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HomeMy Public PortalAbout2020.12.08 Wksp Packet WORKSHOP MEETING DECEMBER 8, 2020 4:00 PM AGENDA 12-04-2020 4:48 PM PLEDGE OF ALLEGIANCE ROLL CALL REVIEW OF AGENDA ITEMS FOR THE DECEMBER 15, 2020 RTB MEETING ITEMS FOR BOARD ACTION 12WKSP2020-1 RESOLUTION Scheduling a Public Hearing Pertaining to Allocating Funds Awarded Through the CARES Act as an Amendment to the Irondequoit 2019- 2020 Community Development Block Grant Program Annual Plan 12WKSP2020-2 RESOLUTION to Approve the Hiring of a Police Officer Recruit 12WKSP2020-3 RESOLUTION Regarding Stormwater Easement Agreement RESOLUTION NO.: 2020- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION TO SCHEDULE A PUBLIC HEARING PERTAINING TO ALLOCATING FUNDS AWARDED THROUGH THE CARES ACT AS AN AMENDMENT TO THE IRONDEQUOIT 2019-2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ANNUAL PLAN At the workshop meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held via Zoom, on the 8th day of December 2020 at 4:00 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 is a Community Development Block Grant (CDBG) entitlement community and, as such, received approximately $894,392 in supplemental funding through the Federal CARES Act for activities relating to preventing, preparing for or responding to coronavirus from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the Town intends to allocate $150,000 of the CARES Act funds for the Revitalizing Irondequoit Small Business Economy (RISE) grant program to assist businesses impacted by the COVID-19 pandemic as an amendment to its Annual Plan for 2019-2020 which was submitted to and approved by HUD; and WHEREAS, the Town is required to hold a public hearing on this matter in compliance with the expedited process authorized by the CARES Act. NOW, THEREFORE, BE IT RESOLVED, that the Town Board schedules a public hearing to be held at the regular meeting of the Town Board on December 15th at 7:35 pm in the matter of allocating funds awarded through the CARES Act as an amendment to the Irondequoit Community Development Block Grant Annual Plan for the 2019-20 Program Year. 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 ___________ IRONDEQUOIT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR AUGUST 1, 2019 through JULY 31, 2020 APPLICATION FOR FUNDING & PROPOSAL FORM SUPPELMENTAL FUNDING APPLICATION PURSUANT TO 2020 FEDERAL CORONAVIRUS AID, RELIEF and ECONOMIC SECURITY (CARES) ACT The CDBG program’s primary objective is the development of viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low and moderate income persons. The Town of Irondequoit has been allocated $894,392 from the 2020 Coronavirus Aid, Relief and Economic Security (CARES) Act. Send your application to: Comptroller Town of Irondequoit 1280 Titus Ave. Rochester, NY 14617 dmarsh@irondequoit.org 1. Name of Proposed Activity: Revitalizing Irondequoit Small Business Economy (RISE) Grant Program – Phase II Name of Sponsor Organization: Town of Irondequoit 2. Description of Proposed Activity: In June, 2020 the Town of Irondequoit created a small business grant program intended to provide working capital for Irondequoit small businesses who had been adversely impacted by the COVID-19 health crisis. The “Revitalizing Irondequoit’s Small Business Economy” or RISE program used supplemental funds to the Town’s Community Development Block Grant (CDBG) made available from the Coronavirus Aid, Relief and Economic Security (CARES) Act of 2020.This grant program aims to help businesses that have been impacted by State, Federal and local public health guidelines that are implemented to reduce the spread of the virus, but as a consequence, create economic hardship on small businesses. The Town of Irondequoit wishes to administer a Phase II of the RISE program to provide assistance to those businesses who may be disproportionately impacted by ongoing public heath guidelines, that lead to their temporary closure or other restrictions of their business practices. Funding Structure: Businesses impacted by economic shutdowns imposed by County, State, Federal or local public health guidelines in response to the COVID-19 virus would be eligible to receive funding upwards of $5,000. Given the dynamic nature of the COVID-19 pandemic, the Town will prioritize funding based on those industries which are experiencing a disproportionate burden of the economic harm created by the pandemic. 3. Location and Address of Proposed Activity: Town of Irondequoit, 1280 Titus Ave, Rochester, NY 14617 4. Amount of CDBG Funds Requested for this Activity: $150,000, including costs for program delivery. 5. What situation, demonstrated need, or problem will this activity correct and how? The COVID-19 health crisis created an unprecedented burden on businesses located in the Town of Irondequoit, with the abrupt closing of the nation’s economy. In order to assure that Irondequoit’s small business community - which employs many low and moderate income individuals in the community - remains vibrant, the Town provided funding to assist these enterprises as they re-emerge from the economic shutdown. As the nation has dealt with the pandemic, it continues to experience high COVID infection rates that are warranting the temporary closure of certain businesses, or restrict economic activity. By adding additional funding to the RISE program, the Town of Irondequoit will continue to allocate grant funding to those businesses most impacted by the pandemic. 