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HomeMy Public PortalAbout2020.11.17 RTB Packet REGULAR TOWN BOARD MEETING NOVEMBER 17, 2020 7:00 PM 11-15-2020 9:41 AM PLEDGE OF ALLEGIANCE ROLL CALL SUPERVISOR’S REMARKS & ANNOUNCEMENTS PUBLIC INPUT FINANCIAL REPORT APPROVAL OF MINUTES October 13, 2020 Workshop Meeting October 19, 2020 Budget Workshop Meeting October 20, 2020 Regular Town Board Meeting October 27, 2020 Budget Workshop Meeting October 27, 2020 Special Town Board Meeting PUBLIC HEARINGS 11PH2020-2 On the Matter of Ordering the Extension of the Consolidated Sewer 7:36 PM District to Homes Along Bay Shore Boulevard 11PH-2A Resolution Ordering the Extension of the Consolidated Sewer District to Homes Along Bay Shore Boulevard 11PH2020-3 On the Matter of Adopting a Local Law Amending Chapter 235 Article IV 7:37 PM of the Town of Irondequoit Town Code 9PH2020-3 (PUBLIC HEARING LEFT OPEN) On the Matter of Rezoning a Portion of 2590 Culver Road from R-1 Residential to C-Business District 9PH-3A Resolution Concerning State Environmental Quality Review Act Compliance in the Matter of Rezoning a Portion of 2590 Culver Road (Tax ID No: 092.10-3-2) from R-1 Residential to C-Business District 9PH-3B Resolution Approving an Application on the Matter of Rezoning a Portion of 2590 Culver Road (Tax ID No: 092.10-3-2) from R-1 Residential to C-Business District ITEMS FOR BOARD ACTION Appointments 11A2020-4 Resolution Approving the Permanent Appointment of a Part-time School Traffic Guard in the Irondequoit Police Department 11A2020-5 Resolution Authorizing the Hiring of a Police Officer Recruit 11A2020-6 Resolution Authorizing the Hiring of a Police Officer Recruit 11A2020-7 Resolution Approving the Transfer of a Police Officer to the Irondequoit Police Department 11A2020-8 Resolution Approving the Promotion of a Laborer to a Maintenance Mechanic II in the Sanitation Department of Public Works Community Development 11A2020-9 Resolution Authorizing the Adoption of the 2021 Irondequoit Zoning Board of Appeals Meeting Schedule 11A2020-10 Resolution Authorizing the Adoption of the 2021 Irondequoit Planning Board Workshop and Meeting Schedule 11A2020-11 Resolution Authorizing the Adoption of the 2021 Irondequoit Conservation Board Meeting Schedule 11A2020-12 Resolution Reapproving an Application on the Matter of Rezoning 2590 and 2662 Culver Road (Tax ID Nos: 092.10-3-2 and 092.10-3-1) from R-1 Residential to R-5 Residential Comptroller 11A2020-13 Resolution Authorizing the Supervisor to Enter into an Intermunicipal Agreement for CARES Act Distribution Human Resources 11A2020-14 Resolution Approving the 2021 Holiday Schedule for All Town Employees Public Works 11A2020-15 Resolution Renewing Electrical Services for the Town of Irondequoit Facilities 11A2020-16 Resolution Calling for a Public Hearing Amending the Irondequoit Community Development Block Grant (CDBG) Annual Plan for the 2018-19 Program Year 11A2020-17 Resolution Authorizing an Interfund Transfer from the Drainage Fund Balance to Capital Project Fund 366 11A2020-18 Resolution Authorizing the Supervisor to Enter into a Supplemental Agreement for Snow & Ice Removal on New York State Roadways 11A2020-19 Resolution Approving a Sanitary Sewer Agreement at Bay Village Estates Condominium Town Clerk 11A2020-20 Resolution Authorizing Surety, Form and Amount of Official Undertaking for the Faithful Performance of the Duties of the Town Clerk and Receiver of Taxes and Assessments 11A2020-21 Resolution Approving the 2021 Workshop, Regular Town Board and Organization Meeting Dates SPECIAL TOWN BOARD MEETING—ADOPT 2021 BUDGET THURSDAY, NOVEMBER 19, 2020 @ 4:00 PM ***NEXT TOWN WORKSHOP MEETING—TUESDAY, DECEMBER 8, 2020 @ 4 PM*** ***NEXT REGULAR TOWN BOARD MEETING—TUESDAY, DECEMBER 15, 2020 @ 7 PM*** Town of Irondequoit Financial Report Month Ending 10/31/20 EXPENSES Percent Percent Fund Original Amended Cumulative, Year to Month End of of Budget Budget Budget Expended Encumb'd Available Year Spent & /5, 735.. to Balance Elapsed Enc'brd 001 General (includes cemetery) 21,718,772 22,007,973 14,965,082 770,479 6,272,412 83-3% 71.5% percent of amended budget 68-0% 3 5% 28.5% 005 Library 2,704,039 2,711,153 2,051,951 4,024 655,178 83.3% 75.8% percent of amended budget - 75 7% 0.1 % e 24.2% 021 Highway # 1, Road Impvts 3,232,915 3253,640 W 2,199,697 0 307,482 � j 746,461 83 3% 77 1% percent of amended budget , 67.6% -a- 9.5% [r. cz 22.9% 023 Highway#3, EquipmentMaint. 1,124,154 1,124,154 Cr' 794,886 E 134,307 , .'" 194,961 83.3% 82.7% percent of amended budget 51-15(..0#9141 70.79° 11,9% LO 17.3% 024 Highway # 4, ROW / Winter 1,077,653 1,079,153 702,248 '--/ 73,18 303,722 83.3% 71.9% percent of amended budget 65.1 % 6.8% 28.1% 031 Consolidated San Sewer Dist 4,132,254 4,196,041 3,015,296 105,364 1,075,380 83.3% 74.4% percent of amended budget 71 9% 2.5% 25.6% 038 Stormwater Drainage Dist. 839,493 1,252,944 814,001 41,530 397,413 83.3% 68.3% percent of amended budget 65.0% 3.3% 31 7% 039 Rock Beach San. Sewer Dist. 9,094 9,094 672 0 8,422 83.3% 7.4% percent of amended budget 7.4% 0.0% 92 6% 040 Orland Road San. Sewer Dist. 15,985 15,985 1,992 0 13,993 83,3% 12,5% percent of amended budget 12 5% 0.0% 87 5% 051 Sea Breeze Water District 1,074,113 1,074,113 771,701 0 302,412 83 3% 71.8% percent of amended budget 71.8% 0.0% 282% 071 - 098 Lighting Districts 162,250 162,250 113,905 49,507 -1,161 83.3% 100 7% percent of amended budget 70 2% 30.5% 0.7 TOTAL 36.090,722 36,886,500 25,431,431 1,485,876 9,969,192 83.3% 730% Percent of Amended Budget Spent Percent of Amended Budget Encumbered Total Percent Spent & Encumbered 07ln ,'q 68.9% 4.0% 73 0% Tax Levy Sensitive 29,857,533 30,176,073 20,713,865 1,289,475 8,172,734 83.3% 72 9% Total Spent + Encumbered 22,003,339 68 6% 4.3% 27.1% 72 9% 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) 11,185,756 11,185,756 11,185,756 0 63.9% 100.0% Payment In Lieu of Tax (001-1081) 257,779 257,779 260,665 -2,886 101 1% Sales Tax (001-1120) 5,180,640 5,180,640 1,603,961 3,576,679 31 0% Mortgage Tax (001-3005) 815,000 815,000 249,488 565,512 30 6% Per Capita State Aid (001-3001) 613,283 613,283 0 613,283 0.0% Interest Earnings (001-2401) 25,000 25,000 33,037 -8,037 132.1% Franchise Cable TV (001-1170) 750,000 750,000 341,084 408,916 45 5% Recreation Program Fees (001-2001) 330,000 330,000 185,808 144,192 56.3% Cemetery Revenues (001-2190/2665) 133,000 133,000 116,420 16,580 87 5% Fines & Bail Forfeitures (001-2610) 247,500 247,500 120,943 126,557 48 9% Other Sources of Revenue 1,990,814 2,015,814 1,641,044 374,770 81 4% Appropriated Fund Balance 190,000 190,000 190,000 0 Total, Revenue & Fund Balance 21,718,772 21,743,772 15,928,205 5,815,567 83.3% 73 3% 2020 Printed on 11/4/2020 Page 1 Town of Irondequoit Financial Report Month Ending 10/31/20 Cumulative Percent Percent Percent Original Amended Receipts Balance of of of Fund Budget Budget as of to be Real Estate Year Revenue This Month Received Tax Elapsed Received 005 Library Real Estate Tax 2,507,625 2,507,625 2,507,625 0 14.3% 100.0% Other Sources of Revenue 196,414 196,414 85,991 110,423 43.8% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 2,704,039 2.704,039 2.593.616 110,423 83 3% 95.9% 021, 023, 024 Highway Funds Real Estate Tax 3,812,038 3,812,038 3,812,038 0 21 8% 100.0% All Other Sources 1,622,684 1,622,684 785,704 836,980 48.4% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 5,434,722 5,434,722 4,597,742 836,980 83 3% 84.6% 031 Consolidated San. Sewer District Sewer Service Charges 4,012,722 4,012,722 4,012,722 0 100 0% Other Sources of Revenue 119,532 119,532 142,016 -22,484 118.8% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 4,132,254 4,132,254 4,154,738 -22,484 83.3% 100.5% 038 Stormwater Drainage District District Service Charges 836,493 836,493 836,493 0 100 0% Other Sources of Revenue 3,000 3,000 12,546 -9,546 418.2% Appropriated Fund Balance _ 0 0 0 0 Total, Revenue & Fund Balance 839,493 839,493 849,039 -9,546 83.3% 101 1% 039 Rock Beach San Sewer District District Capital Charges 9,094 9,094 9,094 0 100 0% Other Sources of Revenue 0 0 6 -6 #DIV/0! Total Revenue 9,094 9,094 9,100 -6 83.3% 100.1% 040 Orland Road San. Sewer District District Capital Charges 15,985 15,985 15,985 0 100 0% Other Sources of Revenue 0 0 31 -31 #DIV/0! Total Revenue 15,985 15,985 16,016 -31 83.3% 100.2% 051 Sea Breeze Water District District Real Estate Tax 0 0 0 0 #DIV/0! Other Sources of Revenue 1,074,113 1,074,113 907,814.13 166,299 84.5% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 1,074,113 1,074,113 907,814 166,299 83 3% 84 5% 071 - 098 Lighting Districts District Real Estate Tax 162,250 162,250 162,250 0 100.0% Other Sources of Revenue 0 0 279 -279 Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 162,250 162,250 162,529 -279 83 3% 100.2% Summary of Revenues and Appropriated Fund Balances Real Estate Tax 17,505,419 17,505,419 17,505,419 0 100 0% 100.0% Special District Real Estate Tax 162,250 162,250 162,250 0 100.0% Sanitary Sewer Service Charges 4,037,801 4,037,801 4,037,801 0 100.0% Stormwater District Service Charges 836,493 836,493 836,493 0 100.0% Other Sources of Revenue 13,358,759 13,383.759 6,486.837 6,896,922 48.5% TOTAL 35,900,722 35,925„722 29,028.800 6,896,922 83,3% 80.8% Appropriated Fund Balance 190,000 190,000 190,000 0 100 0% Grand Total, Revenues and Appropriated Fund Balance 36,090,722 36,115,722 29,218,800 6,896,922 80.9% 2020 Printed on 11/4/2020 Page 2 Town Board Meeting Notes — October 2020 The 2020 financial results as of October 31st: 83% of the year has elapsed and the Town's total expenses (actual expenditures + encumbrances) of $ 26,917,307 are lower than budget at 73.0%. Actual expenses are $ 25,431,431 (68.9% of budget) & encumbrances are $ 1,485,876 (4% of budget). Typically, encumbrances are still sizable at this point in the year, as departments continue to commit to services, supplies, and commodities that will be needed for the remainder of the year. The General Fund total expenses of $ 15,735,561 are below budget at 71.5%. The actual expenditures total $ 14,965,082 (68% of budget) and encumbrances are $770,479 (3.5% of budget). Overall, the total expenses of the 3 Highway Funds are $ 4,211,803 or 77.1% of budget —below the 83% of the year that has elapsed. Actual expenditures are $ 3,696,831 (67.7% of budget) and encumbrances total $ 514,972 (9.3% of budget). The costs continue to be driven by considerable expenses and encumbrances for fuel, road salt, equipment parts, and road paving. The current Library expenditures are $2,055,975 (75.8%) of the budget. Expenses in the Sewer Fund of $3,120,660 are below budget at 74.4%. Actual expenditures are $ 3,015,296 (71.9% of budget) and encumbrances are $105,364 (2.5% of budget). Stormwater Drainage expenses are approximately 68.3% of budget —a total of $855,531. Actual expenditures total $ 814,001 (65.0% of budget) and includes a Vactor truck and encumbrances total $ 41,530. Again, this month, expenses excluding encumbrances for the Town, as well as the 1 three major funds are less than the 83% of the year that has elapsed. The actual expenditures percentage (exclusive of encumbrances) for the Town is 73.0%; the General Fund is 68.0%; Sewer is 71.9%; and the collective Highway funds is 67.7%. The General Fund has received revenue of $ 15,928,205-73.3% of budget. Real estate tax of $11,185M has been collected. 101.0% of the Payment In Lieu of Tax revenue of $257k is in (actual = $ 260k). The Town has recorded 5 months of Sales Tax revenue in the amount of $1,604k (31.0% of budget); Per Capital State Aid of $613k is scheduled for payment in December and Mortgage Tax for the first quarter of $249k has been received (30.6% of budget). Recreation Program Fees of $185,808 are unfavorable to budget at 56.3%. Other Sources of Revenue are on par with the budget at 81.4%. Regarding the entire Town: $29,218,800 or 80.9% of revenue and appropriated fund balance has been received to -date; approximately $17.5M is from real estate tax. At month -end, the Library had confirmed revenue of $2,593,616 — 95.9% of budget. 84.6% or $4,597,742 of revenue has been received by the Highway. 100% of the Sewer Fund or $4,154,738 is in. Stormwater Drainage has also verified 101% of its budgeted revenue —$849,039. This concludes my financial report for the month of October 2020. 2 WORKSHOP MEETING OCTOBER 13, 2020 148 Workshop Meeting of the Town Board of the Town of Irondequoit, held at the Irondequoit Town Hall, on the 13th day of October 2020 at 4:00 P.M.: PRESENT: David Seeley Supervisor Patrina Freeman John Perticone Kimie Romeo Peter Wehner Councilmembers Harter Secrest & Emery, LLP Attorney for the Town Others in attendance included Chief of Police Alan Laird, Director of Community Development Kerry Ivers, Comptroller Diana Marsh, Director of Human Resources Jason Vinette, Commissioner of Public Works Robert Kiley, Deputy Commissioner of Public Works Erin Magee, Director of Recreation Katrina Hall, Assessor Amy Jorstad, Director of Administration Maria Vecchio, Town Attorney Andrew Dean 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. Supervisor Seeley briefly reviewed the several Public Hearings on the Agenda. There was some discussion regarding the publication of Public Notices and what is required when any one of the Notices is not put in the Irondequoit Messenger Post. The Town will discuss the possibility of naming another newspaper as the Town’s official newspaper. REVIEW OF AGENDA ITEMS FOR THE OCTOBER 20, 2020 RTB MEETING Financial Report: Comptroller Diana Marsh reviewed the Financial Report as of September 30, 2020. Total expenses and encumbrances were 67.8% of budget, lower than the 75% of the year that has elapsed. Actual expenses were 61.3% of budget; encumbrances were 6.5% of budget. Encumbrances are typically high as departments continue to commit to services and supplies that will be needed through the end of the year. Expenses in the General Fund are lower than the percentage of the year elapsed at 66.2%. Actual expenses were 61.9%; encumbrances were 4.3% of budget. Expenses in the Highway Funds were 76.6%, slightly higher than the 75% of the year elapsed. The costs result from substantial expenses and encumbrances for salt, gas, fuel, paving services and materials, and equipment parts. Expenditures in the Library were 64.6% of budget. The Sewer Fund expenses were 67.6% of budget; expenses in Stormwater Drainage total 65.9% of budget. Again, this month, expenses, excluding encumbrances for the Town, as well as the three major funds, are less than the 75% of the year that has elapsed. The actual expenditure percentage (exclusive of encumbrances) for the Town is 61.3%; the General Fund is 61.9%; Sewer is 65.1%; and the collective Highway Funds are 54.3%. The General Fund revenue received was 72.3% of budget. $11.2M of real estate tax has been received, 100% of budget. $257,000 is in for PILOT revenue, 101.1% of budget. The 1st quarter Mortgage Tax of $249,000 has been received, 30.6% of budget. Five months of Sales Tax of $1,604,000 has been received, 31% of budget. $341,000 of Franchise Cable TV revenue was received in September. Per Capita State Aid of $613,000 is scheduled for payment in December. Regarding the entire Town, 79.2% of revenue and appropriated fund balance has been received to date, approximately $17.5M is from real estate tax. The Library has received 95.7% of its budgeted revenue; 82.8% of budgeted revenue is in for Highway Funds. The Sewer District has received 100.4% of that fund’s budget and Stormwater Drainage is at 101.1% of its revenue budget. WORKSHOP MEETING OCTOBER 13, 2020 149 Comptroller Marsh then reviewed the third-quarter summary and comparison to the prior 6 years. She stated that the 2017 percentages are skewed by fire-related activity. Regarding expenditures by Fund, the overall 67.8% of total budget spent and encumbered is slightly lower than prior years. The 2020 General Fund revenue reflects 72.3% of budget received to date, slightly behind prior years. This is primarily due to COVID-19 and the NYS ON PAUSE Executive Order. The most evident reduction is in the Recreation Fees line which was reduced by approximately 40% and Court Fines were reduced by about 23%. Along with reduced revenues this year, expenditures have also been lower than in prior years. The Per Capita State Aid of $613,000 has not been received yet. In 2019, the Per Capita State Aid payment was rescheduled from September to December. The Revenue and Appropriated Fund balance for the Town as a whole is 79.2%, on par with the 2019 budget year but lower than in prior years. Franchise Fees through September of 2019 have not been received as year. The Highway, Sewer and Drainage Funds are performing on par with prior years. Approval of Minutes: Minutes from the following meetings to be approved: September 8, 2020 Workshop Meeting; September 15, 2020 Regular Town Board Meeting; and October 8, 2020 Special Town Board Meeting. Public Hearings: There are seven (7) Public Hearings scheduled for October 20th and one (1) Public Hearing left Open from September. The first PH is on the matter of amending the Franchise Agreement with Verizon Wireless to operate within the Town rights-of-way. This Agreement was established years ago and now the Town wishes to amend the Agreement to increase the number of small cell wireless facilities allowed. There are two resolutions connected to this Public Hearing—SEQR and authorizing the Supervisor to execute the amendment. The second PH is on the matter of authorizing improvements to the Town’s Consolidated Sewer District. The improvements consist of reconstruction and/or replacement of sanitary sewer mains and laterals throughout the Town. The projected cost of this project is $500,000. The Town is looking to authorize the issuance of serial bonds or BANs to finance said project. The third PH is on the matter of replacing the Water Main along Seneca Road. The Town will be the bonding agent for Sea Breeze Water District, but the Water District will be handling the project. The estimated maximum cost of this project is $500,000. The fourth PH is on the matter of authorizing improvements to the Town’s Drainage District. The improvements consist of reconstruction of storm sewers, installation of stormwater drainage facilities and various land grading projects relating to drainage, erosion and slope stabilization. The estimated maximum cost of this project is $500,000. This project will be financed through the issuance of serial bonds or BANs. The fifth PH is on the matter of adopting a local law regarding retention and disposition of records. The Schedule for New York Local Government Records (LGS-1) will update the previous Schedule MU-1. It has been a long time since the Retention Schedule has been updated. The sixth PH is on the matter of granting a Special Use Permit for 889 E. Ridge Road in a C-Business District. The applicant wishes to expand his auto sales business which requires a Special Use Permit. The Town Planning Board issued a positive referral for the Special Use Permit. The seventh PH is on the matter of adopting a local law amending Section III of Chapter 93 of the Town Code pertaining to the Bow Hunt Program. The local law amendment would allow the Town Police Department to designate the location where hunters transport harvested deer and where such harvested deer may be field dressed. It would further authorize the Police Department to establish a Code of Conduct for hunters participating in the Bow Hunt Program. There is an OPEN Public Hearing on the matter of rezoning a portion of 2590 Culver Road from R-1 Residential to C-Business District that could be lifted from the table. WORKSHOP MEETING OCTOBER 13, 2020 150 Appointments: There are five (5) appointments on the agenda. Director of Community Development Kerry Ivers reviewed (1) resolution approving the appointment of a part-time/on- call Dog Control Officer. Director Ivers met with Suzanne Nugent and she feels that Ms. Nugent will be a good addition to the staff. Ms. Nugent has a flexible schedule and will be able to help on weekends and evenings. She will begin her duties immediately after she is appointed. (2) This resolution authorizes the appointments of three members to the Irondequoit Library Board of Trustees--Betty Brewer Johnson, Rachel Snyder and Phil Harriman with terms expiring on October 20, 2023. The Library Board of Trustees amended its bylaws earlier this year to increase the number of trustees from seven members to nine members, creating vacancies on the Board. (3) This resolution approves the provisional appointment of a full-time Office Account Clerk in the Irondequoit Recreation Department. The competitive civil service title and examination for this title were held on September 12, 2020 and the list has not been established yet. Rebecca Sheldon has been recommended provisionally for this position. (4) This resolution approves the appointment of two acting Police Lieutenants in the Town Police Department. There are currently two vacancies for Police Lieutenants. All qualified candidates were interviewed by Chief Laird and both Police Captains. They will rotate in the Lieutenant positions for a year to give the candidates an opportunity to see what those responsibilities will be. (5) This resolution authorizes the appointment of Isaac Elliott to the Town Zoning Board of Appeals to fill a vacancy. He is currently an alternate member. His term will expire December 31, 2025. Assessor: Assessor Amy Jorstad reviewed her one (1) resolution authorizing a settlement agreement with Rochester Foot Care Associates, LLP. The 2019 assessment year shall be reduced from $316,700 to $242,500. Community Development: Director of Community Development Kerry Ivers reviewed three (3) resolutions. The first and second resolutions address SEQR concerns and approve an application for rezoning portions of 2590 and 2662 Culver Road from R-1 Residential to R-5 Residential. SEQR is looking into environmental impacts on the community and traffic congestion. The third resolution calls for a Public Hearing on a proposed local law to amend Town Code Chapter 235, Article IV, R-R, R-1, R-2 and R-3 residential districts. Director Ivers stated that this code has not been updated in some time. Chapter 235, Article IV shall be deleted in its entirety and replaced with Proposed Edits Town Code Chapter 235, Article IV. The Public Hearing is scheduled for November 17, 2020 at 7:37 p.m. Comptroller: Comptroller Diana Marsh reviewed her one (1) resolution calling for a Public Hearing on the preliminary budget showing changes, alterations and revisions made by the Town Board. The Hearing is scheduled for November 12, 2020 at 7:35 p.m. Police: Chief of Police Alan Laird reviewed one (1) resolution authorizing the purchase of one 2021 Dodge Charger Police Interceptor All Wheel Drive vehicle. This vehicle replaces one that is unrepairable. The vehicle will be purchased from the NYS contract and the estimated cost is $30,166. Public Works: Commissioner of Public Works Robert Kiley reviewed nine (9) resolutions. The first resolution calls for a Public Hearing for the purpose of extending the Consolidated Sewer District to approximately 30 homes that are currently dependent on septic systems that could fail or become submerged. The Town will be working with Labella Associates to provide architectural, engineering and environmental services with respect to the project. The second resolution authorizes the Supervisor to enter into an Intermunicipal Agreement with West WORKSHOP MEETING OCTOBER 13, 2020 151 Irondequoit Central School District. The Town owns and maintains equipment, facilities, grounds and infrastructure and has staff to provide services to the West Irondequoit Central School District to repair and maintain District equipment. The Town and West Irondequoit Central School District entered into an Intermunicipal Agreement in September of 2017 running through September of this year. The District wishes to renew this Agreement for an additional three years. The third resolution declares a Victory 75’ x 14’ mobile home as surplus property and intends to auction the Mobile Home at the online municipal auction being held in November. The fourth resolution authorizes the Town Board to accept a gift of various antique pieces of farrier equipment to display in the Blacksmith Shop and Pioneer House, along with periodical displays in the library. Mr. Donald Newcomb, a resident of Greece, receives donated items of historical value and then donates them to various locations. The pieces of antique farrier equipment are believed to be from 1880 through 1930. There is no cost to the Town for these pieces. The fifth resolution awards a bid for a wheel alignment system. A public bid opening was held on October 9, 2020. The sixth resolution approves and accepts the Amended and Restated Sanitary Sewer Easement from Cranberry Landing. Many years ago, Cranberry Landing granted the Town a sanitary sewer easement to construct and maintain a sanitary sewer at Cranberry Landing. The owner has now notified the Town that the original easement for the property was incorrect and asked the Town to amend the easement to correctly identify the location of the sanitary sewer and an encroachment. This new easement agreement will reflect the proper location of the sanitary sewer. The seventh resolution authorizes a shared services agreement between the Town and NYS Department of Transportation. This agreement helps to promote and assist in the maintenance of State and Town roads and highways while providing a cost savings for both parties. The total amount of the agreement shall not exceed $25,000. There is still ongoing discussions regarding indemnification from both sides. The eighth resolution approves a change order for additional services for the permanent Public Works facility. The Town contracted with Bergman Associates for architecture and engineering services for the construction of the new facility. Additional services were necessary due to changes in the initial information. This will be the final change order and will close out the project. The total maximum value of the additional services is not to exceed $20,315.75. The ninth resolution authorizes the application for and acceptance of $3.17M of grant funding from the Dormitory Authority of New York State (DASNY). The Town received grant awards from the DASNY Authority to increase the resiliency of the Irondequoit Bay State Marine Park and the Culver Road Storm Sewers. The awards are anticipated to be in the amounts of $2,670,000 and $500,000. As work has begun on the project, it is necessary to authorize an interfund loan for this work until the grants are received. The Town will be reimbursed 95% of the project cost by NYS. Recreation: Director of Recreation Katrina Hall reviewed three (3) resolutions. The first resolution authorizes the 2021 Special Events Calendar. The second resolution authorizes the Supervisor to enter into an agreement with CardConnect, LLC for credit card services and leasing of card readers for the Recreation Department. She stated that she obtained three quotes and CardConnect, LLC was recommended. The Department will be leasing two Card Readers at a cost of $25/month each. The third resolution authorizes the Supervisor to enter into a new contract with a vendor for youth, family and senior recreational programming for fall of 2020. A Martial Arts instructor was added and will start in November. This new resolution will replace and supersede the previous resolution. WORKSHOP MEETING OCTOBER 13, 2020 152 ITEMS FOR BOARD ACTION 10WS2020-1 Resolution Approving the Appointment of a part-time Office Clerk in the Recreation Department On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the hiring of Rachael Pangburn as a part-time Office Clerk in the Recreation Department. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number: 2020-256 10WS2020-2 Resolution Calling for a Public Hearing in Accordance with Section 202-b of the Town Law to Consider Authorizing Pump Station Upgrades within the Town of Irondequoit Consolidated Sewer District On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted calling for a Public Hearing to be held on October 27, 2020 at 7:35 PM to consider if it is in the public interest to undertake the project at a maximum cost of $350,000, and to hear all persons interested in this matter. Commissioner of Public Works Robert Kiley explained that due to a publishing glitch, the Public Hearing on this matter had to be called again. This project is part of the Town’s Capital Improvement Program. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number: 2020-257 10WS2020-3 Resolution Pursuant to the State Environmental Quality Review Act with Respect to Amending a Franchise Agreement with Verizon Wireless to Operate within Various Irondequoit Rights of Way THIS MATTER WAS MOVED TO THE REGULAR TOWN BOARD MEETING ON OCTOBER 20, 2020. PRESENTATIONS: Director of Recreation Katrina Hall gave an overview of the Irondequoit Community Center, which will open in the summer of 2021 and be in full operation by September. The facility will be open to all ages and all abilities, Monday through Sunday, with a goal of getting as many people into the new Center as possible. A survey will be sent in early 2021 to learn what people would like to see at the new Center. Director Hall will have staff working on marketing and will be sending out Newsletters, postcards and putting information on social media. Training for staff is set and they will be brought in a phased approach sometime in April. The new part-time/full- time staff will be recruited through contact with area colleges and posting of job opportunities. Selling memberships will be done in June through August when community members can come to the facility and see what their membership includes. A professional in marketing efforts may be contacted to assist the Town in this area. Director Hall is weighing the possibility of hiring a private cleaning staff for the new Center that will clean after the building closes. She continues to WORKSHOP MEETING OCTOBER 13, 2020 153 work with area directors of facilities like the proposed Community Center to gain insight as to what works and what doesn’t. Director of Human Resources Jason Vinette presented information on Inclusion Awareness Training for staff and employees which is mandatory for all. The Town contacted the Center for Dispute Settlement to provide this training. There will be 30 small group sessions for 8 to 12 participants, per session, with 3.5 hours per session. Participants will provide feedback to the Supervisor following said training. Councilmember Freeman co-chairs a Committee on diversity and racism, known as Irondequoit Commission Advancing Racial Equity (ICARE), along with Margaret Burns and Leslie Harvey. The participants in this program will understand biases and recognize the differences between implicit and explicit bias and stereotyping, recognize the cultural and societal imprints that can shape biases and negatively impact personal and workplace relationships, and recognize the impact biases can have in the workplace and to the public they serve. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Workshop Meeting was adjourned at 6:27 p.m. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk BUDGET WORKSHOP MEETING 154 OCTOBER 19, 2020 5:30 P.M. PRESENT: Supervisor Seeley Councilmember Freeman Councilmember Perticone Councilmember Romeo Councilmember Wehner Also present: Comptroller Diana Marsh, Assistant to the Comptroller Rick Checchi, Director of Human Resources Jason Vinette, Commissioner of Public Works Robert Kiley, Deputy Commissioner of Public Works Erin McGee, Director of Recreation Katrina Hall, Director of Administration Maria Vecchio and Town Clerk Genier. Supervisor Seeley called the meeting to order at 5:30 p.m. He then gave a Tentative Budget summary for 2021: Total spending was $36.9M, 2.2% increase over last year. The General Fund spending increased by 3.1%. The tax levy dependent revenue was down by $487,532, primarily due to reduced sales tax revenue. The tax levy is set at $18.1M, a 3.6% increase over last year. The tentative budget is below the property tax cap by $130,000. The proposed Town tax rate is $6.42/$1,000. There are proposed decreases to charge/unit for both Sewer and Drainage Districts. The tax levy is being driven up by the following: 1) a loss of Sales Tax revenue; 2) Health insurance has increased by 5%; 3) retirement contributions have increased by 4%; 4) Police Department turnover increasing health care/retirement costs; 5) wage increases; 6) investments in the new Irondequoit Community Center. Since 2013, the Town’s spending has increased by 2.2% annually. The Town tax levy has increased on average by 1.3%. The Town’s fiscal health is strong and the Town will likely see a significant cash infusion at the end of 2020 through CARES Act reimbursement. Over the past nine (9) years, the Town has constructed a library, a new DPW facility, financed and are constructing a new Community Center; built seven (7) new sports fields, increased recreation programming, doubled the paving budget, replaced the Police car fleet, had to replace a third of the DPW fleet and partnered with the State on several REDI projects. Finally, Supervisor Seeley stated how much of the dollar goes to the four (4) Town districts: 62.9% goes to the School District; the County receives 18.5%; the Fire District receive 6.9%; and the Town receives 14%. Budgets to be reviewed: Recreation: The Bureau of Playgrounds and Recreation is responsible for managing and operating the numerous recreation programs offered by the Town at various locations, including the Irondequoit Senior Center. Programs managed by this bureau include summer playground camps, seasonal recreation camps, educational programming, athletic camps, and the Senior Nutrition Program. The Parks and Recreation bureaus have been separated, with each having its own department. Many of the budget lines have been moved to one or the other. Revenue for Playgrounds and Recreation is listed at $690,223, increased from 2020; expenses are $1,824,491, also increased from 2020. The Net Expense to Tax Levy is $1,134,268. The Town will be opening the new Irondequoit Community Center in the spring of 2021. Director Hall will be looking to hire several individuals to handle the increased memberships and also to reach out to the community to let them know the different types of memberships available. The programs will be all inclusive, for all abilities. She is budgeting for the possibility that programs will return when COVID-19 restrictions are lifted. Contracted services line has increased, along with advertising and insurance costs. Ms. Hall noted that the lunch program for seniors is run with a grant. No one is turned away due to financial problem. Recreation Programs for the Aging: This budget provides a variety of recreational and social activities for the enjoyment of the elder population in Town. Revenue for this budget is $76,289, an increase of $10,000 from 2019; expenses are $151,844, down by 11%; and the net cost to the Tax Levy is $75,555. Senior Nutrition Program: This program provides a Monday through Friday mid-day meal for all those eligible under the criteria established by the Monroe County Office for the Aging. 2021 revenue is $102,294; expenses are $132,024; and the Net Cost to the Tax Levy is $29,730. Revenue is derived from fees and Federal Aid for the Aging Program. Senior Sandwich and Coffee Program revenue increased by $1,000. Staffing remains the same. BUDGET WORKSHOP MEETING OCTOBER 19, 2020 155 Parks and Cemetery: Parks: The Parks Bureau is responsible for management and maintenance of the Town parks, park facilities and sports fields. Facilities managed by this Bureau include the cabins and fields at Camp Eastman, McAvoy Park and the many neighborhood playgrounds and sports fields throughout the Town. The net cost to the Town Property Tax Levy for the Bureau of Parks for 2021 is $920,566. Revenue is stated at $80,685; expenses are $1,001,251. Several of the Parks lines have been moved to Recreation. Revenue from the charges for the boat launch rose by 30% and sale of equipment rose by $2,400. Historian: The Historian is responsible for cataloging the history of the Town and presents historical facts to the community through presentations and publications. The Historian also operates the Pioneer House and Blacksmith Shop, both of which are located on the grounds of the Town Hall, in conjunction with the Irondequoit Historical Society. Expenses for the 2021 total $13,475, the Net Cost to Property Taxpayers is $13,475. The Town will post for a new Historian as Pat Wayne, the former Historian, retired. $10,000 will be taken out of this budget and reallocated to contracted services for repair to the mausoleum. Cemetery: The Irondequoit Cemetery is located on Culver Road and consists of a mausoleum, columbariums and traditional grave sites. Revenue for 2021 is $94,000, down 30% from last year; expenses are $224,784, down 16%; and the Net Cost to the Tax Levy is $130,784, also down from last year. Building Maintenance/Town Hall: This office is responsible for the cleanliness and maintenance of the Town Hall, Public Safety Building, the Library and for the Community Center that will open in 2021. Expenses for the Town Hall total $324,235, increased by 17%; Net Cost to the Tax Levy is $324,185. A $50 fee is revenue for Town Hall building rental. Personnel expenses were increased to cover new staff for the new Community Center. Building Maintenance/Public Safety Building: There is no revenue in this budget. Total expenses and Net Cost to the Tax Levy are $246,705. Building Maintenance/Library: This budget lists interfund revenue of $105,827 and expenses of 105,827, a 3% increase from last year. Building Maintenance/Community Center: For 2021, expenses are $138,442. The total cost for all buildings expenses is $815,209; total revenue is $105,877. Staffing consists of one custodian and two full-time light laborers; two full-time light laborers will be added. Community Services/Street Lighting: The Town provides street lighting to facilitate traffic flow and help reduce nighttime traffic accidents, aid in crime prevention and police protection and promote community pride and neighborhood spirit. The Town leases the streetlights and appurtenances from the Rochester Gas & Electric Corp. (RG&E) and pays RG&E the electricity and maintenance costs. RG&E owns, operates and maintains the equipment. The lighting expenses are paid partly through the general fund, which is financed by the general real property tax levy, and partly through twenty-eight (28) special lighting districts, which serve residents in particular neighborhoods and are financed through special assessments on the particular properties. The Town-wide district benefits the public as a whole and includes lighting of arterial streets and highways and area lighting at various public places and Town facilities. The 2021 expenses for the Special Districts are $354,450. Public Works: The Department of Public Works is responsible for maintaining the Town’s public infrastructure, which includes streets, sidewalks and sewer system. The Department also plans for and executes the Capital Improvements Program to preserve these facilities and property values, while creating a safe and high-quality environment. The Public Works Department makes up 34.9% of the Town’s budget. The Bureau of Public Works includes: Public Works Administration, Town Engineer, Operations Center, Central Communications, Traffic Control, Sidewalk Plowing, Sidewalk Maintenance and Construction, Solid Waste Management and Tree Program. The net cost to the Town Property Tax Levy for 2020 for the DPW General Fund is $1,980,200; revenues for 2020 are $200,220 and expenses are $2,180,420. The net cost to the Town Property Tax Levy for Public Works Highway Funds for 2020 is $3,910,416; revenues are $1,471,408 and expenses are $5,381,824. In Public Works Administration, the net cost to the Town Property Tax Levy is $246,751. Revenues for the 2021 Budget are $15,000 for solid waste fees and fees from tree contractor licenses. Solid Waste fees were increased by $3,000. Expenses for 2021 are $261,751, increased by 16%. The Engineering budget provides engineering services under a contract with a local engineering firm and includes design and construction management of all major capital improvement projects. Support is available to the Town in the fields of civil, sanitary, mechanical and electrical engineering, as well as architecture. $16,000 has been budgeted for expenses for professional services. LaBella is the Town’s engineering firm. Commissioner Kiley stated that his staff will do more of the work and LaBella will review that work. The Operations Center budget includes the costs of maintaining the Operations Center at 2629 East Ridge Road. The buildings house several activities including equipment maintenance garages, equipment storage, materials stockpiles, salt storage, sign shop and the Public Works Personnel Center. Revenues for 2021 are $145,791, coming from Rental of BUDGET WORKSHOP MEETING OCTOBER 19, 2020 156 Property, Interfund Transfers and Shared Service Charges. Expenses are $619,732 and the Net Cost to the Tax Levy is $473,941. The Communications budget includes the costs of operating the communication radio system used by several Town departments. Expenses for 2021 are listed at $27,280 for equipment, services and supplies. The Town’s system will be going digital in 2021. The Net Cost to the Property Tax Levy is $27,280. The Traffic Control Division is responsible for installation and maintenance of traffic control and delineation devices, such as STOP, CROSSWALK, NO PARKING and NEIGHBORHOOD WATCH signs, crosswalk and other street painting and barricades for the protection of pedestrian and street traffic. Expenses for 2021 and the Net Cost to the Tax Levy are $140,654. Under Sidewalk Plowing: Expenses and Net Cost to the Tax Levy total $120,193. Under Sidewalk Construction, expenses are $228,457, down by 9%. The Net Cost to the Property Tax Levy is also $228,457. Under Solid Waste, revenues from licensing fees from trash haulers in Town and from sale of equipment are $4,000. Expenses are $304,783. The Net Cost to the Town Property Tax levy is $300,783, an increase of 12%. Expenses in the Contracted Services line was increased by $22,000 and milling was sold for $3,500. Printing services rose from last year by $8,000, partly to print up information sheets for residents regarding programs offered. The Tree Program is responsible for protecting and maintaining approximately 16,000 trees on Town public property and along public road rights-of-way. Program is going well. It includes trimming and pruning, as well as removal of dead trees and stumps and restoration of ground. Expenses in this Program are $430,676, slightly down from last year’s expenses. Net Cost to the Tax Levy is $430,676. Staffing for this program remains the same. Total Public Works General Fund Component Costs- -$2,149,526; Total Public Works General Fund Component Revenues--$164,791; Total Public Works Net Cost to the Town Property Tax Levy--$1,984,735. Highway Maintenance: Irondequoit has 164 centerline miles of Town roads. The budget for Highway Maintenance 1 includes the cost of road repair and maintenance, as well as the debt service on highway capital improvements. The Highway 1 expenses for 2021 are $3,266,725; revenues are $1,089,652, down by 66%. This is due to the uncertainty of receiving grant funding for 2021 and services to other government entities is down by $45,000. The Net Cost to the Town Property Tax Levy is $2,177,073. The budget for Highway 3 includes the costs of maintaining and repairing all Public Works highway equipment and vehicles used by other departments. The non-highway equipment is charged back to the other departments and other parts of Public Works. This budget also includes the cost of debt service on financing of equipment which has been bought through debt issuance. This budget has expenses at $1,195,444; revenues at $80,760, leaving a Net Cost to the Town Property Tax Levy of $1,114,684. Revenue from Charges from Other Departments was increased by 21% and Service to Other Governments was increased by $1,500. Expenses for Contracted Services was reduced to $2,500. The budget for Highway 4 includes the costs of rights-of-way maintenance (cutting grass and brush) and winter maintenance (removal of snow and ice). The Town provides winter maintenance on Monroe County roads within the Irondequoit borders and on selected New York State roads. It is reimbursed by the County and State for those efforts. The expenses for 2021 in this budget are $1,110,531. Revenues are $362,530, generated from contracts with Monroe County and the State, Interest and Earnings and Minor Sales. The Net Cost to the Town Property Tax Levy is $748,001. Health care expenses rose by 49%. The Storm Water Drainage District is a special assessment district financed by a charge per parcel of real property. This district is responsible for maintenance and improvements related to storm water drainage and runoff in Irondequoit. Since these charges are paid by the special assessment, the costs are excluded from the Town Property Tax Levy. There are 155 miles of storm water sewer. The staffing in this district remains the same. The total expenses for this budget are $875,915, an increase of 4% from last year. Total revenues from Interest & Earning and Sale of Equipment total $23,000. Consolidated Sewer District’s budget includes the costs of operation and debt service for the Town-wide sanitary sewer district. This District is financed by a special assessment sewer-use charge. The costs from this district are excluded from the Town’s Property Tax Levy. Revenue from this budget for 2021 is $98,549. Expenses are listed at $4,093,969. The Net Cost to District Rate Payers is $3,945,420. Commissioner of Public Works Robert Kiley stated that Joe Lobene, a long-term employee, will be retiring soon and they have begun planning for his buyout. Revenue from selling equipment is down by 25%. Sewer District Administration budget includes costs that are not directly related to the maintenance, service or pump operations. These costs include personnel scheduling, dispatching, equipment management, purchasing, accounting, tax billing and customer assistance. The expenses in this budget for 2021 are $462,590. Staffing includes a Commissioner, Deputy Commissioner, Secretary to Commissioner, Account Clerk and Planning Assistant. Sewer Maintenance budget includes the cost of maintenance and repair of 171 miles of sanitary sewer. Sewage is conveyed through this system to the Monroe County Pure Waters Van Lare Treatment Plant. This program conducts a preventive maintenance program to prevent failures or collapse. Staffing remains the same. Expenses in this budget total $1,071,038. Sewer Service provides an on-call response to residents who experience sewer back-ups, unusual BUDGET WORKSHOP MEETING OCTOBER 19, 2020 157 odors or other problems. This service is limited to residential properties and is done at no charge to the users. The expenses in this line are $1,251,799 and staffing is consistent with 2020. Pump Station Operation and Maintenance budget covers the costs of maintaining the 26 pumping stations. The expenses for this operation are $489,613 for 2021, slightly ahead of the 2020 budget figure of $480,563. Debt Service includes financing for sewer district improvements and is aided by funding from the State Environmental Facilities Corp. The Town borrows interest- free in the short term and at 50% of the market rate for long-term debt. The total principal and interest on debt for 2021 is $818,929, down from $890,752 last year. Total expenses for Consolidated Sewer District departments are $4,093.969; total revenue is $50,000 with Net Cost to District Rate Payers at $3,945,420. Human Resources: This Department is responsible for all personnel functions, including employment, compensation/benefits, payroll, staff development, employee relations, labor relations, contract administration and negotiations. It is the liaison with Monroe County Civil Service involving civil service law, procedures, job descriptions and classifications. This Department is also responsible for the development and administration of Human Resource policies and procedures and for ensuring compliance with applicable State and Federal labor laws. Staffing for 2021 includes three (3) full-time employees and two (2) part-time employees. Revenues for this Department are $67,114, which come from chargebacks from the Sewer Department and from Interfund Revenue from Sea Breeze Water District. Expenses are $315,762 and the Net Cost to the Town Property Tax Levy is $248,648. Director of Human Resources Jason Vinette announced that Payroll Clerk Diane Pfluke will be retiring at the end of November and going part-time. Denisse Ramos, who works in the Recreation Department, will be taking the full-time Payroll Clerk position. Town Clerk: The Town Clerk’s Office is comprised of four departments: Elections, Records Management, Receiver of Taxes and Town Clerk. The Clerk’s Office has four (4) full-time employees, two (2) part-time clerks, as well as one (1) seasonal employee. The duties of the Clerk's Office include sale of various licenses and permits, sale of cemetery plots, coordinating burials with funeral homes and Cemetery staff, and passport processing. In addition to collecting Town/County property taxes and School taxes, the Clerk’s Office collects payments for Sea Breeze Water District. The tentative 2021 cost to Town Property Tax Levy for the Town Clerk is $285,324. Total revenue for the Town Clerk is $177,117, total expenses are $462,441. Expenses for the Elections, budgeted for $76,000, are fully reimbursed by the Monroe County Board of Elections. Town Clerk Genier noted that her department is looking to hire a full-time Clerk and eliminate one part-time position. Comptroller: The Comptroller is responsible for daily financial operations, preparing financial reports, preparing periodic financial reports, preparing for the financing of capital improvements through bond and note issues, administering the NYS Environmental Facilities Corp. loan program for Consolidated Sewer District capital improvements, administering the federal Community Development Block Grant, investing idle funds, preparing annual budgets and overseeing the annual audit at the end of each fiscal year. Revenue for the Comptroller’s budget comes from Community Development Block Grant chargebacks, chargebacks from the Sewer Fund, Interfund Revenues from Storm Water Drainage and Sea Breeze Water. The revenues are $208,608; expenses are $477,367. The Net Expense to the Property Tax Levy is $268,759. Expenses that have increased include Software Licensing and Copier Maintenance. Attorney: The Attorney for the Town (Harter Secrest & Emery LLP) provides general counsel to the Town Board, as well as prosecutorial services. The Deputy Town Attorney (part-time) provides legal counsel to the Zoning and Planning Boards. For special counsel, the Town contracts with other law firms. The 2021 tentative budget for all legal services is $338,000, on par with last year. Supervisor: The Town Supervisor is a member of the Town Board and is elected at-large to represent all residents of the Town. The Supervisor is the presiding officer at all meetings of the Town Board and serves as the liaison between the Town government and community organizations, boards, commissions, citizen groups and other government agencies. The Supervisor is also the Chief Administrator and Fiscal Officer of the Town and is responsible for implementing policies established by the Town Board for operational and fiscal matters of the Town government. Supervisor Seeley serves the second largest town in Monroe County. There are three staff members—the Supervisor, Assistant to the Supervisor and Secretary to the Supervisor. The Assistant and Secretary are now included in the Supervisor’s budget. The 2021 expenses are $276,379. This is increased from $166,366 in 2020. BUDGET WORKSHOP MEETING OCTOBER 19, 2020 158 Town Board: The Town Board consists of the Town Supervisor and four (4) council members, all of whom are elected and represent the residents of Irondequoit. The Board is the legislative body of Town government. The tentative 2021 budget is $145,384, up by 4% in 2020. Unallocated Revenue: While many revenues result from department operations and are properly associated with department expenses, several major revenues cannot be allocated to departments. They are properly listed as unallocated or general revenues which underwrite the cost of the entire Town government, except for special assessment districts, without regard to particular departments. The 2021 tentative budget for Unallocated Revenue is $7,398,416, down by 6%. Unallocated revenues come from various sources, such as: COMIDA and other tax payment agreements, tax collection installment fees, franchise-cable TV revenue, investments interest, State Aid and mortgage tax. Revenues from sales tax decreased by 8%; mortgage tax rose by 10%; revenue from PILOT payments are on par with last year. COMIDA payments increased by 14%. Unallocated General Expenses: The accounts in this Department include costs budgeted in the General Fund which are not included in the Town Department budgets. The Debt Service (General Fund) total for 2021 is $32,240; the general liability insurance premium that is not allocable to departments is $126,495. The cost for central printing and mailing is $10,500. General unallocated expenses total $74,850. Included in this category are Municipal Association Dues, Judgments and Claims, Purchase of Land, Taxes and Assessments, Property Appraisal and Contingency Account Expenses. The total net cost to the Town Property Tax Levy for 2021 is $244,085, down from last year by 8%. This is due to the COVID-19 pandemic that began in March of this year. The changes made to the Tentative Budget at these budget workshops will be incorporated into the Preliminary Budget, which will be voted on at a Special Town Board Meeting on November 4, 2020. Respectfully submitted, Barbara Genier, Town Clerk REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 159 Regular Town Board Meeting of the Town Board of the Town of Irondequoit held at the Irondequoit Town Hall on the 20th day of October 2020 at 7:00 P.M. PRESENT: David Seeley Town Supervisor Patrina Freeman 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, Deputy Commissioner of Public Works Erin Magee, Director of Community Development Kerry Ivers, Comptroller Diana Marsh, Chief of Police Alan Laird, Director of Recreation Katrina Hall, Director of Human Resources Jason Vinette, Director of Administration Maria Vecchio, Assessor Amy Jorstad, Attorney for the Town Andrew Dean and Town Clerk Genier. SUPERVISOR’S REMARKS AND ANNOUNCEMENTS: *Supervisor Seeley stated that this meeting is being conducted in compliance with Open Meetings Law with some deviation due to the flexibility allotted to Executive Order 202 of 2020 relevant to the ongoing COVID-19 crisis. *He commented that there will be eight (8) Public Hearings held this evening. *Supervisor Seeley announced that Early Voting would be starting on Saturday, October 24th and run through November 1st. The times vary so people interested in voting this way can contact the Board of Elections. The Irondequoit Public Library is one of the Early Voting sites. *There will be two (2) Proclamations adopted this evening. The first is for Red Ribbon Week, October 23 to October 31st. The Town is committed to helping with this cause. The Proclamation was adopted by a motion made by Councilmember Romeo, seconded by Councilmember Wehner, with a unanimous “yes” vote. The second Proclamation is for ICARE (Irondequoit Commission Advancing Racial Equaity). Steps are being taken to embrace principles for a diverse population. A committee of three chairpersons, including Councilmember Freeman, and fifteen members was created that will focus on ways to embrace all cultures and help the community move forward with steps to achieve equality. The Proclamation was adopted by a motion made by Councilmember Perticone, seconded by Councilmember Romeo, with a unanimous “yes” vote. PUBLIC INPUT: Supervisor Seeley noted that he did not receive any emails directed to supervisor@irondequoit.org from individuals wishing to share comments at Public Input. FINANCIAL REPORT: Comptroller Diana Marsh reviewed the Financial Report as of September 30, 2020. Total expenses and encumbrances were 67.8% of budget, lower than the percentage of year elapsed of 75%. Actual expenses were 61.3% of budget; encumbrances were 6.5% of budget. Encumbrances are still 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. Expenses in the General Fund were at 66.2% of budget. Actual expenditures were 61.9% of budget; encumbrances were 4.3% of budget. Expenses in the Highway Funds were at 76.6%. These costs are typically driven by salt, gas, fuel, roadwork, paving services and materials, such as oil and stoning and asphalt. Expenditures in the Library were at 64.6%. The Sewer Fund expenses were at 67.6% of budget; expenses in Stormwater Drainage total 65.9% of budget. Included in Drainage is a $386,000 expense for a vactor truck. Again this month, expenses, excluding encumbrances for the Town, as well as the three major funds, are less than the 75% of the year that has elapsed. The actual expenditures percentage, exclusive of encumbrances, for the Town is 61.3%; the General Fund is 61.9%; Sewer is 65.1%; and the collective Highway funds is 54.3%. The General Fund revenue received was 72.3% of budget. $11.2M of real estate tax has been received, 100% of budget. 101.1% of PILOT revenue has been received. Five months of Sales Tax totaling $1,604,000 was received, 31% of budget. Mortgage Tax for the 1st quarter of $249,000 has been received, 30.6% of budget. $341,000 of Franchise Cable TV revenue was received in September, representing the first half of the year. State Aid of $613,000 is scheduled for payment in December. Regarding the entire Town, 79.2% of revenue and appropriated fund balance has been received to date. Approximately $17.5M of the amount received is Real Estate Tax and Special District Assessments. The Library has received 95.7% of its revenue budget; 82.8% of budgeted revenue is in for Highway Funds. The Sewer District has received 100.4% of that fund’s budget; and Stormwater Drainage is at 101.1% of its revenue budget. Comptroller Diana Marsh then reviewed the third quarter year-to-date summary and comparison to the prior six (6) years. Note, the 2017 percentages are skewed by fire-related activity. Regarding expenditures by Fund, the overall 67.8 % of total budget spent and encumbered is REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 160 slightly lower than prior years. The General Fund Revenue for 2020 is 72.3%, lower than the six previous years. This is primarily due to COVID-19 and the NYS on PAUSE Executive Order. Most evident are the reductions in the recreation fees which were reduced by approximately 40% and Court Fines reduced by about 23%. As revenues were reduced, so were expenditures. The Per Capital State Aid of $613,000 has not been received yet. The Other Fund Revenue for 2020 is 79.2%, also lower than the prior six years. The Highway, Sewer and Drainage funds are performing on par with prior years. On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, the financial report was accepted. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED APPROVAL OF MINUTES: On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the minutes from the September 8, 2020 Workshop Meeting were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, the minutes from the September 15, 2020 Regular Town Board Meeting were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the minutes from the October 8, 2020 Special Town Board Meeting were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED ITEMS FOR BOARD ACTION: 10A2020-1 RESOLUTION APPROVING THE APPOINTMENT OF A PART-TIME/ON- CALL DOG CONTROL OFFICER IN THE IRONDEQUOIT ANIMAL CONTROL DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Suzanne Nugent as part-time/on-call Dog Control Officer. Director of Human Resources Jason Vinette explained that the Town has been looking to fill this position and has recommended Suzanne Nugent. This position will be funded with budgeted funds. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-258 10A2020-2 RESOLUTION AUTHORIZING THE APPOINTMENT OF MEMBERS TO THE IRONDEQUOIT PUBLIC LIBRARY BOARD OF TRUSTEES On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointments of Betty Brewer Johnson, Rachel Snyder and Phil Harriman to the Irondequoit Public Library Board of Trustees with terms expiring October 20, 2023. Supervisor Seeley stated that one of these appointments fills a vacancy due to a resignation submitted earlier this year. The Library Board of Trustees did vote to expand their membership to nine members. He said there was good interest from the community. He reminded people that these are unpaid position and stated that the Town is very proud of the Irondequoit Public Library. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-259 REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 161 10A2020-3 RESOLUTION APPROVING THE PERMANENT APPOINTMENT OF A FULL-TIME OFFICE ACCOUNT CLERK IN THE IRONDEQUOIT RECREATION DEPARTMENT On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted approving the permanent appointment of Rebecca Sheldon as a full- time Office Account Clerk. Due to a retirement, there is a need to hire a full-time Office Account Clerk in the Recreation Department. Ms. Rebecca Sheldon is reachable on the civil service certified list. With the retirement of Diane Pfluke in the Human Resource Department, Ms. Denise Ramos will take a lateral move from the Recreation Department over to Human Resources. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-260 10A2020-4 RESOLUTION APPROVING THE APPOINTMENT OF TWO ACTING POLICE LIEUTENANTS IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the appointment of Kenneth W. Gorton and Andrew Whitaker as acting Police Lieutenants. Chief of Police Alan Laird explained that there are currently two vacancies for Police Lieutenants in the Police Department. All qualified candidates were interviewed with Sgt. Gorton and Sgt. Whitaker being recommended. All candidates will rotate through these two Lieutenant positions over the next year to see how each will work. Supervisor Seeley explained that these appointments are temporary and will be reviewed next year. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-261 10A2020-5 RESOLUTION AUTHORIZING THE APPOINTMENT OF A MEMBER TO THE TOWN ZONING BOARD OF APPEALS On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Isaac Elliott to the Zoning Board of Appeals to expire on December 31, 2025. Supervisor Seeley noted that a Board Member moved out of Town, creating a vacancy on the Board. Mr. Elliott was recently appointed as the Alternate of this Board and will become a permanent member to the Board. As the Alternate member, Mr. Elliott gained a lot of knowledge regarding the Zoning Board which will help in his permanent appointment. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-262 10A2020-6 RESOLUTION AUTHORIZING A SETTLEMENT AGREEMENT WITH ROCHESTER FOOT CARE ASSOCIATES, LLP On a motion made by Councilmember Wehner, seconded by Councilmember Perticone, a resolution was adopted approving a settlement with Rochester Foot Care Associates, LLP. Assessor Amy Jorstad explained that this resolution will settle an Article 7 that was brought for the 2019 tax year. This property was a residence that was converted into a doctor’s office. A grievance was brought in 2020 and an agreement was reached on a fair market value of $250,000. This agreement will hold through 2022. The Town will incur refunds of $457.81. Town Board Member Wehner voting Aye Town Board Member Perticone voting Aye Town Board Member Romeo voting Aye Town Board Member Freeman voting Aye Town Supervisor Seeley voting Nay REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 162 Resolution Number 2020-263 10A2020-7 RESOLUTION PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW ACT COMPLIANCE IN THE MATTER OF REZONING A PORTION OF 2590 CULVER ROAD FROM R-1 RESIDENTIAL TO R-5 RESIDENTIAL On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted declaring itself Lead Agency for the purposes of SEQRA and adopting a Negative Declaration for the rezoning and determining that no Environmental Impact Statement is required. Director of Community Development Kerry Ivers explained that this resolution relates to the SEQRA review associated with the action to rezone that portion of 2590 Culver Road from R-1 Residential to R-5 Residential to allow for multi-family housing. This is an UNLISTED ACTION. Both the Zoning and Planning Boards agreed to the Town Board serving as Lead Agency on this matter. Director Ivers stated that the rezoning is supported in many locations of the Town’s Master Plan in order to expand the housing type and development density of Irondequoit. The goal is to offer affordable housing to middle-class people, particularly health care workers. Supervisor Seeley stated that Irondequoit embraces a variety of housing opportunities and noted that the median sale value in Irondequoit has gone up over the past three years by 38% while income has propably not. After reviewing the Environmental Assessment Form and considering the potential environmental impacts for rezoning this property, it was determined that the proposed action will not result in any significant adverse environmental impacts. A Negative Declaration for purposes of SEQRA is recommended. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-264 10A2020-8 RESOLUTION APPROVING AN APPLICATION ON THE MATTER OF REZONING A PORTION OF 2590 CULVER ROAD FROM R-1 RESIDENTIAL TO R-5 RESIDENTIAL On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving rezoning from R-1 Residential to R-5 Residential and adopting a local law amending the Official Zoning Map of the Town of Irondequoit to rezone a portion of 2590 and 2662 Culver Road. Supervisor Seeley explained that this resolution would approve the rezoning of 2590 and 2662 Culver Road from R-1 Residential to R-5 Residential. Application was also referred to the Town Planning Board and Monroe County Planning Department for review. A positive referral was given. A Public Hearing was held last month as required in these matters. Supervisor Seeley stated that he feels this is a good use of the parcel, focusing on affordable housing for the middle- class people. It is necessary to modernize the housing stock in Irondequoit. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-265 10A2020-9 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND TOWN CODE CHAPTER 235, ARTICLE IV, R-R, R-1, R-2 AND R-3 RESIDENTIAL DISTRICTS On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, a proposed local law, made available to the Town Board members, was advanced to amend Town Code Chapter 235, Article IV, R-F, F-1, R-2 and R-23. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted scheduling a Public Hearing on this matter for November 17, 2020 at 7:37 p.m. Supervisor Seeley stated that the Town Zoning Code is archaic and in need of updating. The Public Hearing will take place on November 17, 2020 at 7:37 p.m. Director of Community Services Kerry Ivers explained that the modifications would add to the usages contemplated in REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 163 neighborhood settings. These would include tiny houses, day care centers and non-profit offices. The revisions would also clarify confusing language and make the rules much more clear. The allowable building height was increased to meet current building standards and to mirror other Towns. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-266 PUBLIC HEARINGS 10PH2020-2 ON THE MATTER OF AMENDING A FRANCHISE AGREEMENT 7:36 PM WITH VERIZON WIRELESS TO OPERATE WITHIN TOWN RIGHTS OF WAY On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Public Hearing was opened at 7:36 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Commissioner of Public Works Robert Kiley explained that the Town entered into an agreement with Verizon Wireless in the spring of 2019 to install small cell wireless facilities in various Town rights-of-ways. The small cell 5G communication towers were to be installed on existing or new utility poles. Verizon Wireless now wishes to amend the agreement to increase the number of facilities allowed. The Town currently has eight small cell facilities located in the Town. This is a dual permitting process with the Highway Department and Building Department, as well as a zoning component regarding the height and location of the small cells. Supervisor Seeley added that the agreement has been an example for other Towns to mirror. Public Hearing Public Input: Richard Barone, 154 Allwood Drive, spoke against amending the Franchise Agreement with Verizon Wireless. This is a safety issue for him. He didn’t know about this project, nor did a lot of his friends. Putting up hundreds of telephone poles is premature. Many scientists feel that 5G is not safe; the FCC is being sued because it failed to investigate 5G. He doesn’t believe the people in Irondequoit have been made fully aware of the impact of 5G. He said when hundreds of these devices are up, no one knows what will happen long term. If something happens in the future, the Town will be responsible. He asked if the Town really needs this and to review the matter further. Carol LaRosa, 47 Coolidge Road, spoke against the Franchise Agreement amendment with Verizon Wireless. She said there were major health problems with 5G. Four states have put the 5G rollout on hold until further information is forthcoming proving that this technology is safe. The FCC is currently in litigation regarding its false statements regarding the safety of 5G. Data is being used from 1996 that did not include the effects from 2G, 3G or 4G technology. She asked that the Board review information before voting on this issue. She stated that an amendment to the Agreement was being requested to increase the number of 5G antennas from 150 to an undetermined amount; she would like that number. Ms. LaRosa commented that she left messages for several Town staff who did not return her calls. She also stated that she could not find any information on this project on the Town’s website. She asked that the process of notification be more transparent. She asked the Board to do its due diligence before moving on with this project. The Attorney for the Town commented that the Federal Law preempts the Board from considering the health effects of 5G wireless when making a determination for the SEQR review of the Franchise Agreement. As long as the wireless facilities comply with Federal emission standards, the Town Board cannot consider the health effects of radio frequency emissions in approving or disapproving the SEQR resolution. Supervisor Seeley stated that in the past two years since this issue came before us, the Board has looked at both sides of the issue, listened to the public and made a determination based on that. They looked at a survey and assessment with great care before voting on the Franchise Agreement resolution. This matter has nothing to do with franchise fee revenue; it has to do with public policy. Supervisor Seeley also commented that the Town is very transparent when publicizing when Public Hearings are going to take place. The information is on the Town website, published in the Town’s official newspaper and placed on the Town’s bulletin board. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Public Hearing was closed at 7:58 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 164 10PH-2A RESOLUTION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT WITH RESPECT TO THE PROPOSED AMENDMENT OF A FRANCHISE AGREEMENT WITH VERIZON WIRELESS TO OPERATE WITHIN VARIOUS TOWN OF IRONDEQUOIT RIGHTS OF WAY On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the adoption of the Negative Declaration for an increase in the number of small cell wireless facilities in various Town of Irondequoit Rights of Way. Commissioner of Public Works Robert Kiley explained that this action will revise the Franchise Agreement with Verizon Wireless to allow for the installation of an undetermined number of small cell devices within the Town’s rights-of-way. He noted that if a new pole is installed, the old pole will be removed. For purposes of SEQR, this is an UNLISTED ACTION and will not have any significant impacts to the environment. A Negative Declaration is recommended. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-267 10PH-2B RESOLUTION AUTHORIZING THE SUPERVISOR TO AMEND A FRANCHISE AGREEMENT TO OPERATE WITHIN TOWN RIGHTS-OF-WAY On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the adoption of the Negative Declaration for an increase in the number of small cell wireless facilities in various Town of Irondequoit Rights of Way. Supervisor Seeley explained that a Public Hearing was required before action could take place on this matter. He added that the Town Board takes decisions on these matters very seriously and has done a lot of assessment regarding this issue over the past two years. The work that Irondequoit has done on this matter is a framework for other municipalities. Irondequoit has to be competitive with other Towns to attract new home buyers. The Town needs to move forward and technology is a part of that. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-268 10PH2020-4 ON THE MATTER OF AUTHORIZING IMPROVEMENTS TO THE 7:38 PM TOWN OF IRONDEQUOIT CONSOLIDATED SEWER DISTRICT On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, the Public Hearing was opened at 8:04 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Commissioner of Public Works Robert Kiley explained that the Town seeks to bond $500,000 for improvements to the sanitary sewer system. A Public Hearing is required before action can be taken. These funds are used to repair or reconstruct mains and laterals throughout the Town. Public Hearing Public Input: No one came forward to speak for or against the matter. On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the Public Hearing was closed at 8:05 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED 10PH-4A RESOLUTION PURSUANT TO SECTION 202-B OF THE TOWN LAW DETERMINING THAT IT IS IN THE PUBLIC INTEREST TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN’S CONSOLIDATED SEWER DISTRICT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted determining that this Project is a Type II action and needs no further action taken by the Town Board under SEQRA. REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 165 Commissioner of Public Works Robert Kiley explained that this action will replace and/or reconstruct mains and laterals in the sanitary sewer system throughout the Town. The Town is looking to bond $500,000 for this project. Councilmember Romeo stated that these measures are critical in maintaining the infrastructure of the Town. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-269 10PH-4B RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $500,000 IN SERIAL BONDS OF THE TOWN TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN’S CONSOLIDATED SEWER DISTRICT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to execute whatever documents necessary to effect the issuance of $500,000 in serial bonds or bond anticipation notes to finance certain improvements to the Town Consolidated Sewer District consisting of the reconstruction and/or replacement of sanitary sewer mains and laterals through the Town. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-270 10PH2020-5 ON THE MATTER OF AUTHORIZING FINANCING FOR THE 7:39 PM REPLACEMENT OF THE WATER MAIN ALONG SENECA ROAD On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Public Hearing was opened at 8:10 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Commissioner of Public Works Robert Kiley explained that this project is not to be undertaken by the Town of Irondequoit; it will be undertaken by Sea Breeze Water District. The Town is the bonding agent for the project on behalf of Sea Breeze Water District. Over the past several years there have been major water main breaks along Seneca Road. These breaks have caused damage to the surface of the Road. A retaining wall was constructed several years ago but there has still been water main breaks. This bond would finance $500,000 for the construction of a new water main for the entirety of Seneca Road. The Sea Breeze Water District has retained LaBella Associates as their architect and engineer. Public Hearing Public Input: Tony DeSanctis, 652 Seneca Road, lifelong resident of Irondequoit and member of Mohawk Yacht Club, strongly supports this project. He stated that there has been a number of slope erosion problems in the past and the residents believe there is concern for more significant damage with the next water main break. The residents are concerned that Seneca Road may be unstable and a house could be damaged with the next water main break. He is requesting that the stabilization of Seneca Road be completed as soon as possible. Priscilla Imburgia, lives at bottom of road, stated that she is in favor of the project. She is concerned with things that are unseen with this project. She wondered what will get fixed first— the steep slope or the water main. She would like to see some facts from the engineer regarding this project. She feels the patching that has been done in years past has been inadequate. Supervisor Seeley stated that this resolution authorizes the financing of the work to be done. Renee Spang, 586 Seneca Road, stated that she is a member of the Mohawk Yacht Club. She is in favor of the project and is looking to buy property on that road. She feels there should be more transparency about the project. She mentioned that there was a house that was destroyed and ultimately purchased by the County. She feels that it is in the Town’s best interests to fix this problem. On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, the Public Hearing was closed at 8:24 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 166 10PH-5A RESOLUTION PURSUANT TO SECTION 202-B OF THE TOWN LAW DETERMINING THAT IT IS IN THE PUBLIC INTEREST TO UNDERTAKE THE REPLACEMENT OF THE WATER MAIN ALONG SENECA ROAD On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted determininbg that the project constitutes a “Type II” action under SEQRA and no further action is needed in order to adopt this resolution. Commissioner of Public Works Robert Kiley explained that the partnership formed with Sea Breeze Water District and the Town needs to have this work done. This resolution determines that it is in the best interest of the Town to replace the water main along Seneca Road. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-271 10PH-5B RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $500,000 IN SERIAL BONDS OF THE TOWN TO UNDERTAKE THE REPLACEMENT OF THE WATER MAIN ALONG SENECA ROAD On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the Town to undertake the project and issue up to $500,000 in serial bonds or bond anticipation notes to finance the project. The bonding of $500,000 for this project is the first step in the process of repairing/ reconstructing Seneca Road. Commissioner Kiley stated that bonding for the water main is first and then bonding for the slope stabilization will be next. Work on the water main will begin in 2021 and for the slope stabilization, in 2022. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-272 10PH2020-6 RESOLUTION ON THE MATTER OF AUTHORIZING 7:40 PM IMPROVEMENTS TO THE TOWN OF IRONDEQUOIT DRAINAGE DISTRICT On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, the Public Hearing was opened at 8:30 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Commissioner of Public Works Robert Kiley explained that this Public Hearing is being held regarding improvements to the Town’s Drainage District. The Town is looking to recontruct storm sewers, install stormwater drainage facilities and conduct various land grading projects relating to drainage, erosion and slope stabilization. The estimated maximum cost for this project is $500,000. These funds will be used to replace broken gutters on local roads, catch basins and other repairs. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Public Hearing was closed at 8:33 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED 10PH-6A RESOLUTION PURSUANT TO SECTION 202-B OF THE TOWN LAW DETERMINING THAT IT IS IN THE PUBLIC INTEREST TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN’S TOWNWIDE DRAINAGE DISTRICT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted determining that the project constitutes a “Type II” action under SEQRA and no further action is needed to be taken by the Town Board as a pre-condition to the adoption of this resolution and determining that the project is in the public interest to undertake. REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 167 The maximum estimate for this project is $500,000. This project would be for various roadways in Town. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-273 10PH-6B RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $500,000 IN SERIAL BONDS OF THE TOWN TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN’S TOWNWIDE DRAINAGE DISTRICT On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted authorizing the issuance of up to $500,000 in serial bonds of the Town to undertake certain improvements to the Town’s townwide Drainage District. Supervisor Seeley explained that it is in the public interest to apprpopriate funds for the project and authorize the issuance of the Town’s serial bonds or bond anticipation notes to finance said appropriation.. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-274 10PH2020-7 ON THE MATTER OF ADOPTING A LOCAL LAW CONCERNING 7:41 PM THE RETENTION AND DISPOSITION OF RECORDS On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Public Hearing was opened at 8:35 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Attorney Andrew Dean explained that the New York Government Record Law requires government to retain local records and to adopt retention schedules in order to dispose of records after the retention period. Since 1987, four different retention schedules have been created. Those retention schedules are now being phased out and adopting a consolidated retention schedule for all municipal governments. The Town needs to adopt this schedule by local law as that is how the original retention schedules were adopted. This resolution will just amend the local law to adopt the schedule LGS-1. Public Hearing Public Input: No one came forward to speak for or against the matter. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Public Hearing was closed at 8:36 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED 10PH-7A RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTER 175, ARTICLE II OF THE CODE OF THE TOWN OF IRONDEQUOIT PERTAINING TO THE RETENTION AND DISPOSITION OF RECORDS On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted adopting Local Law 4 of 2020 amending Chapter 175, Article II, of the Town Code pertaining to the retention and disposition of records; said Local Law will be filed with the NY Secretary of State and posted on Town’s bulletin board. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-275 10PH2020-8 ON THE MATTER OF GRANTING A SPECIAL USE PERMIT FOR 7:42 PM 889 E. RIDGE ROAD IN A C-BUSINESS DISTRICT On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, the Public Hearing was opened at 8:37 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 168 Director of Community Development Kerry Ivers explained that the property in question has been purchased by Joseph Santacroce to operate a used car sales lot which requires a special use permit. The application shows a total of 51 parking spaces consisting of 15 spaces in the front of the building and 36 spaces in the rear portion of the parcel. The Town Planning Board upon their review issued a positive referral for the Special Use Permit. Pursuant to SEQRA, the Special Use Permit is classified as a Type II Action and no SEQRA review is required. There will be no changes made to the building except for signage. The approval is conditioned on the property owner obtaining site plan approval from the Planning Board. Public Hearing Public Input: Joseph Santacroce, 915 E. Ridge Road, the Applicant, stated that he wanted to use the parcel to expand his business. He would like to have 15 spaces in front of the building and 36 spaces in the rear of the parcel. He is not making any changes to the building as it is being used for storage. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Public Hearing was closed at 8:40 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED 10PH-8A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR 889 E. RIDGE ROAD IN A C-BUSINESS DISTRICT On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted approving the Special Use Permit for used car sales, with up to 51 cars on site, with said approval being conditioned on the property owner obtaining site plan approval from the Town Planning Board. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-276 10PH2020-9 ON THE MATTER OF ADOPTING A LOCAL LAW AMENDING 7:43 PM SECTION III OF CHAPTER 93 OF THE TOWN CODE On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Public Hearing was opened at 8:42 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Supervisor Seeley explained that this resolution would amend Section III of Chapter 93 pertaining to the Bow Hunt Program. The proposed amendments would allow the Irondequoit Police Department to designate the location where hunters transport harvested deer and where such harvested deer may be field dressed, and allow the Police Department to establish a Code of Conduct for the participating hunters, which would include behavior while hunting and using best practices while communicating with the public. Public Hearing Public Input: No one came forward to speak for or against the matter. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Public Hearing was closed at 8:46 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED 10PH-9A RESOLUTION ADOPTING A LOCAL LAW TO AMEND SECTION III OF CHAPTER 93 OF THE CODE OF THE TOWN OF IRONDEQUOIT PERTAINING TO THE BOW HUNT PROGRAM On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted adopting Local Law 3 of 2020 amending Section III of Chapter 93 of the Town Code pertaining to the Town’s Bow Hunt Program; said Local Law will be filed with the NY Secretary of State and posted on Town’s bulletin board. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-277 REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 169 9PH2020-3 ON THE MATTER OF REZONING A PORTION OF 2590 CULVER ROAD FROM R-1 RESIDENTIAL TO C-BUSINESS DISTRICT (PUBLIC HEARING WAS HELD OPEN) 10A2020-10 RESOLUTION AUTHORIZING THE CALLING OF A PUBLIC HEARING CONCERNING THE 2021 PRELIMINARY BUDGET On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted scheduling a Public Hearing on the Preliminary Budget showing such changes, alterations and revisions as shall have been made by the Town Board, Comptroller Diana Marsh stated that the Public Hearing will be held on November 12, 2020 at 7:35 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-278 10A2020-11 RESOLUTION APPROVING THE PURCHASE OF ONE 2021 DODGE CHARGER AWD POLICE VEHICLE On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted approving the purchase of one new 2021 Dodge Charger Police Interceptor AWD Vehicle from Lithia Motors Chief of Police Alan Laird explained that it is necessary to purchase a new vehicle and said purchase will be through the NYS contract at an estimated cost of $30,166. Funding is available in the Police Vehicles account. UPON VOTING Town Board Member Wehner Voting Aye Town Board Member Perticone Voting Aye Town Board Member Romeo Voting Aye Town Board Member Freeman Voting Abstain Supervisor Seeley Voting Aye Resolution Number 2020-279 10A2020-12 RESOLUTION CALLING FOR A PUBLIC HEARING FOR THE PURPOSE OF EXTENDING THE CONSOLIDATED SEWER DISTRICT TO HOMES ALONG BAY SHORE BOULEVARD On a motion made by Councilmember Perticone, seconded by Councilmember Freeman, a resolution was adopted calling for a Public Hearing to be held on November 17, 2020 at 7:36 PM on this matter. Deputy Commissioner of Public Works Erin Magee explained that after a review of the map, plan and report, a clerical error was found regarding the cost to the homeowner to extend the sewer district. Said map, plan and report has been corrected and refiled with the Town Clerk and a Public Hearing has been called for November 17th. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-280 10A2020-13 RESOLUTION AUTHORIZING THE SUPERVISOR TO RENEW AN INTERMUNICIPAL AGREEMENT WITH WEST IRONDEQUOIT CENTRAL SCHOOLS On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, a resolution was adopted authorizing the Supervisor to enter into a renewed Intermunicipal Agreement with the West Irondequoit Central School District to perform the cooperative services in such form as approved by the Town Attorney. Deputy Commissioner of Public Works Erin Magee explained that the Public Works Department has performed work for various school facilities, including paving parking lots, installing storm REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 170 sewers and building walkways. This Agreement is for a three-year term. Supervisor Seeley added that these intermunicipal agreements are a good thing for both the Town and school district. The district has the work done at a lower cost and the Town receives revenue. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-281 10A2020-14 RESOLUTION DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted declaring certain equipment as surplus and authorizing the Supervisor to execute and deliver such documentation as necessary to auction said equipment at the next appropriate municipal equipment auction. Deputy Commissioner of Public Works Erin Magee explained that a 1988 Victory Mobile Home is surplus property and will be taken to auction. The winner of the bid will be responsible for transporting the Mobile Home out of Camp Eastman. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-282 10A2020-15 RESOLUTION ACCEPTING GIFT OF ANTIQUE FARRIER EQUIPMENT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted accepting the gift of antique farrier equipment from Donald Newcomb with a donation value of approximately $250. Deputy Commissioner of Public Works Erin Magee explained that Mr. Newcomb donated these items to the Town based on the 1880 to1930 timeframe from which the Cobblestone Blacksmith Shop was operational in Irondequoit. He is anxious to see these items placed into the Cobblestone Blacksmith Shop. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-283 10A2020-16 RESOLUTION AWARDING A BID FOR WHEEL ALIGNMENT SYSTEM On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, a resolution was adopted awarding the bid for the Wheel Alignment System to IEH Auto Parts LLC d/b/a Auto Plus Auto Parts in the amount of $23,635. Commissioner of Public Works Robert Kiley explained that a public bid opening was held on October 9th and the lowest most responsible bidder was IEH Auto Parts LLC d/b/a Auto Plus Auto Parts in the amount of $23,635. Councilmember Romeo thanked Commissioner Kiley stating that the Town will save both time and money with this piece of equipment. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-284 10A2020-17 RESOLUTION AUTHORIZING THE ADOPTION OF A RESOLUTION REGARDING THE AMENDMENT AND RESTATED SANITARY SEWER EASEMENT AT CRANBERRY LANDING On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving and accepting the Amended and Restated Sanitary Sewer Easement from Cranberry Landing. Commissioner of Public Works Robert Kiley explained that an easement was first granted in 2002. The Town was notified that the original easement for the property was incorrect and the easement needs to be amended to correctly identify the location of the sanitary sewer and an encroachment. REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 171 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-285 10A2020-18 RESOLUTION APPROVING A SHARED SERVICES AGREEMENT BETWEEN NYS DEPARTMENT OF TRANSPORTATION AND THE TOWN OF IRONDEQUOIT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the Shared Services Agreement with NYS Department of Transportation in the form approved by the Town Attorney. Commissioner of Public Works Robert Kiley explained that this would allow the State to come to the Town in case of a natural disaster and would utilize both parties’ resources. He noted that the State would come in when no other municipality was able to assist Irondequoit. This Agreement still has some language contained which potentially has liability to the Town with regard to indemnification; he is therefore recommending to the Board that the Supervisor be allowed to execute in case of an emergency. Commissioner Kiley stated that the Town will continue to look to revise the language regarding indemnication. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-286 10A2020-19 RESOLUTION AUTHORIZING THE SUPERVISOR TO APPROVE ADDITIONAL SERVICES FOR THE PERMANENT PUBLIC WORKS FACILITY On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, a resolution was adopted authorizing the Supervisor to approve the additional services related to the design for the permanent Department of Public Works facility and authorizing the Supervisor to execute a change order concerning the same, in an amount not to exceed $20,315.75. Commissioner of Public Works Robert Kiley explained that this resolution allows the additional expense to Bergman Associates due to changes in the initial information. This payment will constitute the final change order and will close out the project. The total maximum value of the additional services is not to exceed $20,315.75. UPON VOTING Town Board Member Wehner Voting Abstain Town Board Member Perticone Voting Aye Town Board Member Romeo Voting Aye Town Board Member Freeman Voting Aye Supervisor Seeley Voting Aye Resolution Number 2020-287 10A2020-20 RESOLUTION AUTHORIZING AN INTERFUND LOAN AND AUTHORIZING THE APPLICATION FOR AN ACCEPTANCE OF $3.17 MILLION WORTH OF GRANT FUNDING FROM THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, a resolution was adopted approving the additional interfund loan from the General Fund to Capital Fund 399 and accepting the Grants for the REDI projects from the Dormitory Authority of the State of New York (DASNY) to increase the resiliency of the Irondequoit Bay State Marine Park and the Culver Road Storm Sewer projects. Commissioner of Public Works Robert Kiley explained that work has already begun on these projects, necessitating interfund loans until the Grants are received. The Town will be reimbursed 95% of the project cost by New York State via two Grant Disbursement Agreements with DASNY. Once the Grant Disbursement Agreements are executed with New York State, the General Fund Balance will be made whole. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-288 REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 172 10A2020-21 RESOLUTION AUTHORIZING THE 2021 SPECIAL EVENTS CALENDAR On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted setting the Special Events Calendar, including any modifications related to date, time or location as necessary, scheduling parades for Memorial Day and July 4th celebrations, and negotiating and entering into agreements related to the 2021 Special Events. Director of Recreation Katrina Hall explained that this resolution does not hold the Board accountable for running these events; it gives the Board the ability to enter into agreements for the events, if able to do so. Supervisor Seeley stated that there will be decisions to make regarding events, such as Winterfest. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-289 10A2020-22 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AN AGREEMENT WITH CARDCONNECT, LLC FOR CREDIT CARD SERVICES AND LEASING OF CARD READERS FOR THE RECREATION DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, a resolution was adopted authorizing the Supervisor to enter into an agreement with Card Connect, LLC for credit card payment services in the Recreation Department. Director of Recreation Katrina Hall explained that her Department is looking to upgrade the Department’s credit card system. Director Hall requested quotes and CardConnect was the lowest most responsible quote, with the highest security and upgraded technology. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-290 10A2020-23 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A NEW CONTRACT WITH VENDOR FOR YOUTH, FAMILY AND SENIOR RECREATIONAL PROGRAMMING FOR FALL 2020 On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter into new and revised contracts with vendors and replacing Addendum “A” of Resolution 2020-231 with the chart attached hereto as Addendum “B”. Director of Recreation Katrina Hall explained that this resolution adds a vendor to last month’s resolution. The new vendor is Strike Back Martial Arts for children of all abilities. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-291 Next Board Meetings are: Tuesday, October 27, 2020 Budget Workshop @ 5:30 PM Tuesday, October 27, 2020 Public Hearing @ 7:35 PM Wednesday, November 4, 2020 Adopt Preliminary Budget @ 4 PM Tuesday, November 10, 2020 Workshop Meeting @ 4 PM Thursday, November 12, 2020 Public Hearing for Budget @ 7:35 PM Tuesday, November 17, 2020 Regular Town Board Meeting @ 7 PM Thursday, November 19, 2020 Special Town Board Meeting to Adopt Budget @ 4 PM On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Regular Town Board Meeting was adjourned at 9:11 p.m. REGULAR TOWN BOARD MEETING OCTOBER 20, 2020 173 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara J. Genier BUDGET WORKSHOP MEETING 176 OCTOBER 27, 2020 5:30 P.M. PRESENT: Supervisor Seeley Councilmember Freeman Councilmember Perticone Councilmember Romeo Councilmember Wehner Also Present: Accountant Diana Marsh, Director of the Irondequoit Library Greg Benoit and members of the Library Board, Director of Human Resources Jason Vinette, Chief of Police Alan Laird, Court Administrator David Marion, Director of Information Technology Nate Stone, Assessor Amy Jorstad, Director of Community Development Kerry Ivers, Director of Administration Maria Vecchio and Town Clerk Genier. Supervisor Seeley called the meeting to order, Pledge was said, and roll call taken. He stated that the 2021 tax rate will be $6.42 per $1,000 of assessed home value. Budgets to be reviewed: Library: The mission of the Irondequoit Public Library is to provide services and programs that meet individual and community needs for educational, cultural, recreational and technological exploration and to promote collaborations among residents and groups to foster an engaged and literate community. The library is a member of the Monroe County Library System (MCLS) and is one of the busiest libraries in Monroe County. Supervisor Seeley welcomed Library Director Greg Benoit and members of the Board of Library Trustees. Supervisor Seeley stated that Library Revenue for 2021 is $148,905, down from the 2020 budget by 94%. Expenses for 2021 are $2,644.413, down by 2% from 2020. The Net Expense to Tax Levy is $2,495,508. Collene Burns, a four-year Trustee Member stated that the Board and Director Benoit looked very closely at the budget and worked to keep expenses down. Expenses were reduced for Books & Transcripts, Contracted Services, Copier Leasing, Computer Maintenance, and Supplies. Due to COVID-19, the Library was closed for several months and reopened in September which kept revenue down. Revenue from Miscellaneous Income was down by 35%, Library Charges by 30%, and copier receipts by 35%. Revenue from Grant Funding in the amount of $14,000 and Interfund Transfers in the amount of $40,000 are in the budget for 2021. Police: The Irondequoit Police Department is the second largest police force in Monroe County. The officers of the Police force protect the citizens and property owners, preserve the rights of citizens and reduce fear in the community. They provide these services through the various units of the Department, all with support of civilian personnel. The Department is accredited by New York State Department of Criminal Justice Services, Bureau for Municipal Police. Beginning in 2018, the Animal Control Unit was moved from this Department to the Community Development Department. The Police Department makes up 30% of the Town’s budget. Supervisor Seeley noted that 2021 revenues are $73,200, up from last year by $3,000. Expenses for 2021 total $11,124,463, up 2% from 2020. The Net to the Levy is $11,051,263, up 2% from last year. Increases in revenue came from Police Report Fees, Sale of Police Cars, Insurance Recoveries and Grants. Decreases in expense lines came from vehicle equipment, Licensing Computer Software, Training/Conferences, Contracted Services Gasoline & Fuel Charges, Judgements & Claims, and Printing Services. Increases in expense lines came from Insurance Premiums, Maintenance of Copier and Vehicles, and Uniforms. The STOP DWI Grant from the County was decreased from $16,000 to $8,000 and a Grant from New York State was added to the 2021 budget in the sum of $30,000. Decreases in revenue came from a State Youth Program Grant and a New York State Traffic Safety Grant. Chief Laird would like to send two recruits to the Police Academy in September. He stated that the Department purchases police vehicles every two years and he put money into his budget for that purpose. He took one officer position out of the budget and noted that one officer is on long-term disability and one is out for a couple of months. Five to seven officers may retire in 2021. $10,000 was added to the 2021 budget for School Crossing Guards. The Police Officers are down two officers for 2021—53 to 51. Court: The Court makes up 2.2% of the Town budget. The Town Justice Court adjudicates traffic and criminal and civil law infractions, along with Town ordinance matters. There are three (3) sitting Town justices, each elected to a four-year term. Irondequoit is the second largest Town BUDGET WORKSHOP MEETING OCTOBER 27, 2020 177 in Monroe County and has one of the busiest Courts. 