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2021.05.18 RTB Packet
REGULAR TOWN BOARD MEETING MAY 18, 2021 7:00 PM AGENDA 05-17-2021 11:16 a.m. PLEDGE OF ALLEGIANCE ROLL CALL SUPERVISOR’S REMARKS & ANNOUNCEMENTS PRESENTATION: 2020 Town of Irondequoit Audit Presented by Randy Shepard from The Bonadio Group PUBLIC INPUT FINANCIAL REPORT APPROVAL OF MINUTES April 13, 2021 Workshop Meeting April 20, 2021 Regular Town Board Meeting April 29, 2021 Special Town Board Meeting PUBLIC HEARINGS 5PH2021-1 On the Matter of Adopting the Irondequoit 2021 Community Development 7:35 PM Block Grant (CDBG) Program 5PH2021-1A RESOLUTION Adopting the Irondequoit 2021 Community Development Block Grant Program 5PH2021-2 On the Matter of Rezoning Tax ID Nos: 047.56-1-56.1, 047.56-1-4 and 047.56-1-95 7:36 PM from R-1 Residential and C-Business District to WD – Waterfront Development District ITEMS FOR BOARD ACTION Appointments 5A2021-3 Resolution Authorizing the Reappointment of an Ethics Committee Member 5A2021-4 Resolution Authorizing the Appointment of an Ethics Committee Member 5A2021-5 Resolution Authorizing the Appointment of a Part-Time Nutrition Aide 5A2021-6 Resolution Authorizing the Appointment of a Seasonal Laborer 5A2021-7 Resolution Authorizing the Appointment of a Recreation Leader Community Development 5A2021-8 Resolution Calling for a Public Hearing on the Matter of Granting a Special Use Permit for 1969 E. Ridge Road in a C-Business District Comptroller 5A2021-9 Resolution Authorizing an Amendment to the Formal Policy Regarding Petty Cash Police 5A2021-10 Resolution Accepting Grant Award for School Violence Prevention Grant 5A2021-11 Resolution Accepting Proposals for Risk Assessment Firm and Threat Assessment and Management Firm in Connection with the Irondequoit Police Department School Violence Prevention Program 5A2021-12 Resolution Declaring Surplus Items Public Works 5A2021-13 Resolution Adopting a Local Law Relating to the Regulation of the Irondequoit Cemetery 5A2021-14 Resolution Adopting an Amendment to Town Code Chapter 91 to Bar Overnight Mooring and Anchoring of Vessels at Irondequoit Bay State Marine Park 5A2021-15 Resolution Authorizing the Supervisor to Enter into a Contract for Architectural and Engineering Services for the Irondequoit Town Hall Master Plan Project 5A2021-16 Resolution Calling for a Public Hearing Authorizing Speed Reduction on Allwood Drive from 30 MPH to 25 MPH 5A2021-17 Resolution to Abandon Right-of-Way Near 99 Larkspur Lane 5A2021-18 Resolution Authorizing the Acceptance of Grant Funding from the Dormitory Authority of the State of New York Recreation 5A2021-19 Resolution Authorizing the Supervisor to Enter into and Amend Various Contracts with Vendors for Youth, Family and Senior Recreational Programming for Summer 2021 Supervisor 5A2021-20 Resolution Authorizing the Calling of a Public Hearing on a Proposed Local Law to Adopt Requirements for Tobacco Retail Dealers and Vapor Products Dealers 5A2021-21 Resolution Declaring Intent of the Town Board to Serve as Lead Agency Pursuant to State Environmental Quality Review Act Regarding a Local Law to Adopt Requirements for Tobacco Retail Dealers and Vapor Products Dealers 5A2021-22 Resolution Authorizing Agreements with Rochester Gas and Electric Corporation for the Purchase of Streetlighting Facilities 5A2021-23 Resolution Calling for a Public Hearing on a Proposed Amendment to Town Code Chapter 164 to Prohibit the Use of Recreational Marihuana, Use of Cooking Grills and Open Fires on Town Property Town Clerk 5A2021-24 Resolution Approving the Special Event License for E.R.A.S.E. 2nd Annual Juneteenth Event (INSURANCE PENDING) NEXT WORKSHOP MEETING--TUESDAY, JUNE 8, 2021 @ 4:00 PM NEXT REGULAR TOWN BOARD MEETING--TUESDAY, JUNE 15, 2021 @ 7:00 PM Town of Irondequoit Financial Report Month Ending 4/30/21 EXPENSES Fund 001 General (includes cemetery) percent of amended budget 005 Library percent of amended budget 021 Highway # 1, Road Impvts percent of amended budget 023 Highway # 3, Equipment Maint percent of amended budget 024 Highway # 4, ROW / Winter percent of amended budget 031 Consolidated San Sewer Dist percent of amended budget 038 Stormwater Drainage Dist. percent of amended budget 036 LaSalle Landing Sewer District percent of amended budget 039 Rock Beach San Sewer Dist percent of amended budget 040 Orland Road San Sewer Dist. percent of amended budget 051 Sea Breeze Water District percent of amended budget 071 - 098 Lighting Districts percent of amended budget TOTAL Original Amended Budget Budget 22,424,575 23,095,582 2,644,413 3,266,725 1,195, 444 Jar LP5x I,'l95 1,110,531 4,079,490 890,394 150 8,862 15,200 1,135, 294 146,450 36,917,528 37,727,957 Percent Percent Cumulative, Year to Month End of of Budget Expended Encumb'd Available Year Spent & Balance Elapsed Enc'brd 6,639,463 1,418,967 15,037,152 33 3% 34 9% 28 7% 6 1% 65 1% 2,644,413 992,843 8,503 1,643,067 33.3% 37 9% 37.5% 03% 62 1% 3$1,747 • 562,146 444,224 2,345,377 33 3% 30.0% ▪ 16.8 'I 13.3% 0 70.0% 1,195,981=. 281,2714 231,252 0.7 683,458 33.3% 42.9% Cr 23.5%4 r 19.3% G1 pr) 57.1% 1,112,231 = 454,426 cl/ 102,583 f- 555,222 33.3% 50 1% �f > +10.9°h 9,2°fu 49.9% 4,123,813 1,130,137 401,790 2,591,886 33-3% 37.1% 27.4% 9 7% 62,9% 898,234 167,639 110,118 620,477 33.3% 30 9% 18 7% 12 3% 69 1% 150 150 0 0 33.3% 100.0% 100 0% 0.0% 0 0% 8,862 0 0 8,862 33.3% 0.0% 0.0% 0.0% 100.0% 15,200 0 0 15,200 33 3% 0.0% 0 0% 0.0% 100.0% 1,135,294 297,573 0 837,721 333% 26,2% 26 2% 0 0% 73,.8% 146,450 28,038 118,412 0 33.3% 100 0% 19 1% 60 9% 0.0% 10,553,686 2,835,849 24,338,423 33.3% 35 5% Percent of Amended Budget Spent Percent of Amended Budget Encumbered Total Percent Spent & Encumbered 28.0% 7.5% 35 5% Tax Levy Sensitive 30,641,838 31,400,104 8,930,298 2,205,529 20,264,277 33 3% 35 5% Total Spent + Encumbered 11,135,827 28.4% 7.0% 64.5% 35.5% 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) 11,799,864 11,799,864 11,799,864 0 Payment In Lieu of Tax (001-1081) 267,097 267,097 163,356 103,741 Sales Tax (001-1120) 4,762,262 4,762,262 0 4,762,262 Mortgage Tax (001-3005) 900,000 900,000 0 900,000 AIM -Related Payments-NYS (001-2750) 613,283 613,283 0 613,283 Interest Earnings (001-2401) 20,000 20,000 2,001 17,999 Franchise Cable TV (001-1170) 695,000 695,000 -3,900 698,900 Recreation Program Fees (001-2001) 374,071 374,071 192,167 181,904 Cemetery Revenues (001-2190/2665) 94,000 94,000 34,668 59,332 Fines & Bail Forfeitures (001-2610) 220,400 220,400 29,911 190,490 Other Sources of Revenue 2,078,598 2,078,598 512,637 1,565,961 Appropriated Fund Balance 600,000 600,000 600,000 0 Total, Revenue & Fund Balance 22,424,575 22,424,575 13,330,704 9,093,871 65.1% 100 0% 61.2% 0.0% 0.0% 0 0% 10 0% -0 6% 51.4% 36 9% 13 6% 24.7% 33 3% 59.4% 36./0 . 2021 Printed on 5/5/2021 Page 1 Town of Irondequoit Financial Report Month Ending 4/30/21 Fund Cumulative Percent Percent Percent Original Amended Receipts Balance of of of Budget Budget as of to be Real Estate Year Revenue This Month Received Tax Elapsed Received 005 Library Real Estate Tax 2,495,508 2,495,508 2,495,508 0 13 8% 100.0% Other Sources of Revenue 148,905 148,905 64,891 84,014 43.6% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 2,644,413 2,644,413 2,560,399 84,014 33 3% 96 8% 021, 023, 024 Highway Funds Real Estate Tax 3,839,758 3,839,758 3,839,758 0 21 2% 100 0% At Other Sources 1,532,942 1,532,942 388,008 1,144,934 25.3% Appropriated Fund Balance 200,000 200,000 200,000 0 Total, Revenue & Fund Balance 5,572,700 5,572,700 4,427,766 1,144,934 33 3% 79,5% 031 Consolidated San. Sewer District Sewer Service Charges 3,931,039 3,931,039 3,931,039 0 100 0% Other Sources of Revenue 98,451 98,451 80,755 17,696 82.0% Appropriated Fund Balance 50,000 50.000 50,000 0 Total, Revenue & Fund Balance 4,079,490 4,079,490 4,061,794 17,696 33 3% 99 6% 038 Stormwater Drainage District District Service Charges 817,394 817,394 817,394 0 100 0% Other Sources of Revenue 23,000 23,000 131 22,869 0 6% Appropriated Fund Balance 50,000 50,000 50,000 0 Total, Revenue & Fund Balance 890,394 890,394 867,525 22,869 33 3% 97.4% 036 LaSalle Landing Sewer District District Capita! Charges 150 150 150 0 100 0% Other Sources of Revenue 0 0 _ -2 2 #DIV/0! Total Revenue 150 150 148 2 33.3% 99-0% 039 Rock Beach San. Sewer District District Capital Charges 8,857 8,857 8,857 0 100 0% Other Sources of Revenue 5 5 1 4 13 4% Total Revenue 8,862 8,862 8,858 4 33.3% 100.0% 040 Orland Road San Sewer District District Capital Charges 15,170 15,170 15,170 0 100 0% Other Sources of Revenue 30 30 2 28 5.8% Total Revenue 15,200 15,200 _ 15,172 28 33.3% 99 8% 051 Sea Breeze Water District District Real Estate Tax 10,000 10,000 10,000 0 100.0% Other Sources of Revenue 1,125,294 1,125,294 280,847 844,447 25 0% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 1,135,294 1,135,294 290,847 844,447 33 3% 25 6% 071 - 098 Lighting Districts District Real Estate Tax 146,450 146,450 146,450 0 100 0% Other Sources of Revenue 0 0 50 -50 Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 146,450 146,450 146,500 -50 33.3% 100.0% Summary of Revenues and Appropriated Fund Balances Real Estate Tax 18,135,130 18,135,130 18,135,130 0 100.0% 100 0% Special District Real Estate Tax 156,450 156,450 156,450 0 100.0% Sanitary Sewer Service Charges 3,955,216 3,955,216 3,955,216 0 100.0% Stormwater District Service Charges 817,394 817,394 817,394 0 100,0% Other Sources of Revenue 12,953,338 12953,338 1,745,522 11,207,815 13.5% TOTAL 36,017,528 36,017,528 24,809,712 11,207,815 33 3% 68 9% Appropriated Fund Balance 900,000 900,000 900,000 0 100.0% Grand Total, Revenues and Appropriated Fund Balance 36,917,528 36,917,528 25,709,712 11,207,815 69.6% 2021 Printed on 5/5/2021 Page 2 Town Board Meeting Notes The 2021 financial results for the Town as of April 30: total expenses —actual as well as encumbered —are $13,389k or 35.5% of budget which is higher than the 33.3% of the year that has elapsed. The breakdown is: actual expenses $10,553k and encumbered expenses $2,836k. Encumbrances represent 7.5% of expenditures as departments establish and commit to commodities, services, and supplies that will be needed during the year. The General Fund expenses are above budget at 34.9% or $8,058k. Here is the breakdown: actual expenditures - $6,639k; encumbrances $1,419k. In aggregate, the expenses in the highway funds are $2,076k or 36.6% of budget — above the 33.3% of the year that has elapsed. Encumbrances account for $778k (13.7%) and include fuel, salt, paving materials and equipment parts. Expenditures in the Library of $1,001k are 37.9% of budget. The Sewer Fund expenses are 37.1% of budget equating to $1,532k. Actual expenditures total $1,130k (27.4%) and encumbrances of $402k account for the remaining 9.7%. The expenses in Stormwater Drainage total $278k-30.9% of budget. Actual expenses are $168k (18.7%) while encumbrances total $110k. Expenses excluding encumbrances for the Town as well as the three major funds are less than the percent of the year that had elapsed. 33.3% of the year has 1 elapsed and the actual expenditures percentage (exclusive of encumbrances) for the Town is 28.0%; the General Fund is 28.7%; Sewer is 27.4%; and for the collective Highway funds -22.9%. The General Fund revenue received is $13,330k or 59.4% of budget. At the end of April, the Town has received $11,799k of real estate tax -100% of budget. 61.2% ($163k) PILOT (Payment In Lieu Of Tax) revenue has been received. Recreation has verified $192k revenue equating to 51.4% of budget. Regarding the entire Town: $25,710k or 69.6% of revenue and appropriated fund balance has been received to -date. Approximately $18,135k of the amount received is real estate tax. At month -end, the Library had received $2,560k or 96.8%of its budgeted revenue. Cumulative highway receipts of $4,428k have been documented representing 79.5% of budget. The sewer fund has received $4,062k-99.6% of that fund's budget. 97.4% of Stormwater Drainage Fund receipts have been received totaling $867k. This concludes my financial report for the month of April 2021. 2 WORKSHOP MEETING APRIL 13, 2021 51 Workshop Meeting of the Town Board of the Town of Irondequoit, held in the Broderick Room at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 13th day of April 2021 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, Commissioner of Public Works Robert Kiley, Deputy Commissioner of Public Works Erin Magee, Comptroller Diana Marsh, Director of Administration Maria Vecchio, Director of Community Development Kerry Ivers, Director of Recreation Katrina Hall, Assessor Amy Jorstad, Director of Human Resources Jason Vinette, Court Administrator David Marion, Communications Aide Michael Moss and Town Clerk Genier. Supervisor Seeley called the meeting to order, Pledge was said and Town Clerk Genier called Roll at 4:00 PM. SUPERVISOR’S COMMENTS/REMARKS: *Supervisor Seeley stated that the April meetings would be held in person in the Broderick Room. If anyone is uncomfortable, they can join in via Zoom. REVIEW OF AGENDA ITEMS FOR APRIL 20, 2021 RTB MEETING: Financial Report: Comptroller Diana Marsh reviewed the financial results for the Town as of March 31, 2021. Total expenses and encumbrances total 25.1% of budget or $9,381,000, which is on par with the 25% of the year that has elapsed. Actual expenses are $6,323,633 and encumbered expenses total $3,056,879. Encumbrances are typically high early in the year as departments are committing to services and supplies that will be needed throughout the year and outstanding prior year open encumbrances roll into the new year. The General Fund Expenses are at 25.5% of budget or $5,787,088. Actual expenditures are $4,175,960 and encumbrances are $1,611,128. Encumbrances include police and solid waste vehicles, legal fees, town-wide street lighting and capital lease payments due later in the year. Expenses in the Highway Funds are $1,721,000 or 30.4% of budget, higher than the 25% of the year that has elapsed. Encumbrances account for $866,000 (15.3%) and include fuel, salt and equipment parts. Expenses in the Library are under budget at $340,000 or 12.9%. The Sewer Fund expenses are 25.1% of budget, equating to $1,037,000, and expenses in Stormwater Drainage total $163,000—18.1% of budget. Actual expenses are $90,000 or 10.1% while encumbrances account for 8% of budget. The General Fund Revenue received is $12,970,353 or 57.8% of budget. At the end of March, the Town received $11,799,864 of real estate tax--100% of budget. PILOT (Payment in Lieu of Tax) revenue has been received at 61.2% or ($163,356). Regarding the entire Town: $24,957,855 or 95% of revenue and appropriated fund balance has been received to date. Approximately $18.1M of the amount received is real estate tax. The Library has received $2,513,433 or 95% of its budgeted revenue. The Highway has received 78.7% or $4,386,814 or its budgeted revenue. WORKSHOP MEETING APRIL 13, 2021 52 98% or $3,997,489 of the Consolidated Sanitary Sewer District revenue has been received. Stormwater Drainage recorded 97.4% or $867,493 of its budgeted revenue. Page 3 of this report presents the first quarter summary and comparison to the prior 6 years. Regarding expenditures by fund, which are included on the top third of the page, the percent of total current budget spent and encumbered is 25.1% and is slightly lower than the 1st quarter of the previous years. The middle third of the page contains the pertinent Sources of Revenue for the General Fund. The bottom third of the page allows for revenue comparisons of the other funds, with the last line reflecting the collective revenue and fund balance for the Town. The General Fund revenue of 57.8% is higher than last year when revenue was reduced due to COVID-19 but is on par with 2018 and 2019 revenues. The overall Town Revenue and Fund Balance of 67.6% is comparable to prior years. Approval of Minutes: Minutes from the following meetings to be approved: March 9, 2021 Workshop Meeting; March 16, 2021 Regular Town Board Meeting; March 23, 2021 Workshop/Work Session Meeting; and March 30, 2021 Special Town Board Meeting. Public Hearings: There are two (2) public hearings scheduled for April 20th. The first public hearing relates to the establishment of comprehensive regulations to govern the Irondequoit Cemetery. The second public hearing relates to amending Town Code Chapter 91 to bar overnight mooring and anchoring of vessels at Irondequoit Bay State Marine Park docks. Appointments: There are thirteen (13) appointments to be voted on. The first appointee is Richard Orczyk to the Board of Assessment Review to complete the 5-year term of a current vacancy which runs from October 1, 2020 through September 30, 2025. Mr. Orczyk will be compensated for his services in the amount of $20 per hour. Assessor Amy Jorstad stated that there is now a full panel on the Board. The second resolution would appoint Francis L. Gorman to the Zoning Board of Appeals as an Alternate Member. Mr. Gorman’s term would expire on December 31, 2022. The Alternate Member has no voting power but if a vacancy should come up, the Alternate Member could fill that spot. The third resolution would appoint Jenna Sergeant to the position of Recreation Supervisor. She has been with the Recreation Department since February 2017, and she brings a wealth of information and experience to the Department. The fourth resolution authorizes the appointment of a second Recreation Supervisor – Nathaniel Jenks. Councilmember Peter Wehner stated that Mr. Jenks interviewed very well, he runs a very good program and he brings a great deal of experience to this position. The fifth resolution would authorize the hiring of Amanda Miller as a Recreation Leader. She is reachable on the certified list of eligibles. Ms. Miller will be concentrating on the senior side of activities. This is a new position added to the Recreation Department. The sixth resolution authorizes the promotion of Nicholas Coffaro to Motor Equipment Operator. Two candidates were interviewed, and Mr. Coffaro was recommended for the position. Mr. Coffaro began working at the Town in 2015. He is a Town resident and has been training others on equipment. The seventh resolution authorizes the provisional promotion of Donald Macher to the position of Cemetery Operations Supervisor. He will oversee the operations of the Cemetery. Mr. Macher has worked in funeral homes and brings a wealth of experience to this position. Once the Civil Service test is offered, Mr. Macher will have to pass it and score within the top three in order to remain in the position. The eighth resolution would appoint Sara Corona to the Historic Preservation Commission. Director of Community Development Kerry Ivers stated that Ms. Corona has an Art History background and conducts art therapy programs. She is a long-time resident of Irondequoit and will bring good ideas and a new perspective to the Commission. The Commission is guided WORKSHOP MEETING APRIL 13, 2021 53 by the Town Code. The ninth resolution would appoint a part-time seasonal Code Enforcement Assistant. This is a seasonal grant-funded position that will run from April through October 2021. There were four interviews held and the candidate will work with the Irondequoit Police Department. The tenth resolution is the first of four appointing full-time laborers to fill vacancies in the Public Works Department. This resolution approves the appointment of Luke Teravainen as a full-time laborer in the Public Works Department. The eleventh resolution approves the appointment of Ryan Derleth as the second full-time laborer in the Public Works Department. The twelfth resolution approves the appointment of Justin Derleth as the third full- time laborer in the Public Works Department. The thirteenth resolution approves the appointment of Gregory A. Arena as the fourth full-time laborer in the Public Works Department. All four appointments were budgeted in the 2021 budget. Community Development: Director of Community Development Kerry Ivers reviewed one (1) resolution that calls for a public hearing on the matter of rezoning 047.56-1-56.1, 047.56-1-4 and 047.56-1-95 from R-1 Residential and C-Business District to WD – Waterfront Development District. All the parcels are located in the vicinity of 91 Lake Front. Director Ivers stated that the application of Steven LaBuzetta has been referred to the Town Planning Board and the Monroe County Planning Department for review and comment. The public hearing is scheduled for May 18, 2021 at 7:36 PM. Comptroller: Comptroller Diana Marsh reviewed one (1) resolution calling for a public hearing pertaining to the adoption of the Irondequoit 2021 Community Development Block Grant Program. As an entitlement community, the Town receives an annual block grant from the U.S. Department of Housing and Urban Development (HUD). The Town expects to receive approximately $906,128 for the Program which begins on August 1, 2021 and ends on July 31, 2022. The public hearing is required in compliance with the Program rules and regulations. The public hearing will be held on May 18, 2021 at 7:35 PM. Police: Police Chief Alan Laird reviewed four (4) resolutions. The first resolution accepts donations in memory of Gloria Shrodi, a retired School Crossing Guard. She recently passed away and her family wished to have donations in her memory made to the Irondequoit Police Department Crossing Guard Unit. The second resolution authorizes the Chief of Police to enter into an agreement with the NYS Department of Transportation to access live video feeds. The live video feeds will show live traffic conditions, including crashes, stalled vehicles, road hazards, weather conditions, traffic congestion and maintenance work. An Access Agreement is required in order to receive access to the live video. The third resolution authorizes the execution of a Memorandum of Understanding between the Monroe County Sheriff’s Office and the Irondequoit Police Department accepting NYS Division of Homeland Security and Emergency Services Grant in the amount up to $25,000. The grant to the Monroe County Sheriff’s Office is given to secure the U.S. Borders. Funds from this grant will be given to the Irondequoit Police Department to be used for personnel overtime and license plate reader maintenance pursuant to the terms and conditions of the Memorandum of Understanding. The fourth resolution authorizes educational expenses for Sgt. Jason Murphy to register for two classes in Cybersecurity at Union College. Upon successful completion of the courses, Sgt. Murphy will be reimbursed 80% of the cost of tuition, technology fee and required textbooks, totaling approximately $5,000. Funding for this expense is available in the 2021 budget. Public Works: Commissioner of Public Works Robert Kiley reviewed four (4) resolutions. The first resolution authorizes an amendment to the 2021 budget and the purchase of three (3) 2022 WORKSHOP MEETING APRIL 13, 2021 54 Chevy Silverado trucks to be used by the Department of Public Works. Commissioner Kiley stated that the Town is authorized to purchase these vehicles through state contracts. Hoselton Chevrolet, Inc. has been awarded the NYS OGS Contract and has submitted the lowest responsible bid of $35,879.80 per vehicle for a total purchase price of $107,639.40. Funding will be available in several of the Public Works accounts. The second resolution approves the revised fee schedule for the Irondequoit Cemetery. Deputy Commissioner of Public Works Erin Magee explained that the current fee schedule was updated in December of 2020. Since then, there has been a change in columbarium sales. Deputy Commissioner Magee recommends adding clarification of holidays when the Town is closed, as well as other instances that would require overtime fees that are incurred for personnel. The fee schedule will be revised to modify the prices for certain Cemetery sites, services and facilities. The third resolution authorizes a fee structure for fishing tournaments held in Irondequoit Bay while using the Irondequoit Bay State Marine Park Boat Launch. Deputy Commissioner Magee stated that there is much interest in fishing tournaments. As the Town has been making improvements to the Irondequoit Bay State Marine Park, it would like to establish rules and a fee structure for fishing tournaments. This can be done with Town Board approval. The fourth resolution authorizes the Supervisor to enter into a contract for HVAC services and preventative maintenance for various Irondequoit facilities. Commissioner of Public Works Robert Kiley sent out a Request for Proposal to three businesses, and Monroe Piping & Sheet Metal has been recommended by the Selection Committee. The HVAC Services & Maintenance annual fee in 2021 is $9,983; the annual fee for 2022 will remain the same. There is an optional extension for two more years, and the annual fee for 2023 and 2024 will have a 3% increase. Recreation: Director of Recreation Katrina Hall reviewed five (5) resolutions. The first resolution authorizes the Supervisor to amend various contracts with vendors for youth, family and senior recreational programming for winter/spring 2021. There was an update made to the contract of a youth instructor. The second resolution authorizes the membership rates for the new Irondequoit Community Center. Director Hall has collected and reviewed comparable membership rates from other Towns within Monroe County and shared that information with the Town Board. The Town Board has reviewed the membership fee schedule proposed and believes it is in the best interests of the Town and its residents to adopt same. The third resolution authorizes a Community Center Room Rental Fee Schedule for the Department of Recreation. Director Hall has collected and reviewed comparable fee schedules from other Towns within Monroe County and believes the proposed room rental schedule is in the best interests of the Town and its residents. The fourth resolution authorizes the Supervisor to enter into various contracts with vendors for the Town’s 2021 Farmers’ Market and Gazebo concert series. The series will run from May 27 to September 16, 2021. The fifth resolution authorizes the Supervisor to enter into a contract with RocSports for umpire services for Town-sponsored recreational leagues at McAvoy Park. RocSports submitted the lowest quote. The total cost for umpiring services for the season is not expected to exceed $12,600 and funds are available for this expense. The maximum number of games is estimated to be about 200 in the season. Supervisor: Supervisor Seeley reviewed two (2) resolutions. The first resolution is in regard to the State Environmental Quality Review (SEQR) Act with respect to the auction of 2180 East Ridge Road, the former East Irondequoit Library property. Supervisor Seeley stated that the Town will auction the land and building as it is no longer needed for Town purposes. An Environmental Assessment Form was completed, and it was determined that the auction will not WORKSHOP MEETING APRIL 13, 2021 55 have a significant impact on the environment. The second resolution authorizes the sale of 2180 East Ridge Road at auction. ITEMS FOR BOARD ACTION: 4WS2021-1 RESOLUTION Authorizing the Appointment of Four Seasonal Laborers On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the appointments of Ryan Derleth, Justin Derleth, Gregory Arena and Cameron Riedl as seasonal laborers in the Irondequoit Public Works Department. Commissioner of Public Works Robert Kiley stated that there is a need to hire seasonal employees, and these appointments are being made retroactive to April 5, 2021. Commissioner Kiley stated that he interviewed many qualified applicants and is pleased to bring forward Ryan Derleth, Justin Derleth, Gregory Arena and Cameron Riedl. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution No. 2021-069 4WS2021-2 RESOLUTION Authorizing the Appointment of a Part-Time Office Clerk IV in the Irondequoit Justice Court On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted authorizing the appointment of Susan Makowski as a part-time Office Clerk in the Irondequoit Justice Court. Court Administrator David Marion explained that there were two resignations from the Court and there is a need to fill these vacancies. He interviewed several candidates and is recommending Susan Makowski to fill this position. This is a non-competitive Civil Service position which had been posted in many areas to reach as many people as possible. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution No. 2021-070 4WS2021-3 RESOLUTION Authorizing the Appointment of a Second Part-Time Office Clerk IV in the Irondequoit Justice Court On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, a resolution was adopted authorizing the appointment of Tashe’ama Miles as the second part- time Office Clerk in the Irondequoit Justice Court. Court Administrator David Marion explained that this position is due to a resignation in the Court. After interviewing several candidates, he is recommending Tashe’ama Miles to fill the second part-time Office Clerk position. When asked why he isn’t hiring a full-time Office Clerk, Court Administrator Marion explained that there have always been two part-time positions and he is following that same format. One Clerk will work 10 AM to 2 PM and the other will work Noon to 4 PM. WORKSHOP MEETING APRIL 13, 2021 56 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution No. 2021-071 PRESENTATION: Drug-Free Irondequoit and American Lung Association Regarding Tobacco Point-of-Sale Policy Lexi Popovici, MPA, from the American Lung Association, along with Ginny Nacy, from Drug- Free Irondequoit, explained Point of Sale as the retail environment that is the primary venue where tobacco companies advertise and market their tobacco/vape products in various stores, looking to attract young users. It is very important to limit the number of young people smoking, as teens who use nicotine are more likely to drink alcohol, use marijuana and cocaine. She gave highlights of current New York State use rates, substance use risks, methods of marketing and the money that is spent on purchasing these tobacco products. The American Lung Association and Drug-Free Irondequoit are working to develop zoning and licensing policies that would reduce advertising of tobacco products at places close to schools and homes and limit the sale of these products to young people. Creating these Point of Sale policies are key strategies for preventing and decreasing tobacco use among young people. PRESENTATION: RISE--Revitalizing Irondequoit’s Small Business Economy Alex Hipolito, Administrative Assistant to Supervisor Seeley, gave a brief overview of the RISE Program which has supported small businesses in Irondequoit throughout the COVID-19 pandemic. Grant funding for RISE, totaling $540,000 has been provided to the Town through the Federal Coronavirus Aid, Relief and Economic Security (CARES) Act of 2020. Grants range from $2,500 to $7,000. There are three phases of the Program: Phase I provides grants up to $5,000 for all business types impacted by COVID-19; Phase II provides grants of up to $7,000 to businesses forced to close due to “Orange Zone” designations; Phase III provides grants up to $3,500 for all business types with funding equal to 100% of tax liability of the business. This is the only open phase of RISE. Mr. Hipolito reported the results of the different phases: Phase I received 96 applications and 81 grants given, with a total RISE funding provided of $285,000. Phase II received 39 applications with 24 grants provided, 1 pending, with a total RISE funding provided of $105,000. Phase III received 27 applications, with 20 grants provided and 7 grants pending. The total RISE Funding provided was $38,242.60. The grand total of all three phases of RISE grants is $435,242.60. Mr. Hipolito noted that businesses could apply for grant funding more than once. Currently, there is no end date scheduled. On a motion made by Councilmember Perticone, seconded by Councilmember Freeman, the Workshop Meeting was adjourned at 6:00 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk REGULAR TOWN BOARD MEETING APRIL 20, 2021 57 Regular Town Board Meeting of the Town Board of the Town of Irondequoit, held in the Broderick Room at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 20th day of April 2021 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, Chief of Police Alan Laird, Comptroller Diana Marsh, Director of Recreation Katrina Hall, Director of Human Resources Jason Vinette, Director of Community Development Kerry Ivers, Director of Administration Maria Vecchio, Communications Aide Michael Moss and Town Clerk Genier. Supervisor Seeley called the Meeting to order at 7:00 PM, pledge was said and Town Clerk Genier called roll. SUPERVISOR’S REMARKS AND ANNOUNCEMENTS: *Supervisor Seeley commented that this meeting is being held in part virtual and in person pursuant to Executive Order 202 of 2020 which provides for public meetings to be held virtually during the COVID pandemic. He added that it was good to be back in the Broderick Room for the Town meetings. *He noted that there are two public hearings on the agenda, both dealing with local laws. The first relates to the adoption of regulations for the Irondequoit Cemetery; the second public hearing relates to Chapter 91 of the Town Code baring overnight mooring and anchoring of vessels at the Irondequoit Bay State Marine Park docks. Public Input will also be held, following the Supervisor’s remarks and announcements. *Supervisor Seeley stated that both the Supervisor’s Office and the Police Department have received many complaints about the illegal use of motorcycles, dirt bikes, ATVs and other vehicles of this type on the roadways. These vehicles cannot be on public roadways as it presents a public safety issue. This matter needs to be brought under control. The Irondequoit Police will be working with other law enforcement units to address this issue. *The Town is working with Lifespan to ensure that people 50 and over receive their COVID vaccinations. Transportation will be provided. The clinic will be set up at Rochester Regional, across the street from Bishop Kearney. Please call 922-8888 or go to www.irondequoit.org for more information. *The Town’s Department of Public Works is still holding COVID testing. This has been very successful. *Invigorate Irondequoit will be held on Saturday, April 24th. People can call to volunteer and they will be sent to a site. *Also on that date, Drug Free Irondequoit and the Irondequoit Police will hold a Drug Take Back Day from 10 AM to 2 PM at the Town Hall. PUBLIC INPUT: Garth Freeman, 2419 St. Paul Boulevard, addressed the problems of noise that exist in his neighborhood from motorcycles, dirt bikes, speeding cars, etc. He said this has created an unsafe and disorderly environment for his family and neighbors. He would like to see a comprehensive plan in collaboration and partnership with all stakeholders to address this problem. FINANCIAL REPORT: Comptroller Diana Marsh reviewed the 2021 financial results for the Town as of March 31, 2021: Total expenses and encumbrances total 25.1% or $9,380.512 of budget, on par with 25% of the year that has elapsed. Actual expenses are $6,323,633 or 16.9% of budget; encumbered expenses total $3,056,879 or 8.2% of budget. Encumbrances are typically high early in the year as departments are committing to services and supplies that will be needed throughout the year and outstanding prior year open encumbrances roll into the new year. The General Fund expenses are at 25.5% of budget or $5,787,088. Actual expenditures are $4,175,960 and encumbrances are $1,611,128. Encumbrances include police and solid waste vehicles (4), legal fees, town-wide street lighting and capital lease payments due later in the year. Together, the expenses in the Highway Funds are $1,721,000 or 30.4% of budget, higher than the 25% of the year elapsed. Encumbrances account for $866,000 (15.3%) and include fuel, salt and equipment parts. Expenditures in the Library are under budget at 12.9% or $340,000. The Sewer Fund expenses are 25.1% of budget, equating to $1,037,000. The expenses in Stormwater Drainage total $163,000 or 18.1% of budget. The General Fund Revenue received is $12,970,353 or 57.8% of budget. Included in revenue is $11.8M of real estate tax or 100% of budget. Payment in Lieu of Tax (PILOT) revenue received is $163,000 or 61.2% of budget. REGULAR TOWN BOARD MEETING APRIL 20, 2021 58 Regarding the entire Town, $24,958,000 or 67.6% of revenue has been received to date. Approximately $18.1M of the amount received is Real Estate tax. The Library has received $2,513,433 or 95% of its budgeted revenue. Highway has received 78.7% or $4,386,814; Sewer has received $3,997,469 or 98% of the fund’s budget. The Stormwater Drainage budget has received $867,493 or 97.4% of its budgeted revenue. Comptroller Marsh then reviewed the first quarter summary and comparison to the prior 6 years. Regarding expenditures by fund, the percent of total current budget spent and encumbered is 25.1% and is slightly lower than the lst quarter of the previous years. The middle third of the page contains the pertinent Sources of Revenue for the General Fund. The bottom third of the page allows for revenue comparisons of the other funds, with the last line reflecting the collective revenue and fund balance for the Town. The General Fund revenue of 57.8% is higher than last year when revenue was reduced due to COVID-19 but is on par with 2018 and 2019 revenues. The overall Town Revenue and Fund Balance of 67.6% is comparable to prior years. Supervisor Seeley stated that the Town is pleased with the annual fund balance of approximately $2M, which will allow the Town to make some capital investments. On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, the financial report was accepted. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED APPROVAL OF MINUTES: On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the minutes from the March 9, 2021 Workshop Meeting were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Wehner, seconded by Councilmember Freeman, the minutes from the March 16, 2021 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 March 23, 2021 Workshop Meeting/Work Session were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the minutes from the March 30, 2021 Special Town Board Meeting were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED ITEMS FOR BOARD ACTION: 4A2021-3 RESOLUTION AUTHORIZING THE REAPPOINTMENT TO THE TOWN OF IRONDEQUOIT BOARD OF ASSESSMENT REVIEW On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the reappointment of Richard Orczyk to the Board of Assessment Review to complete the 5-year term of a current vacancy which runs October 1, 2020 through September 30, 2025 and he will be compensated for his services in the amount of $20 per hour. Assessor Amy Jorstad explained that Mr. Orczyk served on the Board last year, finishing out an unexpired term. This reappointment will have him complete a 5-year term. Mr. Orczyk is an experienced former appraiser, currently a real estate broker. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-072 4A2021-4 RESOLUTION AUTHORIZING THE APPOINTMENT OF AN ALTERNATE MEMBER TO THE TOWN ZONING BOARD OF APPEALS REGULAR TOWN BOARD MEETING APRIL 20, 2021 59 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the appointment of Francis L. Gorman to serve as Alternate Zoning Board of Appeals member, to a term expiring on December 31, 2022. Director of Community Development Kerry Ivers explained that there is a vacancy for this position, and F.L. Gorman, an attorney, expressed an interest in serving. He has experience in land use and zoning-related issues. Supervisor Seeley added that the Town likes to fill Board positions with diverse backgrounds and experiences. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-073 4A2021-5 RESOLUTION AUTHORIZING THE APPOINTMENT OF A RECREATION SUPERVISOR On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Jenna Sergeant as a Recreation Supervisor. Director of Human Resources Jason Vinette explained that there was a need for a Recreation Supervisor in the Department of Recreation. Director of Recreation Katrina Hall interviewed the candidates on the Certified list and recommended Jenna Sergeant for the position. Ms. Sergeant has been with the Department since February of 2017 and she is reachable on the certified list of eligibles. Ms. Sergeant will be working with the senior population. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-074 4A2021-6 RESOLUTION AUTHORIZING THE APPOINTMENT OF A SECOND RECREATION SUPERVISOR On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Nathaniel Jenks as a Recreation Supervisor. Director of Recreation Katrina Hall explained that there is a need for a second Recreation Supervisor to oversee the youth and family programs. Nathaniel Jenks was selected to fill this position and he comes with much experience in the teen population. Director Hall stated that this population is underserved in recreation and Mr. Jenks will be an asset in this area. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-075 4A2021-7 RESOLUTION AUTHORIZING THE APPOINTMENT OF A RECREATION LEADER On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Amanda Miller as a Recreation Leader. Director of Human Resources Jason Vinette explained that this is a competitive Civil Service position. This position was canvassed and all candidates were notified of this job opportunity. Several candidates were interviewed, and Amanda Miller was recommended. She was No. 1 on the Civil Service list. Director of Recreation Katrina Hall explained that Ms. Miller has experience in the senior population and will grow the senior programming offerings and the number of seniors utilizing the Town’s services. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2020-076 REGULAR TOWN BOARD MEETING APRIL 20, 2021 60 4A2021-8 RESOLUTION AUTHORIZING THE APPOINTMENT OF A MOTOR EQUIPMENT OPERATOR IN THE DEPARTMENT OF PUBLIC WORKS On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Nicholas Coffaro as a Motor Equipment Operator. Commissioner of Public Works Robert Kiley explained the need for a MEO. He stated that the position was non-competitive Civil Service and was posted for the required five days. Two candidates were interviewed and Nicholas Coffaro is recommended to fill the position. He has been a laborer in the Public Works Department since 2016, and he has had a variety of different duties. Mr. Coffaro has also taught other workers within the Department how to use various pieces of equipment. He is very qualified to take on this position. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-077 4A2021-9 RESOLUTION AUTHORIZING THE PROVISIONAL PROMOTION OF A LABORER TO A CEMETERY OPERATIONS SUPERVISOR On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the provisional appointment of Donald Macher to the position of Cemetery Operations Supervisor. Commissioner of Public Works Robert Kiley explained that this is a newly classified competitive Civil Service title. One candidate was interviewed and recommended for the position. Donald Macher joined the Department in 2017 and he is a Town resident. He has previously worked for a funeral home in Irondequoit and he is well received by the public. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-078 4A2021-10 RESOLUTION APPROVING AN APPOINTMENT TO THE HISTORIC PRESERVATION COMMISSION On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted appointing Sara Corona as a member of the Historic Preservation Commission through December 31, 2021. Director of Community Development Kerry Ivers explained that there is a vacancy on the Historic Preservation Commission, and Sara Corona submitted a letter of interest in serving on the Commission. She is currently an art therapist and pursuing an advanced degree in art history. She has a deep-rooted family history in Irondequoit. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-079 4A2021-11 RESOLUTION AUTHORIZING THE APPOINTMENT OF A PART-TIME SEASONAL CODE ENFORCEMENT ASSISTANT On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, a resolution was adopted approving the appointment of Mary Beth Egeling as a part-time seasonal Code Enforcement Assistant. Director of Community Development Kerry Ivers explained that this position would help with grass monitoring, which is an integral part of both property maintenance and the zombie property initiative. Director Ivers explained that this is a seasonal grant-funded position that will run from April through October 2021. Several candidates were interviewed and Mary Beth Egeling was unanimously recommended. Ms. Egeling is currently the School Crossing Guard Coordinator for the Irondequoit Police Department. The two positions coordinate nicely with Ms. Egeling’s schedule as this part-time position runs mostly in the summer when schools are closed. REGULAR TOWN BOARD MEETING APRIL 20, 2021 61 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-080 4A2021-12 RESOLUTION AUTHORIZING THE APPOINTMENT OF A FULL-TIME LABORER IN THE IRONDEQUOIT PUBLIC WORKS DEPARTMENT On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, a resolution was adopted approving the appointment of Luke Teravainen as a full-time Laborer in the Irondequoit Public Works Department. Commissioner of Public Works Robert Kiley explained that his Department needed to hire four full-time laborers. The Department of Public Works received over 35 applications and 9 interviews were held. Luke Teravainen was recommended by the Interview Committee. He has been doing building maintenance work at the Library since 2017 and he is a great asset for the Town.. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-081 4A2021-13 RESOLUTION AUTHORIZING THE APPOINTMENT OF A SECOND FULL-TIME LABORER IN THE IRONDEQUOIT PUBLIC WORKS DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Ryan Derleth as a full-time Laborer in the Irondequoit Public Works Department. Commissioner of Public Works Robert Kiley explained that Ryan Derleth has been a summer help, seasonal laborer for 5 years, doing various jobs for building maintenance. Ryan has been an integral part of the Town’s paving crew. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-082 4A2021-14 RESOLUTION AUTHORIZING THE APPOINTMENT OF A THIRD FULL- TIME LABORER IN THE IRONDEQUOIT PUBLIC WORKS DEPARTMENT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Justin Derleth as a full-time Laborer in the Irondequoit Public Works Department. Commissioner of Public Works Robert Kiley brought forth the name of Justin Derleth as the next full-time Laborer in his Department. Justin Derleth is a 4-year seasonal employee working on the paving crew. He resides in Town. Commissioner Kiley stated it is extremely rare for the Town to receive a letter of recommendation for employees, but Ryan and Justin Derleth received such a letter which highlights their work ethics. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-083 4A2021-15 RESOLUTION AUTHORIZING THE APPOINTMENT OF A FOURTH FULL-TIME LABORER IN THE IRONDEQUOIT PUBLIC WORKS DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Gregory Alphonse Arena as a full-time Laborer in the Irondequoit Public Works Department Commissioner of Public Works Robert Kiley explained that this is Gregory Arena’s 3rd year of seasonal summer help within the Highway Department. Mr. Arena has worked two summers in the mechanic shop, working on broken equipment. He will jump right in and do whatever job needs to be done. REGULAR TOWN BOARD MEETING APRIL 20, 2021 62 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-084 PUBLIC HEARINGS: 4PH2021-1 ON THE MATTER OF ADOPTING A LOCAL LAW RELATING TO 7:35 PM THE REGULATION OF THE IRONDEQUOIT CEMETERY On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the Public Hearing was opened at 7:40 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Supervisor Seeley noted that this matter would not be voted on at this meeting. Deputy Commissioner of Public Works Erin Magee explained that this local law will set rules and regulations that provide a clear guide as to the operations of the cemetery grounds and aligns with rules and regulations of State cemetery laws. The proposed local law also names the Department of Public Works and the Commissioner of Public Works as the overseers of the cemetery operations. 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 7:43 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED 4PH2021-2 ON THE MATTER OF AMENDING THE IRONDEQUOIT TOWN CODE 7:36 PM CHAPTER 91 TO BAR OVERNIGHT MOORING AND ANCHORING OF VESSELS AT IRONDEQUOIT BAY STATE MARINE PARK DOCKS On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, the Public Hearing was opened at 7:44 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Commissioner of Public Works Robert Kiley explained that this amendment to Chapter 91 of the Town Code would bar anchoring and mooring of vessels at the Town-owned Irondequoit Bay State Marine Park during the hours of 10 PM to 4 AM, when the Park is closed. The State Marine Park is scheduled to open in May and this local law will ensure that no anchoring and mooring is done during the closed hours. This proposed law would also allow any law enforcement agency to issue citations for overnight docking and mooring. Supervisor Seeley stated that this proposed local law will be voted on at the next Town Board meeting. 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 7:47 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED 4A2021-16 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE MATTER OF REZONING TAX ID NOS: 047.56-1-56.1, 047.56-1-4, 047.56-1-95 FROM R-1 RESIDENTIAL AND C-BUSINESS DISTRICT TO WD—WATERFRONT DEVELOPMENT DISTRICT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to execute a Memorandum of Agreement with the CSEA Supervisory Unit #7414-03 regarding Town of Irondequoit residency requirements. Director of Community Development Kerry Ivers explained that an application was submitted by Steven LaBuzetta to rezone three parcels of land located near 91 Lake Front from R-1 Residential and C-Business District to Waterfront Development District. This application has been referred REGULAR TOWN BOARD MEETING APRIL 20, 2021 63 to the Town’s Planning Board and Monroe County Planning Department for review and comment. The public hearing will be held on May 18, 2021 at 7:36 PM. The rezoning would allow for the redevelopment of these parcels to create 8 new units in 4 buildings. Supervisor Seeley added that this would amend the Zoning Map and notification of this will be sent to residents residing within 1,000 feet of the parcels. This matter will not be voted on following the public hearing. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-085 4A2021-17 RESOLUTION AUTHORIZING THE SCHEDULING OF A PUBLIC HEARING PERTAINING TO THE ADOPTION OF THE IRONDEQUOIT 2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted scheduling a public hearing for May 18, 2021 at 7:35 PM in the matter of adoption of the Irondequoit 2021 Community Development Block Grant Program in the approximate amount of $906,128 for submittal by the Town Supervisor to HUD. Comptroller Diana Marsh explained that programs in this year’s CDBG Program are similar to last year, plus new programs from the Department of Public Works. She noted the amount the Town is to receive is $906,128. Some of the money in the Grant Program will go toward the CARES Act. Supervisor Seeley noted that this process is done with citizen input after they have met with the applicants and reviewed the requests for funding. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-086 4A2021-18 RESOLUTION ACCEPTING DONATIONS IN MEMORY OF A CROSSING GUARD On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted formally accepting the monetary donations from individuals and allocating those donations to the benefit of the Irondequoit Police Department Crossing Guard Unit. Chief of Police Alan Laird explained that the family of Gloria Shrodi, who passed away in March of this year, wished to have donations made in her memory to the Irondequoit Police Department Crossing Guard Unit in Gloria’s memory. Ms. Shrodi was a school crossing guard for many years and she will be missed. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-087 4A2021-19 RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH NYSDOT TO ACCESS LIVE VIDEO FEEDS On a motion made by Councilmember Wehner, seconded by Councilmember Romeo, a resolution was adopted authorizing the Chief of Police to enter into an agreement with the NYS Department of Transportation wherein the Police Department will be able to view live video provided by a Closed Circuit Television system developed for traffic management. Chief of Police Alan Laird explained that this resolution will allow his Department to coordinate with NYSDOT for the traffic cameras located in Irondequoit. Currently, if the Department wanted to view live videos, they would have to go to the traffic center on Scottsville Road. Now, they can access those videos from the Town. This access will help with traffic conditions, such as crashes, road hazards, traffic congestion and maintenance work. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-088 REGULAR TOWN BOARD MEETING APRIL 20, 2021 64 4A2021-20 RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE MONROE COUNTY SHERIFF’S OFFICE AND THE IRONDEQUOIT POLICE DEPARTMENT ACCEPTING NEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES GRANT IN THE AMOUNT UP TO $25,000. On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted accepting the New York State Division of Homeland Security and Emergency Services grant and amending the 2021 police operating budget by appropriating up to $25,000 of grant revenue into the budget. Chief of Police Alan Laird explained that this resolution will allow the Department to partner with Homeland Security to help provide services to secure the border along the northern side of Irondequoit along Lake Ontario and Irondequoit Bay. The grant funds are given to the Monroe County Sheriff’s Department and then reimbursed to the Irondequoit Police Department after the work has been completed. Chief Laird stated that this is the fourth year of partnering with the Sheriff’s Department and it has been a great success. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-089 4A2021-21 RESOLUTION AUTHORIZING EDUCATIONAL EXPENSES On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving Sgt. Murphy to register for classes at Utica College in Cybersecurity and, upon successful completion of those classes, Sgt. Murphy will be reimbursed up to 80% of the cost. Chief of Police Alan Laird explained that Sgt. Murphy has requested to register for two graduate- level courses in cybersecurity at Utica College. This is allowed in the current contract between the Town and the Nightstick Club PBA. Sgt. Murphy is entitled to 80% of the cost of tuition, technology fee and textbooks, upon successful completion of the courses. The reimbursement would be approximately $5,000. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-090 4A2021-22 RESOLUTION AMENDING THE 2021 BUDGET AND PURCHASE OF THREE (3) VEHICLES TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the appropriation of fund balance in the amount of $35,879.80 and approving a purchase order in the amount of $107,639.40 with Hoselton Chevrolet, Inc. for the purchase of three new 2022 Chevy Silverado pickup trucks. Commissioner of Public Works Robert Kiley explained that there is a need to purchase three new 2022 Chevy Silverado pickup trucks. The Town is authorized to purchase these vehicles through a state contract and Hoselton Chevrolet, Inc. has been awarded the state contract. Hoselton submitted the lowest responsible bid of $35,879.80 per vehicle, totaling $107,639.40. These vehicles will not be delivered until the end of the year. They will be purchased out of Public Works Administration, Sanitation and Storm Drainage funds. Commissioner Kiley stated that the acquisition of vehicles with cash will be sold in several years, close to the same price that they were bought. This is a sound, financial method for reinvesting money into the Town. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-091 4A2021-23 RESOLUTION APPROVING THE REVISED FEE SCHEDULE FOR THE IRONDEQUOIT CEMETERY REGULAR TOWN BOARD MEETING APRIL 20, 2021 65 On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the revised fee schedule for the Irondequoit Cemetery. Deputy Commissioner of Public Works Erin Magee explained that all the double slots in the most recent columbarium have been sold and the Department would like to propose a new fee schedule to change the doubles to a side by side and continue to sell that structure. The revised fee schedule would also clarify holiday and overtime fees that are incurred. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-092 4A2021-24 RESOLUTION AUTHORIZING THE FEE STRUCTURE FOR FISHING TOURNAMENTS HELD IN IRONDEQUOIT BAY WHILE USING IRONDEQUOIT BAY STATE MARINE PARK BOAT LAUNCH On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the fee structure for fishing tournaments held in Irondequoit Bay while using the Irondequoit Bay State Marine Park Boat Launch. Deputy Commissioner of Public Works Erin Magee explained that this resolution would set forth the rules and fees for fishing tournaments going forward with the new Irondequoit Bay State Marine Park Boat Launch. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-093 4A2021-25 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT FOR HVAC SERVICES AND PREVENTATIVE MAINTENANCE AT VARIOUS TOWN OF IRONDEQUOIT FACILITIES On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, a resolution was adopted awarding the heating, ventilation, air conditioning (HVAC) services for all HVAC equipment in various Town facilities, including preventative maintenance to Monroe Piping & Sheet Metal in the amount of $9,983 for 2021, divided into quarters with the same fee for 2022; an optional extension for up to two additional one-year periods is authorized and the annual fees for 2023 and 2024 will be increased by 3%. Commissioner of Public Works Robert Kiley explained that Requests for Proposal was sent out and 2 bids were received. Monroe Piping & Sheet Metal was the lowest bid and was recommended by the RFP Selection Committee. The annual fee for 2021 is $9,983, divided into quarters. The annual fee will remain the same in 2022 and there is an optional extension for two more years. The annual fees for 2023 and 2024 will have a 3% increase. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-094 4A2021-26 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AGREEMENTS WITH SPECTRUM ENTERPRISE On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter into the Spectrum Contracts at the same prices and under the same terms and conditions as the State Contract. Commissioner of Public Works Robert Kiley explained that these internet services are for the new Irondequoit Community Center. This internet provider would also allow the Town to tie into service currently provided to the Town Hall, Public Safety Building and Department of Public Works and may require extensions of the terms of service at those locations. The term of the Spectrum Contracts is thirty-six months; the total cost per month is $750 for the Community Center, which will be in addition to the monthly amounts for the current service locations at 1615 N. Winton Road, 1301 Lake Shore Boulevard, 1280 Titus Avenue and 2629 E. Ridge Road. REGULAR TOWN BOARD MEETING APRIL 20, 2021 66 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-095 4A2021-27 RESOLUTION AUTHORIZING THE SUPERVISOR TO AMEND VARIOUS CONTRACTS WITH VENDORS FOR YOUTH, FAMILY AND SENIOR RECREATIONAL PROGRAMMING FOR WINTER/SPRING 2021 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted replacing and superseding Addendum “A” of Resolution 2020-348 with Addendum “B”. Director of Recreation Katrina Hall explained that there is a contract to be added to Resolution 2020-348, specifically Strike Back Martial Arts, to be added to the Winter/Spring 2021 programming. This program will begin in May and it will be paid for out of the participations’ fees to take the class. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-096 4A2021-28 RESOLUTION AUTHORIZING THE MEMBERSHIP RATES FOR THE NEW IRONDEQUOIT COMMUNITY CENTER On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted adopting the proposed membership fee schedule for the Irondequoit Community Center. Director of Recreation Katrina Hall explained that the membership rates were determined through research from other fitness facilities, and through the work done with Ballard King when a feasibility study was prepared. Director Hall noted that the rates are in line with other area fitness centers in the Monroe County area. Director Hall noted that there will be a Resident Access Pass available where residents will not have to pay to use certain areas of the building, such as the walking path, the lounges and the resident only open gym. A resident could add an element to the Pass to use other areas of the building. Director Hall added that if a senior wanted to use other areas of the building, the Town would accept most major credit cards that will cover the membership fee 100%. Supervisor Seeley commented that one of the areas targeted by the Town is the teen population. The no-fee component of the Center will help this population with teen activities. The Town’s goal was to make the new Community Center affordable for all people. Irondequoit’s fee structure is the lowest among Monroe County Town- run fitness facilities. The Town’s new facility is not competing with other fitness centers; it is to offer programs and activities that are affordable. Publicity on the new Community Center will begin in the spring. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-097 4A2021-29 RESOLUTION AUTHORIZING A COMMUNITY CENTER ROOM RENTAL FEE SCHEDULE FOR THE DEPARTMENT OF RECREATION On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted adopting the proposed room rental fee schedule for the Irondequoit Community Center. Director of Recreation Katrina Hall explained that this resolution brings forward recommended rates for the rentable rooms at the Center for residents and non-residents. Research was done at other local Towns and through advice from Ballard King to bring forward reasonable rates for the rentable rooms. Down the road, the Town Board will discuss changing the names of the rooms. Director Hall commented that the rental rates for non-residents will be slightly higher than those rates for residents. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-098 REGULAR TOWN BOARD MEETING APRIL 20, 2021 67 4A2021-30 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH VENDORS FOR THE TOWN’S 2021 FARMERS’ MARKET AND GAZEBO CONCERT SERIES On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the agreements for vendors at the Town of Irondequoit’s 2021 Farmers’ Market and Gazebo Concert Series. Director of Recreation Katrina Hall explained that this resolution brings forth contracts for vendors to perform at the Farmers’ Market, as well as the Sunday Concert Series, from May 27 through September 16. At the end of the Farmers’ Market season last year, the Town was given the go ahead to operate the Series. All the fees required to be a vendor at the Farmers’ Market will be used to pay for the performances. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-099 4A2021-31 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT WITH ROCSPORTS FOR UMPIRE SERVICES FOR TOWN- SPONSORED RECREATION LEAGUES AT MCAVOY PARK On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter into a contract with RocSports for umpire services from May 2021 through December 2021. Director of Recreation Katrina Hall explained that this is a yearly, budgeted expense for the Town’s softball program at McAvoy Park. Three quotes were received and RocSports was the lowest most responsible quote. All the fees paid by the participants help offset the expenses. There is an estimated maximum number of 200 games in the season. The total cost for umpiring services for the season is not expected to exceed $12,600. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-100 4A2021-32 RESOLUTION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT WITH RESPECT TO THE AUCTION OF 2180 EAST RIDGE ROAD On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the adoption of a Negative Declaration for the auction of the former Library property. Supervisor Seeley stated that 2180 East Ridge Road is the address of the former east branch library. When the new Consolidated Library was opened in 2015, the closed library was on the market for several years. It was taken off the market for a time when the Department of Public Works used that building while the new Public Works building was being completed. The property has now been on the market for several years. There have been several Purchase and Sale agreements submitted but they didn’t materialize. It has been recommended to the Board that the property go to auction. State Environmental Quality Review is required on this matter. Director of Community Development Kerry Ivers stated that this is an Unlisted action pursuant to SEQR. Looking at the potential impacts, it is important to look at community character as the property is located in a C-Business District. Any future use by a buyer is likely to be consistent with the District and the surrounding area. SEQR will also look at traffic impacts, recognizing that most of the retail uses will be accommodated on the site. Future Site Plan review will be required and subsequent SEQR analysis of any site plan review would be separate and specific to the intended use. There are no large or moderate environmental impacts associated with auctioning the property. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-101 4A2021-33 RESOLUTION AUTHORIZING THE SALE AT AUCTION OF 2180 EAST RIDGE ROAD REGULAR TOWN BOARD MEETING APRIL 20, 2021 68 On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the sale of the property located at 2180 East Ridge Road at public auction to the lowest bidder and authorizing the Broker and auctioneer to sell the property pursuant to a Purchase and Sale Agreement. Supervisor Seeley stated that this resolution would authorize the auction of the Town-owned property located at 2180 E. Ridge Road. Supervisor then announced an amendment to the resolution, striking the eighth “WHEREAS” clause and end the first “NOW, THEREFORE, BE IT RESOLVED” clause after “lowest bidder.” Supervisor Seeley noted that he was striking the minimum auction price from the original resolution. On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, an amendment to the original resolution was adopted, striking the minimum auction price language from the resolution and authorizing the sale of the Town-owned property located at 2180 East Ridge Road at public auction to the lowest bidder. Supervisor Seeley explained that this amended resolution would authorize the sale of the property at 2180 E. Ridge Road at auction held in early June and subject to a 30-day Permissive Referendum. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-102 On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, pursuant to Public Officers Law § 105, an Executive Session was called at 8:26 PM to discuss the sale of real property when publicity would substantially affect the value thereof. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Abstain Town Board Member Romeo Aye Town Board Member Freeman Aye Supervisor Seeley Aye EXECUTIVE SESSION On a motion made by Councilmember Wehner, seconded by Councilmember Romeo, the Executive Session was adjourned at 8:30 PM and the Regular Town Board Meeting was reconvened. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Abstain Town Board Member Romeo Aye Town Board Member Freeman Aye Supervisor Seeley Aye On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the Regular Town Board Meeting was adjourned at 8:31 PM. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Abstain Town Board Member Romeo Aye Town Board Member Freeman Aye Supervisor Seeley Aye REGULAR TOWN BOARD MEETING APRIL 20, 2021 69 Next Board meetings are: Tuesday, May 11, 2021 Workshop Meeting @ 4 PM in the Broderick Room Tuesday, May 18, 2021 Regular Town Board Meeting @ 7 PM in Broderick Room Respectfully submitted, Barbara Genier, Town Clerk SPECIAL TOWN BOARD MEETING APRIL 29, 2021 70 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 Town Attorney Others in attendance included Commissioner of Public Works Robert Kiley and Communications Aide Mike Moss. Supervisor Seeley called the meeting to order, Pledge was said, and Roll Call was taken by Town Clerk Genier at 4:00 p.m. This meeting was held virtually via Zoom pursuant to Executive Order 202 of 2020 regarding the conduct of public meetings during a health crisis. ITEM(S) FOR BOARD ACTION 4STB2021-1 RESOLUTION Authorizing the Appointment of a Full-Time Light Laborer in the Building Maintenance Department On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Mike Mitchell as a Full- Time Light Laborer in the Building Maintenance Department. Commissioner of Public Works Robert Kiley explained that due to a vacancy, there is a need to hire a full-time Light Laborer in the Building Maintenance Department. Interviews were held with many qualified applicants and Mike Mitchell was recommended. Mr. Mitchell is a Town resident, currently working at Wegmans. He will be working at the Library, replacing Luke Teravainen. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-103 4STB2021-2 RESOLUTION Authorizing the Appointment of a Full-Time Laborer in the Building Maintenance Department On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Todd Brozic as a Full- Time Laborer in the Irondequoit Public Works Department. Commissioner of Public Works Robert Kiley explained that there was a need to hire a full-time Laborer in the Department of Public Works. Several interviews were held, and the Selection Committee recommended Todd Brozic as a full-time Laborer in the Public Works Department. Mr. Brozic is a Town resident, currently working for Monroe County. He has experience in pump station rebuilds, plumbing, valve installations, welding and metal fab. He will be a true asset to the Department. SPECIAL TOWN BOARD MEETING APRIL 29, 2021 71 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-104 Next Town Board Meetings: Workshop Meeting: May 11, 2021 @ 4 PM Regular Town Board Meeting: May 18, 2021 @ 7 PM (to be held in Broderick Room of Town Hall) On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the Special Town Board Meeting was adjourned at 5:10 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk Resolution No. 2021 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING THE IRONDEQUOIT 2021 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 18th day of May, 2021 at 7:00 P.M. local time there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney to the Town Town Board Member ___________________ offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit is a Community Development entitlement community and, as such, receives an annual block grant from the U.S. Department of Housing a nd Urban Development (HUD); and WHEREAS, the Town has received a block grant award from HUD for the 2021 Community Development Block Grant Program, which will begin August 1, 2021 and end on July 31, 2022, in the amount of $906,128; and WHEREAS, the Town has prepared a proposed Community Development Block Grant Program in anticipation of receiving HUD funding for its 2021 program year; and WHEREAS, the proposed Community Development Block Grant Program prepared by the Town reflects the needs and priorities contained in the Irondequoit Consolidated Plan, and also complies with all program rules and regulations promulgated by HUD; and WHEREAS, the Town Board determines that all proposed Community Development Block Grant Program is a Type II action pursuant to 6 NYCRR § 617.5(c)(1), (2), (5), (18), (25), (26), and (27), and therefore no further review pursuant to the New York State Environmental Quality Review Act (“SEQRA”) is required (6 NYCRR § 617.5(a)); and WHEREAS, the Town will comply with the National Environment Protection Act as required by HUD; and WHEREAS, the Town, in accordance with program regulations and its Citizen Participation Plan, has provided its residents with the opportunity to review and comment upon the Irondequoit Proposed Community Development Block Grant Program at a public hearing held at the regular meeting of the Town Board on May 18, 2021. NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the adoption of the Irondequoit 2021 Community Development Block Grant Program and authorizes the Supervisor to execute and deliver such documentation as necessary to submit the Irondequoit 2021 Community Development Block Grant Program to HUD for that agency’s review, and to submit such additional information as may be required by HUD. AND, BE IT FURTHER RESOLVED, that the Town Supervisor, or his designee, is authorized to accept Community Development Block Grant Program funds totaling $906,128, and to execute contracts and any amendments with HUD for the period of August 1, 2021 through July 31, 2022, subject to HUD approval of the submission. 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_________________ Project / Program Sponsor Agency 2020-2021 Budget Allocation 2021-2022 2021-2022 Amount Management Requested Recommendation Allocation of 2021-2022 HUD Grant Award Committee Review Home Improvement Program Comprehensive Housing Counselling Life in Irondequoit, Elder Care Program Co-ordination of Senior Programs Home Safe Home for Seniors Street Resurfacing Senior Services Mailing Program Sidewalk Repairs/Replacement Street Tree Planting Senior Transportation Program Irond.Community Cupboard Healthy Eating Prog. Bateau Park Playground Sidewalk Replace -563 Titus Ave Administration / Contingency NOTE: Total Services Programs $ 122,793 Admin / Plnq / Contingency $ 87,508 $906.128 Allocation 2020-2021 less: Admin 818,620 15.00% Total Town Housing Council Cath Fam. Ctr. Town Lifespan Town DPW Town Town DPW Town DPW Lifespan Irond.Comm. Cupboard Town HIPP Town 145,000 26,000 26,100 9,000 15,000 534,800 12,000 0 0 12,500 22,000 0 20,000 94,192 150,000 135,827 135,827 019-8668 36,000 24,000 24,000 " 019-8676-4809 26,100 26,100 26,100 019-8676-4810 10,000 0 0 019-8676-4807 15,000 15,000 15,000 019-8676-4816 300,000 300,000 300,000 019-8662-2319 18,000 18,000 18,000 019-8676-4808 100,000 85,000 85,000 019-8669-2012 50,000 50,000 50,000 019-8669-2012 32,900 17,693 17,693 019-8676-4823 22,000 22,000 22,000 019-8676-4828 150,000 125,000 125,000 019-8666-2019 0 87,508 0 87,508 0 87,508 916,592 997,508 906,128 906,128 Total Grant Allowance 2020-21 916,592 Total Budget Target 2021-22 Decr / incr (-) from 2021-22 Bgt Tar Deer / incr (-) from 2020-21 Budget 906,128 0 -91,380 -80,916 906,128 906,128 0 0 10,464 10,464 019-8686 Allocation based on Amount Awarded for 2021-22 2019 -20 code percentage, percentage, each project by category 15.0% 15.0% Housing Improvements 150% 13.6% Community Service programs 2.6% 61.8% Public Infrastructure 20 0% 9.7% Administration (incl Planning) 2.9% 100.0% TOTAL 0.0% 1.7% 33.1 % 2.0% 9-4% 5.5% 2.0% 2.4% 13.8% 0.0% 9.7% 100.0% COSTICH ENGINEERING Project No. 3714 January 15, 2020 David Seeley, Town Supervisor Town of Irondequoit 1280 Titus Avenue Rochester, New York 14617 Re: Summer Villas on 3rd - 91 Lake Front (Tax Acct. No. 047.56-01-95, 047.560-01-056.10 and 047.560-01-04) Letter of Intent for Zoning Amendment Dear Supervisor Seeley: On behalf of our client, Mr. Steve Labuzetta, we are requesting the above referenced property be considered for a zoning amendment from Residential (R-1) and C Business (C) to Waterfront Development District (WD). The vacant property totals 1.2 acres and is bounded to the north by Lake Ontario, to the west by Westage at the Harbor Condominiums (R-5), Somerville Grill to the south (C) and vacant and single-family residential to the southeast and east (R-1). Development of the project as a medium density multi -family project will provide a suitable transition from the R-5 density to the east and commercial zoning on this site and south of the site. Development of only residential use is anticipated. As outlined in the Waterfront Development District (WD) purpose; goals, this site would: B-(1) - The project is consistent with the Town LWRP. The document specifically calls this site and surrounding area out for development of multi -family housing: "Site 3: Lakeshore Development. ... for waterfront, multi -family development." (IV -9) B-(2) - The proposal meets the Town's housing and recreational needs by providing housing and public access to Lake Ontario. B-(3) - The environmental sensitivity of the waterfront is preserved by keeping development away from the waters edge and costal hazard area. B-(4) - The medium density residential use will complement the commercial establishments in the area providing a mixed use. B-(5) - The medium density residential use, 6.6 units/acre, will be in harmony with the environment. B-(6) - The multi -family medium density project will be a transition from the heavier density residential use to the west, commercial use to the south to the R-1 single-family use to the east. CIVIL ENGINEERING • LAND SURVEYING • LANDSCAPE ARCHITECTURE Costich Engineering, DPC • 217 Lake Avenue • Rochester, New York 14608 Office (585) 458-3020 • Fax (585) 458-2731 • www.costich.com I E. COSTICH ENGINEERING B-(7) - The development will occupy land away from the shoreline. Project No. 3714 B-(8) - The design will incorporate 2 unit buildings designed specifically for the site and existing view sheds. B-(9) - Development will occur away from the shoreline. B-(10) - Development will allow residents and the public access to the waterfront. B-(11) - The proposed development will limit vehicular traffic to the small number of residents. B-(12) - Public access will be allowed for pedestrians. B-(13) - Public access will be maintained and monitored by the project sponsors. The Town Master Comprehensive Plan also calls out the future land use as residential and calls the site out as part of the "Lakeshore Development Site" targeted for re -development. The proposed architecture of the 2 unit buildings will be contemporary using environmentally sustainable materials, large windows and building geometry maximizing view sheds. We have included a Site Plan and a site photo simulation for review. We look forward to discussing the project with you at your earliest convenience. Very truly yours, COSTICH ENGINEERING, D.P.C. R Mark R. Costich, P.E. MRC/erw xc: Steve Labuzetta h:\job\3714\documents\2021-01-15 letter of intent for zoning amendment.docx CIVIL ENGINEERING • LAND SURVEYING • LANDSCAPE ARCHITECTURE Costich Engineering, DPC • 217 Lake Avenue • Rochester, New York 14608 Office (585) 458-3020 • Fax (585) 458-2731 • www.costich.com February 9, 2021 Mr. David Seeley, Town Supervisor Town of Irondequoit 1280 Titus Avenue Rochester, New York 14617 Re: SummerVillas on Third - Additional support to Letter of Intent 91 Lakefront (Tax Acct. No. 047.560-01-056.100 and 047.560-01-004) Dear Supervisor Seeley: Regarding the proposed SummerVillas on Third project outlined in the Letter of Intent, I would like to add a brief description supported with a few visuals: Having been a very active member of Rochester Yacht Club since the 1980s, I am keenly aware of the unique position I am in when I say that it is "that club member in mind as the target demographic. Someone who I see appreciating the location, high quality and lifestyle offered with our proposed project. That "someone" who is probably at a point in life where downsizing, and keeping a high -quality life style, would be further enhanced by the walkable proximity to their vessel they are now able to finally have time to enjoy more. We see the structures to be contemporary in nature with flat roofs, parking underneath, perhaps with personal elevators from the enclosed garage that would comfortably service a "vertical" lifestyle at this point in one's life. The flat roof would also serve to take advantage of views and outdoor relaxation without the need of a yard. The structures would generally be constructed with minimal maintenance in mind. E.g.: glass, stone, metal, synthetic panels, etc. Please find attached some visual examples to help convey these thoughts further: In closing, I look forward to collaborating and working with the town for a successful, exciting development in harmony with its unique neighborhood. Thank you in advance for your consideration Respectfully submitted, Steve LaBuzetta Steve.LaBuzetta@Gmail.com 585-734-5556 Cell 96 Reservoir Ave Rochester NY 14620 Project No. 3417 December 18, 2020 Page 1 of 2 DESCRIPTION OF LANDS TO BE RE -ZONED OWNED BY STEVEN LABUZETTA All that tract or parcel of land situate in Town of Irondequoit, County of Monroe, State of New York, as shown on a map entitled " Re -zoning Map Lands of Steven Labuzetta being T.A # 47.56-01-95, T.A # 47.56-01-56.1 and T.A # 47.56-01-04" prepared by Costich Engineering D.P.C., dated 12/18/2020, having Drawing No. 3417 -Re -zone, and being more particularly bounded and described as follows: Beginning at a point being the southwest corner of lands now or formerly owned by Steven Labuzetta, having T.A. # 47.56-01-95 and the northwest corner of lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96; thence 1. Northerly and along said west property line of lands now or formerly owned by Steven Labuzetta, having T.A. # 47.56-01-95 an approximate distance of 23 feet to the northwest corner of lands now or formerly owned by Steven Labuzetta, having T.A. # 47.56-01-95 ; thence 2. Easterly and along said north property line of lands now or formerly owned by Steven Labuzetta, having T.A. # 47.56-01-95 an approximate distance of 20 feet to the northeast corner of lands now or formerly owned by Steven Labuzetta, having T.A. # 47.56-01-95, said point also being a point on the west line of lands now or formerly owned by Steven Labuzetta having T. A # 47.56-01-56.1; thence 3. Northerly and along said west property line of lands now or formerly owned by Steven Labuzetta, having T.A. # 47.56-01-56.1 and T.A # 47.56-01-04 an approximate distance of 552 feet to the shore of Lake Ontario ; thence 4. Easterly and along said shore of Lake Ontario an approximate distance of 100 feet to the northeast corner of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-04 and the northwest corner of lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-05; thence 5. Southerly and along said common line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-04 to the west and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-05 to the east an approximate distance of 479 feet to a point on the south line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the north and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96 to the south; thence Project No. 3417 December 18, 2020 Page 2 of 2 6. Southwesterly and along said common line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the north and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96 to the south an approximate distance of 21 feet to a an angle point on the south line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the north and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96 to the south; thence 7. Westerly and along said common line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the north and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96 to the south an approximate distance of 35 feet to a an angle point on the east line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the west and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96, to the east; thence 8. Southerly and along said common line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the west and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96 to the east an approximate distance of 50 feet to an angle point on the south line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the north and the north line of lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01- 96, to the south; thence 9. Westerly and along said common line of lands now or formerly owned by Steven Labuzetta, having T.A # 47.56-01-56.1 to the north and lands now or formerly owned by Robert S. & Linda A. Bryant, having T.A. # 47.56-01-96 to the south an approximate distance of 70 feet to the point and place of beginning. Containing approximately 1.2 acres of land, more or less. h:/job/341 7/documents/descriptions/rezone docx m0 zu Z m= z 0 .0n_ 4 cnp N2 0 0 Wi DC Ul�. m �1 C z .. Y O < 2 Z F m n D Zm C m 0 2 Z1 m A O o rT, 0 0 OZOZ `9i H39013030 0 Corn N0 O 1mZz rn VJ O rO^ r to N rnom o rn N O 2 8 J 9 m mo o�nc 0 o a`" 3 ,9 td 0 r� PO/NT OF BEGINNING 23'± (0) SS3NISI18 0 :ONINOZ N/F — STEVEN LABUZETTA TAX ACCT. NO. 47:56-01-95. ST. PAUL BLVD. 3RD STREET, 20'± REFERENCE(S) 1) LIBER 293 OF MAPS, PAGE 38. 2) THE DEEDS AS SHOWN ON FILE IN THE MONROE COUNTY CLERK'S OFFICE. NIF WESTAGE AT THE HARBOR ASSOC. R-5 f l f r] J 1Xri/r r r rr r 1/1111 r r r r///1) / BLOCK CAR PORTS ♦♦/ SHED SHED 1/ NIF 50'1 ROBERT S. & LYNDA A. BRYANT TAX ACCT. NO. 47.56-01-96 ST. PAUL BOULEVARD R-1 N/F STEVEN LABUZETTA LIBER 7222 OF DEEDS, PAGE 148 TAX ACCT. NO. 47.56-01-56.1 91 LAKE FRONT 479± 552'± N/F ROBERT S. & LYNDA A. BRYANT TAX ACCT. NO. 047.56-01-52.1 99 LAKE FRONT R-1 N/F STEVEN LABUZETTA LIBER 7246 OF DEEDS, 'PAGE 103 TAX ACCT. NO.47.66-01 -04 91 LAKE FRONT AREA = 1.2± ACRES OF LAND SECOND (40' WIDE R.O.W.) STREET NIF ROBERT S. & LYNDA A. BRYANT LIBER 7222 OF DEEDS, PAGE 156 TAX ACCT. NO. 47.56-01-05 R.1 BLOCK CAR PORTS MIMED 100'± SHED ST . P A U L B O U L E V A R D 3RD STREET CO N C . #99 SHED 4' SNOW FENCE 5/8" REBAR SHED SHED BLOCK CAR PORTS 4' CHAIN LINK FENCE AREA = 1.2± ACRES OF LAND BLOCK CAR PORTS 15 . 0 ' 20 . 0 ' 1A 1B 2A 2B 1' TO 6' IN DIA. RIPRAP N/F WESTAGE AT THE HARBOR ASSOC. R-5 N/F ROBERT S. & LYNDA A. BRYANT TAX ACCT. NO. 047.56-01-52.1 99 LAKE FRONT R-1 N/F STEVEN LABUZETTA LIBER 7246 OF DEEDS, PAGE 103 TAX ACCT. NO. 47.56-01-04 91 LAKE FRONT N/F ROBERT S. & LYNDA A. BRYANT LIBER 7222 OF DEEDS, PAGE 156 TAX ACCT. NO. 47.56-01-05 R-1 N/F ROBERT S. & LYNDA A. BRYANT TAX ACCT. NO. 47.56-01-96 ST. PAUL BOULEVARD R-1 N/F STEVEN LABUZETTA LIBER 7222 OF DEEDS, PAGE 148 TAX ACCT. NO. 47.56-01-56.1 91 LAKE FRONT N/F STEVEN LABUZETTA TAX ACCT. NO. 47.56-01-95 ST. PAUL BLVD. SECOND STREET (W I D T H V A R I E S ) (40' WIDE R.O.W.) PEDESTRIAN PUBLIC ACCESS ZO N I N G : C B U S I N E S S ( C ) 3A 3B 4A 4B 20.0' TYP. 20'± 100'± 552'± 479'± 70 ' ± 50'± 21 ' ± POINT OF BEGINNING 23'± 35 ' ± LAKE ONTARIO ZONE AE 100 YEAR FLOODPLAIN ELEV. = 250 BY CHKD.APVLS. TITLE OF DRAWING TITLE OF PROJECT CLIENT E.R.G. PROJECT MANAGER DRAWN BY E.L.O. BOUNDARY D.T.H. TOPO/BASE D.T.H. DATE 01/15/2021 SCALE 1"=30'REVISIONNO.DATE TAX PARCEL NO. 47.56-01-04, 47.56-01-95 & 47.56-01-56.1 TOWN OF IRONDEQUOIT COUNTY OF MONROE, STATE OF NEW YORK SUMMER VILLAS ON 3RD CONCEPTUAL SITE PLAN CN100 SHEET 1 OF 1 ST. PAUL STREET & 3rd STREET 3714DWG. #217 Lake Avenue Rochester, NY 14608 (585) 458-3020 Costich Engineering Civil Engineering Land Surveying Landscape Architecture CCOPYRIGHT 2021 COSTICH ENGINEERING, D.P.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, LAND SURVEYOR, ARCHITECT OR LANDSCAPE ARCHITECT, TO ALTER ANY ITEM ON THIS DOCUMENT IN ANY WAY . ANY LICENSEE WHO ALTERS THIS DOCUMENT IS REQUIRED BY LAW TO AFFIX HIS/HER SEAL AND THE NOTATION "ALTERED BY", FOLLOWED BY HIS/HER SIGNATURE AND SPECIFIC DESCRIPTION OF THE ALTERATION, TO THE DOCUMENT. ( IN FEET ) GRAPHIC SCALE 030 15 30 60 120 1 inch = 30 ft. N NO R T H LINE LEGEND PROJECT BOUNDARY EXISTING RIGHT-OF-WAY LINE EXISTING EDGE OF PAVEMENT EXISTING CONCRETE PAD/ CONCRETE SIDEWALK EXISTING CONCRETE CURB EXISTING BUILDING EXISTING ADJACENT PROPERTY LINE PROPOSED BUILDING PROPOSED EDGE OF PAVEMENT STEVEN LABUZETTA 1241 UNIVERSITY AVENUE ROCHESTER, NEW YORK 14607 NO.0 6 5 9 71 STATE OF NEW YORK Lic nsed P r o f e s s i o n l Engineer M ARK R.COSTICH e a PROPOSED LOT LINE LOCATION OF PROJECT GENERAL NOTES 1. TOTAL AREA OF PROPERTY = 1.2 ± ACRES 2. CURRENT ZONING: -RESIDENTIAL DISTRICT (R-1) & C BUSINESS (C) 3. ZONING/BULK DATA DESCRIPTION EXISTING (R-1)EXISTING C BUSINESS (C)PROPOSED WATERFRONT DEVELOPMENT (WD) LOT WIDTH 80'100' - LOT DEPTH 120'200'573'± LOT AREA 9,600 SF MIN.20,000SF MIN. - FRONT SETBACK 30'80'15' SIDE SETBACK 10'5', 25' FROM RESIDENTIAL 15' REAR SETBACK 30'60'25' MHW DENSITY - LAKE ONTARIO LOCATION SKETCH NOT TO SCALE GENERAL NOTES 1 TOTAL AREA OF PROPERTY= 1.2±ACRES 2. CURRENT ZONING: - RESIDENT/AL DISTRICT (R-115 C BUSINESS (C) 3. ZONING/BULK DATA DESCRIPTION EXISTING (R -l) EXISTING C BUSINESS (C! PROPOSSO WA TERFRONTOEVELQPMENT f0i4 LOT WIDTH 80' 100' LOT DEPTH 120' 200' LOT AREA 9,600 SF MIN. 20,000SF MIN. FRONT SETBACK 30' 80' SIDE SETBACK 10' 5: 25' FROM RESIDENTIAL REAR SETBACK 30' 60' DENSITY r y a r siia.. wi 4qn©8 POINT OF — BEGINNING 231 KF R-TAX TERAC6 7.56116 i ST MIAT.1,0611S60a� W ST MIA BdMfFN10 e4 SECOND (40' WIDE R.O.W.) STREET 5731 15' 15' 25' MHW WF STEVEN LABUZETTA eeSfA6EAT 11FK1IeW1 A%a TAX ACCT NO VD 3RD STREET u 47.5&01-95 ST. PAUL BLVD J R7 ST EVEN EN BE16 TM OF A DEEDSTAAPt IA%CC WI,.70 U 100-1-56 wT LADS ffdFRONT '&l lc ALMA 000-Sfa6A4i lun 000040 '0001 y 61 Oil `4'Olf •117116/661116 1Ai11617r x6/67161, SHED A rrrf rrarrI/r�761rrf1FTri/o'- MOO NOM, T 7,� r/ _ � A � aOC.r.f,R,l, _ - f�r— r +►�CLLL!r:!.�^. r:r��_Ir[rriLurn1 r/rr.rrrr1f. _ JerrrJItr 1rrr rrJ.I [1![rrI�.L� GRAPHIC SCALE M (INFEET) l inch = 30 R. PEOCS FROAN PUB1. rL- A r: CF55 - Y e010ne itoonw1Arp 'A '4001 dhu oca -016 1 COSTJCHEX40ET 7 0 rr le A mA rXr1 lr ur raa.rr olosJOA BS J. JCIMED A er+TOFri ".V 1 TolTv00006666,1000616616 601,6612616{C s02610..I IVTDRMIr 1111410611,15 010160201 NOY%VW MY +CE:Yi.e NMALII]p M1d C n/6.c'ABVD 6YLpr5QNrs FmJt /1,14 mu Da TaltAnso W,111.1161- rG144We'+l1WOA ` i rilINO/N /a n.° T°r NO 0610 I✓EVISION 1ID Y.NS Nf 6T -f BY MEW PA TJA LEER 7N6'ft MEW x+060 101 VOL ACCI e10 4Tp00601 Vl LAK4 JEW ARE. L2* ACRES OF LANA PROJECT BOUNDARY EXISTING RIGHT-OF-WAY LINE EXISTING A l IA0FNT PROPERTY LINE EXISTING CONCRETE CURB EXISTING EDGE OF PAVEMENT EXISTING BUILDING EXISTING CONCRETE PADI CONCRETE SIDEWALK PROPOSED LOT LINE PROPOSED BUILDING PROPOSED EDGE OF PAVEMENT LOCATION SKETCH NOT TO SCALE LINE LEGEND ar. • CIVIL ENGINEERING •LAND SURVEYING • LANDSCAPE ARCHITECTURE COST-ICH 217 LAKE AVEi+uE ENGINEERING 0 lie�rase`aabr 4UMMER VILLAS ON 3RD ST. PAUL STREET & 3rd STREET tiro, CONCEPTUAL SITE PLAN 100.6 PA*Ci7, \1047.!661-04.1T"6^9MA1 & 47.56-01-56.1 TOWN OF THE SSDEQ6017 M NIV OF MONIM STATE OF :JEW YORK God SIEVENLABUZETTA 1241 UNIVERSITY AVENUE ROCHESTER NEW YORK 16607 I 3711 CNI00 S61EEY1E Short Environmental Assessment Form Part 1- Project Information Instructions for Completing Part 1— Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information Name of Action or Project: Summer Villas on 3rd Project Location (describe, and attach a location map): 91 Lake Front, Irondequoit, NY 14617 Brief Description of Proposed Action: Zoning amendment from (R-1) to Waterfront Development District (WD). Develop existing 1.2 +/- acre lot as a multi -family project consisting of 4 buildings with a total of 8 units. The project will also include associated site improvements — Name of Applicant or Sponsor: Steve LaBuzetta Telephone: P (585)734-5556 E -Mail: Steve.LaBuzetta@gmail.com Address: 96 Reservoir Ave. City/PO: Rochester State: NY Zip Code: 14620 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES ❑ 2. Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval: - Town Board Approval - Planning Board Approval NO YES ❑ ✓ 3. a. Total acreage of the site of the proposed action? 1.2 +/- acres b. Total acreage to be physically disturbed? c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? .9 +1- acres 1.2 +/- acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. • Urban ■ Rural (non -agriculture) ■ Industrial ❑ Commercial FA Residential (suburban) Shoreline ■ Forest ■ Agriculture ❑ Aquatic FA Other(Specify): ■ Parkland Page 1 of 3 5. Is the proposed action, Needs to be rezoned to Waterfront Development a. A permitted use under the zoning regulations? District b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ✓ ❑ rj �� II 1 ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ ✓ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ❑ 0 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑ ❑ ✓ ❑ n El 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES Eil 1 I. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES p 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 1151 ❑Commissioner ❑ ✓ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ❑ ✓ ❑ {� 1 1 Page 2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: rrA Shoreline ■ Forest ■ Agricultural/grasslands lJ Early mid -successional ■ Wetland ■ Urban • Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? Lake Sturgeon NO YES ❑ 16. Is the project site located in the 100 -year flood plan? NO YES ❑ ✓ 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES ❑ ✓ ❑ ✓ ❑ ✓ V"" -'.1,e ` .s: : ' Possible storm connection to the west 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? Yes, the and size of the impoundment: NO YES ❑ If explain purpose 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES ❑ 2O.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? describe: NO YES If Yes, Rochester Yacht Club -Site Number 8-601541 -Petroleum Bulk Storage Facility MI MI I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Steven LaBuzetta Date: 12/11/2020 Title:Owner Signature: PRINT FORM Page 3 of 3 EAF Mapper Summary Report Friday, December 11, 2020 2:24 PM l 311!'sL[ ?ildrX (iTh) I/V/i71411€4 Al To 1, rlel�,rt r� I irfi4{j j C ,EX 11i'EKEEIY.101MaT 1.1,3 C1i5�r%,_[i} 1 1 r (i i r 11 nL Sig4, t-1 i. �?(l i1�IrUy�_ �y,r l,Y!V!, F I. tll y 11 VE�}'lI- uJAJ'•71JfA:AXTRACt'l4v4 Jll1Jh: rtirn fy 4siiird ^ ! C;(2W�s - •_3' "./`..i�lli4�yh: :l'l1 . ,k7il'�.EWI {! ) 1,�}e I ! ! a t ! I. ! ! 1 ! I y,xi''d',4yni"thJ �"✓+� CJirr, ow -4)4..6 43,1 fk, 'fii* V�`PNRi � �I• .1 =,:11417;W la ,,c, Iosimett6f .. ilk Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF) Not all questions asked in the EAF are answered by the EAF Mapper Additional information on any EAF question can be obtained by consulting the EAF Workbooks Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper Digital data is not a substitute for agency determinations 4111 ki any, TOront% - 1,�u f Illlil.l•. r., Flotf roI1 _ �Cievd'aI1 0 • m Vfl e1� f�` J„ryj- M ellYil. „1 •1 arry Boston Providenca S riPittehtegh I. ttv1Ehn11 0011 Esri.Japan, METf, Est4 Canna (Hong kondi Esti c(Ip0Pel)Sttedl4lap co itribAs% !jr� tie G15 User Comet unity -li'i'..: If�tyT0 Part 1 / Question 7 [Critical Environmental No Area] Part 1 / Question 12a [National or State Register of Historic Places or State Eligible Sites] Part 1 / Question 12b [Archeological Sites] Part 1 / Question 13a [Wetlands or Other Regulated Waterbodies] Part 1 / Question 15 [Threatened or Endangered Animal] Part 1 / Question 15 [Threatened or Endangered Animal - Name] Part 1 / Question 16 [100 Year Flood Plain] No Yes Refer to EAF Mapper Yes - Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete. Refer to EAF Workbook. Yes Lake Sturgeon Yes Part 1 / Question 20 [Remediation Site] Yes Short Environmental Assessment Form - EAF Mapper Summary Report Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE RE-APPOINTMENT OF AN ETHICS COMMITTEE MEMBER 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 18th day of May 2021, 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, Maria Vecchio has served on the Ethics Committee for one term and has agreed to continue her service; and WHEREAS, this is an unpaid position; and WHEREAS, the Town Supervisor has chosen to recommend Maria Vecchio to serve another term as an Ethics Committee member. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the re - appointment of Maria Vecchio as a member of the Town of Irondequoit Ethics Committee with a term expiring December 31, 2025. This resolution shall take effect immediately. 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. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF AN ETHICS COMMITTEE MEMBER 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 18th day of May 2021, 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 resignation there is a need to appoint a new member to the Town of Irondequoit’s Ethics Committee; and WHEREAS, this is an unpaid position; and WHEREAS, Jennifer DeVoe has expressed an interest in serving her community and the Town Supervisor has chosen to recommend Jennifer Devoe for this position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Jennifer DeVoe as a member of the Town of Irondequoit Ethics Committee, to complete the term of the departing member, ending on December 31 2024. This resolution shall take effect immediately. 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. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A PART TIME NUTRITION AIDE 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 18th day of May 2021, 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 part time Nutrition Aide in the Town’s Department of Recreation; and WHEREAS, this position is budgeted for in the 2021 Town Budget; and WHEREAS, the Director of Recreation has interviewed all applicants and has chosen to recommend Gail Tucker for this position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Gail Tucker as a part time Nutrition Aide at a rate of $14.50 per hour, which shall be paid from budget code 001.6773.0102.1100.6773. This resolution shall take effect upon 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. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A SEASONAL LABORER 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 18th day of May 2021, 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 seasonal employees in the Town’s Department of Public Works; and WHEREAS, these positions were budgeted for in the 2021 Town Budget; and WHEREAS, the Commissioner of Public Works has interviewed many qualified applicants and has chosen to recommend Frank Polito for appointment to the summer program, NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Frank Polito as seasonal Laborer in the Irondequoit Public Works Department at a rate of $13.00 per hour which will be paid equally from accounts 021.5110.0110.1100, 021.5110.110.1100, 031.8120.110.1100 and 001.8810.110.1100 . This resolution shall take effect upon 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. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A RECREATION LEADER 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 18th day of May 2021, 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 for a Recreation Leader in the Department of Recreation; and WHEREAS, per Civil Service guidelines this competitive position was canvassed and all the candidates on the certified list were notified of this job opportunity; and WHEREAS, the Recreation Director has interviewed the candidates on the Certified list and recommends appointing Joseph Battaglia to the position of Recreation Leader; and WHEREAS, Joseph Battaglia has worked in the Irondequoit Recreation Department since December 2017 and is currently reachable on the certified list of eligibles. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Joseph Battaglia as a Recreation Leader to be paid at an annual rate of $38,000. which will be charged to Budget Code 001.7140.100.1100.7146. This resolution shall take effect immediately. 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. 2021- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD CALLING FOR A PUBLIC HEARING ON THE MATTER OF GRANTING A SPECIAL USE PERMIT FOR 1969 E RIDGE ROAD IN A 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 18th day of May, 2021, 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, upon the matter of request by Angel Anderson, for a Special Use Permit for the property located at 1969 E. Ridge Road, to operate a place of public assemblage (the “Project”); and WHEREAS, the property is zoned C-Business, and the applicant intends to use space for special occasions; and WHEREAS, under Town Code § 235-28(A) (4) the use of a property for bowling alleys, theaters and places of public assemblage in the C- Business District requires a special use permit; and WHEREAS, such Special Use Permit may be approved by the Irondequoit Town Board pursuant to Town Law § 274-b; and WHEREAS, pursuant to Town Law § 271(14)(a), the Town Board may by resolution provide for the reference of any matter or class of matters to the Planning Board before final action is taken thereon. NOW, THEREFORE, BE IT RESOLVED, the Town Board shall hold a public hearing on this Special Use Permit application on June 15, 2021 at 7:3X p.m. at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board refers the application for a Special Use Permit for 1969 E. Ridge Road to the Planning Board for its reference and report thereon, which report the Town Board requests to be so provided at or after the public hearing scheduled for June 15, 2021. 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 _______ IRONDEQUOITa& iji4 PROJECT ADDRESS TOTAL AREA OF PROJECT SITE TAX ID NO. L1-7- 1, Let DISTRICT PROPERTY OWNER (Print) Let L ADDRESS E-MAIL ADDRESS APPLICANT (Print) ADDRESS E-MAIL ADDRESS AGENT 196 7 E R;L!cjie CLi PHONE ,E(71j 2--L161Iy ZIP CODE ILI FAX NO. An 9r 1 _illoc e ryl n Ho` -4 E ic_k.1( re -_1 / �!'U E _ J1 n/ pr'lo c ? 