRAM At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January, 2020, at 7:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ______________offered the following resolution and moved its adoption: WHEREAS, it is requested that Robert Kiley, Commissioner of Public Works and Katrina Hall, Director of Recreation, attend the XLR8 Leadership Training Program in Beaver Hollow, New York from January 27th to January 30th, 2020. WHEREAS, funding for this conference is available in Accounts 001.7140.4100.0000.7146 and 001.1490.4100 and the total cost will be $4,000. NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes Katrina Hall and Robert Kiley to attend the XLR8 Leadership Training Program in Beaver Hollow, New York, from January 27th to January 30th, 2020. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ____________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting ______________ Town Board Member Perticone voting ______________ Town Board Member Romeo voting ______________ Town Board Member Freeman voting ______________ Town Supervisor Seeley voting ______________ Resolution Number 2020- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR THE CUPID’S CUP 5TH ANNUAL 5K RUN/WALK At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of January 2020 at 7:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member offered the following resolution and moved its adoption: WHEREAS, the Town Clerk’s Office received an application from Yellow Jacket Racing requesting permission to conduct their 5th Annual Cupid’s Cup 5K Run/Walk; and WHEREAS, proof of current insurance, which expires on November 1, 2020, has been received and approved by the Town’s Insurance Carrier. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the Special Event License for the 5th Annual Cupid’s Cup 5K Run/Walk to be held on Sunday, February 9, 2020, beginning and ending at West Irondequoit High School from 8:30 a.m. to 10:30 a.m., upon the condition that Yellow Jacket Racing notifies all affected residents. This resolution shall take effect immediately upon adoption. Seconded by the Town Board Member and duly put to vote, which resulted as follows: Town Board Member Wehner voting Town Board Member Perticone voting Town Board Member Romeo voting Town Board Member Freeman voting Town Supervisor Seeley voting