2021 revenue for the Court is $237,400, decreased by 8% from 2020; expenditures are $823,108, increased slightly by 1.7%, with Net Expense to Tax Levy at $585,708. Court Administrator David Marion stated that staffing remains the same with three (3) part-time justices, nine (9) full-time staff, three (3) part-time clerks and nine (9) part-time Court attendants. The Court revenue is down by 8% due to the Courts being closed for several months as required during COVID-19 pandemic. Fines and Forfeitures Bail is down by $25,000; Bail Poundage is reduced by 84%. There was an increase in Unclaimed Bail Revenue of $4,000 for the 2021 budget. The Security Guards’ wages were increased by 58%, from $26,000 in 2020 to $41,000 in 2021. The Guards were very underpaid. At this time, the Court cannot have more than 30 people present, Court has to be held more often. The staff is working many more hours. Court Administrator David Marion will be seeking grant funds to purchase security cameras in 2021. Information Services: Director of Information Services Nate Stone reviewed his budget for Information Services, IT Projects and Irondequoit Cable Access Television. This Department is responsible for the delivery and support of all Town technology services to Town employees and residents. It manages the Town website and oversees and coordinates IT activities. Included in this budget are Irondequoit Community Access Cable TV station (ICAT) and IT Projects. The 2021 expenses for IS are $210,965. As there is no revenue with this budget, the Net Cost to the Tax Levy is $210,965. Expenses were down by $4,000 from the 2020 budget. Most of this budget remained flat from last year. Information Technology Projects contains the budget for projects intended to enhance information technology throughout Town government. Expenses for 2021are set at $46,000, down considerably from 2020. IT Project listed decreased expenses for Computer Hardware at $18,000 and Contractual Services by $141,000. Irondequoit Cable Access Television (ICAT)/Information Services: ICAT provides for the operation and administration of the Town’s cable TV access channels and media services. Staffing for ICAT includes two (2) full-time staff and two (2) part-time Assistants. The Net Cost to Town Property Tax Levy is at $199,991, up 3% from last year. Expenses total $258,991, up from last year by 53%; Revenue for ICAT is set at $59,000, which comes from Franchise Fees. This line is down by 5%. Assessor: The Assessor’s duties and responsibilities are determined by New York State Real Property Tax Law. The Assessor is a New York State certified assessor appointed to a term of six years. The duties include preparation of the annual assessment roll, administration of the grievance/tax certiorari procedure, administration of exemptions and valuation of properties. The 2021 Net Cost to the Town Property Tax Levy is $382,761, decreased by 5% from 2020. Expenses are listed as $383,011, decreased by 5% from 2020. Revenue is $250, as it was in 2020, generated by Copier Fees. Expenses are down for Professional Services with Appraisals, Legal and Board of Assessment Review. This is due to more grievances being settled before the formal process. Staffing remains at four (4) full-time personnel and one (1) part-time Clerk. Assessor Amy Jorstad stated that she will not be doing a revaluation in 2021 but will in 2022. She is looking to hire an appraiser and will be having more training next year for her staff. Neighborhood & Business Development (Community Development): This department is responsible for ensuring compliance with state and local ordinances regarding fire prevention, building construction, property maintenance and land use planning and zoning. It administers the Home Improvement Program which is funded by the federal Community Development Block Grant and provides funding to qualified residents for home improvements and removal of code violations. Animal Control is now part of this department. Revenues for this department are $638,554; department expenses are $1,052,798; Net Cost to Tax Levy is $414,244. Fire Marshal: This office is responsible for administration and enforcement of all laws, codes, ordinances, regulations and orders applicable to life safety, fire prevention, and fire safety in residential and commercial properties, educational facilities, areas of public assembly and multiple residences. Total expenses for this office are $173,834, slightly higher than 2020; total revenue from Fire Prevention Permits is $50,000, same as last year; and Net Cost to Tax Levy is $122,834, up slightly from last year. Staffing remains the same—One Fire Marshal and a Deputy Fire Marshal. Code Enforcement: This office is responsible for administration and enforcement of all laws, codes, ordinances, regulations and orders applicable to construction of structures, land use and property maintenance in all zoning districts in Irondequoit. Revenue is listed at $419,754, up 12% from 2020; Expenses are listed at $517,491, up $2,000; and the Net to the Tax Levy is $97,737, decreased by 30%. Revenue from Safety Inspection Fees was increased by $60,000; Safety Inspection Fees for Vacant Properties was decreased by $1,000. Rental BUDGET WORKSHOP MEETING OCTOBER 27, 2020 178 Inspection Fees were reduced by $15,000. Expenses in Supplies and Uniforms was decreased for 2021. Demolition/Enclosures/Removal of Violations: This budget provides funding for the removal of high grass and weeds, unregistered/junked vehicles and refuse and the emergency enclosure of dangerous structures. The cost of such remedial action is reimbursed through direct payment by the property owner, fines imposed by a Court or an amount added to the property tax in the following year. Expenses for 2021 are $60,000 for Services and Supplies, reduced by $10,000. This is due to taking the parties to Court verses demolition. Revenue for 2021 is $120,000, down from last year by $40,000. The Net Cost to Town Property Tax Levy is a negative $60,000. Director Ivers stated that revenue for property maintenance is down due to increased compliance of violations and fines being assessed in Court. Animal Control: This office protects the public and domestic animals from injury, illness or property damage that may be inflicted by dangerous domestic animals and/or nuisance wildlife. Revenue for this office is $22,100, on par with 2020. Expenses are $82,254, up 4% from 2020. The Net Cost to the Tax Levy is $60,154, up 6% from 2020. Staffing includes one full-time Officer and a part-time Officer working evenings and weekends, same as last year. Zoning Board: This Board hears and decides appeals of code enforcement and building permit decisions, interprets the Zoning Code and grants zoning variances and temporary and Special Use Permits as authorized by the Town Code. Expenses for Salaries, Benefits and Supplies total $4,515; Revenue from Zoning fees is $5,200; the Net Cost to the Tax Levy is a negative $685. Staff is the same as last year— one (1) Chairperson and six (6) Board Members. Planning and Zoning Administration: This office includes staff support to the Zoning Board of Appeals, Planning Board and Town Board in carrying out the land use planning and zoning functions of the Town. The staff provides liaison and coordination with other Town departments and with County, State and Federal agencies, maintains and assists in periodic updates of the Town Master Plan and official Zoning Map and prepares and maintains records of Planning and Zoning proceedings and decisions. Revenue for 2021 is listed as $6,500, same as 2020; expenses are $203,364, down by $78,000; and the Net Cost to the Tax Levy is $196,864, also reduced from 2020. The Assistant to the Supervisor position was eliminated, leaving staff at 2.4 people. Engineering Site Plan Review: This budget includes the cost of consultant engineer services necessary to review land development site plans to determine consistency of such plans with the Town Code. No changes made. Revenue and expenses list at $5,000; $0 to the Tax Levy. Planning Board: The Planning Board reviews applications for site development, land subdivisions, and Environmental Protection Overlay District permits as authorized in the Town Code, advises the Town Board on zoning change and Special Use Permit applications and develops short- and long-range land-use planning policies. Revenue for 2021 is $9,000, same as 2020; expenses are $6,140, down slightly from 2020. The Net Cost to the Tax Levy is a negative $2,860. Conservation Board: The Conservation Board is charged with preserving the Town’s natural environment. It reviews and provides recommendations on all proposed legislation and development applications with potential for significant environmental impacts. The budget for this office is unchanged from last year. Expenses are $200. Staffing consists of one (1) Chairperson and seven (7) Board Members. Total Planning and Zoning Expenses are $219,219; Total Planning and Zoning Revenue is $25,700; Planning and Zoning Net Cost to Property Tax Levy is $193,519. Supervisor Seeley concluded stating that the 2021 budget is stable and very responsible. The Tax Levy is $18,085,198. Respectfully submitted, Barbara Genier, Town Clerk SPECIAL TOWN BOARD MEETING OCTOBER 27, 2020 179 PRESENT: David Seeley 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 This meeting was called to order, Pledge was said, and Roll Call taken by Town Clerk Genier at 7:35 p.m. in order to hold a Public Hearing on the upgrade and replacement of the Fox Hall Pump Station within the Town of Irondequoit Consolidated Sewer District. Supervisor Seeley explained that the original Legal Notice on this Public Hearing was not printed in the Irondequoit Messenger Post in error and the Town had to go through the process a second time. PUBLIC HEARING 10PH2020-1 ON THE MATTER OF AUTHORIZING THE UPGRADE AND 7:35 PM REPLACEMENT OF THE FOX HALL PUMP STATION WITHIN THE TOWN OF IRONDEQUOIT CONSOLIDATED SEWER DISTRICT On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, the Public Hearing was opened at 7:35 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Commissioner of Public Works Robert Kiley explained that the Town is considering certain improvements to the Town of Irondequoit Consolidated Sewer District consisting of the upgrade and replacement of the Fox Hall Pump Station. The Town’s engineers have estimated that the maximum cost of undertaking the project is $350,000. A Public Hearing is being held this evening to hear all interested persons on the subject. Commissioner Kiley stated that the project constitutes a Type II action and no further action needs to be taken pursuant to SEQRA. On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, the Public Hearing was closed at 7:36 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED 10PH-1A RESOLUTION PURSUANT TO SECTION 202-B OF THE TOWN LAW DETERMINING THAT IT IS IN THE PUBLIC INTEREST TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN’S CONSOLIDATED SEWER DISTRICT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted determining that the project constitutes a Type II action under SEQRA and no further action needs be taken pursuant to SEQRA, and it is found that it is in the public interest to undertake the project at the estimated maximum cost of $350,000. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-292 SPECIAL TOWN BOARD MEETING OCTOBER 27, 2020 180 10PH-1B RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $350,000 IN SERIAL BONDS OF THE TOWN TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN’S CONSOLIDATED SEWER DISTRICT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the issuance of up to $350,000 in serial bonds of the Town to undertake certain improvements to the Town’s Consolidated Sewer District. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-293 On a motion made by Councilmember Perticone, seconded by Councilmember Freeman, the Special Town Board Meeting/Public Hearing was adjourned at 7:37 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 ORDERING THE EXTENSION OF THE CONSOLIDATED SEWER DISTRICT TO HOMES ALONG BAY SHORE BOULEVARD At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New Yo rk held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 17th Day of November, 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, a map, plan and report relating to the extension of the Consolidated Sewer District to approximately 30 homes along Bay Shore Boulevard that currently depend on septic systems which are vulnerable to submersion during periods of flooding (the “Project”), preparation of which was authorized under resolution 2020-172, adopted on July 14, 2020 and subject to a permissive referendum, was prepared by Labella Associates (duly licensed engineers), in such manner and detail as has been determined by the Town Board, and has been duly filed with the Town Clerk in accordance with the requirements of Article 12-A of the Town Law; and WHEREAS, an order was duly adopted by the Town Board on October 20, 2020 (“Order”), reciting the filing of said map, plans and report, as revised, the improvements proposed, the boundaries of the proposed extension of the Consolidated Sewer District (“District Extension”), the proposed method of financing, the fact that the map, plans and report were on file with the Town Clerk’s office for public inspection, and stating all other matters required by law to be stated, and specifying November 17, 2020 at 7:36 p.m. at the Irondequoit Town Hall, 1280 Titus Avenue, as the date, time and place where the Town Board would meet and consider said map, plans and report, and hear all interested persons concerning the same, and to take such actions as is required or authorized by law; and WHEREAS, such Order was duly published and posted as required by law; and WHEREAS, a hearing on the District Extension was duly held by the Town Board on November 17, 2020 at 7:36 p.m., in the Town Hall, at which all interested persons desiring to be heard were heard, including those in favor of, and those opposed to the, the District Extension; and WHEREAS, the District Extension will facilitate the Project by extending the Consolidated Sewer District to those homes situated along Bay Shore Boulevard and described in the map, plans and report on file with the Town Clerk; and WHEREAS, by Resolution adopted on May 19, 2020, the Town Board, as Lead Agency for the Project for purposes of the State Environmental Quality Review Act (“SEQRA”) determined that the Project is an Unlisted Action under SEQRA and adopted a Negative Declaration for the Project, determining that the Project will not result in significant adverse environmental impacts ; and WHEREAS, the proposed action under consideration of the Town Board, the District Extension, constitutes the adoption of regulations, policies, procedures or a local legislative decision in connection with the extension of utility distribution systems to properties with the area defined by the map, plans and report on file with the Town Clerk, and such actions are hereby deemed to be Type II actions and not subject to the requirements of SEQRA (6 NYCRR 617.5(a); 6 NYCRR 617.5(c)(13), (33)). NOW, THEREFORE, UPON THE EVIDENCE ADDUCED AT THE PUBLIC HEARING, IT IS HEREBY RESOLVED AND DETERMINED, that: (a) the notice of hearing was posted and publish as required by law and is otherwise sufficient; (b) all property and property owners within the District Extension are benefitted thereby; (c) all property and property owners benefitted are included with the limits of the District Extension; and (d) the District Extension is in the public interest. AND, THEREFORE, IT IS FURTHER RESOLVED AND DETERMINED, that the District Extension is a Type II Action pursuant to SEQRA and 6 N.Y.C.R.R. § 617.5(c),(13), (33), and no further review is required pursuant to SEQRA. AND, THEREFORE, IT IS FURTHER RESOLVED AND DETERMINED, that the District Extension as set forth in said map, plans and report, be approved, and that the Consolidated Sewer District is hereby extended as set forth, bounded, and described with said map, plans and report on file with the Town Clerk. AND, THEREFORE, IT IS FURTHER RESOLVED AND DETERMINED, that the boundaries of the District Extension are bounded and described as shown in Attachment A hereto. AND, THEREFORE, IT IS FURTHER RESOLVED AND DETERMINED, that this order is subject to permissive referendum as provided in Section 209-e of the Town Law. AND, THEREFORE, IT IS FURTHER RESOLVED AND DETERMINED, that pursuant to Town Law § 90, the Town Clerk shall, within ten (10) days of the adoption of this resolution post and publish a notice which shall set forth the date of the adoption of the resolution and contain an abstract of such resolution concisely stating its purpose and effect, and said notice shall specify that the resolution was adopted subject to a permissive referendum. This resolution shall take effect thirty days after its adoption, subject to and as required by Town Law § 91. 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_________________ Attachment A (Description of the Bounds of District Extension) R i v e r R i v e r D e n s m o r e E a s t ma n La k e Du r a n d Lake C r e e k I r o n d e q u o i t C r e e k G i l l e t t eP o n d S h e r r yS w a m pJ o h n s o nP o n d D e v i l ' s C o v e FishIsland HeldIsland Inspiration Point B i g M a s s a u g C o v e StonyPoint PointPleasant LookoutPoint SniderIsland G e n e s e e T r o u tL a k e Irondequoit Bay Rt 590 Rt 104 Culver Titus Ridge St Paul Norton Kings List Empire Lake Shore Winton Hudson Rt 104 Service Zoo Portland Eaton Thomas Barry Clinton Taft Helendale Falstaff Hoffman Seneca Goodman Pardee Cooper Dix Waring Miller Vinal Washington Brett Wahl Clark Spencer Kane Laurelton Westchester Dunn Orland Bay Colebrook Harwick Long Acre Brown Carter River Mt Airy Shelford Scholfield Oakview Pinegrove Park Knapp Whipple Echo Bay Shore Bay View Daley Lake Bouckhart Hurstbourne Pattonwood Simpson Wyndale Sagamore Winfield Russell Baker Crossfield Afton Seville Bennett Garford Rogers East Heberle Wisner Rawlinson Ellinwood Brower Tarrington Tryon Gray Walzford Whitlock Clifford Filon Grand Dake Mallard Nile Larkspur Stanton Belmeade Traver Shore Brookview Lafayette Latta Merchants Coolidge Brandon Liberty St Joseph Walzer Bay Front Kiniry Lake Front Avondale Newport Navarre Seneca Park Fieldwood Impala Valley Hillview Perrin Rocket Norran Melville Turpin Oneida Foxhall Pinecrest Somershire Oakridge Rock Beach Vinton Birch Hills Colebourne Densmore Vinedale Versailles Wyndham Paxton Dozier Rifle Range Mary Coronado Orchard Park Ransford Pemberton Burwell Buell Carol Peart Seymour Dierdre Farmington Leland Rau Petten Willowen Angelus HooverBelcoda Maplewood Baird Willow Creek Corley Aragon Dalkeith Brookdale Lynn NoridgeKearney Charing Edgerton Glen Haven Thorndyke Andrea Vayo Teakwood Lake Lea Deerfield Ferris Forest Chapin Drake Allwood Thorncliffe Doris Biltmore Yorkshire Stonehenge Wildmere Le Gran Cinnabar Parsells Upland Sunset Point Suellen Parkview Van Voorhis Edgeland Stutson Catalpa Quay Lake Breeze Cornwall Queens Conifer Beach Walnut Bellehurst Hedgegarth Thornton Pine Valley Twilight Montclair Legionaire Harvington MasterMohawk Baycrest Curtice Dickinson FairleaWinona Heberton Gilbert Nester Bristol Oak Briar Joy Salem Scotch Waldo Zuber Marina Schum Vermont Estes Delta Johnarth Hillhurst Fleetwood Florack Parr Smyles Sewilo Hills Rosemont Pomeroy Huntington HillsNob Hill St Anns Totem John Jay Muskoka Lake Bluff Timrod Chadwell Beaconview Parkside Karlan Spartan Mayfair Muirwoods Sethland Auramar Mayville Chestnut Hill Binnacle Burley Lydia Thatcher Cranbrooke Tamarack Wimbledon Horseshoe Branch Denise Sydenham Parker Charlton Northaven BurtBleacker Shelmont Cove Seaford Klein Anchor Imperial Sea View Reliance Whitetail Durand Owaissa Hunt Sachem Michelle Abington Alhambra Westgate Belview Upton Cecelia Viewcrest Covington Twin Marburger Kings Gate Culverton Hill Court Kilmar Brambury Oakbend Birch Fairview Case Manor Kenton Suburba Sheffield Yarker Carlsam San Rose Astronaut Thurlow Chelsea Tuliptree North Peaceful Woolacott Boxart Tyringham Medley Centre Resolute Spruce Traymore Sunflower Holden Bay Knoll Pollard Florenton Old North Hill Marco Rainbow Spring Valley Ridgelawn Ravine Charwood Clearbrook Seneca Manor Tone Flagstaff St Johns Venice Ganado Harbor Hill Hartland Bay Village Lorraine Couchman Kennedy Mooring Line Alcazar Villa Nova Arlington Steger High Point Park Grove Wakefield Viroqua Bursen Barberry Tiernan Rudman Kalyna Thendara Portside Secret Cove Winona Peart Wimbledon Rt 104 Park Laurelton Rt 104 Service Lake Rt 590 Lafayette Peart Cinnabar Seneca Queens River Lake Shore Bay Front Zoo Dunn Legend Roads Wate r Consolidate d Sewe r Parcels 0 1 20.5 Miles µ Consolidated Sewer District Resolution No. 2020- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION CONCERNING STATE ENVIRONMENTAL QUALITY REVIEW ACT COMPLIANCE IN THE MATTER OF REZONING A PORTION OF 2590 CULVER ROAD (TAX ID NO: 092.10-3-2) FROM R-1 RESIDENTIAL TO C-BUSINESS DISTRICT 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 17th day of November 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 WHEREAS, Land Tech Surveying & Planning, acting as agent for PEMM, LLC, has submitted an application for rezoning a portion of land located at 2590 Culver Road from R-1 Residential to C-Business District (the “Application”), and, shown as Lot 2 on the attached plan, which is an Unlisted Action under the State Environmental Review Act (“SEQRA”); and WHEREAS, the application to Town Board included a short Environmental Assessment Form (“EAF”) with respect to the proposed rezoning; and WHEREAS, the Town Board reviewed the EAF with respect to the rezoning and has considered the potential environmental impacts of rezoning the properties pursuant to the requirements of SEQRA and found that the proposed action will not result in any significant adverse environmental impacts. NOW THEREFORE BE IT RESOLVED, that the Town Board adopts a Negative Declaration for the rezoning in the form attached hereto and made a part hereof and determines that no Environmental Impact Statement is required. AND, BE IT FURTHER RESOLVED, that the Town Supervisor shall file the Negative Declaration along with this Resolution with the Town Clerk and forward these documents to any person who requests a copy, maintain the EAF and Negative Declaration in a file regularly accessible to the public. AND, BE IT FURTHER RESOLVED, that the requirements of 6 NYCRR 617 have been met. This resolution shall take effect immediately upon its adoption. Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Seeley voting _______ Page 1 of 2 Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or small impact may occur Moderate to large impact may occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2.Will the proposed action result in a change in the use or intensity of use of land? 3.Will the proposed action impair the character or quality of the existing community? 4.Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5.Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6.Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7.Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8.Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9.Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10.Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11.Will the proposed action create a hazard to environmental resources or human health? Page 2 of 2 For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. _________________________________________________ _______________________________________________ Name of Lead Agency Date _________________________________________________ _______________________________________________ Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer _________________________________________________ _______________________________________________ Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Short Environmental Assessment Form Part 3 Determination of Significance Agency Use Only [If applicable] Project: Date: Rezoning Application (Quicklee’s) 1 SEAF Part 3 SEQRA Part III Narrative 2590 Culver Road Rezoning Application (Quicklee’s) November 2020 The proposed action involves an amendment to the Zoning Map to change the zoning of a portion of a parcel located at 2590 Culver Road which currently zoned R-1 Residential. The proposed map amendment requested would change the portion of lands identified as proposed Lot 2 to C-Business District to allow for the development a Quicklee’s gas station with convenience store and self-serve car wash facility. This is an unlisted action under SEQRA. The land involved in the proposed action are bounded by a primary north-south arterial roadway to the west (Culver Road), Route 104 Expressway to the north and residential streets to the south and east. Culver road is characterized by of mix of professional office, retail and residential in the immediate vicinity of the project area. In examining the potential impacts of re-zoning, the environmental review considers the zoning change within the context of the proposed development of gas station, which is comprised of gas pumps, convenience store and self-serve car wash facility. Additionally, this review considers potential redevelopment allowable under the revised zoning district to ensure that impacts associated with any future full build-out scenario are evaluated. It should be noted that the Town Board is conducting an uncoordinated review. Any subsequent applications to other Boards would be subject to separate SEQRA review and determination(s) of significance. In considering the potential impacts associated with the action, the following specific issues were addressed. Potential Impacts to Land Use and Community Character The requested zoning change will expand the type of development permitted in this geographic area and it would expand the potential physical build out possible on the subject parcels. The potential for increased intensity of land use was identified a potential moderate to large impact in Part 2 of the EAF. Under the proposed development project, the rezoning would allow the for the development gas station facility with convenience store and car-wash and related site improvements. Gas stations are permitted with a special use permit, which would be granted through the Town Board. The intensity of land use associated with this type of development is not expected to have a significant impact on the land use and community character. The project site abuts a major corridor that has commercial uses in close proximity, including other gas stations. The proposed expansion of development and expansion of tax base in consistent with the Town’s Comprehensive Master Plan. This is important since examining the potential impacts associated with a map amendment, the Town must determine compatibility with the Town’s Comprehensive Master Plan. Rezoning Application (Quicklee’s) 2 SEAF Part 3 Given that the portion of the parcel being considered for rezoning is located on or near a major arterial and are contiguous to parcels featuring a mix of uses (e.g. residential and commercial), the potential adverse impacts community character and land associated with rezoning to C-Business are minimal. Impacts to neighboring existing properties can be mitigated through buffering techniques that would be identified during site plan review. Under any other development proposed on the rezoned parcels, the proposed design of any new or modified buildings and changes to site conditions or amenities would be subject to site plan approval by the Planning Board. In its review, the Planning Board would ensure compliance with the district regulations. The Zoning Board of Appeals review would be required if any relief from the requirements of the C-Business District regulations associated with any aspect of the building or site design. Additionally, any proposed expansion of development not previously addressed or considered through past Determinations of Significance would be subject to future environmental analysis. Potential Impact to Land The proposed development associated with rezoning application will result in alteration of existing land. According to the applicant’s revised EAF (dated 9/16/2020), the proposed lot is approximately 2.1 acres. The exact amount of disturbance is yet to be determined, but will likely require the preparation of a Stormwater Pollution Prevention Plan (SWPPP), which would be monitored during and after construction to ensure compliance with New York State’s erosion control and stormwater management regulations. This further reduces the chance of there being any moderate to large impacts to land. Under any other development scenario, the rezoning would allow for more building square footage and land uses than are currently located on the two parcels. However, those changes would be subject to site plan review and additional environmental review and analysis would be needed if large or moderate potential adverse impacts were identified and/or if the conditions and thresholds reviewed in connection with the current action are exceeded. During the site work phase of construction, the cut and fill required would generate truck traffic needed to transport fill to and/or from the site. Any adverse impacts associated with the site work during construction will be short-term and will cease when the construction is complete. Truck activity to and from the site, related to the construction, can be accommodated by the major arterial, which is designed to support truck traffic. Erosion control requirements associated with the SWPPP would minimize or eliminate any soil leaving the site and can be managed by the construction manager if needed. Any other proposed development that could occur under the new zoning designation would be present similar short-term construction related impacts. Mitigation and reduction of any potential large or moderate impacts could be handled through the site plan review process and compliance with Stormwater Pollution Prevention Plan regulations for any project with more than one acre of disturbance. Rezoning Application (Quicklee’s) 3 SEAF Part 3 Potential Impact to Water The project site is located in proximity to a NYS regulated Class C stream near the proposed project site. However, the proposed action would not require a NYSDEC permit. There are no federally or state regulated wetlands. If required by NYSDEC, wetland delineation would be required to verify the boundary of wetlands. Potential Impacts to Traffic In addition to evaluation the traffic impacts of the proposed gas station facility, it should be noted that a separate re-zoning application was also submitted for the remaining 10 + acre portion of the 2590 Culver Road, to allow for the development of 96-unit housing project. Due to the proximity and timing of the applications, a joint traffic impact study was prepared and submitted to the Town and to Monroe County Department of Transportation (MCDOT for review and consideration. The traffic study was revised and updated to respond to updates requested by MCDOT. The Traffic Impact Study (TIS), prepared by SRF & Associates, examined the potential traffic impacts of three potential scenarios: 1. Quicklee’s site development only, 2. Affordable Housing development only, 3. Combined full build of both Quicklee’s and the Affordable Housing developments. The updated traffic study concluded that a traffic signal was needed at this location to handle the trip generation associated with the Quicklee’s only or combined full-build-out scenarios. And the MCDOT letter received by the Town, dated November 4, 2020, stated that they “concur with SRF & Associates that a traffic signal is justified at this location.” They further concurred that a southbound left-hand turn lane was justified at this location. The improvements will require some pavement widening and resurfacing, which would be details determined through the MCDOT permitting process. In any other development scenarios permitted under the revised zoning district, the Monroe County Department of Transportation (MCDOT) would be responsible for reviewing traffic impacts associated with any future development of currently undeveloped lands. During site plan review, the County would identify the mitigation measure(s) required before they would issue a permit for access to Culver Road. Additionally, the project site is located on a major public transit line and several neighborhood destinations are located within walking distance, which makes the expanded footprint easily accessible on foot and by bicycle. Potential Impacts to Utilities and Energy Use Rezoning Application (Quicklee’s) 4 SEAF Part 3 Access to public water and sewer systems is available on site. Those existing systems can sufficiently support the demand associated with redevelopment that would be permitted under the new zoning designation and proposed development of senior housing. Potential Impacts to Community Resources The proposed development of residential housing and future redevelopment of remaining lands will result in an increase of residents and other development types within the area, the residential housing project proposes a mix of apartment types, including 32 one-bedroom, 40 two-bedroom and 24 three-bedroom. The number of units will not create a burden on the existing community resources required to serve the additional residents. Resolution No. 2020- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD APPROVING AN APPLICATION ON THE MATTER OF REZONING A PORTION 2590 CULVER ROAD (TAX ID NO: 092.10-3-2) FROM R-1 RESIDENTIAL TO C-BUSINESS DISTRICT 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 17th day of November 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, Land Tech Surveying & Planning, acting as agent for PEMM, LLC, has submitted an application for rezoning a portion of land located at 2590 Culver Road from R-1 Residential to C- Business District (the “Application”), and, shown as Lot 2 on the attached plan, and WHEREAS, the Application was referred to the Town Planning Board and the Monroe County Planning Department for review and comment pursuant to the requirements of the Town of Irondequoit Code, New York Town Law and New York General Municipal Law; and WHEREAS, the Application was reviewed and discussed at the Town Planning Board meetings held on September 28, 2020, and the Town Planning Board issued a report on September 29, 2020 regarding rezoning to the Town Board recommending a Positive Referral; and WHEREAS, the Monroe County Department of Planning and Development issued comments on the Application, under referral #IR20007Z, dated August 18, 2020; and WHEREAS, a public hearing was held by the Town Board, pursuant to Section 235-99 of the Town of Irondequoit Code and Section 20 of the New York State Municipal Home Rule Law on September 15, 2020 and continued at the regular Town Board meetings on October 20, 2020, conducted at the Irondequoit Town Hall, 1280 Titus Avenue, in the Town of Irondequoit, New York, where public input was received and the public hearing was closed on November 17, 2020; WHEREAS, pursuant to the New York State Environmental Quality Review Act and its implementing regulations, the rezoning was classified as an unlisted action, and by separate Town Board resolution, the Town Board issued a negative declaration; and WHEREAS, a copy of the final draft of the local law was delivered to the members of the Town Board at least 10 days before this meeting and attached hereto, in accordance with New York State Municipal Home Rule Law; NOW, THEREFORE, BE IT RESOLVED, the Town Board has determined that the proposed rezoning of the portion of 2590 Culver Road to C-Business District is consistent with and in furtherance of the goals and intent of the Town of Irondequoit Comprehensive Master Plan Update adopted by the Town Board in October 2014. AND, BE IT FURTHER RESOLVED, that the requested rezoning to C-Business is hereby___________. AND, BE IT FURTHER RESOLVED, that the Town Board hereby adopts said Local Law __ of 2020, amending the Official Zoning Map of the Town of Irondequoit to rezone the portion of 2590 Culver Road (Tax ID No: 092.10-3-2) shown on the plan attached hereto as “Attachment A” and made a part hereof, from R-1 Residential to C-Business District, and the Town Clerk is hereby directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Irondequoit, and to give due notice of the adoption of said Local Law to the New York Secretary of State. 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 _______ Resolution No. 2020- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE PERMANENT APPOINTMENT OF A PART TIME SCHOOL TRAFFIC GUARD IN THE IRONDEQUOIT POLICE DEPARTMENT 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 17th day of November 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 part time School Traffic Guard in the Irondequoit Police Department; and WHEREAS, the School Traffic Guard Coordinator has interviewed several qualified candidates and recommends hiring Andrea Dayton as a part time School Traffic Guard; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Andrea Dayton as part time School Traffic Guard at an hourly rate of $11.80 to be paid from Budget code 001.3120.0105.1100. This resolution shall take effect the date of hire. 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 No. 2020- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF A POLICE OFFICER RECRUIT 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 17th day of November 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, there is a vacancy for a Police Officer in the Irondequoit Police Department; and WHEREAS, Michael Cali has been recommended by the Chief of Police, and he has passed all the necessary testing and background checks and is currently reachable on the Monroe County Civil Service List for Deputy Sheriff/Road Patrol Officers. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the hiring of Michael Cali at an annual rate of $47,835.00 to be paid from budget code 001.3120.0100.1100. This resolution shall take effect the date of hire. 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 No. 2020- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF A POLICE OFFICER RECRUIT 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 17th day of November 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, there is a vacancy for a Police Officer in the Irondequoit Police Department; and WHEREAS, Heidi S. Zimmer has been recommended by the Chief of Police, and she has passed all the necessary testing and background checks and is currently reachable on the Monroe County Civil Service List for Deputy Sheriff/Road Patrol Officers. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the hiring of Heidi S. Zimmer at an annual rate of $47,835.00 to be paid from budget code 001.3120.0100.1100. This resolution shall take effect the date of hire. 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 No. 2020- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE TRANSFER OF A POLICE OFFICER TO THE IRONDEQUOIT POLICE DEPARTMENT 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 17th day of November 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, there is a need to hire a full time Police Officer in the Irondequoit Police Department; and WHEREAS, Gregory Kehrer has been a Police Officer in the city of Troy since February 2017 and has expressed an interest in working for the Town of Irondequoit; WHEREAS, the Chief of Police has interviewed several qualified candidates and recommends hiring Gregory Kehrer; and WHEREAS, this is a Competitive Civil Service position and the Monroe County Civil Service Commission approved this transfer at their October meeting; and NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes the transfer of Gregory Kehrer as a full-time Police Officer at an annual rate of $60,591.00 to be paid from budget code 001.3120.0100.1100. This resolution shall take effect the date of hire. 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 No. 2020- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE PROMOTION OF A LABORER TO A MAINTENANCE MECHANIC II IN THE SANITATION DEPARTMENT OF PUBLIC WORKS 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 17th day of November 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 retirement there is a vacancy for a Maintenance Mechanic II in the Sanitation Department in Public Works; and WHEREAS, per Civil Service Employee Association guidelines, this position was posted in all work locations for the required time period of 5 days before the vacancy was filled; and WHEREAS, the Commissioner has interviewed Stephen Cagnina and recommends promoting him to the position of Maintenance Mechanic II in the Sanitation Department of Public Works; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the promotion of Stephen Cagnina to Maintenance Mechanic II in the Sanitation Department of Public Works at an hourly rate of $27.30 to be paid from the following Budget codes 031.8125.100.1100 - 60%, 031.8120.100.1100 - 30% and 024.5142.100.1100 - 10% This resolution shall take effect November 18th, 2020. 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 No. 2020 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE ADOPTION OF THE 2021 IRONDEQUOIT ZONING BOARD OF APPEALS MEETING SCHEDULE 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 17th day of November 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 Zoning Board of Appeals meets in the Broderick Room of Irondequoit Town Hall on the 1st Monday of each month; and WHEREAS, the 2021 meeting schedule for the Irondequoit Zoning Board of Appeals, attached hereto as Exhibit A (the “2021 Schedule”), has been submitted to the Town Clerk’s Office for approval by the Town Board. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the 2021 Schedule for the Irondequoit Zoning Board of Appeals. 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 _______ Exhibit A 2021 Schedule 128 0 TITUS AVENUE • ROCHESTER, NEW YORK 14617 • PHONE: (585) 336 -6017 WWW.IRONDEQUOIT.ORG TOWN OF IRONDEQUOIT ZONING BOARD OF APPEALS 2021 SCHEDULE OF MEETINGS All meetings are held at 7:00 p.m. at the Irondequoit Town Hall, Broderick Room, 1280 Titus Avenue, Monroe County, New York. MEETING DATES January 4, 2021 February 1, 2021 March 1, 2021 April 5, 2021 May 3, 2021 June 7, 2021 July 12, 2021 August 2, 2021 September 13, 2021 October 4, 2021 November 1, 2021 December 6, 2021 Resolution No. 2020 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE ADOPTION OF THE 2021 IRONDEQUOIT PLANNING BOARD WORKSHOP AND MEETING SCHEDULE 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 17th day of November 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 Planning Board meets regularly twice a month for a workshop meeting and a regular meeting; and WHEREAS, the 2021 workshop and meeting schedule for the Irondequoit Planning Board, attached hereto as Exhibit A (the “2021 Schedule”), has been submitted to the Town Clerk’s Office for approval by the Town Board. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the 2021 Schedule for the Irondequoit Planning Board. 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 _______ 8242440_1 Exhibit A 2021 Schedule 1280 TITUS AVENUE • ROCHEST ER, NEW YORK 146 17 • PHONE: (585) 336 -6017 WWW.IRONDEQUOIT.ORG TOWN OF IRONDEQUOIT PLANNING BOARD 2021 SCHEDULE OF WORKSHOP MEETINGS & REGULAR MEETINGS All meetings are held at 7:00 p.m. at the Irondequoit Town Hall, Broderick Room, 1280 Titus Avenue, Monroe County, New York. WORKSHOP DATES MEETING DATES January 11, 2021 January 25, 2021 February 8, 2021 February 22, 2021 March 8, 2021 March 22, 2021 April 12, 2021 April 26, 2021 May 10, 2021 May 24, 2021 June 14, 2021 June 28, 2021 July 19, 2021 July 26, 2021 August 9, 2021 August 23, 2021 September 20, 2021 September 27, 2021 October 18, 2021 October 25, 2021 November 15, 2021 November 29, 2021 December 13, 2021 December 27, 2021 Resolution No. 2020 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE ADOPTION OF THE 2021 IRONDEQUOIT CONSERVATION BOARD MEETING SCHEDULE 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 17th day of November 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 Conservation Board meets in the 1st floor conference room at the Irondequoit Town Hall on the first Wednesday of each month; and WHEREAS, the 2021 meeting schedule for the Irondequoit Conservation Board, attached hereto as Exhibit A (the “2021 Schedule”), has been submitted to the Town Clerk’s Office for approval by the Town Board. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the 2021 Schedule for the Irondequoit Conservation Board. 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 _______ 8242468_1 Exhibit A 2021 Schedule 1280 TITUS AVENUE • ROCHESTER, NEW YORK 14617 • PHONE: (585) 336 -6017 WWW.IRONDEQ UOIT.ORG TOWN OF IRONDEQUOIT CONSERVATION BOARD 2021 MEETING SCHEDULE All meetings are held at 7:00 p.m. at the IRONDEQUOIT TOWN HALL, 1ST FLOOR CONFERENCE ROOM, 1280 TITUS AVENUE, Monroe County, New York. MEETING DATES: January 6, 2021 February 3, 2021 March 3, 2021 April 7, 2021 May 5, 2021 June 2, 2021 July 7, 2021 August 4, 2021 September 1, 2021 October 6, 2021 November 3, 2021 December 1, 2021 Resolution No. 2020- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION REAPPROVING AN APPLICATION ON THE MATTER OF REZONING A PORTION 2590 AND 2662 CULVER ROAD (TAX ID NOS: 092.10-3-2 AND 092.10-3-1) FROM R-1 RESIDENTIAL TO R-5 RESIDENTIAL 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 17th day of November 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, Bergman Associates acting as agent for Providence Housing, has submitted an application for rezoning of a portion of land located at 2590 and 2662 Culver Road (Tax ID No’s: 092.10-3-2 & 092.10-3-1) from R-1 Residential to R-5 Residential (the “Application”), shown as Lot 1 on the attached plan, and WHEREAS, the Application was referred to the Town Planning Board and the Monroe County Planning Department for review and comment pursuant to the requirements of the Town of Irondequoit Code, New York Town Law and New York General Municipal Law; and WHEREAS, the Application was reviewed and discussed at the Town Planning Board meetings held on September 28, 2020, and the Town Planning Board issued a report on September 29, 2020 regarding rezoning to the Town Board recommending a Positive Referral; and WHEREAS, the Monroe County Department of Planning and Development issued comments on the Application, under referral #IR20006Z, dated August 18, 2020; and WHEREAS, a public hearing was held by the Town Board, pursuant to Section 235-99 of the Town of Irondequoit Code and Section 20 of the New York State Municipal Home Rule Law on September 15, 2020 at the Irondequoit Town Hall, 1280 Titus Avenue, in the Town of Irondequoit, New York, where public input was received and the public hearing was closed; and WHEREAS, pursuant to the New York State Environmental Quality Review Act and its implementing regulations, the rezoning was classified as an unlisted action, but the Town Board elected to conduct a coordinated review, and, by separate Town Board resolution approved on October 20, 2020, issued a negative declaration; and WHEREAS, The Town Board on October 20, 2020 adopted a resolution approving the application requesting the zoning map amendment but omitted the copy of the accompanying local law; and WHEREAS, a copy of the final draft of the local law was delivered to the members of the Town Board at least 10 days before this meeting and is attached hereto, in accordance with the New York State Municipal Home Rule Law; and NOW, THEREFORE, BE IT RESOLVED, the Town Board rescinds its vote on Resolution Number 2020-265 from the October 20, 2020 regular Town Board meeting. AND, BE IT FURTHER RESOLVED, the Town Board has determined that the proposed rezoning of the portion of 2590 Culver Road to R-5 is consistent with and in furtherance of the goals and intent of the Town of Irondequoit Comprehensive Master Plan Update adopted by the Town Board in October 2014. AND, BE IT FURTHER RESOLVED, that the requested rezoning to R-5 is hereby___________. AND, BE IT FURTHER RESOLVED, that the Town Board hereby adopts said Local Law __ of 2020, amending the Official Zoning Map of the Town of Irondequoit to rezone the portion of 2590 and 2662 Culver Road (Tax ID Nos: 092.10-3-2 and 092.10-3-1) shown on the plan attached hereto as “Attachment A” and made a part hereof, from R-1 Residential to R-5 Residential, and the Town Clerk is hereby directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Irondequoit, and to give due notice of the adoption of said Local Law to the New York Secretary of State. 