14 cie-kui I-C<<'sNl PHONE 575 736-704-/0 ZIP CODE #1462L FAX NO. PHONE ADDRESS E-MAIL ADDRESS ZIP CODE FAX NO. DESCRIPTIONOF PROJECT A SS' re( f (t pc co, SI Ur ) c(:ky ; • (31-1b(Cr5 i F 'ec. r\LA C I P9Ci cumr1+ `y/ ri FLC fbe APPLICANT OR AGENT (PRINTED): APPLICANT OR AGENT (SIGNATURE(S): Jr) J �derC- DATE 0-112S/202.i (Do Not Write Below This Line/Official Town Staff Use Only) FEE $ 60 DATE APPLICATION RECEIVED: C -6 2 262._ Application Meeting/Public Hearing Dates Application Accepted and Required Referral(s) Issued: 0601(74C+ r7JCT (J Public Hearing Date (Please note: more than one 1, _T-- t ` hearing date may be required): -__J(., NL Planning Board Referral (if required): Other Required Dates (if required) 4f r, / 2z)2---1 2dZ( 1280 'FITI S -\' ENI'E • RO('IIESTER, NEW YORK 14617 • PHONE: (585) 467-8840 • WW W.IRON1EQUOIT.ORG Angel Anderson 1969 E Ridge rd, DN E lrondequoit, NY 14622 Letter of Intent Dear Supervisor Seeley, My name is Angel Anderson and I am a new business owner. I'm writing this letter to inform you of a new business venture I am trying to pursue. At the location 1969 E Ridge Rd, DN E in lrondequoit NY. My business name will be called Kandy Paradise. The space here is 1300 square feet. It will be an event rental space with a comfortable and elegant look. Allowing the public to rent its space for special occasions, birthday parties, meetings, showers, small celebration, even receptions. We will not be offering the sale of anything, just free space to rent use for events. The space is two sides with a slight concrete wall down the middle with a opening.Giving enough space to walk in and get to each side from either way. The space will be permitted to use of one event at a time. There will be absolutely no Dj or live band permitted here, however we do allow use of a radio or bluetooth speaker for music. The hours of operation will be Monday -Friday 10am-10:30pm. Saturday's and Sunday's 9am-10:30pm, Meaning the space can be booked for use during them hours. Also there is a form in place which we will use when renting out our space that must be signed and agreed upon booking. That form is attached. Thank you. Best Regards, Angel Anderson 04/29/2021 -EVENT TYPE - Shower Q Birthday Parry ° Meeting Q small ceremony Q Other Pckday/time !k''A °Tuesday D °Wednesday °Thursday °Friday °Saturday °Sunday {FACILITY BOOKING TIMES Weekdays 10am-10:30pm and Weekends 9am-10:30pm BOOKING MUST BE MADE at least 1 week in Advance. -PRICING- $300 Weekdays Mon -Fri $375 Weekends Sat -Sun Holidays $500 ,.. Someone will be there to meet you at the facility upon your arrival to unlock the door. Be out of the premises no later than 15 minutes after your Departure time (extra time to have things back like they were when arrived) -RESTRICTIONS • All indoor tables and chairs must remain inside. • Amplified music (DJ or live band) is not permitted at this location due to its proximity to other rented facilities. However We do INCLUDEA Bluetooth speaker for use, Courtesy of Kandy Paradise • Facility is Carry -in, Carry -out. All TRASH must be removed ** CLEANING Supplies will be available in Janitorial Room. -REFUNDS/CANCELLATION • Payment must be made at the time of making the reservation. THERE WILL BE NO REFUND GIVEN For a cancellation made within 14 DAYS of the reservation date. Credit/Debit card , Cash ACCEPTED. Receipt will be given.. ** COVID-19 RESTRICTIONS** • Please Wear a Face Mask • Wash and sanitize hands frequently • Professionals Cleans and Disinfects Daily Keeping our Facility safe for our staff and the public. Upon Signing this you agree to the Rules and regulations , A copy will be given to you. I read English and understand that this consent agreement is legal and binding. I have read and fully understand all information in this agreement. I am over 21 years of age and consent to the agreement to this event.booking application. Full Name Signature Date Booking Form Est 2021 SSE ^.�.� LH — it r .: a 1 . J1t _ F . y, - a ^ i 3tt `- -- - -- 1 A 3 85— vim- y : ra.rw<.f 000 Ws' iii=114&1193",:atiQr . nvC ,Po FS tx eztiltella Great Win Ridge Inc. 1967 Ridge Road East, Rochester, New York and Kandy Paradise (Angel Le Ana Anderson) The Landlord hereby ?eases to the Tenant the following premises. 1969 East Ridge Rd,DN E,Rochester NY 14622 The Premises rented consists of 1,300 sq. ft. on the lower level. for the term of , One (1) Year to caminence from the 1st 30th d,. April 2022 a.,37„ f May 2021 1st. Tha-t -the Tenant shad Flay tae asnnai rear of as Landlord as Tenant and to end on The e to he used and occupied only for z-gw i the condinions and cos °Hants follow=: o : Nine Thousand Six Hundred Dollars ($9,600.00) said rent to be paid in equal .monthly payme:.ts acsaz ce on the tern, aforesaid. as foi2cw=: 1st day of cacti and every =ant during the Lease Years Monthly Payment 1 $800.00 lad_ That the Tenant shall take good care 01 the Premises tird shT_'. at tie Tenant's own cost and expense make all repairs including all repairs to plumbing, heating and air-conditioning, hot water tank, electrical wiring, and equipment located within the demised premises. and at the mad or other expiration of the term, shall deliver up the demised p. -wises in dead o.c7er or condition-, darnarea by the elements excepted. Sta. 3 mar the Tenant shaFe prcaznptJ ea -cc -ate ,and a' zply with mil star es, o; dioaness, rzrIcs, o:°+.errs, re ulu ffvaa et:.d I!'qtilr4- :rr._ts oz tfm ='rc:c:ral, State anti Locnf Gorerstrtet:.s aTd of a.;y and an their De, z•rta er_fs aed Bureaus applieabsle to said jarem:nos. for the correction.. prevention. and ee cmeat of nuisances or other grievances, in, news. or CDnne ted with said premises during said term; and shall also promptly comply with and cxecrrtc all rules, a.'ders and regulations of *Go New J ova $oa d of Ffre 'Ztrderwriters. or any acre: similar body, ct the Taila„t's owrr_ cost and expense. .9 iii That the Teoart, successors, .heirs, executors or adminhrtrators shall not assign this sgreentewc, or walerlet or under- Iectse the premises, or may part thencof, cr ,make any alt -ations on the premises. %without the Landlord's eo:strrt 3.r witting; or occupy, er permit or s...ger the same to be occupied for any business or purpose doorard disrep stable ar ewtra-ba aseloirs oa ac• aaat of fare, under the penalty of damages and fearfeleura, and is the event of a breach thereof, :.,be reran $weirs shaf7 ins- rzediarelg cease arid determine at :he action of the Landlord as if ft were tht; espiratz'ote of tiro original term. 5th. 7'e -ant most give Landlord ptorspt notice' of bre, accident, dal »are ordaageroua or eiefeoti're condition. it the s''rens sea can not be csed because of fire or other casualty, Tenant is mot required w pay rent for the time the Premises are=usable. it [earl of the Premises nen not be a sed. ?anent most goy rent for the usable parr. Lana.7ord show have the eight to decide which port calf t Premises Is namthic. Landlord need only rep+afr the damaged structure) parts of the Premises. Landlord 3s rot required to repair or replace any equipment, , Extol -es, furnishings or decorart€ons atalz-ss originally installed by Landlord. Land- lord is not responsible far aelays due. to settling insurance claims. obtaining estimates. labor and scrpply Problems or any other cats° not frzlly insect- Landlords control. If the 2Src or other casaalty is caused by an act or ree'iect of renew -24 2'en u;t's cal ployee.s or iarFtees Or at tae tfroti of the 5 r or casualty Tir.aazt is in default in any terry of this Leese. them all repairs will be taadc at Tenatrf's expense mud Tenant' must pap the fall rent with rso adjastm ear The cost of the repairs will be added rant. L acilcrrd has the right to demolish or rebuild the Poifdiag if there is salusra :ial dscaage by fire or other casualty. Landlord reap cancel this -Lease within 30 days after the subsc tial dare or casualty by giving" Tenant notice of Landlord's intention to demolish or rebuild. The Lease will end 30 days 4fter Landlord's cancellation fletice to 'Tenant. `errant nons.r deliver the Premises to landlord on or before ohs cancellation date in the oo[ice red pay all rent ciao to tire date of the Ire ar'•- casuala3. If the Lease is cancelled Landlord is eot required to repair the Premises or $triIding- The cancellation does net release Tint of liability in connection with the ire or casualty. This Section is intended to replace time terms of .Mew ¥date[ • Real Property Lev. Section 227_ 6th. rho said Tenant agrees that the sasid Landlord sod the Landlord's agents and other representatives shall have the right to enter into end upon said premises, err any part thereof. at a71 rcasorable hours for the purpose of examining the same, or making sach,rep:r1'rs or alterations therein as may be necessary far the safety and preservation thereof. 7th. The Tenant also agrees to permit the Landlord or the Landlord's ageaats to show the premises to persons wishing to bare or purchase the same, and the Teswaz farther agrees thet on and after the sixth =merle areal' preceding. the expiration of the term hereby granted. the Landlord or the Landlord's agents shall have the right to place notieee on the front of said premises, or any pert thereof. ofering the prerises '`To Let" or "For Sale", teed the Tenant hereby- agrees to pe. mit the same to remain thereon without hindrance ox molestation. 8t%. That if the said premises. or any part "_hereof shall be deserted or become vacant derfrg said term, or if any default be wade in the payment of the said rent or any pare thereof, or if any default be trade in the psrforneartee of away of the cove- nants herein contained, the Landlord or representatives may re-enter the said premises by force, summary proceedings or being liable to prosecution therefor: _ otherwise, and remove all persons eherrfron+. without ��td►a�. --a-�A r��,r-�•••••� ._ - :+Cr";5 �' - and the Tenser shall peg at the erne tinge as the rent beeorxes payable corder the terms bermf a zone equivalent to the rear reserved herein, and the Landlord may rent the premises on behalf of the Tenant, reserving the right to rent the premises fora longer period of time than feted in tho original lease without releasing the original Tenant from any !lability. t3pply in ; arty r ones collected. first to the expeztse of resorting or obtaining Possession. eeeoad to re-eor:ng the premiers re a rentable condition. and then to the payment of the rear and all ether charges o'se sand to grow due to the Landlord, any surplus to be paid to the Tenant, who shell rewire Iixblfi for soy deficiettey. $th. Landlord may replace, at the expense of Tenant, any and till broken glass in aad about the demised premises. Landlord may Insure, and keep iesvred., 817 ,pinto gloss in the demised premises for and in the cease of Landlord. Hille, for the pramiumS therefor ehalt be rendered by Lotarllord to Tenant of socb titres es Landlord rosy ,elect, aed sf+a7J be due from, aed payable cg Tenant when rendered, and the emotrot tbereoi shall be deemed to be. and be paid as, additional rental_ L7arnage and injury to the said premises. caused by the carelessness, negligence or improper conduct an the part of the said Tenant or the Tenant's agents or employees shall he repaired as speedily as possible by the Tenant et the Tenant's own cyst and expense. 1Ot)i That ma reaaut shell neither ercmmurer sox obetruct the sidewalk in front of, entrance to. or balls and stairs of said premises, nor allow the sense to be obstructed or cnct±nabered In any manner_ 1 ith. The TeFaat shall neither place, or cease ear callow to be placed. any sign or signs of any kind 'whatsoever at, in or about the entrance to said premises or any other pest of same. exceree in or at such place or pieces as may be indicated by the Land- lord and consented to by the Landlord in writing. And in case the Landlord or the Lonelier -es representatives sbulJ deeaa it necessary to remove any such sign or :.igns in order to petrel the said premises or the emildine wherein same is situated ar make any tither repairs, alterations or improvements in or open said pretuisee or buildia?g or eny part thereof. the Landlord shall have the right to do so, providing the same be removed and replaced at the Landlord's expense, wherever the said repairs, alterations or improvements -shall he eon: tiered. 12th. That the Landlord is exempt from any .2124; eel f. zrsilit / for any dararc or injury to person er property coriscd be or resulting from eft -am. electricity, gas, ovate,-, rain. ice or snow, or say leak or He from o: into any part of said building or from say damage or ire:eery resulting or arising from any other cause or Kapp odes whatsoever unless said damage or ieriery be caused by or be deae to the negligence of the Landlord. 1311. That if default be made in any of the covenants herein contained, then it shall he lawful for the said Landlord to re- enter he said premises and the saute to have again. . re -possess and eteioe vat' acy aw---.`---„- 14th. That this xnstrvme:rt shall not be a 7ienat;aicst sefd premises in respect to enp mortgages that arc now On or that bere- alter r ay be Paced against said premises. and that the recording of such mo tgace or m+ortg0Zeo shalt keve prefereuee and precedence and he superior and prior in Ilan of this lease, irrespective of the elate of recording and the Tenant' agrees to es- ec to without cost, any such instrument which mey be denrued nsces ry or desirable to fur.tber effect the sebor ieaiip7 Of this ieere to any much mortgage or reo-tg. res. end a refusal to execute such instrument shell entitle the Landlord, or the Lard- hard'_s assigns and legal rcprrraentetives to the option el cancelling this lease without incurring amp expense or carnage end the tenet hereby granted is exr.ressly Jirnited aecordintly. ieutle- The Tenant 'ecs this a„1- deposited with. the L edlord the warn of 8 800.00 as security far the f Tl Jod faithful perferrrance by the Tenant of all the terms. covenants and conditions of this tease upon the Tel:t en -es- part to be pexfnra:ed, which said sum shall be returned to the Textant Miter the time fixed as the expiration of the terra herein, provided the Tenant bas fully and faithfully carried out all of said terms, covenants and conditions on Tenant's part to be performed -.t the event of a bona fide sale. subject to this lease, the Landlord shell have the right to trar.s'fer the secueltp to the vendee nor the benefit of tho Tenant and the Landlord shall be considered released by the Tenant Pram all liability for the retsr'o of &Loch security; and the Tenant agrees to look to the .crew Landlord solely for the tauten of the said security. and it is agreed that this shall apply to every transfer or assignment trade of the security to a tre{v Landlord. 1611,. That the security deposited under this lease shall not be mortgaged. assigned or erseunlacred by tic Tenant without the written consent of the Landlord. 17th. it is otrprests/7 uraterstose and agreed that in case the demised premises shall he cleterted or vacated, or 1I default be made in the pa_var.one of the rent or any part thereof as borer spec15ed, or i . without rye consent of the Landlord the Teua0t shall stn. assign, or mortgage this lease or if default be =ado in the performance of any of the covenants and asrcernentf tar this lease contained en the part of the rennet to be kept rend performed, or if the Tenant shall fail to con ply with any Of the statutes. ordinances. rules. orders. reguletiomc end requirements of the Federal_ Stereo and Local Governments or of .any and all their Departments and Hercaus. applicable to said prerisea. or if the Tenant shell die er there be Meld against Tenant a petition in bee.ktaptey or arrangement, or '7"nnnnt be adjudicr;ted a bankrupt or Mahe an xss=gament for the, benefit of creditors er tare or: an:age of any insolvency act. the Landlord may. if the Laadle d so elects_ at :trig time ttrareafte,- terminn'to lit lens& sad the term hereof. on giving to the Tenant See days' notice in writing of the Landlord's intention so to do, and this lease and the ten= hereof shall expire zed come to an and op the dare E:red in such notice es If the said dare wore the /Mate originally fixed fn this lease for the expiration hereof. Such notice may be 4.ivcn fay nail to tbet Ter=n' addressed to the demised premises. 18th. Tenon t droll pay to Landlord the rant or cbargt. which may, during the demised term, be assessed or f----ar.cd for tho waxer used or consumed in or on the said premises, whether determined by r:- titer or otherwise, as soon es and whet the same may be assessed or imposed. and will also pay the expenses for the setting of a Water meter in the said premises should the latter be required_ Tenant shall PAY Tenants propertionat0 part of the sewer rent or cf-crge imposed upon the h:tilding..,31! swell rents or charges or exp cosex shall be paid as additional rent and s.troii be added to the next month's rent thereafter to become due. 19t'Et... That the Tenant will sot nor will the Tenant permit nnderzenauts or ether persons to do anything in said prernfses, or bring anything into said promisee:, or pernsit atrytbiaag to be brought into said premises or to be kepi therein, which will in arty :ray Increase the rate of .Ere insurance on said demised premises, nor use the demised premises or any part thereof. nor saline - 07 perr.tit their ryefor nep business or purpose which wetaltl cause Mtn increase in the rate of 5re insurance on said boitding, and the Tenant agrees to pay oft demand any such increase_ 2Oth_ The failure of the Landlord to insist upon a strict performance of any of the tenets, conditions end covenants heroin, shall not be deemed a waiver of any rights or ren edict fbat the Landlord may, have, wad shall net be deemed a waiver of eny subsequent breach or default in the terms, condi1 oms zed countries herein contained. This isgtrument may not be changed, modified, discharged or terminated orally. 21st. l'f the whcic er aey part of the demised prciiseS sS.IJ3 be required or condemned by Eminent L onialn for nary peddle ex quasi public use or pe pose. then end in that event. the terra of ThSI lease shall cease and terminate from the date of title vesting in such proceeding and Tenant shall 55v11 no coeisn nrrniost Landlord for the v+lee• of ant- vnaspired term of said lease. No part of any awerd shall belong to the Tenant. 22nd. Tf after default in pny=aant of rent or violation of ai;y other provision of this lease, or Upon the expiration of this lease, the Tenant moves out or is dispossessed and fails to remove any trade fixtures or ocher property prior to such .said default, reinneval, expiration of lease, or prior to the issuance of the srraJ order or execution vi the warrant, then and in that event, the said fixtures and property shall be deemed abandoned by the said Tenant and shall become the property of the Landlord: 23rd. in the event that the relation of the Landlord and Tenant may cease or terminate by reason of the re-entry of the Landlord u+sder the terrors and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises. by the Tenant, it is hereby agreed that tbo Tenant shall remain liable and shall pay in monthly payments the rent which accrues subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, the difference between the rent reserved end the rent collected and received, ii any, by the L.aildlo -d daring the remainder cif the unexpired term, such difference or de5cjency between the rent herein reserved and the rear cssliected if any. shall become due sled payable in monthly payments during- the remainder of the term, as the art:o:icts of such difference or decadency shall from time to time he aseertained; and it is ncutttai£y agreed between Landlord and Tenant that the re.specttve parties hereto shall and hereby do waive trial by jury in any a .tan, proceeding or cuara;eralair_a brosgk t by either of the parties against the other on any matters wbatsaevor arising; out of or in any way connected .with this !ease, the Tena,nz's use or occupancy of said premises, and/or any claim of injury or damr_go_ 24th. Tb_e Tenant waives aJJ rights to redeem under r y law of the State of New York. 25th. This leas -.e oad the obligation o; Tenant to pay, - zt he,-euadcr and perform all or the other covenants had agree- ments hereunder on part of Tenant to be performed shall it nowise he affected, impaired or excused because Landlord is unable to supply or is delayed in supplying env service expressly or irrpli-fly to be supplied or is tunable to make, or is delayed is making any repairs, additions, alterations or decorations or is ramble ro supple or is delayed is supplying any equipment or fixtures if Landlord is prevented or delayed front so doing by reasons of governmental preemption in cOf aec- tian with a Wannest Emergency or in connection with .a,±y .-tale.. order or regrrla4nn art nay. deparir^enr or cab di visinv thereof of any . overrsnental agency or by reason_ of the condit_'on of =triply and demand +rhich have been art .arc affected by war or other et.tergency. 26th. No diminution or abatement of resat, fir outer compeasatioa, shall be claimed or allowed for iw onvenie.MCa or discom- fort arising from the looking of repairs or improvements to the building or to its appliances, nor for any space taken to comply v nth zany law, ordinance or order of a governmental authority. 2 r respect to the various "services," if arty, herein expressly or irapliedly .agreed to he furnished by the Landlord to the Tenant, it i5 :greed time there shall be no diminution or abatement of the rent, or any other compensation. for interruption or curraJ:naent of such "service" when such interruption or curtailment shall be due to accident, alterations or repairs desirable or necessary to be .made or to inability or difficulty in securing supplies or labor Los the maintenance of such "service" or to some other cause, not gross r,egligeres on the part of the Landlord- No such interruption or curtailment of any such "service" shall be deemed a constructive eviction. The Landlord shall not he required ro furnish, and the Tenant shad? not be entitled to receive, any of such "services"' during any period wherein :tie Tenant shall be in default in reameet to the payment of rent. Neither shall there be any abatement or diminution of rent beeeaSe of ,matting of repairs, improvements or decorations to the demised premises aster the date above $:cad for the commencement of the reran, it being u. derstaod that rent shall, in t.^.y event, commence to run at such date so above fas.cd_ 27iii_ h,anarord snail not be Iisb_e for failure to gift possession of the rrer..ises :apart commencement date by reason n: the isct that premises are not ready for occupancy or because a prior Tenant er any other person is wrongfully holding over or is i : wrongful possession-, or for any other rcaso z_ Th,e root shall not co.Yrneace until possession is given or is available, bur the tessz Herein s.ball not be extended_ This Lease contains an Addendum consisting of Paragraphs 28 through 43 which are incorporated herein. s#rari the said Landlord doh covenant flint the said Tenant on paying the said y^arty rent, and perforating t/=e covenants aforesaid, shall and may peacefully and quietly have, hold end enjoy the said demised premises for the tar= aforesaid, pro- vided however, that this covensnt shell be conditioned upon tint retention or Title to the premises by the Landlord. aItb it tar mutually unberstuab anb agrctb, ekae t:.e C07,0.212:ts art_sl asreerrients contained is the within lease shall be £ LodL1 g upon the pardea hereto and oo their respective st c ese rs, lairs. erecutors end adia2oistrstors. �n 3itru i. 1jir etil, the parties have interchangeably set their :hands and seals for caused these presents to be signed by their proper corporate officers sod causer/ their proper corporate seal to be hereto afsedZ this day of Signed, sealed end delivered in the presence of Great Win Ridge Inc. Angel Le Ana Anderson r �. ACKNOWLEDGMENT N NEW YORK STATE (RPL 309-x) State or New York.. County o£ ss_: On before rne, the undersigned, personally appeared personally known to ape or proved to pie on the basis of satisfac- tory- evidence to be the individuals) whose name(s) is (am) subscribed to the within instrument and xi towledeea to me that hc:fsheithev execute -*d the sante in his/her/their �crteacity(ies), and that by his'laeetheir signature(s) on the instrument, the indi- vidual(s). or the person upon behalf of which the individuals) acted, executed the instrument. (sign 2Or.± arm n•l/tce of indiViL i.a rukinnm arkr_ nvlcdyniera ACKNOWLEO MENT OUTS:DE NEW YOSK STATE (S?PL 3U�b) State of County of ss._ C?rt before me, the undersigned, personally appeared personally known to me or proved to me on the basis of saris - factory evidence to be the individual(s) whose narne(s) is (are[ subscribed to the_ within instrument and ackrowtedaed to me that be/she/they executed the same in hisfiaer'their capacity(ies), and that by Iti,dheritheir signItnree(s) on the ins[ nrnent, the indi- v-ititlatl(s), or the person upon behalf of v.whicib the itsditrittetal(s) acted. executed the incalittleft_ and that such individual made such appearance before. the undersigned in fins.-rt tit-,- t r ,rosy?it raZ Ss+3,•c:f3•iserui <Ind s rate or Coluz:y a:: nrfrrs playa- a,:wtar-f- Cr1,gment Laken) flotnar.tte cord n,.`?ke of aaii::tun# t[rkr arRa:av_•lr•iptar.rtj it GX140 YdLEDGMEN T BY SUasr'AtBe4G W iTN ES) State of County or On before me_ the undersigned, personally appeared the subscribing witness(es) to the foregoing instrument, with u•bem f ant personally acquainted, who, being by 'tyre duly sworn, clid depose and say that hc•she&t ey reside(s) in tee., nicer of re.sidcice is in a rL' . isrtude. the street la ndl atter: eserrher• ifany_ rhere:7_l%_ that he/she/they knows) to be the intiivicivai(s) described in and who executed the fore- going instrument; that said subscribing witnesses) was (were) present and saw said execute the same; and that said witncss(c$) at the same time subscribed hisrireri their name(s) as a witneSs(es) thereto_ �J fttcrxr. Oursie:.t �i%c i• r., -r �rrtr. lnst•r.• -try rsrpolidral srhdirrica: and xfaig ra rtt:wary r. natter Nate ar.I•ruwied,- neia token And that said subscribing witness(es) ntade such appearance be oru the undersigned in /siz.trturr /lad i ice t!,r irtrritlns king geknoWietteiriatul in COIL diberutioIi of the letting of the premises within mentioned to the within named Tenant an the sum at $1.00 paid to the rzrrdersir;ned by the within named iardlcrd the undersigned do hereby covenant sett agree, to and with the Landlord and the Landlord's IeRoI representatives. that if default shall it any time he made by the said Tr�araf n the poyTr:te=t of the reze grad the performance of the covstzants contained iu the within lease, on the Tenant's pa=t to be paid and performed, that the undersigned will well and truly pay the said rent. or any arrears thereof. that n-. ay re- main doe panto the said Landlord. and also pay an da`nnges that may arise ire consequence of the non-performance of stti4 caveranfs, tar either of them. twithoa requiring notice of any srsc§ default from the said Landlord. The Underxig ied hereby waives all right to trial by 7uzy in any action or proceeding hereinafter instituted by the .Landlord. to which the undersigned rnoy be a party. 1r Gill ` Mitrzeg Zinc -real,. the rzrdersign, ed 1ha set teed and seal this try of to t WITNESS L S_ Iddeirdigm to Lease A'reentgl Tonant to procuro and pay for liability insuranoo in tho minimum arrrount of $1,000,000:00 naming th0 Landlord in said policy of insurance as his inter@st may appear: Tenant to provide Landlord with a copy efth@ "Certificate of Liability Insuranoo sh9Wing Landlord as additiena1 incur@d: 291. T@Want shall pay all utility bills, including but net limited to @loctrio, gas, h@at, wat@r and air-conditioning: alt@ration, additions or imprevom@nts, including oxtorior painting, shall net b@ Ono without Landlord's prier writton consent, which consont will not bo unreasonably withhold, 31", No signago shall b@ plated en tho promisos without Landlord approval and censont as to siFo, design and color, Rid approval and consont will not bo unroaspnably withhold: 3244, Tonant Shall bo r@sponsiblo for the maintenance of tho walkway and ontranc@ way directly a4iacont to the d@rnis@d premises, including now and ico r@rrrovai and salting and sanding, when n@cossary, 33'-a, All permits r@quir@d by the town or municipality shall bo appli@d for by Tonant at T@nant's cpBnsc, Tenant shall maintain and ko@p parking lot fro@ of littsr, Tenant shall also ho r@sponstbl@ for and shall boar the @?tpens@ of collection and removal from the domis@ promises of refrrso g@noratod by Pr arising from the Tenant's use and ocotrpanpy of the demised promis@s, Tenant may obtain own dumpstor at Tenant's @xpens@: 35th, Tenant agr@os to roplaco, at tenant's oxponso, any and all glass which may h@com@ brok@n, and the maint@nanP@ Of any and all doors in and en the promises, 36th: Landlord to bo given sixty (60.) days wrttton notice gfT@nants' intention to r@now: 37`h, Tenant to obtain fire insurance cov@rag@, at Tenant's own cost, for its personal property and contents: 3 `h, In the event Tonant shall broach any of tho terms and conditions of this L@as@, th@n Tenants shall pay all landlord's attornoy fool incurr@d with r@sp@at to such hr@soh: 39th, Tho rent payment must bo paid by the first day of each month at the Landlord's address listed above, Thorn shall bo a $100,00 late charge to tenant for any payment of rant Pr other charges not made within thr@o (3) days of the duo date, and $10,00 chnrgc for oath day after tho 3rd: 40�h, Tenant shall have the non-@xclns1v@ right to use the parking faoiliti@s in the roar parking lot of the building in which the lossod pr@mis@s arc locatod for the a000mrP4atikn and parking of such autPmobil@s of tho Tonant, tho Tonant's agents, omployoos and tholr customors: 41", pailuro to comply with tho forms of tho Loaso may result in eviction; Tonant shall still bo rosponsibl@ for ront until and of loaso torrns: 42n4,1?vorything of Loascd promises is as is, 43r4, Angel L@ Ana Anderson shall personally guarantoo all payments due tinder this Loas@ botwoen Landlord and Angel L@ Ana A-nd@rson: g,// `? 6- 0.1 ( Dated Angoi Lo An A dersan Dated CERTIFICATION: hereby certlf to: A! Frew (rJ:n @.' r • Z.4SErlT-NT Azo 6€E55 3yee � ire /97°o9' FJ 4,0 . .t 03' SAT -6 ,8UT// iTY, Of , '.5Sv/ P�%kw6e 6 - 0.3 6/4i,i)/2', cieaS5i eoNT)• 2,A4-,456-7176-49- 0 V :e kVcf5Tt.K1)" 5/2,e0 50 _P Q 04. t,.rh Ace. 3.� Pitta /i®1 Re •-.5 o Se, f' Frd�.-, ,lyy's 1L) /9q.se /tom r%� // C /� • that this map was made Gc. / Z e oOz_ from notes of an Instrument Survey completed Oc/ ftf, toot and references listed above: RONALD W. STAUB, NXS.L.S. *44621 TITLE: to 44'. r©'. o. /4 eEss , ''EEaPPss //56/2.3/ee CFO GE - g8• 1i MX deer #a77/&2- - , . INSTRUMENT SURVEY MAP d /l2/_'O nn "Unauthorized al on or addition to ■ survey mop bearing a licensed lend svrwey- orb seal is • violation of sortie's' 7209. au►•division 2, of the New York Stale Education Lsw. " "Only copies hem 'he oriyinel ur this srlr- Vey marked with art original of the food auto cyor's emhoasd seal ahsll htcottridered to be valid true copies." "Certifications indicated hereon signify that the survey was yreparttl in accordance with the ea itting Code of Practice for Land Surveys adopted by the New Yank State Association of Profestiond Land Surveyors. Said certifications shell run only to the per- son for whom the survey is prepared, and on his behalf to the tide company. gov- ernmental agency and. lending institution listed hereon, and to the arsignees of the Icridiag inttilutioa. Ce1Iifications are not trartaferatale to additional marltutIons or subsequent owners" Resolution No. 2021 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING AN AMENDMENT TO THE FORMAL POLICY REGARDING PETTY CASH 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 18th day of May, 2021 at 7:00 P.M. local time there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney to the Town Town Board Member ___________________ offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit, through resolution 2005-188 which was approved on December 20, 2005, last amended the formal policy governing the administration of petty cash and designated accounts for making change at points of cash transactions; and, WHEREAS, the policy contains a list of the designated Petty Cash accounts for making petty cash purchases and accounts for making change at points of cash transactions; and, WHEREAS, the Recreation Department and the Department of Public Works assess and collect fees for various services and programs; and, WHEREAS, there is no current petty cash designated to the Recreation Department or the Department of Public Works for making change; and, WHEREAS, pursuant to Town Law Section 64(1-a), the Town Board may by resolution establish petty cash funds and the amounts therefor. NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes an amendment to the Petty Cash Policy which was originally established on February 4, 1997 through Resolution 97-15 and amended by resolutions 98-119, 99-73, 99-229, 2001-029 and 2005-188 to increase petty cash for making change at the Recreation Department to $500 and to increase the Department of Public Works petty cash to $50 for making change. The amended policy is restated as follows. Accounts for Petty Cash Purchases: Supervisor (Comptroller) $400 Parks $100 Police $200 Library $80 Sea Breeze & Vicinity Water District $200 Accounts for Making Change at Points of Cash Transactions with the Public: Town Clerk, Tax Collection $950 Town Clerk, Licenses and Fees $250 Court $250 Library $400 Recreation Department $500 Department of Public Works $50 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_________________ 9803647_1 Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF GRANT FUNDING FROM THE DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES At the regular meeting of the Town Board of the Town of Irondequoit (“Town”), Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town, on the 18th day of May, 2021 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 applied for grant funding from the Department of Justice Office of Community Oriented Policing Services (“DOJ”) in the amount of $206,136 over three years (“Grant”), for the purpose of conducting a School Violence Prevention Program and to improve security at schools within the Town (“Project”); and WHEREAS, the participating schools will be required to providing matching funds toward the Project of approximately $65,000, and the Town will be required to provide matching funds in the estimated amount of $1,000.00; and WHEREAS, in connection with the Grant, DOJ required the Chief of Police to electronically sign Award Documents with the DOJ; and WHEREAS, the Project is advisable and in the best interest of the Town; and WHEREAS, it is advisable and in the best interest of the Town to fund the Project with the Grant funding and in matching funds by the Town, and to execute the Award Documents; and WHEREAS, the Town Board determines that the Project is a Type II Action pursuant to 6 NYCRR §617.5 (c)(26) (routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment). 