6. Number of activity beneficiaries: Phase II of this program would benefit an estimated 75 businesses in Irondequoit 7. Are the majority of activity beneficiaries low / moderate income persons? Yes____ No__X__ Yes No Elderly ____ __X__ Handicapped ____ __X__ 8. Describe any environmental concerns associated with the proposed activity: n/a 9. How will this activity be implemented? A. Competitive Bid _____ B. Requests for Proposals __X___ C. Force-Account _____ D. Other (describe) _____ 10. What will your department or organization contribute to this activity? A. Capital $______ B. Administration $___X___ C. Engineering / Planning $______ D. Other (describe) $______ Total amount leveraged $_ ______ 11. When will the proposed activity begin and when will it be completed? Starting Date: December 16, 2020 Completion Date: June 1, 2021 12. How will you ensure the timely implementation of this activity, and what criteria will be used to judge the activity’s success? The goal of the CARES Act is to provide economic assistance. Upon receiving approval from the Town Board, the Town would immediately open the application period and begin processing grants. Criteria used to judge the program’s success will include, but not be limited to: 1. Number of businesses impacted 2. Total number of Employees of those businesses 3. Number of businesses that close before June 1, 2021. * For Public Works projects or studies, please complete the attached Estimated Budget form. Proposal Submitted by: _David Seeley, Supervisor, Town of Irondequoit Date: __12_/__8_/__20__ Resolution No. 2020- __________ EXTRACT OF MINUTES OF A WORKSHOP MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF A POLICE OFFICER RECRUIT At the workshop 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 8th day of December 2020, at 4:00 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, Tyler Freedman 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 Tyler Freedman 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 MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION REGARDING STORMWATER EASEMENT AGREEMENT At the workshop 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 8th day of December, 2020 at 4:00 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, Irondequoit Senior Housing Development Fund Corp. and Irondequoit Senior Living LLC are developing a project to build senior housing at 2590 Culver Rd (“Project”), which such project was subject to Planning Board review; and WHEREAS, the Project requires that the Town of Irondequoit obtain a permanent stormwater easement located at the property upon which the Project is located; and WHEREAS, the Town desires to enter into a Stormwater Easement Agreement with the owner of the property to accept the easement; and WHEREAS, the location of the permanent stormwater easement is described and depicted in the attachments hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the Stormwater Easement Agreement between Peter G. Wambach and the Town, in substantially the form as attached hereto as Exhibit A, ,and as approved by the Attorney for the Town, accepts the easement as described therein, and authorizes the Supervisor to execute the same and any and all documents related to the foregoing. 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” TA Parcel ID # 092.10-3-1.1 Return to Ann Doeller Department of Public Works, Town of Irondequoit 2629 East Ridge Rd Rochester, NY 14622 STORMWATER EASEMENT AGREEMENT THIS STORMWATER EASEMENT AGREEMENT (this “Agreement”) is made as of this ____day of ______, 20__, by and between Peter G. Wambach (“Grantor”) and the TOWN OF IRONDEQUOIT, a municipal corporation of the State of New York with its principal offices located at 1280 Titus Avenue, Town of Irondequoit, County of Monroe, New York 14617 (“Grantee”). WITNESSETH: That the Grantor in consideration of One Dollar ($1.00) lawful money of the United States and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency of which is hereby mutually acknowledged, hereby grants and conveys and by these presents has granted and conveyed to Grantee, it successors, grantees and assigns a permanent easement as hereinafter more fully described (the “Easement”) upon those portions of those lands held in fee ownership by Grantor being located in the Town of Irondequoit, County of Monroe and State of New York, New York, being tax account number 092.10-3-1.1, Town of Irondequoit and more particularly described in Exhibits “A” and “A1” and annexed and made a part hereof (the “Easement Premises”), upon the following terms: 1. The Easement herein created shall permit Grantee at any time to construct, reconstruct, replace, relocate within the Easement Premises, store snow at the end of