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 _______ Resolution No. 2020- __________ EXTRACT OF MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AN INTERMUNICIPAL AGREEMENT FOR CARES ACT DISTRIBUTION 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 17th day of November 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 Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was passed by Congress and signed into law on March 27, 2020, and provides economic relief to the American people from the public health and economic impacts of COVID-19; and WHEREAS, through the Coronavirus Relief Fund, the CARES Act provides for payments to state, local, and tribal governments navigating the impact of the COVID-19 outbreak; and WHEREAS, the CARES Act provides that the U.S. Treasury Department was to make payments from the Coronavirus Relief Fund to states and eligible units of local government, the District of Columbia, U.S. territories, and tribal governments, based on population calculations provided in the CARES Act; and WHEREAS, the County of Monroe (“County”) is an eligible unit of local government under the CARES Act and has received an allocation of Coronavirus Relief Funds; and WHEREAS, the CARES Act requires that Coronavirus Relief Funds may be used only to cover those costs of local government that: a) are necessary expenditures incurred due to the public health emergency with respect to COVID-19; b) were not accounted for in the budget most recently approved as of March 27, 2020 for the local government; and c) were incurred during the period that began on March 1, 2020 and ends on December 30, 2020; and WHEREAS, the County desires to distribute a portion of its allocation of Coronavirus Relief Funds to the Town of Irondequoit (“Town”)—in an amount not to exceed $657,983.55 (plus any additional funds the County makes available in its sole discretion)— in order to effectuate the purpose and intent of the CARES Act and to assist the Town in mitigating the impacts of the COVID-19 emergency, and the County and the Town desire to enter to an Intermunicipal Agreement for CARES Act Distribution (the “Intermunicipal Agreement”) in order to set forth the terms and conditions pertaining to such distribution; and WHEREAS, the Town is authorized to enter into intermunicipal agreements with the County pursuant to General Municipal Law § 119-o; and WHEREAS, the Town Board has determined that it is in the best interests of the Town to enter into the Intermunicipal Agreement with the County to receive a distribution of CARES Act funding to assist the Town in mitigating the impacts of the COVID-19 emergency. NOW THEREFORE, BE IT RESOLVED, that the Town Board approves the Intermunicipal Agreement and authorizes the Supervisor to execute the Intermunicipal Agreement in substantially the form annexed hereto as Exhibit A, and to execute any such other documents in connection with the Intermunicipal Agreement as may be required, in a form 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Seeley voting _______ EXHIBIT A (Intermunicipal Agreement) 1 Intermunicipal Agreement for CARES Act Distribution This Intermunicipal Agreement (“Agreement”) is by and between the County of Monroe, a municipal corporation organized under the laws of the State of New York with offices at 39 West Main Street, Rochester, NY 14614 (the “County”) and the Town of Irondequoit, a municipal corporation organized under the laws of the State of New York with offices at 1280 Titus Avenue, Rochester, New York 14617 (the “Local Government”). The County and the Local Government shall be referred to individually as a “Party” and collectively as the “Parties.” WHEREAS, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was passed by Congress and signed into law on March 27, 2020, and provides economic relief to the American people from the public health and economic impacts of COVID-19; WHEREAS, through the Coronavirus Relief Fund, the CARES Act provides for payments to state, local, and tribal governments navigating the impact of the COVID-19 outbreak; WHEREAS, the CARES Act provides that the U.S. Treasury Department was to make payments from the Coronavirus Relief Fund to states and eligible units of local government, the District of Columbia, U.S. territories, and tribal governments, based on population calculations provided in the CARES Act; WHEREAS, the County is an eligible unit of local government under the CARES Act and has received an allocation of Coronavirus Relief Funds; WHEREAS, the CARES Act requires that Coronavirus Relief Funds may be used only to cover those costs of local government that: a) are necessary expenditures incurred due to the public health emergency with respect to COVID-19; b) were not accounted for in the budget most recently approved as of March 27, 2020 for the local government; and c) were incurred during the period that began on March 1, 2020 and ends on December 30, 2020; WHEREAS, the County desires to distribute a portion of its allocation of Coronavirus Relief Funds to the Local Government in order to effectuate the purpose and intent of the CARES Act and to assist the Local Government in mitigating the impacts of the COVID-19 emergency, and the Parties desire to enter to this Agreement in order to set forth the terms and conditions pertaining to such distribution; WHEREAS, the County is duly authorized to enter into the Agreement pursuant to Resolution 188 of 2020 of the Monroe County Legislature adopted on June 9, 2020 and approved by County Executive Adam J. Bello on June 16, 2020; and WHEREAS, the Local Government is duly authorized to enter into the Agreement pursuant to action taken by its legislative body, a copy of such authorization the Local Government shall provide to the County herewith. 2 NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises herein contained, the County and Local Government agree as follows: 1. Coronavirus Relief Funds Available to Local Government. The County will make available for reimbursement to the Local Government, a portion of the County’s allocation of Coronavirus Relief Funds (“Coronavirus Relief Funds” or “Funds”) in an amount not to exceed Six Hundred Fifty-Seven Thousand Nine Hundred Eighty-Three and 55/100 Dollars ($657,983.55) plus any additional funds the County makes available at the County’s sole discretion (the “Distribution Amount”). 2. Local Government Request for Reimbursement. The Local Government has made a request to the County for reimbursement of certain expenditures incurred due to the public health emergency. The Local Government acknowledges and agrees that the costs and expenses submitted will only be submitted for reimbursement pursuant to this Agreement and shall not be submitted for reimbursement, or paid with funds from any other federal or state government program, such as FEMA, or another aid program. A. Certification. The Local Government hereby certifies that all requests for Funds are for Local Government expenses that are subject to reimbursement under the CARES Act (“Eligible Expenses”). “Eligible Expenses” are defined as those expenses that: 1) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (“COVID-19”); 2) were not accounted for in its budget most recently approved as of March 27, 2020, for the Local Government; and 3) were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. B. Documentation. The Local Government shall provide the dates of expenditure, amounts, vendors, description of expenses, an explanation that such expenditures constitute Eligible Expenses, and such other information proving/verifying its expenditures as Eligible Expenses under the CARES Act (“Required Documentation”). C. County Review and Acceptance. The County shall review the Local Government’s reimbursement request. The County shall only accept and reimburse requests that provide adequate documentation, and only for what the County determines, at its sole discretion, are Eligible Expenses. The County may contact the Local Government to discuss the documentation and nature of the expenses included in the request for reimbursement. In the event the County does not accept, in whole or in part, the Local Government’s request for reimbursement, the County shall provide a written response documenting the basis for the County’s determination. The Local Government may resubmit a corrected or augmented request for reimbursement and any necessary additional supporting documentation within ten (10) days of receiving notice of the County’s written determination, and the County will then further review the request and any additional supporting documentation and rationale submitted by the Local Government; except that no request may be submitted or re-submitted by the Local Government later than November 3 20, 2020 unless written permission from the County’s Chief Financial Officer to submit or re- submit a request after this date has been obtained. D. Federal Review. The Local Government acknowledges and understands that the U.S. Treasury is the authorizing agency and the County is using its best efforts to determine Eligible Expenses. Any reimbursement request accepted and paid, in whole or in part, by the County, is subject to federal review and has the potential to be subsequently disallowed. As such, any acceptance by the County of the Local Government’s request to reimburse and subsequent payment shall not be construed to operate as a waiver of the Local Government’s obligation to comply with the CARES Act, this Agreement, and any other laws, regulations or rules and shall not operate as a waiver or estoppel of the Local Government’s obligation to return to the County any Funds distributed to the Local Government that are subsequently found to not have been used or reimbursed for Eligible Expenses or the use of which was found to be otherwise unlawful. E. Distribution. The County shall disburse funds directly to the Local Government via electronic funds transfer. The County shall use its best efforts to distribute Funds to the Local Government within ten (10) days of latter of: the Agreement’s complete execution by the Parties or the County’s review and acceptance of the Required Documents. F. Consultation. The Local Government is encouraged to consult with its attorney with any questions regarding whether proposed expenses are Eligible Expenses prior to incurring or otherwise committing to such expenses. The Local Government shall not enter into any sub- grant arrangements or agreements with third parties for the use of Eligible Expenses without first obtaining the prior written consent of the County. G. Disputes/Release. The Local Government understands that the County is obligated to incur any costs to be charged to its allocation of Coronavirus Relief Funds no later than December 30, 2020, and that any unexpended Funds as of that date must be returned to the U.S. Treasury Department. The Local Government hereby waives, relinquishes and forever releases any and all claims or actions for damages, injunctive relief, and any other relief of any kind whatsoever, that it has or may have now or in the future, against the County, its elected and appointed officials, employees and agents, to obtain reimbursement of Funds and/or expenses related to COVID-19, or to obtain damages for the County’s failure to pay Funds to the Local Government. 3. Return of Funds. To the extent any reimbursement paid to the Local Government under this Agreement is not actually expended, or any costs and expenses are subsequently refunded to the Local Government, the Local Government agrees that it shall return any Funds to the County that are unused or refunded by December 18, 2020. 4. Expenditures and Accounting. A. The CARES Act imposes expenditure and accounting obligations upon local governments receiving Coronavirus Relief Funds. The Local Government acknowledges and agrees to be solely responsible for ensuring that it procures, spends, documents, and accounts for 4 its portion of the Distribution Amount received from the County in strict compliance with the CARES Act requirements and this Agreement, and any other applicable laws, regulations and rules, formal guidance from the U.S. Treasury Department, and the OMB Uniform Guidance for Federal Awards (2 CFR § 200). Because the CARES Act is recent legislation, the Parties anticipate that additional federal legislation, rules, regulations, and guidance from the U.S. Treasury Department may be promulgated regarding the expenditure and accounting requirements. The Local Government agrees to familiarize itself with, and shall adhere to, all current and subsequent legislation, rules, regulations, and guidance from the U.S. Treasury Department. B. The Local Government shall maintain complete records documenting its use of Funds under this Agreement. Records are to include relevant financial information such as bids, proposals, contracts, invoices, vouchers, receipts, payroll and time records as well as administrative records documenting the Local Government’s determination that such expenditures are Eligible Expenses under the CARES Act. The Local Government shall provide the County, as well as the U.S. Treasury Department and the Office of Inspector General (“OIG”), full access to these records so that compliance with the CARES Act and other applicable laws and regulations can be monitored, audited, and confirmed. The County will monitor the use of Funds distributed to the Local Government through reporting, site visits, regular contact, or other means to provide reasonable assurance of compliance with laws, regulations, and the provisions of the CARES Act. All records pertaining to the use of Funds under this Agreement shall be maintained by the Local Government for a period of at least seven (7) years from December 30, 2020. C. The Parties anticipate that the OIG will audit the use of Coronavirus Relief Funds beginning in January 2021, or thereafter. In anticipation of the upcoming audit, the Local Government agrees to provide to the County any additional documentation required to respond to such audit. D. If the federal government imposes additional documentation requirements on the County, the Local Government agrees to timely provide to the County all information and documentation necessary for the County’s compliance with such requirements as related to the Distribution Amount. E. None of the reporting requirements herein is intended to shift to the County the responsibility of the Local Government for ensuring that each dollar of its requests for reimbursement or advances was spent in compliance with the CARES Act and this Agreement. The County assumes no responsibility for oversight or management of the Local Government’s spending and requires the above reporting to ensure the County has sufficient documentation for any OIG audit. In the event the OIG, U.S. Treasury Department, or any other federal agency/division determines that the Local Government spent any portion of its Distribution Amount on or was reimbursed by the County for any ineligible expenses, or that the expenditure or use of Funds was otherwise unlawful, the Local Government acknowledges and agrees that it is solely responsible for any required recoupment/repayment of those Funds and shall return such Funds to the County upon the County’s request. 5 5. Audit. In the event of an audit or other investigation or review by the U.S. Treasury Department, or other authorized governmental entity, of the use of any Coronavirus Relief Funds provided by the County to the Local Government, the Local Government shall, at its own costs, provide documentation and defend the Local Government’s use of the Funds. The Local Government agrees to provide the County, upon request, a copy of any audit reports pertaining to its use of Funds under this Agreement. In the event that the U.S. Treasury or other authorized governmental entity finds that the Local Government’s use of Funds was not authorized by the CARES Act or this Agreement, or that the Local Government received reimbursement of Funds from the County to cover expenditures that are not Eligible Expenses or was otherwise in violation of the CARES Act, or was otherwise unlawful, the Local Government acknowledges and agrees that it shall be solely responsible for paying/refunding/reimbursing the amount of such Funds to the County, along with any interest and costs assessed by the federal government on such amount. The County shall then pay the amount of such Funds, and interest and costs, received from the Local Government to the U.S. Treasury or other federal agency/division. The Local Government further acknowledges and agrees that, if the expenditure of Federal awards by the Local Government meets or exceeds $750,000 during the fiscal year 2020, it shall perform audits as required by the OMB Uniform Guidance per §200.501. 6. Representatives. The County’s primary contact for matters pertaining to this Agreement shall be Robert Franklin, Chief Financial Officer. The Local Government’s primary contact for matters pertaining to this Agreement shall be Diana Marsh, Comptroller. 7. Compliance with Laws. The Local Government shall comply with the CARES Act and any other applicable federal, state, and local laws, regulations and rules. 8. Indemnification. To the extent permitted by law, the Local Government shall indemnify the County and its elected and appointed officials, officers, employees, and agents from and against any and all losses, damages, liabilities, claims, suits, actions, or awards, including costs, expenses, and attorney’s fees, incurred or occasioned as a result of the acts or omissions of the Local Government, or its elected officials, employees, agents, or subcontractors arising out of or in any way connected with their performance or receipt of Funds under this Agreement. The Local Government’s obligation to indemnify pursuant to this paragraph shall survive the termination of this Agreement. 9. Hold Harmless. The Local Government agrees that in the event the Local Government (or anyone acting on its behalf) fails to perform the terms of the Agreement or is found to use any Funds received on ineligible expenses, or found to have been reimbursed for ineligible expenses, under the CARES Act and/or other applicable law, the Local Government agrees to hold the County harmless for any damages suffered as a result thereof. The Local Government also agrees to pay any actions, claims, lawsuits, damages, charges, or judgments whatsoever that arise out of the Local Government’s performance or nonperformance under this Agreement. 10. Effective Date. This Agreement shall be effective upon its execution by the Parties hereto. 6 11. Compliance with Laws. In connection with the services to be performed under this Agreement, the County and the Local Government and each of its agents and employees shall comply with all federal, state and local laws, resolutions, ordinances, codes, rules and regulations applicable to the services to be rendered hereunder. 12. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes any and all prior proposals, negotiations and agreements, whether written or oral. Any modification or amendment to this Agreement shall be void unless in a writing executed by the parties hereto. 13. Applicable Law. This Agreement shall be governed by and under the laws of the State of New York. In the event that a dispute arises between the parties, venue for the resolution of such dispute shall be the county of Monroe, New York. 14. Executive Law. The County and Local Government agree that in carrying out its activities under the terms of the Agreement that they shall not discriminate against any person due to such person's age, marital status, disability, genetic predisposition or carrier status, race, color, creed, sexual orientation, sex or national origin, and that at all times they will abide by the applicable provisions of the Human Rights Law of the State of New York as set forth in Section 290-301 of the Executive Law of the State of New York. 15. Miscellaneous Provisions. A. Waiver. No provision or right under this Agreement shall be waived by either Party except by written agreement of the Parties hereto. B. Successors and Assigns. Except as herein otherwise provided, this Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and permitted assigns. C. No Third-Party Beneficiaries. It is expressly understood and agreed that the enforcement of this Agreement and all rights of action relating thereto shall be strictly reserved to the County and the Local Government. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person. D. Severability. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the Parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the Parties hereunder. E. Notices. Notices to be provided under this Agreement shall be given in writing and either delivered by hand or deposited in the United States mail with sufficient postage to the addresses set forth herein: 7 County: Chief Financial Officer County of Monroe Room 402, County Office Building 39 West Main Street Rochester, New York 14614 and Monroe County Attorney Room 307, County Office Building 39 West Main Street Rochester, New York 14614 Local Government: Town of Irondequoit David A. Seeley, Town Supervisor 1280 Titus Avenue Rochester, New York 14617 F. Modifications. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the County and the authorized signatories for the Local Government. G. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Electronic or facsimile delivery of a fully executed copy of the signature pages below shall constitute an effective and binding execution of this Agreement. H. Authorization. The Parties hereto stipulate and represent that all procedures necessary to authorize the execution of this Agreement have been performed and that the persons signing for each Party have been authorized to do so. MONROE COUNTY BY: ______________________ Adam J. Bello County Executive TOWN OF IRONDEQUOIT BY: _____________________ David A. Seeley Town Supervisor 8 State of New York) County of Monroe) ss: On the day of , 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Adam J. Bello, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as County Executive, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ___________________________________ Notary Public State of New York) County of Monroe) ss: On the day of , 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared ____________________________personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that the individual executed the same in his/her official capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ___________________________________ Notary Public Resolution No. 2020- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE 2021 HOLIDAY SCHEDULE FOR ALL TOWN OF IRONDEQUOIT EMPLOYEES 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 17th day of November 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, each year the Town Board approves a Holiday Schedule for all the Employees of the Town of Irondequoit; and WHEREAS, the Supervisory Unit, Blue Collar Unit and White Collar Unit of the Town of Irondequoit have approved this Holiday Schedule for 2020. NOW, THEREFORE BE IT RESOLVED, that the Town Board has reviewed and approves the following 2021 Holiday Schedule 1. New Year’s Day Friday, January 1, 2021 2. Martin Luther King Jr. Day Monday, January 18, 2021 3. Presidents Day Monday, February 15, 2021 4. Good Friday Friday, April 2, 2021 5. Memorial Day Monday, May 31, 2021 6. Independence Day Monday, July 5, 2021 7. Labor Day (observed) Monday, September 6, 2021 8. Columbus Day Monday, October 11, 2021 9. Veterans Day Thursday, November 11, 2021 10. Thanksgiving Thursday, November 25, 2021 11. Day after Thanksgiving Friday, November 26, 2021 12. Christmas Day (observed) Friday, December 24, 2021 13. Personal Floating Holiday Unspecified 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 No. 2020_______ EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION RENEWING ELECTRICAL SERVICES FOR THE TOWN OF IRONDEQUOIT FACILITIES 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 17th day of November, 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 Board at its February 22, 2019 meeting adopted a resolution (No. 2019-46) awarding a contract for electrical services for the Town of Irondequoit Facilities to Kaplan Schmidt Electric, Inc; and WHEREAS, pursuant to Section 3.1 of the contract bid terms and conditions, the Town Board may at its option extend the contract with Kaplan Schmidt Electric, Inc for up to two (2) additional one-year extensions; and WHEREAS, the town wishes to renew the contract for an additional year ending December 31, 2021 under the same conditions and cost; and WHEREAS, funding for this expense will be available in each applicable department. NOW, THEREFORE BE IT RESOLVED, the Town Board renews, for one year through December 31, 2021, the contract for electrical services for the Town of Irondequoit Facilities to Kaplan Schmidt Electric, Inc.; AND, BE IT FURTHER RESOLVED THAT, the Town Board authorizes the Town Supervisor to execute any and all documents related to this extension. 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 ___ _________ Supervisor Seeley voting _____________ Resolution No. 2020- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING AN ORDER CALLING A PUBLIC HEARING PERTAINING TO AMENDING THE IRONDEQUOIT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL PLAN FOR THE 2018-19 PROGRAM YEAR At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Ave, in said Town of Irondequoit, on the 17th day of November 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 is a Community Development 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 allocated funds to “Acquire land and develop a playground to serve residents of the immediate neighborhood” within an eligible Census Block Groups as part of its Annual Plan for 2018-2019 which was submitted to and approved by HUD; and WHEREAS, the Town completed the acquisition of land and construction of a new playground and has funds remaining in the project budget; and WHEREAS, the Town intends to use the remaining funds to upgrade existing playgrounds within eligible block groups as determined by HUD guidance; and WHEREAS, the use of CDBG funds to upgrade existing playgrounds requires an amendment to the 2018-2019 Program Year Annual Plan; and WHEREAS, the Town is required to hold a public hearing on this matter in compliance with program rules and regulations promulgated by HUD and in accordance with the Town’s CDBG Citizen Participation Plan. NOW, THEREFORE, BE IT RESOLVED, that a public hearing will be held at the Irondequoit Town Hall, 1280 Titus Avenue, on December 15, 2020 at 7:36pm, in the matter of amending the Irondequoit Community Development Block Grant Annual Plan for the 2018-19 Program Year. 