9803647_1 NOW THEREFORE BE IT RESOLVED, that the Town Board accepts the Grant and authorizes the payment of matching funds toward the Program, in the estimated amount of $1,000.00, to be paid over three years from account # 001.3120.4120.4389. AND, BE IT FURTHER RESOLVED, that the Town Supervisor or Chief of Policy may execute the Award Documents, as Annexed as Exhibit A, and in such final form as approved by the Attorney for the Town, and to execute any additional documents that may be required in forms as approved by the Attorney for the Town. AND, BE IT FURTHER RESOLVED, that the Town Supervisor or Chief of Police are hereby authorized and directed to apply for the Grant and that the form, to accept and execute the terms and provisions of the Award Documents, in final form and substance to be approved by the Attorney for the Town, and their signature(s) thereon being conclusive evidence of such approval, and that the execution, delivery and performance by the Town of the Award Documents and the consummation of all of the transactions contemplated thereby, are hereby in all respects approved, adopted and authorized. AND, BE IT FURTHER RESOLVED, that the Town Supervisor or Chief of Police be, and hereby are, authorized, empowered and directed to take all such further actions and to execute, deliver, certify and file all such further agreements, undertakings, certificates, instruments and documents, in the name of and on behalf of the Town, and to pay all such costs, fees and expenses as the Town Supervisor and Chief of Police shall approve as necessary or advisable to carry out the intent and accomplish the purposes of the foregoing recitals and resolution and the transactions contemplated thereby, the taking of such actions and the execution, delivery, certification and filing of such documents to be conclusive evidence of such approval. AND, BE IT FURTHER RESOLVED, that any and all actions taken by the Town Supervisor or Chief of Police prior to the date of adoption of the foregoing resolutions which would have been authorized by the foregoing resolutions but for the fact that such actions were taken prior to such date, be, and each hereby is, ratified, approved, confirmed and adopted as a duly authorized act of the Town in all respects and for all purposes. 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 _______ 9803647_1 Exhibit A (DOJ Grant Award Documents) U.S. DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES 145 N Street. NE. Washington, D.C. 20530 September 1, 2020 Supervisor David Seeley Irondequoit Police Department 1280 Titus Avenue Rochester, NY 14617 Re: COPS Office School Violence Prevention Program Award #2020SVWX0037 ORI#: NY02702 Dear Supervisor Seeley: core Congratulations on your agency's award for $206,136.00 in federal funds over a three-year award period under the 2020 COPS Office School Violence Prevention Program (SVPP). The local cash match required for this award will be $68,712.00. Your agency may use SVPP award funds to improve security at schools and on school grounds within your jurisdiction through evidence -based school safety programs. A list of conditions that apply to your award is included in the SVPP Award Terms and Conditions in your award package. If applicable to your agency, Additional Award Notifications are included at the end of this letter and are incorporated by reference as part of this letter. In addition, a limited number of agencies may be subject to Special Conditions because of high risk designation or other unique circumstances. If applicable to you agency, these Special Conditions will be found in an Award Document Supplement in your award package. You should read and familiarize yourself with these conditions. To officially accept your award, the Award Document must be signed electronically via the Account Access tab in the COPS Office website at www.cops.usdoj.gov. The awarded Government Executive/Financial Officer (GE/FO) will need to establish an electronic signature in NexGen in order to electronically sign important documents in the grant management process and accept the award. Please contact the COPS Office Response Center at 800-421-6770 or send an email to askCopsRC@usdoj.gov to learn more about the award acceptance process and establish e -signatures. Please note that the Account Access tab will link to additional award acceptance guidance after September 22, 2020. After this date, the NexGen Agency Portal Login will also no longer be available. Recipients that have not signed the award document prior to September 22, 2020, will be required to complete the award acceptance process and all future award management activities in the Department of Justice's Justice Grants System (JustGrants) which will launch on October 15, 2020. To accommodate this transition, the COPS Office has extended the award acceptance period from 45 to 65 days from the date of this letter. The official award start date is 09/01/2020. Therefore, you can be reimbursed for allowable and approved expenditures made on or after this date. Please carefully review the Financial Clearance Memorandum (FCM) included in your award package to determine your approved budget, as the COPS Office may not have approved some of your requested items during the budget review process. The FCM will specify the final award amount and will identify any disallowed costs. Supplemental materials for FY 2020 SVPP award recipients can be found at https://cops.usdoj.gov/svpp. We strongly encourage you to visit this site as soon as possible to access a ADVANCING PUBLIC SAFETY THROUGH COMMUNITY POLICING ORI NY02702 - Award 2020SVWX0037 - Award Letter 2020 - SVPP - Page 2 of 2 variety of important and helpful documents that will assist you with the implementation and management of your award. Helpful items include the FY 2020 SVPP Award Owner's Manual, which specifies the legal, programmatic, and financial terms, conditions, and requirements of your award. In addition, the above website link include the forms and instructions necessary to begin drawing down funds for your award. Please also ensure that you print out a copy of your application and maintain it with your award file records. Once again, congratulations on your FY 2020 SVPP award. If you have any questions about your award, please do not hesitate to call your Grant Program Specialist through the COPS Office Response Center at 800-421-6770. Sincerely, Phillip E. Keith, Director Additional Award Notification ADVANCING PUBLIC SAFETY THROUGH COMMUNITY POLICING 9930252_1 Resolution No. 2021 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION ACCEPTING PROPOSALS FOR RISK ASSESSMENT FIRM AND THREAT ASSESSMENT AND MANAGEMENT FIRM IN CONNECTION WITH THE IRONDEQUOIT POLICE DEPARTMENT SCHOOL VIOLENCE PREVENTION PROGRAM At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on t he 18th day of May 2021 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 issued a Request for Proposals (RFP) on March 12, 2021 for two firms to provide services in connection with the Irondequoit Police Department’s School Violence Prevention Program (the “Program”); and WHEREAS, the Program is funded in part by grant funding from the United States Department of Justice; and WHEREAS, the RFP selection committee, pursuant to Section 51-10 of the Irondequoit Town Code, has recommended: (a) Blackhawk Emergency Management Group to provide Risk Assessment Advisory Services: (b) AT-RISK International, Inc. to provide Threat Assessment and Management Services; and WHEREAS, the Town Board determines that the Program is a Type II Action pursuant to 6 NYCRR §617.5 (c)(26) (routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment), and WHEREAS, funds are available from the account #001.3120.4120.4389. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the hiring of: (a) BlackHawk Emergency Management Group to provide Risk Assessment Advisory Services for a fee not to exceed $72,450; and (b) AT-RISK International, Inc. to provide Threat Assessment and Management Services for a fee not to exceed $34,300, such fees to be paid from account #001.3120.4120.4389. 9930252_1 AND, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute the agreement with BlackHawk Emergency Management Group in substantially the form annexed hereto as Exhibit A and to execute any and all documents related to such agreement. AND, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute the agreement with AT-RISK International, LLC in substantially the form annexed hereto as Exhibit B and to execute any and all documents related to such agreement. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ____________ and duly put to vote, which resulted as follows: Town Board Member Wehner Voting __________________ Town Board Member Perticone Voting __________________ Town Board Member Romeo Voting __________________ Town Board Member Freeman Voting __________________ Town Supervisor Seeley Voting __________________ 9930252_1 Exhibit A 9930252_1 Exhibit B 9934776_1 12 ADDENDUM “B” CERTIFICATE OF INSURANCE & INDEMNIFICATION AGREEMENT REQUIREMENTS 1. Insurance company(ies) providing coverage(s) must carry a minimum “A++VI, A+VII, A VIII or A-IX” rating in the current version of A.M. Best’s Insurance Guide and Be licensed to do business New York. 2. A minimum 30 days’ advance notice of cancellation or non-renewal must be given to: Irondequoit Police Department, 1300 Titus Avenue, Rochester, NY 14617. The policy or policies noted below shall be primary to any policies of insurance available to the Town of Irondequoit. The Town and/or its representative retain the right to make inquiries to the contractor, or to its insurance agents or broker and to the insurer(s) directly. 3. A certificate of insurance must be in the Town’s possession a minimum of thirty (30) days prior to Blackhawk’s first performance of services. Blackhawk shall deposit with The Town satisfactory evidence of insurance (including renewals) showing minimum coverage as required above with proof of premiums paid up-to-date, and shall be accompanied by proof that the Town and its officers, employees and agents are named on the policy(ies) as additional named insureds. Annual certificates evidencing insurance coverages shall be provided to Town no later than thirty (30) days prior to each contract year. It is Blackhawk’s responsibility to initiate this submission, and the lack of any specific request from the Town shall not eliminate the mandate. Failure to provide binders in a timely manner shall be considered a contract default consistent with the provisions of these specifications. 4. Commercial General Liability: a. A minimum one million dollars ($1,000,000) per occurrence / two million dollars ($2,000,000) aggregate, which shall include coverage for bodily injury, personal injury, and property damage. Coverage shall be at least equal to Insurance Service Office, Inc. (ISO) form CG 0001. b. Contractual Liability coverage shall include coverage for the required Indemnification Agreement. c. Town of Irondequoit and its officers, employees and agents must be named on the policy as an additional insured, on a primary and noncontributory basis. A waiver of subrogation in favor of the Town must apply. 5. Automobile Liability: a. A minimum one million dollars ($1,000,000) combined single limit (bodily injury and property damage) for all owned, hired or borrowed and non- owned motor vehicles, and including additional personal injury protection coverage of $150,000 per person as well as supplementary uninsured motorist coverage in the maximum amount allowed by law. Coverage shall be at least equal to ISO form CA 00 01 with no manuscript endorsements March 30, 2021 IRONDEQUOIT POLICE DEPARTMENT 2021 Risk Assessment Advisory Services Proposal Prepared for: Mr. Alan J. Laird Chief of Police Irondequoit Police Department 1300 Titus Avenue Rochester, NY 14617 phone: (585) 336-6000 alaird@irondequoit.org Prepared by: Mr. Christopher D. Durkin, MPA, CEM®, MEP President/CEO Blackhawk Emergency Management Group 3313 Chili Avenue, Suite B Rochester, NY 14624 phone: (585) 738-8940 cdurkin@blackhawkemg.org web: www.blackhawkemg.org BLACK EMERGENCY MANAGEMENT GROUP Pre venbon • Malgatvjn • Prep aretlness • Response • Reco vary Veteran Owned and Operated Irondequoit Police Department 2021 Risk Assessment Advisory Services Proposal 2021 Risk Assessment Advisory Services Proposal Table of Contents 1. Project Background 3 11. Risk Assessment Firm 3 1. Identifying Information 3 2. Experience and Capabilities 4 3. Project Pricing and Fees, 6 4. Miscellaneous 9 March 30, 2021 • Irondequoit Police Department 2021 Risk Assessment Advisory Services Proposal I. Project Background The Irondequoit Police Department (IPD) oversees a School Violence Prevention Program and plans to commence a project to improve school safety and preparedness in the event of an emergency ("Project"). The Project will include the East Irondequoit Central School District ("EICSD") consisting of six buildings and 2,996 students, the West Irondequoit Central School District ("WICSD") consisting of 10 buildings and 3,641 students, and the Bishop Kearney private school serving 325 students in one building ("BK", and collectively with "EISCD" and "WICSD", the "Schools"). The Project will proceed in several steps and involve school personnel, IPD personnel, and two private companies selected to perform the work described herein (or one company capable of providing all work). II. Risk Assessment Firm 1. Identifying Information a) Blackhawk Emergency Management Group Limited Liability Company (LLC) 3313 Chili Avenue, Suite B Rochester, NY 14624 b) EIN:47-3591277 c) Mr. Christopher D. Durkin, M.P.A., CEM®, MEP Phone: (585) 738-8940 (Cell) Email: cdurkin@blackhawkemg.org d) Risk Assessment Firm Subject Matter Experts (SME)s: 1 Mr. Christopher Durkin, M.P.A., CEM® - Project Leader 2. Mr. Charles Cutler, M.B.A. - Deputy Project Leader 3. Mr. Patrick O'Flynn, M.A. - Physical Security & Risk Assessment SME 4. Mr. Richard Geary, M.A. - Emergency Management & Physical Security SME 5. Mr. Zachary Callahan, B.S. - Emergency Medical SME 6. Ms. Allegra Crist, B.S. - Administrative Assistant March 30, 2021 Irondequoit Police Department 2021 Risk Assessment Advisory Services Proposal 2. Experience and Capabilities a) Organization and Supporting Details Blackhawk Emergency Management Group, LLC, aka "Blackhawk EMG" based in Rochester, New York and located at 3313 Chili Avenue, Suite B, 14624 is a veteran -owned business specializing in disaster prevention, preparedness and emergency management for education, healthcare, houses of worship, business, government, not -for -profits, families, individuals and more. Blackhawk EMG's multi- faceted approach consists of the assessment of organizational threats and hazards which may adversely impact the daily operations. This assessment initially involves physical security assessments, hazard vulnerability assessments and the review of existing emergency management plans, policies and procedures in relation to pertinent threat/hazard prevention, mitigation, preparedness, response and recovery. Plan, policy and procedure validation is accomplished using the Federal Emergency Management Agency's (FEMA) Homeland Security Exercise and Evaluation Program (HSEEP) compliant discussion and operations -based exercises. Christopher D. Durkin; the principal consultant, is an International Association of Emergency Managers (IAEM) fully qualified Certified Emergency Manager (CEM®), FEMA trained Master Exercise Practitioner (MEP) and retired 23 -year veteran of both the U.S. Marine Corps and U.S. Army with 17 -years piloting MH-60 Blackhawk Helicopters for in support of special operations. b) Organizational Capabilities The Blackhawk Emergency Management Group is a Rochester, New York based, veteran owned and rapidly emerging organization focusing entirely on all elements related to emergency management and homeland security. At its core, Blackhawk EMG is comprised of numerous subject matter experts, all of whom are passionate about providing the best support possible to our clients. Using the proven Special Operations model as our guide, we believe that it is not the quantity but the quality of individuals within an organization that truly ensures success. Our Commitment. Blackhawk EMG supports the "whole community" approach. Recognizing that preparedness is a shared responsibility, Presidential Policy Directive 8 / PPD-8: National Preparedness was signed by the President on March 30, 2011. PPD-8 requires the involvement of everyone, not just the government, in a systematic effort to keep the nation safe from harm and resilient when struck by hazards, such as natural disasters, acts of terrorism and pandemics. March 30, 2021 Irondequoit Police Department 2021 Risk Assessment Advisory Services Proposal c) Blackhawk EMG Experience. Markets We Serve: • Local, State, Federal Governments • Not-for-Profit/NGOs • Houses of Worship • Private Sector Corporations and Small Businesses to include Amtrak • Large Pharmaceutical and Insurance Companies • School Districts (K-12) and Institutions of Higher Education Institutions (IHE) • Public Health, Hospitals, Medical Clinics and Federally Qualified Health Centers (FQHC) • Others, as required d) Relevant References • Mr. Neil Flood Supervisor of Safety, Security and Emergency Planning Webster Central School District 119 South Avenue, Webster, NY 14580 (585) 265-6585 Note: Former Major, MCSO • Mr. Jay Maitland Chief of Campus Safety & Emergency Management Finger Lakes Community College (FLCC) 3325 Marvin Sands Drive Canandaigua, NY 14424 (585) 729-8818 Note: Former Lieutenant, RDP • Mr. William E. Belecz Trillium Health Senior Vice President Chief Operating Officer Chief Information Officer 259 Monroe Avenue Rochester, NY 14607 (585) 210-4158 March 3Q 2021 Irondequoit Police Department 2021 Risk Assessment Advisory Services Proposal 3. Project Pricing and Fees a) Cost of Services, including all fees and expenses. The following table details the pricing for delivery of the services outlined in this proposal. This pricing is valid for 60 days from the date of this proposal, Protect Services/Deliverables Risk Assessment Advisement For each district and private school: Price $5,400.00 • Note: Physical Security Assessment (PSA) requires further discussion regarding details and client decisions before PSA cost estimate can be included. • Conduct risk assessment advisement, as applicable. ▪ Develop Hazard Vulnerability Assessment (HVA) • Provide review of each threat/hazard as it relates to prevention, mitigation, preparedness, response and recovery. Emergency Operations Plans (EOPs) i$9,000.00 For each district and private school: • Provide Emergency Operations Planning (EOP) advisement and support in accordance with New York State Education Law • Collect existing information to support the development of a comprehensive Emergency Management Plan (EOP)utilizing existing NYS sanctioned templates and modify as necessary per FEMA's Comprehensive Planning Guide (CPG)-101 Crisis Management Team (CMT) For each district and private school: Provide consultation and advisement on the structure and development of Crisis Management Teams (CMT) for each school district and Bishop Kearney focusing upon design, members, roles and responsibilities, reference materials and the use of existing client technology, before, during and after an incident. Tabletop Exercises (TTX) IFor each district and private school: $12,000.00 $13,500.00 March 30, 2021 Irondequoit Police Department 2021 Risk Assessment Advisory Services Proposal • Blackhawk EMG will provide 30 hours of support for each school district and Bishop Kearney with direct planning and operational oversight of the Exercise Planning Team (EPT) by a FEMA trained Master Exercise Practitioner (MEP). • The TTX EPT will be comprised of Blackhawk personnel and key members of the participating district or Bishop Kearney. The EPT may determine that other organizations such as local law enforcement should be involved. • The MEP and supporting team members will lead the EPT through the concept and objectives (C&O) meeting, Initial Planning Meeting (IPM), Mid Planning Meeting (MPM) and Final Planning Meeting (FPM) during the development and execution of the TTX in support of the CMTs chosen threat/hazard scenario. • Conduct debrief and develop an After -Action Report (AAR) upon the conclusion of each TTX. Drills (Focus areas to be determined (TBD) $6,750.00 For each district and private school: • Blackhawk EMG will provide 15 hours of support for each school district and Bishop Kearney with direct planning and operational oversight of the Exercise Planning Team (EPT) by a FEMA trained Master Exercise Practitioner (MEP). • Provide drills which will focus upon a high priority area identified as a result of the Hazard Vulnerability Assessment (HVA). The Exercise Planning Team will determine the specific nature of the drills. • The Drill (s) EPT will be comprised of Blackhawk personnel and key members of the participating district or Bishop Kearney. The EPT may determine that other organizations such as local law enforcement should be involved. • Conduct debrief and develop an After -Action Report (AAR) upon the conclusion of each drill. Functional Exercise (FE) $20,400.00 For each district and private school: • Blackhawk EMG will provide 40 hours of support for each school district and Bishop Kearney with direct planning and operational oversight of the Exercise Planning Team (EPT) by a FEMA trained Master Exercise Practitioner (MEP). • The TTX EPT will be comprised of Blackhawk personnel and key members of the participating district or Bishop Kearney. The EPT March 30, 2021 Irondequoit Police Department 2021 Risk Assessment Advisory Services Proposal may determine that other organizations such as local law enforcement should be involved. • The MEP and supporting team members will lead the EPT through the concept and objectives (C8(0) meeting, Initial Planning Meeting (IPM), Mid Planning Meeting (MPM) and Final Planning Meeting (FPM) during the development and execution of the TTX in support of the CMTs chosen threat/hazard scenario. • Due to the nature of a Functional Exercise (FE), an additional Master Scenario Events List (MSEL) meeting will be required by the designated EPT, in addition to the identification of personnel from each district and private school to perform duties as members of the Simulation Cell (SimCell) with a member of Blackhawk EMG assigned as the SimCell Controller. • Conduct debrief and develop an After -Action Report (AAR) upon the conclusion of each FE. Project Coordinator EM Consultation • Blackhawk EMG will provide 36 hours of advisement and mentorship for project coordination. • This advisement will focus upon building skills on addressing a crisis within educational settings and shall include: • Lockdowns/lockouts • Natural disasters (earthquake, tornado, hurricane, floods and others) • Severe weather • Fires, chemicals and hazardous material spills • Bus crashes • School shootings • Bomb threats • Medical emergencies • Student or Staff deaths (suicide, homicide, accidental or natural) • Acts of terror or war • Outbreaks of infectious diseases or infections $5, 400.00 Project Total:$72,450.00 Note: Blackhawk EMG is not responsible for printing or refreshment costs Project Pricing and Fees (Continued) b) Describe the basis for the cost proposal: The basis for the cost proposal is consistent with pricing and fees associated with the use of senior subject matter experts (SMEs) to provide the services required to March 30, 2021 Irondequoit Police Department 2021 Risk Assessment Advisory Services Proposal develop a fully formed emergency management program based upon regulatory requirements, best practices and lessons learned. The Blackhawk EMG Team formed to support this project consists of a cross-section of highly trained and experienced experts who, as a cohesive unit, will provide outstanding support throughout the project period. c) Proposed billing and payment structure: It is recommended that due to the number of variables associated with this project (2 -school districts and 1 -private school, 3 -year project duration, multiple deliverables, etc.) the proposed billing and payment structure decision be delayed until project award so that additional questions may be asked to ensure the billing and payment structure are practicable and suitable to all parties involved. 4. Miscellaneous To the best of my knowledge, no conflicts of interest exist. This includes any conflicts which may arise during the three (3) year project period. I hereby submit my assurance that there are no unresolved conflicts of interest between Blackhawk EMG and the Town of Irondequoit and/or the Irondequoit Police Department (IPD). IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. Irondequoit Police Department Blackhawk EMG By: By: Name: Name: Christopher D. Durkin Title: Title: President/CEO Date: Date: 30 March 2021 Thank you for allowing the Blackhawk Emergency Management Group to meet your safety, security and emergency management needs. March 30, 2021 Irondequoit Police Department 2021 Risk Assessment Advisory Services Proposal End of Document March 30, 2021 9973668_1 TOWN OF IRONDEQUOIT PROFESSIONAL SERVICES AGREEMENT FOR RISK ASSESSMENT ADVISORY SERVICES THIS AGREEMENT (“Agreement”) is by and between the TOWN OF IRONDEQUOIT, having its principal office and place of business at Town Hall, 1280 Titus Avenue, Rochester, New York 14617 (the “Town”) and BLACKHAWK EMERGENCY MANAGEMENT GROUP LLC having its principal place of business at 3313 Chili Avenue, Suite B, Rochester, NY 14624 (“Blackhawk”). WHEREAS, the Town issued a Request for Proposals (“RFP”) on March 12, 2021 for a firm to provide Risk Assessment Advisory services in connection with the Irondequoit Police Department’s School Violence Prevention Program (the “Program”); and WHEREAS, on March 30, 2021, Blackhawk responded to the RFP (the “Response to RFP”), offering to perform the services requested in the RFP as more fully described in the Response to RFP. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties do hereby agree as follows: 1. Engagement. The Town hereby engages Blackhawk to provide Risk Assessment Advisory Services (“Services”) subject to the terms and conditions of this Agreement. The Services to be provided by Blackhawk are set forth in the Response to RFP, annexed as Addendum C, which is attached hereto and made a part hereof. In the performance of the work, duties and obligations undertaken by Blackhawk under this Agreement, it is mutually understood and agreed that Blackhawk is at all times acting and performing as an independent contractor as discussed more fully in Section 7, below. Except for the establishment of standards and parameters for the provision of services hereunder, the Town shall neither have nor exercise control over the methods by which Blackhawk shall perform services under this Agreement. Blackhawk agrees to provide Services which are set forth in the Response to RFP, annexed as Addendum C and incorporated herein. Blackhawk will retain the right to determine the day-to- day methods by which the Services will be performed. However, this shall in no way interfere with the right of the Town to determine whether Blackhawk is adequately, safely, and in good faith, discharging its duties under this Agreement. 2. Term and Termination. This Agreement shall be in full force and effect from the date of execution through May 18, 2023. The Town reserves the right to cancel this Agreement within thirty (30) days’ notice for failure to perform, based upon existing professional standards and best practices, on the part of Blackhawk. In addition, the performance of work under this Agreement may be terminated by the Town in accordance with this clause in whole, or from time to time in part, after seven (7) days written notice in the event that Blackhawk shall materially default in the performance of this Agreement in accordance with its terms. Upon termination based upon Blackhawk’s material default, the Town may take over the work to be performed and complete same by contract or otherwise, and Blackhawk shall be liable to the Town for any excess cost incurred as a result. The total fee payable to Blackhawk under this Agreement upon such termination shall be such proportionate part of the total fee as the value of the work satisfactorily and reasonably completed as determined by existing professional standards and best practices and delivered to the Town bears to the value of the work completed 9973668_1 2 by this Agreement. 3. Payment. a. Blackhawk will invoice the Town for services performed with respect to the Program no later than 30 days after each item of work toward a Service is provided. The Town will pay each invoice within 45 days of receipt. Total payments from the Town to Blackhawk pursuant to this Agreement shall not exceed $72,450. Blackhawk anticipates providing Services to each district and private school, at the district or similar level, for each phase of the Project in the amounts set forth in Section II (3) of the Response to RFP, with Risk Assessment Advisement of $5,400; Emergency Operations Plans of $9,000; Crisis Management Team of $12,000; Tabletop Exercises of $13,500; Drills of $6,750; Functional Exercise of $20,400; and Project Coordinator EM Consultation of $5,400. b. The Town shall have no obligation to pay for work for Services which are not invoiced by Blackhawk to the Town within 30 days of when the work toward each Service is performed. c. As an independent contractor, Blackhawk agrees and understands that it is not entitled to any other benefits and privileges established for Town employees agents or subcontractors, such as life, accident or health insurance, vacation and sick leave with pay, paid holidays, or severance pay upon termination of this Agreement for any reason. In accordance with Blackhawk’s independent contractor status, payments to Blackhawk shall not constitute wages/salary and therefore, no amounts shall be deducted for federal and State employment, Social Security or other taxes or employee benefit claims. Blackhawk shall be individually responsible for filing and paying self-employment and withholding taxes, if applicable. c. Invoices for the Services will be mailed (or e-mailed) to the following address: Town of Irondequoit Police Department Attn: Chief Laird Department of Public Works 1300 Titus Avenue Rochester, NY 14617 Email: alaird@irondequoit.org 4. Blackhawk’s Duties and Obligations. Blackhawk shall: a. Devote its attention and best efforts to provide the Services described in Section 1 and Addendum C of this Agreement in accordance with the provisions of this 9973668_1 3 Agreement; b. Provide all personnel necessary to perform the Services set forth in this Agreement. Any failure or inability of any person, due to illness or otherwise, shall be the responsibility of Blackhawk and Blackhawk shall, at its expense, take such measures as are necessary to ensure that the Services are provided. If necessary, due to an unforeseen event which adversely impacts training, Blackhawk will coordinate with the Project Coordinator to reschedule to a date and time convenient to the client. Employees of Blackhawk shall comply with all provisions of this Agreement imposed on Blackhawk; c. At all times be solely responsible for all means, methods, techniques, sequences and procedures of the Services, and the acts and omissions of all employees, subcontractors, agents and all other persons performing any of the Services; d. Provide for, secure, and/or be solely responsible for any and all required fees, permits, Workers’ Compensation coverage, Unemployment Insurance, Disability Insurance, Social Security contributions, income tax withholding and any other insurance or taxes, including but not limited to federal and state taxes, for any employee or agent of Blackhawk performing the Services pursuant to this Agreement. Any and all insurance coverage secured by Blackhawk must comply with the requirements set forth in Addendum B to this Agreement; e. Comply with all applicable equal employment opportunity and non-discrimination requirements, including those set forth in Section 13 of this Agreement; 5. Irondequoit’s Duties and Obligations. Irondequoit shall: a. Provide a Project Coordinator to directly interact with the Blackhawk Project Leader, points of contact representing each school, IPD and others, as required, to schedule and coordinate venues, printing, computer with projector, refreshments (if applicable), and other equipment normally provided to Blackhawk by the client. b. In accordance with the Response to RFP, Blackhawk is not responsible for printing or refreshment costs. c. As referenced within the Response to RFP and in support of the Tabletop and Functional Exercise services provided to each school district and Bishop Kearney, the schools will provide key personnel to participate as a member of the Exercise Planning Team (EPT). Personnel provided will be dependent upon the nature of the scenario chosen by each of the 3 schools. The EPT may determine that other organizations such as local law enforcement should also be involved. 