Hulda Park to the side of the proposed driveway to the property, maintain, operate, repair, enlarge and remove a stormwater system and related facilities, including, but not limited to, all necessary pipelines, conduits, cables, wires, manholes, mains, pumps, pump stations, meters, regulators, valves, fixtures, fittings, connections and appurtenances used or useful in connection therewith (collectively, the “Stormwater System”) as may be necessary or desirable in Grantee’s good business judgment and to make such borings and excavations and to perform such work within, above, beneath, and adjacent to the Easement Premises and to conduct such test, samples and inspections, thereof as may at any time be deemed necessary by Grantee in its good business judgment Grantor further grants to Grantee the right to tie-in and connect by such means, as Grantee determines to be reasonably appropriate, the Stormwater System herein described, or any part thereof, with other stormwater systems on contiguous parcels. 2. Grantor further grants and conveys to Grantee an easement and right-of-way upon Grantor’s lands contiguous to the Easement Premises and further the rights of access to, and of ingress and egress to and from, over, under and upon the Easement Premises for all purposes hereinbefore set forth and incidental thereto, including the right from time to time to enter upon the Easement Premises with personnel, materials, supplies, machinery and equipment and further the right to trim, cut and remove trees, brush, soil, and other physical obstructions thereon; reserving the Grantor, however, their right of use and enjoyment of the Easement Premises for all purposes not interfering nor inconsistent with the rights herein granted to Grantee. Grantee shall give reasonable notice, when possible, of such entry (except in cases of emergency, in which no notice is required). TA Parcel ID # 092.10-3-1.1 Return to Ann Doeller Department of Public Works, Town of Irondequoit 2629 East Ridge Rd Rochester, NY 14622 3. Grantor represents and warrants that they are 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. Grantor shall forever warrant and defend such title against all claims against the Easement Premises. 4. 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. 5. Grantor, for itself, its successors, grantees and assigns, agrees not to do or cause to be done directly or indirectly, any damage or interference to or with the Stormwater System, or any portion thereof, or its use or operation, nor to disturb any grading of soil completed by Grantee. 6. This Easement is and shall be perpetual in nature, shall in all aspects run with the land, shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors, assigns and grantees and is created for the benefits of, and shall burden, those portions of the parcels described in Exhibits “A” and “A1” hereof owned by Grantor. 7. Grantor for itself and its successors, grantees and assigns agrees to indemnify and hold Grantee harmless from any and all claims, charges, damages, losses, liability, costs and expensed (including, but not limited to, reasonable legal fees and disbursements) to any persons or property, or otherwise incurred by Grantee, arising out of any act or omission of Grantor, its agents, servants, members, shareholders, partners, officers, employees, contractors, invitees or licensees, or any portion thereof, that damages the Stormwater System, except to the extent, if any that such claims, charges, damages, losses, liability, costs and expenses that are due to the gross negligence or willful misconduct of Grantee, its agents, servants, officers, employees, contractor, invitees or licensees. 8. Grantor herby releases Grantee from any right to compensation by reason of Grantor’s creation of the Easement and further to any claims related to the Easement Premises by reason of Grantee’s removal of any trees, brush, soil, vegetation, structures, improvements or otherwise within the Easement Premises. 9. Grantee confirms, ratifies and accepts all of the terms and conditions of the Agreement by its execution hereof. 10. This Agreement shall be governed by, construed in accordance with and enforced pursuant to the laws of the State of New York without regard or reference to its conflict of laws principles. Grantor and Grantee hereby irrevocably submit to the non-exclusive jurisdiction of any New York state of federal court sitting in Monroe County, New York, over any action or TA Parcel ID # 092.10-3-1.1 Return to Ann Doeller Department of Public Works, Town of Irondequoit 2629 East Ridge Rd Rochester, NY 14622 proceeding arising out of or relating to this Agreement and Grantor hereby irrevocably agrees that all claims in respect of such action or preceding may be heard and determined in such New York state or federal court. Grantor hereby waives any objection that it may now or hereafter have to the venue of any such suit or such court or that such suite is brought in an inconvenient court. 