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 AN INTERFUND TRANSFER FROM THE DRAINAGE FUND BALANCE TO CAPITAL PROJECT FUND 366 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 17h day of November, 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, an unforeseen deep drainage issue occurred in August on Helendale Road and took about six weeks to repair resulting in an unexpected large expense; and WHEREAS, there currently is $86,634.50 in Capital Project Fund 366 (Drainage), $136,443.85 in Capital Project Fund 361 (Roads), and $9,890.57 in Capital Project Fund 350 (Drainage); and WHEREAS, the Department of Public Works desires to transfer $25,141.74 from Townwide Drainage Fund balance to Capital Project Fund 366 to help pay for a deep emergency drainage repair on Helendale Rd; and WHEREAS, pursuant to Town Law Section 112(1), the Town Board may by resolution transfer funds to provide for an additional or increased appropriation. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Irondequoit hereby authorizes an inter-fund transfer from the Townwide Drainage Fund balance to Capital Project Fund 366 in the amount not to exceed $25,141.74 for the purpose stated above. 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 AUTHORIZING THE SUPERVISOR TO ENTER INTO A SUPPLEMENTAL AGREEMENT FOR SNOW & ICE REMOVAL ON NEW YORK STATE ROADWAYS 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 17th of November, 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 has entered into agreements with the New York State Department of Transportation for Snow & Ice Removal on New York State Roadways; and WHEREAS, New York State desires to add a Supplemental Agreement with the Town of Irondequoit for the 2020/2021 for Snow & Ice Removal on New York State Roadways; and WHEREAS, the Supplemental Agreement amends the estimated expenditure for the 2020/2021 season due to the past three-year average. The estimated expenditure has increased to a new estimate of $42,530.68. This is an increase of $2,626.01 over the original estimate; and WHEREAS, pursuant to General Municipal Law § 99-r, the Town may enter into agreements with any State agency concerning services of government; and WHEREAS, the Town Board determines that the agreement for snow removal and ice control is a Type II action for State Environmental Quality Review Act purposes (6 NYCRR Part 617), as described in 6 NYCRR § 617.5(c) subsections (1) (maintenance or repair involving no substantial changes in an existing structure or facility) and (26) (routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment), and therefore no further review pursuant to the New York State Environmental Quality Review Act is required (6 NYCRR § 617.5(a)). NOW THEREFORE BE IT RESOLVED, that the Town Board hereby approves the Supplemental Agreement for the 2020/2021 with New York State Department of Transportation for Snow & Ice Removal on New York State Roadways. 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 _______ ` SAW YORK STATE OF OPPORTUNITY Department of Transportation ANDREW M. CUOMO Governor MARIE THERESE DOMINGUEZ Commissioner 2020/21 MUNICIPAL SNOW AND ICE AGREEMENT SUPPLEMENTAL AGREEMENT AND ADJUSTMENT/CALCULATION WORKSHEETS With our Municipal Snow and Ice Agreements now five-year agreements, DOT no longer needs to approve one-year extensions every year. However, we are still required to adjust the estimated expenditure each year of the contract term to account for changes in labor, materials, equipment, and fixed costs. In years 2 through 5 of each contract, the estimate may require a simple re -calculation or a fully approved and executed contract amendment (also known as a Supplemental Agreement) depending on how light or severe the previous winter was. The materials for the 2020/21 Municipal Snow and Ice Agreement Adjustment/Calculation Worksheets and Supplemental Agreement Cover are being sent with this letter. The package includes the worksheets themselves, and the Supplemental Agreement Cover document. The Adjustment/Calculation worksheets will contain specific criteria found near the end to determine whether a Supplemental Agreement will be needed, based on how much the 2020/21 estimate changes from last year. The completed package shall include the items listed below: If the Supplemental Agreement Cover is required: 1. Four (4) Supplemental Agreements, with the appropriate fields filled in with original signatures and notary seal on each. 2. Four (4) filled -out and signed Adjustment/Calculation Worksheets. 3. Four (4) Resolutions from the Municipality complete with original signatures and certified with Municipal Seal on each. If the Supplemental Agreement Cover is NOT required: 1. Three (3) filled -out and signed Adjustment/Calculation Worksheets. NOTE: if there are other changes that need to be made to the original Agreement, such as a change in lane miles being contracted out, or a change to the map originally provided in the Agreement, or any other changes being made to the terms of the agreement other than revising the estimate, then a completed Supplemental Agreement will be required and need the items listed above. It is important that the documents be returned to Main Office for processing as soon as possible. Failure to return the completed documents to Main Office by December will result in delays in issuing the correct Interim Payment amount. If you have any questions regarding Municipal Snow and Ice Agreements, please contact Brian French at Brian.FrencIi dot.ny.gov. Thank you so much. 50 Wolf Road, Albany, NY 12232 www dot ny gov NYSDOT MUNICIPAL SNOW & ICE CONTRACTS Estimated Expenditure Calculation/Adjustment Worksheet For Time & Materials S&I Agreements MUNICIPALITY: TOWN OF IRONDEQUOIT CONTRACT; D014748 CURRENT CONTRACT PERIOD : 2019/20 — 2023/24 SEASON: 2020/21 CONTRACT LM: 6.8 2019/20 Actual Final $37,684.71 2018/19 Actual Final $42,429.54 2017/18 Actual Final $47,477.80 3 -YEAR AVERAGE (2020/21 Estimated Expenditure): $42,530.68 A: Base Estimated Expenditure (see note 1) $39,904.67 B: 2020/21 Estimated Expenditure: $42,530.68 C: Difference (B minus A) (see note 2) $2,626.01 2020/21 Interim Payment: $28,495.56 Note 1: Base Estimated Expenditure refers to the amount that was provided for the first season under the current 5 -year contract period. Note 2: Due to the amount of the increase in the estimated expenditure for the 2020/21 season, a Supplemental Agreement will be required and subject to OSC approval. Reviewed/Approved By: Signatures Below: For Municipality: DOT Resident Engineer: DOT Snow & Ice Program Manager: SUPPL S&I (11/18) Supplemental Agreement Cover for Snow & Ice Agreements Contract No.: D014748 Supplemental Agreement No.: 1 Date Prepared: SUPPLEMENTAL AGREEMENT No. 1 to Contract No. D014748 This Supplemental Agreement is by and between: the New York State Department of Transportation ("NYSDOT"), having its principal office at 50 Wolf Road, Albany, NY 12232, on behalf of New York State ("State"); and the TOWN OF IRONDEQUO1T ("Municipality") Acting by and through the This amends the existing Municipal Snow and Ice Agreement between the parties in the following respects only (check all that apply): ❑ Amending the contract end date ONLY ❑ Amending the number of lane miles/specific roads covered under Paragraphs 7 and 9 of the Original Agreement (revised map attached) ❑ Amending the estimated expenditure for the season by: ❑ adding funding due to exceeding the Estimated Expenditure for the above -mentioned season (required Amendment B attached with a copy of the final snow & ice voucher, if applicable) ❑ adding funding to adjust the Estimated Expenditure to account for increases in labor, materials, equipment, and/or overall costs, per the terms in Paragraphs 9 and 10 in the Original Agreement (Adjustment Worksheet and Municipal Resolution attached) ❑ Extending the Agreement for an additional 5 -year period (Extension No. of a maximum of 3) ❑ Other: SUPPL S&I (11/18) Supplemental Agreement Cover for Snow & Ice Agreements Contract No.: D014748 Supplemental Agreement No.: 1 Date Prepared. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials as of the date first above written. THE PEOPLE OF THE STATE OF NEW YORK MUNICIPALITY: By: By: For Commissioner of Transportation Print Name: Date: Title: STATE OF NEW YORK )ss.: COUNTY OF MONROE On this day of , 20 before me personally came to me known, who, being by me duly sworn did depose and say that he/she resides at - that he/she is the of the Municipality described in and which executed the above instrument; that it was executed by order of the of said Municipality pursuant to a resolution that was duly adopted on and which a certified copy is attached and made a part hereof; and that he/she signed his/her name thereto by like order, Notary Public APPROVED AS TO FORM APPROVAL BY NYS COMPTROLLER'S OFFICE STATE OF NEW YORK ATTORNEY GENERAL By: By: Resolution No. 2020_______ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION REGARDING SANITARY SEWER EASEMENT AGREEMENT AT BAY VILLAGE ESTATES CONDOMINIUM 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 the17th day of November, 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 has received a grant for various improvement projects from New York State as part of the Lake Ontario Resiliency and Economic Development Initiative (REDI) due to recent years of extremely high water levels on Lake Ontario; and WHEREAS, the Department of Public Works desires to increase the resiliency of the Bay Village Wastewater Pump Station (“BVWPS”), which is susceptible to inflows of water during periods of high water levels, and to connect additional homes to the existing sewer system to flow into the BVWPS (the “Project”); and WHEREAS, pursuant to a resolution adopted on May 19, 2020, the Town Board determined that the Project is an unlisted action pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and, upon review of the Short Environmental Assessment Form for the Project, adopted a Negative Declaration for the Project, ; and WHEREAS, the Town of Irondequoit desires to obtain a permanent easement on the Common Elements of Bay Village Estates Condominium (Tax Identification Number), located on Bay Village, Rochester, NY 14609 which is attached hereto and made a part hereof, for the construction and maintenance of the Project attached as Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves and accepts permanent sanitary sewer easement agreement from Common Elements of Bay Village (Tax Identification Number), located at Bay Village, Rochester, NY 14609 as shown in Exhibit A, which is attached hereto and made a part hereof, to the Town of Irondequoit in such form as approved by the Attorney for the Town. AND, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute any and all documents related to this easement. 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 _______ Exhibit “A” 8935497_1 SANITARY SEWER EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made the____ day of ___________, 2020, by and between BAY VILLAGE ESTATES CONDOMINIUM, a condominium under Article 9-B of the Real Property Law of the State of New York, with an address of 100 Bay Village, Irondequoit, New York 14609, “Grantor”; and THE TOWN OF IRONDEQUOIT, a municipal corporation with offices at 1280 Titus Avenue, Irondequoit, New York, 14617, “Grantee” or “Town”. WITNESSETH That the Grantor in consideration of One and 00/100 Dollars ($1.00) lawful money of the United States, and other good and valuable consideration paid by the Town to Grantor, the receipt of which is hereby mutually acknowledged, hereby sells, grants, and conveys and by these presents has sold, granted, and conveyed to the Town and its successors and/or assigns permanent easement, and privileges in, along, under and over the strips of land known as Common Elements situate at Bay Village Drive, in the Town of Irondequoit, County of Monroe, State of New York, as described in the description attached hereto and made a part hereof as Schedule A, and depicted in the drawing prepared by LaBella Associates DPC, dated November 2, 2020, made a part hereof as Schedule B (Easement Premises). TO HAVE AND TO HOLD, the premises herein granted unto the Grantee and its assigns, forever, with the following rights and privileges. 1. The Grantee and its agents, employees, and contractors may at any time enter upon the whole or any portion of the lands described above for the purpose of: constructing, laying, and placing pipes, conduit, cables, wires, manholes, mains, pumps, pump stations, meters, regulators, valves, fixtures, fittings, connections and appurtenances at or below ground level as may be necessary for sanitary sewer use (collectively, the “Easement Facilities”), and for the purpose of forever operating, maintaining, repairing, replacing, enlarging, or improving the whole or any portion of the Easement Facilities, which construction and maintenance is for the benefit of the Grantee together with the free ingress and egress for all of the above purposes. 2. In connection with any construction work to be performed in accordance with the Easement Facilities, the Grantor hereby grants, conveys, declares and establishes temporary easements for construction staging and incidental encroachments upon the remainder of the lands described above that may occur as a result of construction of the Easement Facilities, so long as such staging and encroachments are kept within the reasonable requirements of construction work expeditiously pursued. 8935497_1 3. The Grantor, their successors and/or assigns in interest, reserves the right to plant and maintain shrubbery, lawn and/or install a driveway on the lands in which the permanent easement is granted to the extent that they do not adversely affect the Easement Facilities, provided however that Grantor covenants and agrees no buildings or other structures shall be constructed on the lands in which the permanent easement is granted, nor shall the Grantor plant any new trees or make any changes to the grade of the land, nor shall there be any filling, mining or blasting within the boundaries of the lands in which the permanent easement is granted. If it is necessary for the Town to enter thereon for construction, maintenance, repair, replacement, improvement of any of the Easement Facilities, Grantee will be responsible for the replacement of shrubbery and lawn which the Town has removed or damaged, at Grantee's expense. The Grantor covenants and agrees that the Town at any time may remove any trees, shrubbery, driveways, buildings, structures or other embellishments or improvements which it deems are necessary for the performance and maintenance of the rights herein created without any liability whatsoever to the Grantor on the part of the Town, its successors and assigns, except for the negligent removal thereof. This shall apply both to the original entry and any re -entry as herein authorized. 4. Grantor represents and warrants to the best of its knowledge that it is the sole owner of those portions of Easement Premises located on Grantor’s property, and the sole party necessary to grant the Easement in, to and on those portions of the Easement Premises as herein provided. Grantor further represents and warrants that it has good and marketable fee simple title to those portions of the Easement Premises, and the right to create this Easement for the benefit of the Grantee. 5. Grantor represents and warrants that it has taken all corporate, partnership or limited liability company, as the case may be, action necessary to authorize the execution and delivery of this Agreement and this Agreement constitutes the legal, valid and binding obligation of Grantor, enforceable against Grantor in accordance with its terms. 6. The Grantor, their successors and/or assigns in interest, hereby releases the Grantee from any and all damages to the lands adjacent to the land in which the Grantee is granted this easement, including any decrease in the value of such lands resulting from the construction or maintenance of the utility installation, except for damages caused during construction or maintenance of the easement or as the result of the negligence of the Grantee. 5. The Grantor covenants that the Grantee shall quietly enjoy this easement subject to the conditions set forth at number "3" above and will forever warrant the title to the same. 6. The Grantor, their successors and/or assigns in interest, reserves the full use and enjoyment of the premises hereby conveyed, and to exercise the rights of ingress and egress over 8935497_1 the same to its adjacent lands or public highways, except for the purposes herein granted to the Town. 7. This easement shall be perpetual in nature, unless terminated, modified, or amended in writing by the parties hereto, and shall in all respects run with the land, shall inure to the benefit of the parties hereto, their distributees, successors, assigns, and grantees and is created for the benefit of the parcel described in the attached schedules. This easement shall be perpetual in nature and no abatement or surrender of this easement shall be deemed by virtue of the Town’s failure to exercise the rights contained herein. 8935497_1 [Signature page to Sanitary Sewer Easement] IN WITNESS WHEREOF, the parties have duly executed this Easement Agreement as of the day and year first above written. GRANTOR: BAY VILLAGE ESTATES CONDOMINIUM By: ____________________________________ Name: ____________________________________ Title: President, Board of Managers STATE OF NEW YORK } COUNTY OF _________ } SS: On the _____ day of ____________, 2020, before me, the undersigned, personally appeared ________________________________ personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individuals acted, executed the instrument. ____________________________________ Notary Public GRANTEE: TOWN OF IRONDEQUOIT By: ____________________________________ Name: ____________________________________ Title: David A. Seeley, Supervisor 8935497_1 STATE OF NEW YORK } COUNTY OF _________ } SS: On the _____ day of ____________, 2020, before me, the undersigned, personally appeared ________________________________ personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individuals acted, executed the instrument. ____________________________________ Notary Public 8935497_1 Schedule A Address: 100 Bay Village Tax Identification No.: [insert] Common Elements of Bay Village Estates Condominium Easement Description ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Irondequoit, County of Monroe, State of New York, bounded and described as follows: Commencing at an angle point in the southerly Right of Way for Bay View Road; thence N 89°40'19" W along said Right of Way a distance of 123.43 feet to a point, said point being the POINT OF BEGINNING; thence Through the lands of the Bay Village Estates Condominium Common Elements the following courses and distances: 1) S 5°45'53" E, a distance of 71.45 feet to a point; thence 2) along an arc to the left a distance of 138.78 feet, having a radius of 240.00 feet the chord of which is S 22°19'49" E, a distance of 136.85 feet to a point; thence 3) S 38°53'45" E, a distance of 151.58 feet to a point; thence 4) along an arc to the right a distance of 89.88 feet, having a radius of 260.00 feet the chord of which is S 28°59'34" E, a distance of 89.43 feet to a point; thence 5) S 19°05'23" E, a distance of 117.92 feet to a point; thence 6) along an arc to the left a distance of 87.92 feet, having a radius of 115.00 feet the chord of which is S 40°59'28" E, a distance of 85.79 feet to a point; thence 7) S 62°53'34" E, a distance of 215.40 feet to a point; thence 8) along an arc to the left a distance of 90.72 feet, having a radius of 140.00 feet the chord of which is S 81°27'27" E, a distance of 89.14 feet to a point; thence 8935497_1 9) N 79°58'40" E, a distance of 81.00 feet to a point; thence 10) N 13°13'20" E, a distance of 5.96 feet to a point; thence 11) N 0°39'18" W, a distance of 38.99 feet to a point; thence 12) N 89°20'42" E, a distance of 25.00 feet to a point in the westerly boundary of lands now or formerly of Cathy Fabretti tax parcel 93.09-1-1; thence 13) S 0°39'18" E along said westerly boundary a distance of 60.69 feet to a point; thence Through the lands of the Bay Village Estates Condominium Common Elements the following coursed and distances: 14) S 79°58'37" W, a distance of 104.48 feet to a point; thence 15) along an arc to the right a distance of 103.69 feet, having a radius of 160.00 feet the chord of which is N 81°27'30" W, a distance of 101.88 feet to a point; thence 16) N 62°53'36" W, a distance of 215.40 feet to a point; thence 17) along an arc to the right a distance of 103.21 feet, having a radius of 135.00 feet the chord of which is N 40°59'29" W, a distance of 100.72 feet to a point; thence 18) N 19°05'23" W, a distance of 117.91 feet to a point; thence 19) along an arc to the left a distance of 82.96 feet, having a radius of 240.00 feet the chord of which is N 28°59'30" W, a distance of 82.54 feet to a point; thence 20) N 38°53'38" W, a distance of 50.69 feet to a point; thence 21) S 51°06'22" W, a distance of 15.00 feet to a point; thence 22) N 38°53'38" W, a distance of 100.92 feet to a point; thence 23) along an arc to the right a distance of 159.01 feet, having a radius of 275.00 feet the chord of which is N 22°19'46" W, a distance of 156.80 feet to a point; thence 8935497_1 24) N 5°45'53" W, a distance of 75.19 feet to a point in the southerly Right of Way for Bay View Road; thence 25) S 89°40'19" E along said southerly Right of Way a distance of 35.20 feet to the POINT OF BEGINNING. The above described parcel contains 0.637 acres (27763 sq. ft.) Intending to describe a 20 foot wide easement, 10 feet either side of a sanitary sewer, as-built. Schedule HB" f r V1l ROAD ' L1? '2L4a o% ti 4L11h: NA. AF TA's 1 92.12-4-7 ,1 TA' 92.12-4-10 TA" 92.12-4-11 �=n Y., t wY. u[nL IR0ND0QUDIT BAY sm + Layne 1.61,0 OnFLI m ':uao-ux-hai .1n su v mm e.o' wo. III MP t c PE AREA=27763 SQ FT OR M47 ACRES N/F C THY FABRETTI Ab 93.09-1-1 siNAr . TA" / TA' / 92.12-2-72 / 92.12-2-73 TA" 92.12-2-81 TA" 9 3.09 —1 —3 TITLE PERMANENT SANITARY SEWER EASEMENT TO THE TOWN OF IRONDEQUOIT CLIENT: TOWN OF IRONDEDUOIT DRAWING NO• 1 of 1 PROJECT NO 214153 053 DATE NJOA BER 2, 2020 SCALE 1 "=100, DRAWN BY MWH SHEET NO E-1 LABELLA Assoeiat linkF.C' 300 STATE STREET ROCHESTER, NY 14614 t is a N3An of kern EmcAm Laa ket 145 5x7279 l4 my ywrael Tins aiuCAdel, 5rt1m al afi:md niiktp'Nmkok ngkr. a We L 46254 4l5Clr.146 NIl5a1b '} 654 101414 utltlei ngem 7N0O tamps Avtl, ,thAN MAC 4,444, denYsuelyr Pa9171' lOhe LT tlti All ad 40&Ilee1 brioLvedtly 10r9Rn54C toe a ir515561 ail Yr3C mwlromaYYYaaBm OILY "„FIS RONNE MILL 5F1145 SEAMY N4KJN11' AN hiaY.Oi THE LW MAYORS TiOVASINIE E0IHER OvllOT;IkC ONES Resolution No. 2020- EXTRACT OF MINUTES OF TOWN BOARD MEETING ADOPTING RESOLUTION AUTHORIZING SURETY, FORM AND AMOUNT OF OFFICIAL UNDERTAKING FOR THE FAITHFUL PERFORMANCE OF THE DUTIES OF THE TOWN CLERK AND RECEIVER OF TAXES AND ASSESSMENTS 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 17th day of November 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, Section 25 of the Town Law requires that the Tax Receiver’s Bond be filed in the Office of the Clerk of the Town and that the form and amount of the bond is to be as directed and approved by the Town Board and that the approval is to be indicated on the bond. NOW, THERFORE, BE IT RESOLVED, that the Town Board hereby approves the surety, form and amount of the office undertaking for the faithful performance of the duties of the Town Clerk and Receiver of Taxes and Assessments, as follows: Type of Undertaking: Public Employee Faithful Performance Dishonesty Coverage Policy Insurance Company: Travelers Insurance Company Amount: $1,000,000.00 BE IT FURTHER RESOLVED, that pursuant to Section 25 of the Town Law, the Supervisor, Town Clerk, Collector, Receiver of Taxes, Town Justice, Constable, Superintendent of Highways and such other officers and employees as the Town Board may require, shall execute and file an official undertaking in the Office of the Town Clerk and the Office of the County Clerk in the form, sum and with sureties directed and approved by the Town Board as indicated on such undertakings. A true copy of this resolution shall be affixed to the undertakings to indicate this Board’s approval thereon in accordance with Town Law Section 25. 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 Number 2020- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE 2021 WORKSHOP, REGULAR TOWN BOARD AND ORGANIZATION MEETING DATES 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 17th day of November 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 2021 Town Board Meeting Schedule for Workshop Meetings and the Regular Town Board Meetings has been submitted by the Town Clerk’s Office for approval by the Town Board. NOW, THEREFORE, BE IT RESOLVED, the Town Board approves the 2021 Workshop and Regular Town Board Meeting Schedule as follows: Monday, January 4, 2021 @ 4:00 PM Organization Meeting Workshop Meetings (4:00 p.m. Tuesdays) Regular Town Board Meetings (7:00 p.m. Tuesdays) January 12, 2021 February 9, 2021 March 9, 2021 April 13, 2021 May 11, 2021 June 8, 2021 July 13, 2021 August 10, 2021 September 14, 2021 October 12, 2021 November 9, 2021 December 14, 2021 January 19, 2021 February 16, 2021 March 16, 2021 April 20, 2021 May 18, 2021 June 15, 2021 July 20, 2021 August 17, 2021 September 21, 2021 October 19, 2021 November 16, 2021 December 21, 2021 This resolution shall take effect 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