9973668_1 4 6. Reports and Records. Blackhawk agrees that the Town shall, until the expiration of three (3) years after final payment, have access to and the right to examine pertinent books, documents, papers and records of Blackhawk and of any of the employees or subcontractors engaged in the performance of Services pursuant to the Agreement. This right shall also extend to auditors of the New York State or federal governments conducting audits of Town business. 7. Insurance and Indemnification. Blackhawk shall execute and comply with the Indemnification Agreement set forth in Addendum A to this Agreement. The Indemnification Agreement shall survive the expiration and/or termination of this Agreement. 8. Independent Contractor. In the performance of the work, duties and obligations undertaken by Blackhawk under this Agreement, it is mutually understood and agreed that Blackhawk is at all times acting and performing as an independent contractor. Except for the establishment of standards and parameters for the provision of Services hereunder, the Town shall neither have nor exercise control over the methods by which Blackhawk shall perform Services under this Agreement. Blackhawk agrees to provide Services within the parameters established by the Town, but Blackhawk will retain the right to determine the day-to-day methods by which the Services will be performed. However, this shall in no way interfere with the right of Town to determine, pursuant to this Agreement, whether Blackhawk is discharging its duties under this Agreement. 9. Workers’ Compensation. This agreement shall be void and of no effect unless Blackhawk shall secure compensation for, and keep insured during the life of this Agreement, any and all of Blackhawk’s employees as are required to be insured under the Workers’ Compensation Law of the State of New York. 10. Representations and Warranties of Blackhawk. Blackhawk represents and warrants as follows: a. Blackhawk has the requisite authority to execute and deliver this Agreement and perform its obligations hereunder. b. The performance of Blackhawk’s obligations hereunder does not and will not violate or conflict with any obligation Blackhawk may have to any third party. c. Blackhawk and its employees subcontractors and/or agents are sufficiently experienced, properly qualified, equipped, organized and financed to perform the Services in compliance with the terms of this Agreement. d. Blackhawk shall perform the Services in a professional manner, consistent with the standard of skill and care exercised by competent and proficient subject matter experts (SME) on projects of comparable scope and complexity, in a similar location and in conformance with the requirements of this Agreement. e. Blackhawk shall comply with all federal, state, and local laws and regulations applicable to the performance of its obligations under this Agreement. 11. Severability. The provisions of this Agreement shall be severable and should any court determine that any part of this Agreement is invalid or unenforceable, such part or portion shall 9973668_1 5 be deemed severed and shall not affect the enforceability of the other provisions hereof. 12. Notices. Each notice, report, demand, waiver, consent and other communication required or permitted to be given hereunder shall be in writing and shall be sent by registered or certified first-class mail, postage prepaid and return receipt requested, or via a nationally recognized courier service, addressed to the authorized agent as follows: If to Blackhawk, to: Christopher D. Durkin, MPA, CEM, MEP President/CEO Blackhawk Emergency Management Group 3313 Chili Avenue, Suite B Rochester, NY 14624 If to the Town, to: Irondequoit Police Department 1300 Titus Avenue Rochester, New York 14617 Attn: Chief of Police Email: alaird@irondequoit.org Either party may specify in writing, in the manner prescribed above, another address to which subsequent notice to such party shall be given, and the Town Supervisor may designate another officer or agent of the Town of Irondequoit for purposes of notice. Any notice or communication given hereunder shall be deemed to have been given as of the date immediately following the date so mailed; provided, however, that if such following date shall be Saturday, Sunday, or a legal holiday, then the date of the notice shall be the next regular business day. The parties reserve the right to designate other or additional agents upon written notice to the other party which shall be signed by the authorized agent of the requesting party. 12. Equal Opportunity. a. General Policy: The Town reaffirms its policy of Equal Opportunity and its commitment to require all contractors, consultants, lessors, vendors and suppliers doing business with the Town to follow a policy of Equal Opportunity, in accordance with the requirements set forth herein. The Town further does not discriminate on the basis of handicap status in admission or access to, or treatment or employment in its programs and activities. The Town is including these policy statements in all bid documents, contracts and leases. Blackhawks, lessors, vendors and suppliers shall comply with all State and Federal Equal Opportunity laws and regulations and shall submit documentation regarding Equal Opportunity upon the Town’s request. b. Compliance: Blackhawk shall comply with all of the following provisions of this Equal Opportunity Requirement: 9973668_1 6 1. Blackhawk shall not discriminate on the basis of age, race, creed, color, national origin, sex, sexual orientation, disability, marital status, or handicap status in the performance of services or programs pursuant to this Agreement. 2. Blackhawk agrees to make a good faith effort to employ minority group persons and females and that in hiring employees and performing work under this Agreement or any subcontract hereunder, Blackhawk, and its subcontractors, if any, shall not, by reason of age, creed, race, color, national origin, sex, sexual orientation, disability, marital status, or handicap, discriminate against any person who is qualified and available to perform the work to which the employment relates. 3. Blackhawk agrees to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions or transfers, recruitment and recruitment advertising, layoffs, terminations, rates of pay and other forms of compensation, and selection for training, including apprenticeship. 4. Blackhawk agrees to post notices in conspicuous places available to employees and applicants for employment, and to include language in all solicitations or advertisements for employment placed by or on behalf of the Consultant, reflecting this nondiscrimination policy. 5. If Blackhawk is found to have engaged in discrimination in employment on the grounds of age, race, creed, color, national origin, sex, sexual orientation, disability. marital status, or handicap status, by any court or administrative agency that has jurisdiction pursuant to any State or Federal Equal Opportunity Laws and regulations, such determination will be deemed to be a breach of contract and this Agreement will be terminated in whole or part without any penalty or damages to the Town on account of such cancellation or termination, and Blackhawk shall be disqualified from thereafter selling to, submitting bids to, or receiving awards of contract with the Town for goods, works, or services until such time as Blackhawk can demonstrate its compliance with this policy and all applicable Federal and State Equal Opportunity laws and regulations. 6. Blackhawk shall cause the foregoing provisions to be inserted in all subcontracts, if any, for any work covered by this Agreement so that such provisions will be binding upon each subcontractor. 13. Compliance with all Laws. Blackhawk agrees that during the performance of the work required pursuant to this Agreement, Blackhawk, and all employees or subcontractors working under Blackhawk’s direction shall strictly comply with all local, state or federal laws, ordinances, rules or regulations controlling or limiting in any way the performance of work required by this Agreement, including any such laws, ordinances, rules or regulations relating to the protection and 9973668_1 7 equitable treatment of children and and/or people with disabilities. 14. Miscellaneous. a. Non-Exclusive Agreement. Nothing contained in this Agreement shall limit Blackhawk’s ability to enter into any agreement to provide similar service to any outside party; nor shall anything in this Agreement limit the Town’s right to offer similar services itself, or through one or more additional vendors. b. Effect of Agreement. This Agreement, inclusive of the Addenda and attachments, which are incorporated herein and deemed to be a part of this Agreement, sets forth the entire understanding of the parties, and supersedes any and all prior agreements, arrangements and understandings, written or oral, relating to the subject matter thereof. The documents between the Town and Blackhawk attached to this Agreement are ranked by order of preference for all contract interpretation purposes as follows: (i) This Agreement including Addenda “A” through “C” attached hereto. (ii) Town of Irondequoit Town Board Resolution #2021____, adopted ____________ authorizing this Agreement. (iii) Any modification duly agreed to by the parties after execution of this Agreement. (iv) The RFP. (v) The Response to RFP c. Amendment and Waiver. This Agreement may be amended only by a writing executed by each of the parties hereto. No waiver of compliance with any provision or condition hereof, and no consent provided for herein, shall be effective unless evidenced by an instrument in writing duly executed by the party sought to be charged therewith. No failure on the part of any party to exercise, and no delay in exercising, any of its rights hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right preclude any other or future exercise thereof or the exercise of any other right. d. Survival of Representations. All the rights and duties of the parties created by this Agreement shall survive with respect to services performed prior to the termination of this Agreement. e. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed entirely within such State without reference to any conflicts of law principles thereof. f. Disputes. All disputes arising in connection with this Agreement shall be adjudicated or settled by a court of competent jurisdiction. Any legal action may only be brought in a court located in Monroe County, New York. g. Remedies Cumulative. The remedies granted in this Agreement are cumulative 9973668_1 8 and in addition to any other remedies to which the parties may be entitled arising from any violation, default or breach of this Agreement. h. Non-Assignment. Blackhawk is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement or any of its contents, or of any right, title or interest therein or of the power to execute this Agreement, to any other individual or entity without the Town’s written consent. i. Binding Effect. Subject to the provisions of Section 14(h) above, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement creates no rights of any nature in any person not a party hereto. j. Savings Clause. If any provision of this Agreement is found, by a court or administrative body of competent jurisdiction, to violate any applicable federal, state or local law or regulation, then such provision of this Agreement shall be null and void. All other provisions of this Agreement unaffected by such finding shall remain in full force and effect. k. Headings; Counterparts. The headings used in this Agreement are for convenience of reference only and do not form a part hereof and shall not be used in any way to modify, interpret or construe the intent of the parties. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute the same instrument. l. Contract Deemed Executory. Blackhawk specifically agrees that this Agreement shall be deemed executory only to the extent of the monies available for purpose of the within Agreement as authorized by the Irondequoit Town Board, and that no liability shall be incurred by the Town beyond the monies available for said purpose. [Signature Page to Follow] 9973668_1 9 IN WITNESS WHEREOF, the parties have duly executed this Agreement on the date first written above. Blackhawk Emergency Management Group LLC By: Title: Member Sworn to before me this ___ day of ____________, 2021 Notary Public Town of Irondequoit By: David Seeley Town Supervisor Sworn to before me this ___ day of ____________, 2021 Notary Public 9973668_1 10 ADDENDUM “A” INDEMNIFICATION AGREEMENT THIS AGREEMENT (“Agreement”) is by and between TOWN OF IRONDEQUOIT, having its principal office and place of business at Town Hall, 1280 Titus Avenue, Rochester, New York 14617 (hereinafter referred to as the “Town”) and BLACKHAWK EMERGENCY MANAGEMENT GROUP LLC having its principal place of business at 3313 Chili Avenue, Suite B, Rochester, NY 14624 (“Blackhawk”). WITNESSETH WHEREAS, pursuant to the Town of Irondequoit Professional Services Agreement For Risk Assessment Advisory Services, dated ________________ by and between the Town and Blackhawk (the “Contract”), the terms of which are incorporated into and deemed to be a part of this Agreement, Blackhawk has offered to provide services to the Town according to a schedule agreed upon by the Town and Blackhawk. NOW, THEREFORE, in consideration to each other, the parties hereto agree as follows: 1. Blackhawk agrees to fully indemnify, save and hold harmless the Town and all of its officers, agents and employees from and against any and all liability of any type whatsoever, including but not limited to any and all damages, expenses, causes of actions, lawsuits, claims, penalties, fines, assessments or judgment relating to, or arising out of or occurring in connection with the performance of the Contract, whether based on claims of negligent, intentional or reckless acts or omissions of Blackhawk, or its officers, employees or agents, including but not limited to claims brought against the Town, or its officers, employees and agents by third parties, or employees of the contractor. 2. Blackhawk shall, at its own cost and expense, defend any and all actions or suits which may be brought against the Town or any of its officers, against, or employees, or in which the Town or said officers, agents, or employees may be impleaded with others upon any such above-mentioned claim. 3. In the event of Blackhawk’s failure to do so, the Town (at its option without being obliged to do so) may at Blackhawk’s cost and expense and upon prior written notice to Blackhawk defend any and all such suits or actions. Blackhawk shall satisfy, pay and discharge any and all judgments that may be recovered against the Town or any of its officers, agents or employees in any such suits or actions which may be brought against the Town or any of its officers, agents or employees or in which the Town or any of its officers, agents or employees may be impleaded with others. Blackhawk shall pay the reasonable cost of any such defense including but not limited to the Town’s attorney’s fees. 4. Blackhawk’s obligations hereunder shall not be deemed, waived, limited or discharged by the enumeration or procurement of any insurance for liability or damages hereunder. 5. It is agreed that this indemnification agreement pertains only to those claims arising from the any negligent or intentional actions or omissions of Blackhawk, or Blackhawk’s employees or agents alleged to arise on Town property or prior, during or after the performance of 9973668_1 11 services under this Contract. This Agreement shall survive the expiration and/or termination of the Contract. 6. Blackhawk agrees, as a condition precedent to the contract becoming binding, and prior to the performance of any work or service pursuant to the contract, to obtain liability insurance fully indemnifying the Town of Irondequoit from any and all damages, expenses, causes or action, lawsuits, claims, penalties, fines, assessments or judgments relating to or arising out of or occurring in connection with the performance of the contract. Said policy shall be obtained from a carrier acceptable to the Town insurance agent and shall be in such amount(s) and include such terms and conditions as shall be determined by said Town insurance agent and Town Attorney and shall name the Town of Irondequoit and its officers, employees and agents as additional named insureds on the face of the policy. Failure to maintain any such liability insurance policy in full force and effect during the life of the Contract shall be deemed to constitute a material breach of the Contract and this Agreement. 7. Blackhawk shall submit a copy of this policy to the Irondequoit Police Department and the Town of Irondequoit. Approval will be granted at the review by the Town Attorney and the Town Insurance Agent. IN WITNESS WHEREOF, the parties hereto have freely affixed their signatures to this Agreement, with ample time for consultation of counsel, and freely agree to be bound by the terms of this Agreement. Blackhawk Emergency Management Group LLC By: Title: Sworn to before me this ___ day of ____________, 2021 Notary Public Town of Irondequoit By: David Seeley Sworn to before me this ___ day of ____________, 2021 Notary Public 9973668_1 12 ADDENDUM “B” CERTIFICATE OF INSURANCE & INDEMNIFICATION AGREEMENT REQUIREMENTS 1. Insurance company(ies) providing coverage(s) must carry a minimum “A++VI, A+VII, A VIII or A-IX” rating in the current version of A.M. Best’s Insurance Guide and Be licensed to do business New York. 2. A minimum 30 days’ advance notice of cancellation or non-renewal must be given to: Irondequoit Police Department, 1300 Titus Avenue, Rochester, NY 14617. The policy or policies noted below shall be primary to any policies of insurance available to the Town of Irondequoit. The Town and/or its representative retain the right to make inquiries to the contractor, or to its insurance agents or broker and to the insurer(s) directly. 3. A certificate of insurance must be in the Town’s possession a minimum of thirty (30) days prior to Blackhawk’s first performance of services. Blackhawk shall deposit with The Town satisfactory evidence of insurance (including renewals) showing minimum coverage as required above with proof of premiums paid up-to-date, and shall be accompanied by proof that the Town and its officers, employees and agents are named on the policy(ies) as additional named insureds. Annual certificates evidencing insurance coverages shall be provided to Town no later than thirty (30) days prior to each contract year. It is Blackhawk’s responsibility to initiate this submission, and the lack of any specific request from the Town shall not eliminate the mandate. Failure to provide binders in a timely manner shall be considered a contract default consistent with the provisions of these specifications. 4. Commercial General Liability: a. A minimum one million dollars ($1,000,000) per occurrence / two million dollars ($2,000,000) aggregate, which shall include coverage for bodily injury, personal injury, and property damage. Coverage shall be at least equal to Insurance Service Office, Inc. (ISO) form CG 0001. b. Contractual Liability coverage shall include coverage for the required Indemnification Agreement. c. Town of Irondequoit and its officers, employees and agents must be named on the policy as an additional insured, on a primary and noncontributory basis. A waiver of subrogation in favor of the Town must apply. 5. Automobile Liability: a. If applicable, a minimum one million dollars ($1,000,000) combined single limit (bodily injury and property damage) for all owned, hired or borrowed and non-owned motor vehicles, and including additional personal injury protection coverage of $150,000 per person as well as supplementary uninsured motorist coverage in the maximum amount allowed by law. Coverage shall be at least equal to ISO form CA 00 01 with no manuscript 9973668_1 13 endorsements reducing or limiting coverage unless approved beforehand by the Town. b. The Town and its officers, employees, and agents shall be named as additional named insureds on the policy, on a primary and noncontributory basis. A waiver of subrogation in favor of the Town must apply. 6. Workers’ Compensation: Workers Compensation, Employers’ Liability & Unemployment Insurance – Statutory Workers’ Compensation and Employers’' Liability Insurance for all employees. Proof of Workers Compensation Insurance must be on a form approved by the New York State Workers’ Compensation Board. Unemployment insurance covering the contractor’s employees must be consistent with the requirements of New York State law. 7. Disability Benefits Law Coverage: Statutory benefits 8. Minimum Limits: The limits as outlined herein are strictly minimum amounts. The Town encourages the use of higher limits, including excess or umbrella policies, and assumes no liability in the event that claims are presented against the contractor for amounts in excess of these minimum limits. 9. No cancellation of insurance, etc. All insurance certificates shall state that the policy will not be canceled, nor coverage thereunder be reduced or limited, without thirty (30) days prior written notice to Town. It shall further state that a similar thirty (30) days prior written notice will be given to Town prior to the expiration of the policy if renewal coverage is to be refused or such coverage is to be reduced on renewal. Such certificates shall show the name and address of the insured, the policy number, the type of coverage, the inception and expiration dates; shall expressly confirm that Town and its officers, employees and agents are additional named insureds on the policies; and shall clearly state what, if any, coverages are excluded by special or manuscript endorsement or otherwise excepting such as appear in the standard ISO policies as they relate to this agreement. The Town of Irondequoit shall reserve the right to make direct inquiry to the insurance carrier for an explanation of coverages and the contractor shall agree to assist in obtaining any such desired information. The contractor shall acknowledge that failure to provide the mandated insurance on behalf of the Town constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the Town. AGREED: ______________________________ BLACKHAWK EMERGENCY MANAGEMENT GROUP LLC 9973668_1 14 ADDENDUM “C” 9936885_1 At Risk STATEMENT OF WORK This Statement of Work ("SOW") is entered into and made effective as of May 2021_ (the "Effective Date"), by and between The Town of Irondequoit , a municipal corporation with offices located at 1280 Titus Avenue, Rochester, NY (Client) and AT-RISK International, Inc., a Wyoming Corporation, whose address is 14100 Parke Long Ct, Suite P, Chantilly, VA 20151 ("Consultant"). This SOW is governed by the terms and conditions of the Services Agreement between Client and Consultant with an Effective Date of May 2021. 1. Term: May 2021, thru May 18, 2023, or life of grant. 2. Summary Description of Services: AT-RISK INTERNATIONAL SAFE AND SUPPORTIVE SCHOOLS PROGRAM (Program): K-12 and Law Enforcement Behavioral Threat Assessment and Management (BTAM) Team Model 3. Detailed Description of Services: The Consultant will customize the Program to New York State law and regulations guiding safety and support for the (East lrondequoit Central School District ("EICSD"), the West lrondequoit Central School District ("WICSD"), the Bishop Kearney private school, and the Irondequoit Police Department. The Program contains beginner to advanced BTAM training, resource mapping, and threat assessment gap analysis of the Client's and Districts' existing violence prevention programs and District-wide Safety and Building-Level Emergency Response plans, individualized threat management protocol development and a Threat Response Guide, and documentation for use as a resource. The Program provides ongoing technical assistance to facilitate the BTAM implementation process during the term of the agreement. ARI will coordinate with the identified Client coordinators. The Program provides a federal and state-specific statutory analysis of requirements guiding threat assessment, school safety plans, audits, drills, school resource officers, violence prevention, discrimination, and anti-bullying laws. The gap, resource, and statutory analysis inform customized BTAM policies and protocols for the Client. 4. Specifications: Not Applicable 5. Project Schedule: See Activity, Cost and Timing chart 6. Deliverables: AT-RISK INTERNATIONAL SAFE AND SUPPORTIVE SCHOOLS PROGRAM (Program): K-12 and Law Enforcement Behavioral Threat Assessment and Management (BTAM) Team Model 6.1 Gap Analysis and Resource Mapping consist of interviews with identified stakeholders and a review of the safety and support policies, protocols, and documentation (District-wide Safety and Building-level Emergency Response Plans). This service can be conducted remotely via the use of video conferencing technology. The Consultant will produce a written executive summary of the findings for the Client. 1 9936885_1 6.2 BTAM Training BTAM 100 and BTAM LE100 6.3 Awareness Training consists of the production and delivery of the Violence Prevention: K-12 Fundamentals of BTAM training. This training is asynchronous and self-paced to achieve organization- wide buy-in informing staff on the following: 6.4 BTAM Team Model Design and Training consist of the production and delivery of the customized Violence Prevention: K-12 BTAM Team training to a select group of stakeholders identified by the Client that will comprise the Building-level and District-wide BTAM teams and the Police response team. The Consultant will produce a Client Threat Response Guide for use as a resource. This training includes BTAM best practice recommendations, current research and scholarship, Consultant's expertise, case studies, and one tabletop exercise. 7 Activity Cost and the Timing chart Activity Per School Days Unit Cost Total Timing BTAM 100 Understanding Threat Assessment and Management in Schools: (virtual training academy) 3 - Self-paced Asynchronous trainings 300 900 First Year BTAM LE 100 Understanding Threat Assessment and Management for police 3 Self-paced Asynchronous trainings (virtual training academy) 300 900 First Year Behavioral Intervention & Threat Management Program Review & Development- Peer- reviewed 3 650 1,950 First Year Development of an Investigative Threat Response Guide and memorandum of understanding for use by schools and police departments 4 650 2,600 First Year BTAM LE 200 Threat Assessment & Risk Mitigation Policies and Responses for police agencies multiple-day training dependent on the number of officers trained. Live-In service 5 650 3,250 IPD first year BTAM LE 200 Advanced School Behavioral Intervention & Threat Assessment (BIT) Team Training:. Two trainers CTM Mark Concordia and Forensic Psychiatrist Dr. Robert Weisman 4 3900 15,600 Second year separate one for each district and IPD TTX Tabletop Threat Assessments 3 integrate police 2nd 650 1,950 year BTAM 300 Advanced Behavioral Intervention and Threat Management training for Established Teams (ABITT): Shared Training 2 1300 2,600 2nd year BTAM 300 Advanced Behavioral Intervention and Threat Management training for Established Teams): Shared Training 2 1300 2,600 3rd year ATTX Advanced Tabletop Threat Assessments 3 650 1,950 3rd year Total 34.300 8. Location of Performance: Virtual and Client locations in the Town of Irondequoit 9. Project Managers: Client Name: Alan Laird Chief of Police Irondequoit Police Department 1300 Titus Ave Rochester NY 14617 Phone: (585) 336-6000 ext. 2211 E-Mail: alaird@irondequoit.org 9936885_1 AT-RISK International, Inc. ("Client Name") By: _____________________________________________________________________ By: Name: Mark Concordia Title: Training Manager Name: Title: Consultant Name: Mark Concordia Telephone No: 585-236-6731 Email: mconcordia@at -riskinternational.com Sub-Contractor Dr. Robert Weisman 10. Reporting: The Consultant will provide the necessary documents/data to assist with the Client's grant reporting requirements. 0. Fees and Payment Schedule: 11.1 Payment for services provided to the Client by ARI due and payable in full by the Client 60 days from the date of each ARI invoice. Acceptable forms of compensation are checks, wire transfers, ACH, or credit card.. In no event shall the Client directly compensate any Personnel for the Services under this Agreement. The maximum amount to be expended by Client pursuant to this SOW shall not exceed $34,300. 11.2 In consideration of Services to be furnished by the Consultant, the Client will pay to Consultant the fee of up to Thirty-four Thousand Three Hundred Dollars ($34,300) for the services outlined above subject to receipt of undisputed invoices. Invoices must be received within 30 days from the date of the work performed for which compensation is sought. Untimely and Incomplete invoices will not be paid until all requested information has been received by the Client and in no event if received after 30 days..days. Pricing provided by ARI in any SOW becomes valid when the SOW has been accepted and signed by both Parties. 11.3 Consultant shall obtain approval from Client before incurring travel expenses that Consultant requests be reimbursed. If approved, Client shall reimburse Consultant for such travel expenses if Consultant provides Cli ent with an itemized description of expenses claimed and receipts for such expenses. 11.4 Invoices. Each invoice for Services or approved reimbursable expenses shall be supported by (a) an itemized description of the Services or expense(s) claimed and (b) attached receipts when such receipts are reasonably available. Invoices shall reference the applicable SOW. Invoices must be delivered to client within 30 days of the work performed. Unless otherwise set forth in the applicable SOW, the associated payment shall be made within sixty (60) days after the Client's receipt of an undisputed invoice accompanied by all required documentation. Invoices and support documentation shall be remitted to the address set forth in the applicable SOW. 11.5 Records. ARI shall keep accurate records of the time spent, work performed, and all charges and expenses associated with the Services and shall provide copies of such records to the Client for a period of t hree (3) years after final payment under the applicable SOW. IN WITNESS WHEREOF, the parties have executed this SOW as of the date first above written. 3 At Risk HSE edits 5.3.21 at 6:00 p.m. SERVICE AGREEMENT This Service Agreement ("Agreement") is entered into and made effective as of May __ 2021("Effective Date") by and between AT-RISK International LLC, a Virginia Limited Liability Company, with offices at 14100 Parke Long Court, Suite P, Chantilly, VA 20151 ("ARI") and the Town of Irondequoit (Client), a municipal corporation with offices located at 1280 Titus Ave, Rochester, NY 14617 (together the "Parties" ). Section 1. DEFINITIONS. The following terms shall have the meanings set forth below: 1.1 "Intellectual Property" shall mean all worldwide rights in and to any and all intellectual property or proprietary assets, including without limitation rights to inventions, trade secrets, know -how, technology, research tools, data, software, improvements and rights of authorship and attribution, whether or not protected by patents or copyrights, and including, without limitation, patent applications, patents, trade secret rights, copyrights, trademarks, and other exclusive or non -exclusive rights pertaining to intellectual property owned or controlled by a Party. 1.2 "Payment Schedule" means the schedule of payment(s) relating to the performance of the Services set forth in the applicable SOW. 1.3 "Project Schedule" means the timetable relating to the performance of the Services set forth in the applicable SOW. 1.4 "Services" means the threat analysis, investigative, consulting, intelligence, and security training services described in the applicable SOW. 1.5 "Statement of Work" or "SOW" means the description of the services to be provided by ARI in in response to a specific need or request on the part the Client. Section 2. PROVISION OF SERVICES. 2.1 Description of Services. ARI shall perform the Service(s) as requested by the Client and as agreed upon by the Parties. During the Term of this Agreement and up on request by the Client, the Parties may agree to any number of written SOW(s). Each Party hereby agrees that by referencing this Agreement each SOW will be understood as implicitly incorporating by reference the terms herein even if the SOW does not ex pressly do so. Each SOW and any amendment thereto may not be made except by a writing signed by both the Client and ARI. In the event of any inconsistencies between the terms of a SOW and the terms herein, this Agreement shall govern, except for instances where the SOW specifically references a deviation from the Agreement, in which case the terms set forth in the SOW will prevail for that SOW only. Each SOW (as may be amended) taken together with the incorporated terms of this Agreement shall be a separate ly enforceable agreement. 2.2 Change Orders. The client may, at any time, by written notice to A RI, issue additional instructions, require additional Services or reduce or waive Services covered by the applicable SOW. In such event, a mutually agreed upon adjustment in price and time of performance will be made. Any claim by ARI for increased compens ation will be made after receipt of written notice regarding the change in Services or delivery of adjusted or new Services. 