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.