11. No waiver of any provision of this Agreement, or consent to departure there from, is effective unless in writing and signed by Grantee. No such consent or waiver extends beyond the particular case and purpose involved. No amendment to this Agreement is effective unless in writing and signed by Grantor and Grantee. 12. All notices, request, demands or other communication provided for hereunder shall be in writing and, if to Grantor, mailed or delivered to it, addressed to it at the address specified on the beginning of this Agreement, or if to Grantee, mailed or delivered to it, addressed to the address of Grantee specified at the beginning of this Agreement. All notices, statements, requests, demands and other communications provided for hereunder shall be deemed to be given or made when delivered or forty-eight (48) hours after being deposited in the mails with postage prepaid by registered or certified mail, addressed as a foresaid. 13. If any provision of this Agreement, or any action taken hereunder, or any application thereof, is for any reason held to illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement, which shall be construed and enforced without reference to such illegal and invalid portion and shall be deemed to be effective or taken in the manner and to the full extent permitted by law. This Agreement integrates all the terms and conditions mentioned herein or incidental hereto and supersede all oral representations and negotiations and supersede, amend and restate prior writing with respect to the subject matter hereof. In this Agreement unless the context otherwise requires, words in the singular number include the plural, and in the plural number include the singular. This Agreement may be executed in counterparts. 14. Grantor shall file this Agreement in the Office of the Monroe County Clerk. [Signature Page to Follow] TA Parcel ID # 092.10-3-1.1 Return to Ann Doeller Department of Public Works, Town of Irondequoit 2629 East Ridge Rd Rochester, NY 14622 IN THE WITNESS WHEREOF, the parties hereto have executed and delivered this Stormwater Easement Agreement as the date first above written. GRANTOR: DATED: ___________, 201_ By:_________________________ GRANTEE: TOWN OF IRONDEQUOIT DATED: ___________, 201_ By:_________________________ Town Supervisor State of New York: County of _____________: On this _________day of ________________, 202__, before me personally appeared____________________________________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his,/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ____________________________ Signature of Notary and Stamp State of New York: County of _____________: On this _________day of ________________, 202__, before me personally appeared____________________________________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ______________________________ Signature of Notary and Stamp 280 East Broad Street Suite 200 Rochester, New York 14604 office: 585.232.5135 fax: 585.232.4652 www.bergmannpc.com Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C. Proposed Storm Easement to the Town of Irondequoit Through the Lands of Peter Wambach Tax Parcel No. 92.10-3-1.1 Irondequoit, New York, 14622 Exhibit A All that tract or parcel of land situate in the Town Lot 42, Township 14, Range 7, Town of Irondequoit, County of Monroe, State of New York, being more particularly bounded and described as follows: Commencing at a point on the west line of the “Cirri & Zizzo Culver Manor Subdivision Addition No. 3” as filed in the Monroe County Clerk’s Office in Liber 177 of Maps at Page 30, said point also being on the division line between the lands now or formerly of Peter G. Wambach (Liber 12407 of Deeds at Page 563) on the north and the lands now or formerly of Peter G. Wambach (Liber 6644 of Deeds at Page 153) on the south; thence, South 03°04'17" East, on said west subdivision line, a distance of 100.67 feet to the Point of Beginning; thence, South 03°04'17" East, continuing on said west subdivision line, a distance of 63.89 feet to a point; thence, the following five courses through the said lands of Peter G. Wambach: 1) South 06°27'15" West, a distance of 92.10 feet to a point; thence, 2) South 04°16'43" East, a distance of 155.78 feet to a point; thence, 3) South 87°07'42" West, a distance of 253.64 feet to a point; thence, 4) South 86°49'02" West, a distance of 243.74 feet to a point; thence, 4) South 00°46'29" East, a distance of 15.47 feet to a point on the north line of the “Culver Manor Subdivision” as filed in the Monroe County Clerk’s Office in Liber 59 of Maps at Page 12; thence, South 86°42'31" West, on said north line, a distance of 30.03 feet to a point; thence, the following six courses through the said lands of Peter G. Wambach: 1) North 00°46'29" West, a distance of 45.55 feet to a point; thence, 2) North 86°49'02" East, a distance of 272.59 feet to a point; thence, 3) North 87°07'42" East, a distance of 222.98 feet to a point; thence, 4) North 04°16'43" West, a distance of 127.86 feet to a point; thence, 5) North 06°27'15" East, a distance of 157.93 feet to a point; thence, 6) South 83°32'45" East, a distance of 19.43 feet to the Point of Beginning. Said easement containing 0.561 acres, more or less.