1 2.3 Performance. The manner and means by which ARI chooses to complete the Services are in its sole discretion and control. ARI agrees to perform and deliver the Services in a competent manner, consistent with industry standards. Unless otherwise specified in the applicable SOW, ARI shall provide all necessary equipment, tools and other material, at ARI's own expense, necessary to complete the Services. 2.4 Personnel. ARI shall provide a sufficient number of Personnel ("Personnel") to perform the Services specified in the SOW and shall take reasonable measures to ensure that Personnel who perform Services hereun der will comply with the duties and obligations applicable under this Agreement. 2.5 Subcontractors. ARI may engage subcontractors to assist with the performance of the Services. Subcontractors performing Services shall be deemed Personnel for the purposes of this Agreement. 2.6 Liquidated Damages for Termination or Pre-Termination Cancellation of Services. If this Agreement is terminated by Client without 30 days' notice, or if any SOW or any assignment under any SOW is terminated or cancelled by Client without 30 days' notice, Client agrees to pay ARI's unreimbursed expenses and/or fees then incurred in performing the Services. 2.7 Uncertainties. ARI will exercise its own judgement and commercially reasonable methods in conducting Services as defined in any SOW to the Client. ARI does not provide any guarantees, express or implied, of result or that recommendations made by ARI or protection offered by ARI or their Personnel will prevent any specific occurrences or guarantee the personal safety of the client or protected party. ARI neither warrants nor represents that the Services will, in fact, successfully protect the client, or any individuals, from personal injury or prevent damage to any property. Section 3. COMPENSATION. 3.1 Invoices. Each invoice for Services or approved reimbursable expenses shall be supported by (a) an itemized description of the Services or expense(s) claimed and (b) attached receipts when such receipts are reasonably available. Invoices shall reference the applicable SOW. Unless otherwise set forth in the applicable SOW, the associated payment shall be made within thirty (30) days after the Client's receipt of an undisputed invoice accompanied by all required documentation. Invoices and support documentation shall be remitted to the address set forth in the applicable SOW. 3.2 Pricing. The cost of Services provided by ARI to the client shall be agreed in a SOW. Pricing provided by ARI in any SOW becomes valid when the SOW has been accepted and signed by both Parties. 3.3 Payment. Unless otherwise agreed upon in any SOW, payment terms for Services provided to the Client by ARI are payment in full by the Client 60 days from the date of each ARI invoice. Acceptable forms of compensation are checks, wire transfer, ACH, or credit card. In no event shall the Client directly compensate any Personnel with respect to the Services under this Agreement. 3.4 Records. ARI shall keep accurate records of the time spent, work performed, and all charges and expenses, associated with the Services and shall provide copies of such records to the Client for a period of three (3) years after final payment under the applicable SOW, and Client shall during such period be allowed access to and the right to examine the pertinent books, records, documents, papers, and other records of ARI . This right shall also extend to auditors of the New York State or federal governments conducting audits of Town business. 2 Section 4. RELATIONSHIP BETWEEN THE PARTIES. 4.1 Status. ARI's relationship with the Client shall be that of a non-exclusive independent contractor and nothing in this Agreement shall be construed to create a partnership, joint venture, or employer-employee relationship. ARI is not an agent of the Client and is not authorized to make any representation, contract, or commitment on behalf of the Client. ARI and its Personnel shall not be entitled to any of the benefits that the Client may make available to its own employees. ARI shall be solely responsible for all tax returns and payments required to be filed with or made to any federal, state or local tax authority with respect to ARI's performance of Services and receipt of payments under this Agreement. 4.2 No Withholding. The Client will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain worker's compensati on insurance on behalf of ARI or its agents or employees. ARI hereby agrees to indemnify, defend, and hold the Client harmless against any and all such taxes or contributions, including penalties and interest. 4.3 Gratuities. ARI represents and warrants that neither it nor any of its employees, agents or representatives has offered or shall offer any gratuity to the Client's employees, agents or representatives with a view toward securing a contract or securing favorable treatment related to the Services co ntemplated under this Agreement. 4.4 Conflict of Interest. ARI further represents that it currently has no relationship with an employee of the Client that would constitute a conflict of interest and that ARI shall not engage in any activity during the Term of this Agreement that may present such a conflict of interest. 4.5 Solicitation of Personnel. Client covenants that it will not, without the express written consent of ARI, either during the term of the Agreement, or for a period of twelve months thereafter, solicit, recruit, hire, employ or otherwise engage the services of any member of ARI personnel. Section 5. CONFIDENTIAL INFORMATION. 5.1 Confidential Information. "Confidential Information" means any nonpublic or confidential information belonging to a Party that is either marked (or identified) as "Confidential" and/or "Proprietary" or is otherwise logically considered confidential or proprietary to the disclosing Party. "Confidential Information" includes, but is not limited to, the terms and conditions of this Agreement and any proprietary information or trade secrets relating to either Party's business, designs, fees, finances, business opportunities, Personnel, formulae, methods, techniques, processes, procedures, software, security, research, or know -how, including all non-public or confidential information embodied in, represented by, compiled, or relating thereto, whether having existed, now existing, or to be developed or created in the future, whether tangible or intangible, and whether or how stored, compiled, or memorialized. Client further agrees that reports and information received from ARI as a part of the Services will be treated as Confidential Information. 5.2 Non-Use and Non-Disclosure. The receiving Party shall hold all Confidential Information of the disclosing Party in trust and confidence and protect it as the receiving Party would protect its own confidential information (which, in any event, will not be less than reasonable protection) and shall not use such Confidential Information for any purpose other than as necessary for a Party to exercise its rights and perform its obligations hereunder. Unless agreed by the disclosing Party in writing, the receiving Party shall not disclose any Confidential Information of the disclosing Party, by publication or otherwise, to any person other than employees and subcontractors who (i) are bound to written confidentiality obligations consistent with and at least as restrictive as those set forth herein, and (ii) have a need to know such Confidential Information for purposes of enabling a Party to exercise its rights and perform its obligations pursuant to this Agreement. 3 5.3 Exceptions. The obligations specified in this Section 5 shall not apply to any Confidential Information to the extent that it is (i) already known to the receiving Party without restriction prior to the time of disclosure by the disclosing Party, (ii) acquired by the receiving Party from a third party without confidentiality restriction, (iii) independently developed or acquired by the receiving Party by employees or contractors without access to such Confidential. Information, (iv) approved for release by written aut horization of the disclosing Party, (v) in the public domain at the time it is disclosed or subsequently falls within the public domain through no wrongful action of the receiving Party, (vi) furnished to a third party by the disclosing Party without a sim ilar restriction on that third party's right of disclosure, or (vii) disclosed pursuant to the requirement of a governmental agency or disclosure is permitted or required by operation of law, provided that the receiving Party use commercially reasonable efforts to notify the disclosing Party in advance of such disclosure and seeks confidential treatment for such Confidential Information. 5.4 Return. Upon termination of this Agreement or earlier as requested by the disclosing Party, the receiving Party shall either destroy or return to the disclosing party any and all materials, documents or other media containing the Confidential Information of the disclosing Party, together with all copies thereof in whatever form. Section 6. PROPRIETARY RIGHTS. 6.1 Client Materials. Client may make available to ARI documents or other materials containing the Confidential Information of Client ("Client Materials"). In connection with delivering or providing ARI with access to or use of the Client Materials, Client hereby grants to ARI a non-exclusive right and license to use any Client Materials in connection with ARI's obligations under this Agreement. Nothing in this Agreement shall convey to ARI any other right to such Client Materials. Any reports or analysis generated from and strictly using Client Materials shall remain the property of Client, although Client's rights shall not extend to any ARI Intellectual Property, including, without limitation, any interface, unique formatting, or template reporting features that are incorporated into any report or analysis for Client. 6.2 ARI Methodologies. Notwithstanding the foregoing, Client acknowledges and agrees that ARI, in performing its obligations for Client, may use methods, processes, formulae, diagrams, images, tables, a udio, video, scripts, computer code, or algorithms that were created or licensed by ARI prior to the Effective Date or outside ARI's performance of the Services specifically for Client (collectively, "ARI Methodologies"). Client acknowledges and agrees that the such ARI Methodologies include information constituting ARI's Confidential Information. To extent ARI Methodologies are disclosed or made available to Client in any form, ARI hereby grants to Client a limited, non - transferable, non-sublicensable, and non-exclusive license to use the ARI Methodologies for internal business purposes only in connection with implementing any guidance provided by ARI in connection with the Services. Except as expressly permitted herein, Client may not use the ARI Methodologies on a service bureau basis or for the benefit of any third party. Client also agrees that it will not reverse engineer or disassemble or make or cause to be made derivative works of any kind from the ARI Methodologies. 6.3 Deliverables. As used in this Agreement, "Deliverables" mean all originally designed and developed documentation which is specifically set forth on a SOW and which ARI (or its employees or agents or subcontractors) may conceive or develop specifically for Client in the course of performing Services for Client during the term of this Agreement. "Deliverables" must be specifically ordered and expressly identified in a SOW in order for such term and concept to be applicable to Client hereunder. If no Deliverables are specifically identified, Client acknowledges and agrees that no development or creative activities will be extended to Client as a part of the Services. If Deliverables are specifically identified to result from performance of the Services under an applicable SOW and so long as Client pays ARI the required fees and/or costs, ARI acknowledges that all Deliverables shall become the property of Client. Accordingly, such Deliverables that are copyrightable shall be deemed to be a work made for hire to the extent permissible under the U.S. federal copyright laws. To the extent that any such Deliverables may not be considered work made for hire, ARI hereby agrees to assign to Client any of ARI's rights to such Deliverables upon payment by Client of the applicable fee or charge. 6.4 Retained Rights. This Agreement is not a sale of the ARI Methodologies nor is it a transfer or assignment of any rights in the ARI Methodologies. The ARI Methodologies and any other Intellectual Property of 4 ARI conceived, made, developed, discovered, written, authored, invented, created, or first reduced to practice by ARI shall not be considered, and are not, a "work for hire" as determined under United States law and shall remain the property of ARI for all purposes and in all respects. ARI reserves all rights in and to the ARI Methodologies and other ARI Intellectual Property. Except as set forth herein for the ARI Methodologies, no other license is granted to Client under this Agreement by implication or otherwise. 6.5 Third-Party Rights. Any applicable third-party content, software, or materials utilized in connection with the Services are subject to the terms and licenses prescribed by the applicable third -party vendor or provider. 6.6 Advertising and Permissible References. ARI may refer to Client by name and to the existence of this Agreement as required by applicable law. Moreover, Client agrees that ARI may use Client's name to disclose that it is a client of ARI's services in ARI's advertising, promotion, and similar public disclosures with respect to the Services; provided, however, that such advertising, promotion, or similar public disclosures shall not indicate that Client in any way endorses ARI's services without prior written permission of Client. Except for the f oregoing, neither Party shall issue any press release or other public statement regarding the subject matter hereof it has notified the other Party with a reasonable time in which to object to such. Moreover, except for the foregoing, neither Party shall use, without the other Party's prior written consent, the trade names, logo, trademarks or service marks of the other Party. 6.7 Non-Solicitation. Client acknowledges that ARI is engaged in a highly competitive enterprise involving the use of sensitive information and that any unauthorized disclosure or use by Client of the Confidential Information of ARI would cause immediate, substantial, and irreparable injury to the business and goodwill of ARI. Accordingly, Client acknowledges and agrees that ARI would not have an adequate remedy at law and shall otherwise be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Client's obligations under any provision of this Agreement. Section 7. REPRESENTATIONS AND WARRANTIES. 7.1 ARI hereby represents and warrants that: (a) the Services will be performed in a competent and professional manner by Personnel reasonably skilled in the relevant areas of expertise, and the Services will meet the specifications in any applicable SOW; (b) the provision of the Services do not and will not infringe, misappropriate or otherwise violate the Intellectual Property of any third party; (c) ARI shall comply with all applicable state, federal and local laws and regulations in the performance of Services under this Agreement. Section 8. INSURANCE. 8.1 Insurance. ARI shall carry: (a) commercial general liability with a minimum of one million dollars ($1,000,000) per occurrence/ two million dollars ($2,000,000) aggregate; (b) automobile liability insurance with minimum one million dollars ($1,000,000) combined single limit (bodily injury and property damage) for all owned, hired or borrowed and non-owned motor vehicles, and including additional personal injury protection coverage of $150,000 per person as well as supplementary uninsured motorist coverage in the maximum amount allowe d by law; (c) worker's compensation insurance as required by law; together with (d) employer's liability insurance coverage and professional errors and omissions liability insurance coverage. The Town of Irondequoit and its officers, employees, and agents shall be named as additional named insureds on the policies, on a primary and noncontributory basis. A waiver of subrogation in favor of the Town must apply. 5 Section 9. INDEMNITY; LIMITATION OF LIABILITY. 9.1 Indemnification. ARI and the Client agree to indemnify, defend and hold the other Party , their affiliates, and their officers, directors, employees, agents, successors and assigns (collectively "Representatives") harmless from and against any and all claims, damages, liabilities, losses, and expenses (including any and all attorney fees, expenses and cost of litigation) arising out of any such claim resulting from claims, suits, proceedings or causes of action brought by a third par ty against a Party identified in this agreement or its Representatives based on negligence or willful misconduct by such indemnifying Party, its Affiliates, or their respective employees, contractors or agents. Parties shall promptly notify each othe r of any such claims, suits and actions and shall not enter any settlement or compromise related thereto that contains an admission on the part of either Party which negatively impacts the other Party in any manner without their prior written consent. 9.2 LIMITS OF LIABILITY. EXCEPT IN CONNECTION WITH A BREACH BY EITHER PARTY OF ITS EXPRESS REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT OR ITS INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT, NEITHER PARTY HERETO SHALL BE LIABLE TO THE OTHER PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS) WHETHER OR NOT FORESEEABLE AND EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Section 10. TERM AND TERMINATION. 10.1 Term. This Agreement shall commence on the Effective Date and shall continue through May 18, 2024 ("Term") unless earlier terminated as provided below, provided that, unless otherwise indicated by Client, SOWs still in effect as of the termination of the Agreement shall remain in effect after such termination, subject to the terms and conditions of this Agreement, until termination of each such SOW as provided therein. This Agreement may be extended upon the mutual written agreement of the Parties. 10.2 Termination. Client or ARI may terminate all or any part of this Agreement or SOW hereunder upon at least 30 days written notice. If Client terminates this Agreement, ARI shall be entitled to amounts due for any Services performed prior to termination. Section 11. GENERAL. 11.1 Governing Law; Venue; Jury Waiver. This Agreement and the rights and obligations hereunder shall be governed by, and construed in accordance with, the laws of the State of New York. Courts located within the Monroe County, New York shall have sole and exclusive jurisdiction and venue to hear and determine any dispute or controversy arising under or concerning this Agreement, and the Parties hereto consent to submit to the personal jurisdiction of such cour ts and waive all objections to jurisdiction and venue. In prevailing in any action or proceeding to enforce, interpret, or determine the applicability or enforceability of any provision of, this Agreement, or for monetary or other relief as a result of the alleged breach of this Agreement, or otherwise arising from or under this Agreement, a Party shall be entitled to recover from the other Party its attorneys' fees and costs incurred in prosecuting such action or proceeding. 11.2 Entire Agreement. This Agreement and the Exhibits attached hereto contain the full and complete understanding and agreement between the Parties relating to the subject matter hereof and supersede all prior and contemporary understandings and agreements, whether oral or written, relating such subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and signed by both Parties. 11.3 Notice. Any and all notices permitted or required to be given hereunder shall be deemed duly given: (i) upon actual delivery, if delivery is by hand; or (ii) one (1) day after being sent by overnight courier, charges 6 prepaid. Notices to Client shall be sent to the address first written above, or at such other address for which Client gives notice hereunder. Notices to ARI shall be sent to the address first written above, or at such other address for which ARI gives notice hereunder. The Parties may agree in a SOW to provide notice by email related to such SOW. 11.4 Assignment. This Agreement may not be assigned, in whole or in part, by ARI without the prior written consent of Client. Any attempted assignment or delegation by ARI without such consent, except as expressly set forth herein, will be void. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of each Party hereto and its respective successors and assigns. 11.5 Waiver Modification. The failure of either Party to enforce, at any time or for any period of time, the provisions hereof, or the failure of either Party to exercise any option herein, shall not be construed as a waiver of such provision or option and shall in no w ay affect that Party's right to enforce such provisions or exercise such option. 11.6 Severability. In the event any provision of this Agreement is determined to be invalid or unenforceable by ruling of an arbitrator or court of competent jurisdiction, the remainder of this Agreement (and each of the remaining terms and conditions contained herein) shall remain in full force and effect. 11.7 Captions. Paragraph titles or captions contained herein are inserted only as a matter of convenience and for reference. 11.8 Drafter. No Party will be deemed the drafter of this Agreement, and both Parties acknowledge that they had the opportunity to have this Agreement reviewed by counsel and that this Agreement will be deemed to have been jointly prepared by the Parties. If this Agreement is ever construed, whether by a court or arbitrator, such court or arbitrator will not construe this Agreement, or any provision hereof, against any Party as drafter. 11.9 Force Majeure. ARI will not have any liability for damages or delay due to fire, explosion, lightning, extended power failure, water or flood, acts of God, the elements, declaration of national or state emergency, epidemic, pandemic, war, civil disturbance, acts of civil or military authorities or a public enemy, or t hat prevent ARI from materially performing its obligations hereunder. Furthermore, ARI shall not be liable for any failure to perform caused by any event or occurrence outside the control of ARI, without limitation, state action, orders or actions of law enforcement authorities. 11.10 Counterparts. This Agreement may be executed in one or more counterparts and by exchange of signed counterparts transmitted by electronic means, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same original instrument. Exhibits, which shall be a part of this Agreement, as if set forth fully herein: Exhibit A: Privacy Addendum (CA or EU only) 7 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date first written above. ARI AT-RISK International LLC Printed Name (ARI): _Mark Concordia Title (ARI): Training Manager Signature (ARI): Mark Concordia Client: Entity Name (Client): Town of Irondequoit Printed Name (Client): David A. Seeley Title (Client): Town Supervisor Signature (Client): _____________________________________ 8 Resolution No. 2021 ____________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION DECLARING SURPLUS ITEMS AND AUTHORIZING THE AUCTION OR DESTRUCTION OF SAID ITEMS 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 18th day of May 2021 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 Police Department Technicians use certain equipment to perform services for the Town, and from time to time such equipment needs to be replaced; and WHEREAS, each piece of equipment listed on the attached Addendum “A” (the “Equipment”) is several years old and no longer used by the Town; and WHEREAS, the Town intends to recycle or auction the Equipment at the next appropriate municipal equipment auction. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby declares said Equipment set forth in Addendum “A” as surplus, and authorizes the Town Supervisor to execute and deliver such documentation as necessary to recycle or auction said Equipment at the next appropriate municipal equipment auction. This resolution shall take effect immediately upon its adoption. Seconded by Town Board member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting_________________ Town Board Member Perticone voting_________________ Town Board Member Romeo voting_________________ Town Board Member Freeman voting_________________ Town Supervisor Seeley voting_________________ A#ach,,417' "X" TECH OFFICE SURPLUS DESCRIPTION/ITEM OFFICE DEPOT/OFFICE MAX 36"X100' PHOTO PAPER ROLL (WIDE FORMAT) PLASTIC TOOLBOX KIT — GRAY SMALL 16'/a"LX71/2WX8"D ITEM/MODEL # 360562 TOWN INVENTORY MAKE 1 CONTROL TAG FLAMBEAU PLASTIC TOOLBOX KIT — GRAY LARGE 22"LX9'/a"WX11"D KEL SYSTEM WITH PELICAN LEA INTELLIGENCE EQUIPMENT CASE — BLACK 16" L X 12" W X 7" D FLAMBEAU 06905 PLATT BUSINESS CASE — BLACK 22"L X17"WX8"D DEWALT 24" X 11 1/4" X 11 3/8" BLACK TOOL BOX DWST1-79227, DWST24082 PELICAN CASE BLACK — W/35MM MINOLTA X-700 CAMERA AND ASSESSORIES (LENSES & FLASH ATTACHMENT) 5 — 24 EXP 1-12 EXP 35MM KODAK FILM TRACE EVIDENCE HANDIVAC2 VACUUM KIT WITH SAMSONITE BLACK CASE KODAK 35MM FILM — 24 EXP 5 ROLLS PER BOX — 16 BOXES 3793 POLAROID SPECTRA INSTANT FILM 2-PK EACH BOX (20 EXPOSURES), 8 BOXES — 1 BOX IS PLATINUM OHAUS DIAL -O -GRAM SCALE SARGENT-WELCH BRISTOL GRAPHICS ID CARD LAMINATOR MODEL B-7 701287 PELOUZE DIGITAL SCALE MODEL PE -5 820380 KODAK DIGITAL DX 4900 KJCAV21702716 04673 4Iahwie�it ^q„ oz. DESCRIPTION/ITEM ITEM/MODEL # MAKE TOWN INVENTORY CONTROL TAG DURACRAFT ELECTRIC HEATER CZ -2104 HEAT GIANT 04420 WINDCHASER ELECTRIC HEATER 01449 I SFP 3 FINGER PRINT CAMERA WITH DARK BLUE CASE 0333-13416630 SIRCHIE NIKON D100 DIGITAL CAMERA WITH 2 ADDITIONAL LI-ION BATTERIES & ICON LEATHER CAMERA BAG 2312053 06148 - DICTAPHONE AUDIONIDEO TAPE ERASER 404846 HI-FI STEREO PORTABLE MONITOR/RECORDER M: AG -505-P S/N: K1MD00654 PANASONIC 012.CLOSE UP MAGNIFICATION BOX MINOLTA X-700 35MM CAMERA MODEL 7500 POLARIOD 04613 TUNDRA NEGATIVE/SLIDE SORTER MODEL 96 PLB MINOLTA X-700 35MM CAMERA WITH SUNPACK FLASH ATTACHMENT IN BLACK MESH CAMERA BAG INSTANT CAMERA SPECTRA SYSTEM WITH BLACK MESH BAG POLAROID MINOLTA X-700 (NEW) 35MM CAMERA IN BOX NIKON MACRO SPEEDLIGHT IN NIKON BLACK LEATHER CASE S B -29S S/N 2018100 POLARIOD F112 MAGNIFIER LENS QUANTUM BATTERY NOVOFLEX LENS FOR 35MM CAMERA 106438 04620 ITEMS IN SMALL BOX k-Ilachwtal 171" DESCRIPTION/ITEM ITEM/MODEL # MISCELLANEOUS CABLES (7) LENS CLEANING PAPER MAKE TOWN INVENTORY CONTROL TAG BATTERY PACK STROBE LIGHT CORD ONLY TIFFEN CLOSE UP LENS SET 49MM WITH CASE BUFFALO HARD DRIVE VIVITAR SERIES 70-210MM MACRO FOCUSING ZOOM LENS HD-LB2.0TU3 MICRO -LUX 12V LIGHT SNAP CAP 55MM MINOLTA 35MM CAMERA BACK WITH HARD CASE KALT SUNPAK IH-1 FLASH ATTACHMENT QUANTUM PM -S CORD CABLE FOR LASER COMPUTER HOOK UP SUNPAK EXT-11 CORD 2 BLACK RUBBER CAMERA ARMOR COVERS 8G02B 2 ANTENNAS 67MM TIFFEN LENS WITH COVER OLD CAMERA WINDERS - MINOLTA X-700 BLACK NYLON LANYARD/CAMERA CORD ROW' BLACK METAL ATTACHMENT 9715063_1 EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A LOCAL LAW RELATING TO THE REGULATION OF THE IRONDEQUOIT CEMETERY 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 18th day of May, 2021, 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, at a regular meeting of the Town Board, Town Board Member Freeman introduced a proposed local law relating to the regulation of the Irondequoit Cemetery, and the proposed local law is attached hereto as Exhibit A (the “Local Law”); and WHEREAS, the Town of Irondequoit (“Town”) owns and operates the Irondequoit Cemetery, a cemetery consisting of a mausoleum and traditional grave sites which offers an atmosphere of dignity and comfort to the families and friends of the deceased; and WHEREAS, the Town Board adopted a resolution on March 16, 2021, calling for a public hearing to be held on April 20, 2021 at 7:35pm to hear all interested parties on said proposed Local Law, and further determining that the adoption of the local law constituted a Type II action pursuant to the State Environmental Quality Review Act; and WHEREAS, notice of said public hearing was duly published in the Daily Record, the official newspaper of the Town, and posted as required by law; and WHEREAS, the Town Board received written copy of the proposed Local Law (Attachment “A”) via email at least 10 days before this meeting (excluding Sundays) pursuant to Municipal Home Rule Law § 20(4); and WHEREAS, the Town Board, after due deliberation, finds it in the best interest of the Town of Irondequoit to adopt said Local Law. 9715063_1 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts said Local Law ______ of 2021, establishing a set of comprehensive regulations to govern the Irondequoit Cemetery. AND, THEREFORE, BE IT FURTHER RESOLVED, that within twenty days hereof, the Town Clerk shall file one certified copy of the Local Law in the office of the Town Clerk and one certified copy in the office of the 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Seeley voting _______ 9715063_1 EXHIBIT A (PROPOSED LOCAL LAW) 1 LOCAL LAW NO. ____ OF 2021 TO ESTABLISH REGULATIONS FOR THE IRONDEQUOIT CEMETERY Be it enacted by the Town Board of the Town of Irondequoit as follows: Section 1. Amendment of Irondequoit Town Code. The Town Code of the Irondequoit Town of Irondequoit is hereby amended by adding the following Chapter 107, Cemeteries: Chapter 107: Cemeteries § 107-1 Purpose. It is the purpose of this chapter to regulate the Irondequoit Cemetery. § 107-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CEMETERY PROPERTY A Lot, Niche, crypt, plot or part thereof in the Irondequoit Cemetery used for burial purposes. CREMAINS Ashes or other residue recovered after the completion of the cremation of remains. GRAVE A Lot in which human remains have been interred. INTERMENT The disposition of human remains by inurnment, entombment or ground burial. LETTER OF TRANSFER Letter transferring burial rights and/or bury over rights in Cemetery Property to a person(s) other than the Owner. LOT A parcel of land within the Irondequoit Cemetery which entitles the Owner thereof to a burial place only, subject to the provisions of this Chapter and all applicable laws and regulations. MONUMENT An upright memorial, including large structures like obelisks, usually made from granite. NICHE 2 A space within a columbarium or mausoleum used or intended to be used for the interment of Cremains of a deceased person. OWNER The person or persons having purchased rights to the use Cemetery Property in the Irondequoit Cemetery. TOWN The Town of Irondequoit URN A receptacle designed to contain human Cremains. § 107-3 General. A. In addition to the regulations herein, the Irondequoit Cemetery shall be governed by the applicable laws of the State of New York and in furtherance of Article 17 of the New York State Town Law. B. The Commissioner of Public Works or his or her designee, or other such person as may be appointed by the Town Board, shall act as Cemetery Commissioner, to oversee all matters related to the control, care, management and maintenance of the Town Cemeteries. C. The Town shall have the right to lay, maintain, operate, or alter infrastructure and/or use any property within the Irondequoit Cemetery that has not been sold an Owner in furtherance of cemetery purposes. D. Town Cemeteries and all Lots sold in accordance with the provisions of the laws of New York State shall not be used for any other purpose than a burial place for dead human beings. § 107-4 Cemetery Commissioner and Maintenance Responsibilities of the Town. A. Cemetery Commissioner. a. The Cemetery Commissioner or his or her designee shall act as the caretaker of the Irondequoit Cemetery. b. The Cemetery Commissioner shall report any acts of vandalism or encroachments to the Town Board. c. The Cemetery Commissioner or his or her designee shall supervise, and in his or her reasonable discretion may approve or deny, any improvement or embellishments made to any Lot or Cemetery Property. d. The Cemetery Commissioner or his or her designee reserves the right to authorize and cause the following: i. Removal of flowers, wreaths, or other decorations from Lots as soon as they become unsightly; 3 ii. Remove any existing tree or shrub that covers any stone marker or any upkeep growth that is not maintained; iii. To prune, remove, or transplant any existing tree, shrub, or planting as deemed necessary or appropriate by the Cemetery Commissioner or his or her designee. e. The Cemetery Commissioner, or his or her designee, is authorized in his or her reasonable discretion to resolve all ambiguities or inconsistencies of this Chapter, and to approve or deny in his or her reasonable discretion any application not contemplated in this Chapter. B. Removal of Grass. The Cemetery Commissioner shall provide for the removal of grass and weeds from Cemetery Property as frequently as is required by Article 17 of the New York Town Law. C. Fences. The Cemetery Commissioner shall cause suitable fences to be erected and maintained around the Irondequoit Cemetery. D. The charges associated with the duties established in this Section 107-4(B) and (C) shall be Town charges, and the charges associated with maintenance of individual Lots shall be assessed as Fees against the Lot Owner. § 107-5 Purchase and Sale of Cemetery Property and Lots A. The price for use of burial Lots and all interment spaces shall be fixed as set forth herein and no person shall take possession of such Lot or interment space, nor make any improvements or encroachments thereon until the price of such Lot or interment space has been paid for in full. B. Cemetery Property or parts thereof shall be indivisible absent the prior written consent of the Owner and the Cemetery Commissioner and shall be subject to approval by the Town Board. C. A deceased person shall have the right of interment in any Cemetery Property of which he or she was the Owner or co-Owner at the time of his or her death. The remains of a spouse, parent, or child of an Owner or co-Owner of Cemetery Property may be interred therein with the consent of the Owner or a majority of the co-Owners. § 107-6 Burial Rights and Restrictions; Use of Cemetery Property. A. General Burial Rights and Restrictions. a. No interment shall be allowed without a State approved burial permit. b. The remains of only one person shall be allowed in a single Lot, except for spaces specifically intended for multiple burials and so designated by the Town Board. c. Concrete vaults or Interment liners shall be required for all casket interments in Interments located in the Irondequoit Cemetery. d. The interment of cremated remains will be permitted only in appropriate rigid receptacles such as metal, plastic, or concrete. e. No grave shall be permitted to have more than three interments. B. Owners shall conform to the overall aesthetic of the Irondequoit Cemetery grounds, which is intended to provide an atmosphere of dignity, tranquility, and somber repose. This includes, but is not limited to the following: 4 a. Monuments must be made of granite or similar color stone. b. An Owner of a Lot may decorate within the width of the headstone or Interment marking plus one foot in the front thereof. The remainder of the Lot must consist of grass covering. c. The Cemetery Commissioner is authorized to deny, in his or her reasonable discretion, any improvement or embellishment that disrupts the dignity, tranquility, and somber atmosphere of the Irondequoit Cemetery, including but not limited to permanent improvements with bright and unmuted use of the colors orange, yellow, green, and blue. For the sake of clarity, this provision shall not bar the use of temporary flags, flowers, and similar embellishments. C. All foundations, headstones, plantings, plaques and Interment markers, and placement thereof, and other work shall be constructed as approved and directed by the Cemetery Commissioner. D. All Interment openings and closings, burials and removals shall be at all times subject to the approval of the Cemetery Commissioner in accordance with local, New York State and federal laws. E. Interments shall be dug only by the Caretaker, the Cemetery Commissioner, his or her designee, or persons acting under the direction of such person. F. Ownership interest. a. An Owner of Cemetery Property shall have the right of interment and to the right to place appropriate interment space markings, subject to the rules and conditions established by this Chapter and applicable laws. In addition, Lot Owners shall have the right to erect private mausoleum, columbarium, or Monuments, subject to the rules and conditions established by this Chapter and applicable laws. b. Ownership of Cemetery Property shall not mean ownership of fee, meaning Owners shall not own the land or an interest in the land. G. Removals. a. Removal of remains from an Interment, crypt, Niche or other interment space may only be made after meeting the following conditions: i. The written consent of the Owner(s) and of the surviving spouse, parents, and children of the deceased over 21 years of age must be obtained. ii. Written approval from the Cemetery Commissioner or his or her designee. iii. Payment of all applicable fees. b. Notwithstanding any provision herein, an order of a court of competent jurisdiction requiring the exhumation, disentombment or disinterment shall be sufficient to permit removal. H. Cremains and Right of Bury Over. a. A Cremains vault or marble Urn is required for burial of Cremains. b. Bury Over. i. All interment of Cremains over or alongside a previous interment (“bury over”) must be approved by the Cemetery Commissioner or his or her designee. ii. The Interment location requested for bury over must be identified to the Cemetery Commissioner. 5 iii. An applicant for a bury over must have a Letter of Transfer signed and notarized by the Owner of Cemetery Property or the surviving next of kin of the Owner of Cemetery Property if the Owner is deceased. iv. Only two Cremains are allowed per existing Interment for bury over. § 107-7 Fees. All Irondequoit Cemetery fees shall be established and may be amended from time to time by resolution of the Town Board. Section 2. Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect. Section 3. Effective Date. This Local Law shall be effective immediately upon filing with the Secretary of State. 9715063_1 EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING AN AMENDEMENT TO TOWN CODE CHAPTER 91 TO BAR OVERNIGHT MOORING AND ANCHORING OF VESSELS AT IRONDEQUOIT BAY STATE MARINE PARK DOCKS 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 18th day of May, 2021, 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, at a regular meeting of the Town Board, Town Board Member Freeman introduced a proposed local law relating to amendments to Chapter 91 of the Town Code to bar the overnight mooring and anchoring of vessels at the Irondequoit Bay State Marine Park docks, and the proposed local law is attached hereto as Exhibit A (the “Local Law”); and WHEREAS, the Town of Irondequoit (“Town”) owns and operates the Irondequoit Bay State Marine Park whose regular hours of the park are from 4:00am until 10:00pm with the park being closed from 10:00pm to 4:00am; and WHEREAS, the Town Board determined that the overnight mooring or anchoring of vessels at the Town-owned docks of the Irondequoit Bay State Marine Park poses a threat to public safety by increasing the risks of damage to the docks, vandalism and theft of vessels, and increasing the potential for intoxicated operation of vessels; and WHEREAS, pursuant to Town Law § 130(17)(1)(b), the Town Board may enact and amend ordinances restricting and regulating the anchoring and mooring of vessels in any waters within or bounding the Town to a distance of fifteen hundred feet from the shore; and WHEREAS, pursuant to Resolution Number 2020-147, the Town Board adopted a negative declaration for the Irondequoit Bay State Marine Park Project, and determines that the action contemplated herein-amendment of an ordinance to bar overnight mooring 9715063_1 and anchoring at Project docks- constitutes a Type II Action pursuant to the State Environmental Quality Review Act and accompanying regulation, 6 N.Y.C.R.R 617.5(c)(2), (33), and (37), and therefore no further environmental review is required; and WHEREAS, the Town Board adopted a resolution on March 30, 2021, calling for a public hearing to be held on April 20, 2021 at 7:36pm to hear all interested parties on said proposed Local Law; and WHEREAS, notice of said public hearing was duly published in the Daily Record, the official newspaper of the Town, and posted as required by law; and WHEREAS, the Town Board received written copy of the proposed Local Law (Attachment “A”) via email at least 10 days before this meeting (excluding Sundays) pursuant to Municipal Home Rule Law § 20(4); and WHEREAS, the Town Board conducted the public hearing on April 20, 2021 at 7:36 p.m.; and WHEREAS, the Town Board, after due deliberation, finds it in the best interest of the Town of Irondequoit to amend Chapter 91 of the Town Code as reflected in this proposed Local Law. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts approved amendment to Town Code Chapter 91; Local Law ______ of 2021, barring the overnight mooring and anchoring of vessels at the Town-owned docks of the Irondequoit Bay State Marine Park. AND, THEREFORE, BE IT FURTHER RESOLVED, that within twenty days hereof, the Town Clerk shall file one certified copy of the Local Law in the office of the Town Clerk and one certified copy in the office of the 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Seeley voting _______ 9715063_1 EXHIBIT A (PROPOSED AMENDMENT TO CHAPTER 91) LOCAL LAW NO. OF 2021 TO AMEND TOWN CODE CHAPTER 91 TO BAR OVERNIGHT MOORING AND ANCHORING OF VESSELS AT IRONDEQUOIT BAY STATE MARINE PARK DOCKS Be it enacted by the Town Board of the Town of Irondequoit as follows: Section 1. Chapter 91 of the Code of the Town of Irondequoit, pertaining to Boats and Boating, is hereby amended by striking the matter shown in brackets and strikethrough font, and adding the matter shown in bold underscored font, to read as follows: § 91-1 Title. This chapter shall be known as the "Ordinance for the Regulation of Vessels on Irondequoit Bay." § 91-2 Authority. In accordance with Subdivision 17 of § 130 of the Town Law, as amended or changed, these regulations are hereby adopted for that part of Irondequoit Bay located within the Town of Irondequoit and within 1,500 feet from the shore. § 91-3 Definitions. As used in this chapter, the following terms shall have the meanings indicated: ANCHOR Means a heavy object attached to a vessel for the purpose of Mooring the vessel to bottom of a body of water. DOCK Means_a structure extending alongshore or out from the shore into a body of water, to which boats may be moored. IRONDEQUOIT BAY STATE MARINE PARK Means the Irondequoit Bay State Marine Park located on Irondequoit Bay and bounded to the West by Seabreeze Drive and to the North by Culver Road. MOOR Means to make fast a vessel by attaching it by cable, rope, or other attachment. VESSEL The same meaning as defined in the Navigation Law. § 91-4 Rules of operation. A. Every vessel shall be operated in a careful and prudent manner, in such a way as not to unreasonably interfere with or endanger any other vessel or person, but in no event shall a vessel be operated at a speed exceeding 20 miles per hour unless such vessel is being operated for the purpose of enabling a person engaged in water- skiing to be towed, in which case no such vessel shall be operated at a speed exceeding 35 miles per hour. B. No vessel shall be operated within 200 feet of the shore, a dock, pier, raft or float or an anchored or moored vessel in a manner or at a speed that causes a wake that unreasonably interferes with or endangers such dock, pier, raft or float or an anchored or moored vessel, but in no event at a speed exceeding five miles per hour, unless for the purpose of enabling a person engaged in water-skiing to take off or land. C. No vessel shall be moored to Docks owned by the Town of Irondequoit at the Irondequoit Bay State Marine Park during hours when the Irondequoit Bay State Marine Park is closed: from 10:00 p.m. through 4:00 a.m. D. No vessel shall be anchored within 100 feet of Docks owned by the Town of Irondequoit at the Irondequoit Bay State Marine Park during hours when the Irondequoit Bay State Marine Park is closed, from 10:00 p.m. through 4:00 a.m. § 91-5 Penalties for offenses. A. Any person who operates a vessel in violation of Section 91-4 (A) or Section 91-4 (B) of this chapter shall be guilty of a violation punishable to the same extent as a violation of § 45 of the Navigation Law, as amended or changed. B. Any persons who moors or anchors a vessel in violation of Section 91-4(C) or Section 91-4(D) of this Chapter shall be guilty of a violation, and for a first conviction thereof be punished by a fine of one hundred dollars; for a conviction of a second violation, both of which were committed within a period of twenty-four months, by a fine of two hundred fifty dollars; upon a conviction for a third or subsequent violation, all of which were committed within a period of twenty-four months, such person shall be punished by a fine of not less than five hundred dollars. Section 2. Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect. Section 3. Effective Date This law shall be effective upon filing with the Secretary of State of New York, as required by the Municipal Home Rule Law. Resolution No. 2021-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE IRONDEQUOIT TOWN HALL MASTER PLAN PROJECT 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 18th day of May, 2021 at 7:00 p.m. local time, there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ____________ offered the following resolution and moved for its adoption: WHEREAS, the landscape of the Town Hall Campus has changed in recent years due to the fire of December 2016 that destroyed the highway department resulting in a new highway facility being constructed at a different location which included the relocation of the temporary highway storage facility, salt barn, topsoil barn; and WHEREAS, other improvements have been made to the Irondequoit Town Hall Campus with the additional of security fencing; and WHEREAS, it is desirous to update the Irondequoit Town Hall Master Plan making it necessary to enter into an agreement for architectural and engineering services in preparation for the Irondequoit Town Hall Master Plan Project (“Project”); and WHEREAS, pursuant to the requirements of Section 51-10(B) of the Irondequoit Town Code, the Town sent out a request for proposal to three (3) businesses offering these services; and WHEREAS, EDR has been recommended by the RFP selection committee pursuant to Section 51-10 of the Irondequoit Town Code; and WHEREAS, funds for this expense will be available in account #302.1620.2013; and WHEREAS, the actions contemplated herein, retaining a professional to provide architectural and engineering services for the preparation of the Irondequoit Town Hall Master Plan, constitute a Type II Action pursuant to the New York State Environmental Quality Review ACT (“SEQRA”) and accompanying regulations, 6 N.Y.C.R.R. § 617.5(c) (27) (“conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action”), and therefore, further environmental review of the retention is not required. NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby awards the architectural and engineering services for the Irondequoit Town Hall Master Plan project to EDR in the amount of $36,977. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board authorizes the Supervisor to execute any and all necessary documents to enter into an agreement with EDR in such form as approved by the Attorney for the Town. This resolution shall take effect immediately after its adoption. Seconded by Town Board Member ____and duly put to vote, which resulted as follows: Town Board Member Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Wehner voting _______ Town Supervisor Seeley voting _______ Resolution No. 2021-___________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION CALLING FOR A PUBLIC HEARING AUTHORIZING SPEED REDUCTION ON ALLWOOD DRIVE FROM 30 M.P.H. TO 25 M.P.H. 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 18th day of May, 2021 at 7:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freemen 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, residents of Allwood Drive have petitioned the Chief of Police to reduce the existing speed limit of 30 miles per hour to 25 miles per hour on the aforementioned street due to vehicles traveling at excessive speeds; and WHEREAS, pursuant to Municipal Home Rule Law, a local law may be adopted to amend Section 222-52 of the Code of the Town of Irondequoit to include Allwood Drive as street with a 25 mile per hour speed limit; and WHEREAS, pursuant to Municipal Home Rule Law § 20(5), no local law may be passed by the Town Board until a public hearing has been held thereon. NOW, THEREFORE, BE IT RESOLVED, the Town Board shall hold a public hearing on this matter on June 15, 2021 at 7:35 p.m. at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit. 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 LOCAL LAW NO. _____ OF 2021 TO AMEND CHAPTER 222 OF THE CODE OF THE TOWN OF IRONDEQUOIT Be it enacted by the Town Board of the Town of Irondequoit as follows: 1. Section 222-52 of the Code of the Town of Irondequoit is amended to add the following streets or parts thereof with a speed limit other than 30 miles per hour: Name of Street Speed Limit Location Allwood Drive 25 Entire length 2. This law shall be effective upon filing with the Secretary of State of New York, as required by the Municipal Home Rule Law. 9941529_1 Resolution No. 2021-___________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION TO ABANDON RIGHT-OF-WAY NEAR 99 LARKSPUR LANE 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 18th day of May, 2021 at 7:00 P.M. local time; there were: PRESENT: David Seeley Town Supervisor Patrina Freemen 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 paper road right-of-way near 99 Larkspur Lane, as described on Exhibit A attached hereto (the “Paper Road”); and WHEREAS, this Paper Road has not been opened and has not been worked or laid out within six years from the time that it was dedicated to the use of the public; and WHEREAS, this Paper Road has, therefore, pursuant to Highway Law § 205(1), ceased to be a highway and is deemed abandoned as a right-of-way; and WHEREAS, pursuant to Highway Law § 205(1), a majority of the Town Board hereby provides written consent authorizing the Superintendent of Highways to cause to be recorded in the Town Clerk’s office a written description of the Paper Road to be so abandoned (the “Abandonment”), as also provided on Exhibit A attached hereto; and WHEREAS, the Superintendent of Highways and the Town Supervisor, as agent of the Town Board, must signed the Abandonment. NOW, THEREFORE, BE IT RESOLVED, that the Paper Road is hereby abandoned pursuant to Highway Law Section 205 (1). AND, BE IT FURTHER RESOLVED THAT, the Town Board hereby consents in writing to the Abandonment and authorizes the Superintendent of Highways, and the Town Supervisor as agent for the Town Board, to filed and cause to be recorded in the Town 9941529_1 Clerk’s office the Abandonment, signed by the Superintendent of Highways and the Town Supervisor as agent for the Town 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 Romeo voting __________ Town Board Member Freeman voting __________ Town Board Member Seeley voting __________ 9941529_1 Exhibit A (Description of Right-Of-Way and Abandonment) Right -Way Abandonment DESCRIPTION OF RIGHT-OF-WAY "A" DALE ESTATES SECTION 2 May 11, 2021 All that tract or parcel of land situated in Town Lot 20, Township 14, Range 7, Town of Irondequoit, County of Monroe, State of New York, bounded and described as follows: Beginning at point on the westerly right-of-way of Larkspur Lane (60' Wide) said point being 255.74' north of the point of curvature at Lot 8 of Dale Estates, Section 2 as filed in Liber 146 of Maps, at Page 91; 1. thence on a curve turning to the left having a radius of 25.00' with a delta angle of 90°00'00", for an arc length of 39.27' to a point; 2. thence westerly, along the north line of Lot 14, a distance of 138.57' to a point; 3. thence northerly along the westerly line of Dale Estates, Section 2 at an interior angle of 90°17'00", a distance of 50.00' to a point; 4. thence easterly at an interior angle of 89°43'00", a distance of 138.82' to a point; 5. thence on a curve turning to the left having a radius of 25.00' with a delta angle of 90°00'00", for an arc length of 39.27' to a point; 6. thence southerly at an interior angle of 90°00'00" to a line drawn radial to said curve, a distance of 100.00' to a point; said parcel having an area of 8452 square feet, or 0.194 acres intending to describe the right-of-way "A" as shown on a map of Dale Estates, Section 2 by Morrison & Morrison, dated 5/20/60 and filed in Liber 146 of Maps, at Page 91. 9971615_1 Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE ACCEPTANCE OF GRANT FUNDING FROM THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK At the regular meeting of the Town Board of the Town of Irondequoit (“Town”), Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town, on the 18th day of May, 2021 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 applied for grant funding from the Dormitory Authority of the State of New York (“DASNY”), in the amount of $125,000 (“Grant”), for the purpose of purchasing police vehicles and a plow truck (“Project”); and WHEREAS, in connection with the Grant, DASNY requires the Town to execute a Grant Disbursement Agreement; and WHEREAS, the Project is advisable and in the best interest of the Town; and WHEREAS, it is advisable and in the best interest of the Town to fund the Project with the Grant funding, and to execute the Grant Disbursement Agreement. NOW THEREFORE, BE IT RESOLVED, that the Town Board accepts the Grant. AND, BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to apply for and accept the Grant and that the form, terms and provisions of that certain Grant Disbursement Agreement between DASNY and the Town, in substantially the form annexed hereto as Attachment A and in final form and substance to be approved by the Attorney for the Town, and the Town Supervisor’s signature thereon being conclusive evidence of such approval (the “Agreement”), and that the execution, delivery and performance by the Town of the Agreement and the consummation of all of the transactions contemplated thereby, are hereby in all respects approved, adopted and authorized. 9971615_1 AND, BE IT FURTHER RESOLVED, that the Town Supervisor be, and hereby is, authorized, empowered and directed to take all such further actions and to execute, deliver, certify and file all such further agreements, undertakings, certificates, instruments and documents, in the name of and on behalf of the Town, and to pay all such costs, fees and expenses as the Town Supervisor shall approve as necessary or advisable to carry out the intent and accomplish the purposes of the foregoing recitals and resolution and the transactions contemplated thereby, the taking of such actions and the execution, delivery, certification and filing of such documents to be conclusive evidence of such approval. AND, BE IT FURTHER RESOLVED, that that any and all actions taken by the Town Supervisor prior to the date of adoption of the foregoing resolutions which would have been authorized by the foregoing resolutions but for the fact that such actions were taken prior to such date, be, and each hereby is, ratified, approved, confirmed and adopted as a duly authorized act of the Town in all respects and for all purposes. 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 _______ 9971615_1 Attachment A (Grant Disbursement Agreement) DocuSign Envelope ID: 6F99F318-641B-48C5-B69B-24DC3E0EF689 This GRANT DISBURSEMENT AGREEMENT includes all exhibits and attachments hereto and is made on the terms and by the parties listed below and relates to the project described below: DORMITORY AUTHORITY OF THE STATE OF NEW YORK ("DASNY"): 515 Broadway Albany, New York 12207 Contact: Karen Hunter Phone: (518) 257-3177 E-mail: grants@dasny.org THE GRANTEE: THE PROJECT: Town of Irondequoit 1280 Titus Avenue Rochester, NY 14617 Contact: Mr. Robert W. Kiley Phone: (585) 336-6033 Email: RKILEY@IRONDEQUOIT.ORG Purchase of Two Police Vehicles & a Plow Truck PROJECT LOCATION: PROJECT ADDRESS: GRANT AMOUNT: FUNDING SOURCE: Town of Irondequoit 1280 and 1300 Titus Avenue, Rochester, NY $125,000 State and Municipal Facilities Program ("SAM") For Office Use Only: PRELIMINARY APPLICATION OR PROJECT INFORMATION SHEET DATE: 03/12/19 EXPIRATION DATE OF THIS AGREEMENT: 3 YEARS FROM DASNY EXECUTION DATE Project ID: 15981 FMS#: 147588 GranteelD: 1515 GrantlD: 17045 Updated 10/20/2020 1 DocuSign Envelope ID: 6F99F318-641B-48C5-669B-24DC3E0EF689 TERMS AND CONDITIONS 1. The Project The Grantee will perform tasks within the scope of the project description, budget, and timeline as set forth in the Project Budget attached hereto as Exhibit A (collectively, the "Project") which was described by the Grantee in the Preliminary Application or Project Information Sheet submitted by the Grantee, then reviewed by DASNY and approved by the State. 2. Project Budget and Use of Funds a) The Grantee will undertake and complete the Project in accordance with the overall budget, which includes the Grant funds, as set forth in the attached Exhibit A. The Grant will be applied to eligible expenses which are as described in the Preliminary Application or Project Information Sheet, and fall within the scope of the project description set forth in the attached Exhibit A. b) Grantee agrees and covenants to apply the Grant proceeds only to capital works or purposes, which shall consist of the following: i. the acquisition, construction, demolition, or replacement of a fixed asset or assets; ii. the major repair or renovation of a fixed asset, or assets, which materially extends its useful life or materially improves or increases its capacity; or iii. the planning or design of the acquisition, construction, demolition, replacement, major repair or renovation of a fixed asset or assets, including the preparation and review of plans and specifications including engineering and other services, field surveys and sub -surface investigations incidental thereto. c) Grantee agrees and covenants that the Grant proceeds shall not be used for costs that are not capital in nature, which include, but shall not be limited to working capital, rent, utilities, salaries, supplies, administrative expenses, or to pay down debt incurred to undertake the Project. 3. Books and Records The Grantee will maintain accurate books and records concerning the Project for six (6) years from the date the Project is completed and will make those books and records available to DASNY, its agents, officers and employees during Grantee's business hours upon reasonable request. In the event of earlier termination of this Agreement, such documentation shall be made available to DASNY, its agents, officers and employees for six (6) years following the date of such early termination. Updated 10/20/2020 2 DocuSign Envelope ID: 6F99F318-641B-48C5-669B-24DC3E0EF689 4. Conditions Precedent to Disbursement of the Grant No Grant funds shall be disbursed until the following conditions have been satisfied: a) DASNY has received the project description, budget, and timeline as set forth in the attached Exhibit A, and an opinion of Grantee's counsel, in substantially the form attached hereto as Exhibit B; and b) The requirements of the SAM Program have been met; and c) The monies required to fund the Grant have been received by DASNY; and d) In the event of disbursement pursuant to paragraph 5(b) below, the Grantee has provided DASNY with documentation evidencing that a segregated account has been established by the Grantee into which Grant funds will be deposited (the "Segregated Account"). Eligible Expenses incurred in connection with the Project to be financed with Grant proceeds that are to be paid on invoice shall be paid out of the Segregated Account. The funds in such account shall not be used for any other purpose. e) The Grantee certifies that it is in compliance with the provisions of the SAM Program as well as this Agreement and that the Grant will only be used for the Project set forth in the Preliminary Application or Project Information Sheet and in Exhibit A hereto. f) Not -for-profit organizations are required to register and prequalify on the New York State Grants Gateway(https://grantsmanagement.ny.gov/) in order to receive Grant funds. The Grantee's Document Vault must be in prequalification status prior to any disbursements of the grant funds. 5. Disbursement Subject to the terms and conditions contained in this Agreement, DASNY shall disburse the Grant to the Grantee, in the manner set forth in Exhibit D, as follows: a) Reimbursement: DASNY shall make payment directly to the Grantee in the amount of Eligible Expenses actually incurred and paid for by the Grantee, upon presentation to DASNY of: i. the Payment Requisition Forms attached to this Agreement as Exhibit E and its attachments; ii. copies of invoices for Eligible Expenses from the Grantee's contractor and/or vendor and proof of payment from the Grantee to the contractor and/or vendor in a form acceptable to DASNY; and iii. such additional supporting documentation as DASNY may require in order to clearly demonstrate that Eligible Expenses were incurred and paid by the Grantee in connection with the Project described herein; or Updated 10/20/2020 3 DocuSign Envelope ID: 6F99F318-641B-48C5-669B-24DC3E0EF689 b) Payment on Invoice: i. DASNY may make payment directly to the Grantee in the amount of Eligible Expenses actually incurred by the Grantee, upon presentation to DASNY of: 1) the Payment Requisition Forms attached to this Agreement as Exhibit E and its attachments; 2) copies of invoices for Eligible Expenses from the Grantee's contractor and/or vendor in a form acceptable to DASNY evidencing the completion of work; and 3) such additional supporting documentation as DASNY may require in order to clearly demonstrate that Eligible Expenses were incurred by the Grantee in connection with the Project described herein. ii The Grantee must deposit all Grant proceeds paid on invoice pursuant to this paragraph 5(b) into the Segregated Account established pursuant to Paragraph 4(d). All Eligible Expenses incurred in connection with the Project to be financed with Grant funds that are to be paid on invoice must be paid out of this account. The account shall not be used for any other purpose. Iii. The Grantee must provide proof of disbursement of Grant funds to the respective contractor and/or vendor in a form acceptable to DASNY, within sixty (60) days of the date that Grant funds are disbursed to the Grantee to pay for such costs. DASNY will not make any additional disbursements from Grant funds until such time as proof of payment is provided. iv. Utilizing the Grant funds paid to the Grantee pursuant to this section for any purpose other than paying the contractors and/or vendors identified in the requisition documentation in the amounts set forth in the requisition shall constitute a default under this Agreement and shall, at a minimum, result in the denial of payment on invoice for subsequent requisitions. v. DASNY may deny payment on invoice at its sole and absolute discretion, thereby restricting the method of payment pursuant to this contract to reimbursement subject to the terms of Section 5(a). c) Real Property Acquisition: i. Prior to closing on the sale of the subject real property, DASNY shall be provided with an executed Escrow Instruction Letter, signed by DASNY and an escrow agent approved by DASNY, a title report, the draft deed and any other documents requested by DASNY to justify and support the costs to be paid at the closing from Grant funds. ii. DASNY shall transfer the Grant funds to the escrow agent to hold in escrow pending closing. The Grant funds will be wired to the escrow agent not more than one (1) business day prior to the scheduled closing unless otherwise Updated 10/20/2020 4 DocuSign Envelope ID: 6F99F318-641B-48C5-669B-24DC3E0EF689 approved by DASNY. iii. On the day of the closing, the escrow agent shall provide DASNY with copies of the executed deed, a copy of the title insurance policy, the final closing statement setting forth costs to be paid at closing, and copies of any checks to be drawn against Grant funds. iv. Upon DASNY approval, the escrow agent shall disburse the Grant funds as set forth in the documentation described in (iii), above. d) Electronic Payments Program: DASNY reserves the right to implement an electronic payment program ("Electronic Payment Program") for all payments to be made to the Grantee thereunder. Prior to implementing an Electronic Payment Program, DASNY shall provide the Grantee written notice one hundred twenty days prior to the effective date of such Electronic Payment Program ("Electronic Payment Effective Date"). Commencing on or after the Electronic Payment Effective Date, all payments due hereunder by the Grantee shall only be rendered electronically, unless payment by paper check is expressly authorized by DASNY. Commencing on or after the Electronic Payment Effective Date the Grantee further acknowledges and agrees that DASNY may withhold any request for payment hereunder, if the Grantee has not complied with DASNY's Policies and Procedures relating to its Electronic Payment Program in effect at such time, unless payment by paper check is expressly authorized by DASNY. e) In no event will DASNY make any payment which would cause DASNY's aggregate disbursements to exceed the Grant amount. f) The Grant, or a portion thereof, may be subject to recapture by DASNY as provided in Section 9(c) hereof. 6. Non -Discrimination and Affirmative Action The Grantee shall make its best effort to comply with DASNY's Non -Discrimination and Affirmative Action policies set forth in Exhibit F to this Agreement. 7. No Liability of DASNY or the State DASNY shall not in any event whatsoever be liable for any injury or damage, cost or expense of any nature whatsoever that occurs as a result of or in any way in connection with the Project and the Grantee hereby agrees to indemnify, defend, and hold harmless DASNY, the State and their respective agents, officers, employees and directors (collectively, the "Indemnitees") from and against any and all such liability and any other liability for injury or damage, cost or expense resulting from the payment of the Grant by DASNY to the Grantee or use of the Project in any manner, including in a manner which, if the bonds are issued on a tax-exempt basis, (i) results in the interest on the bonds issued by DASNY the proceeds of which were used to fund the Grant (the "Bonds") to be includable in gross income for federal income tax purposes or (ii) gives rise to an allegation against DASNY by a governmental agency or authority, which DASNY defends that the interest on the Bonds is includable in gross income for federal Updated 10/20/2020 5 DocuSign Envelope ID: 6F99F318-641B-48C5-B69B-24DC3E0EF689 income tax purposes, other than that caused by the gross negligence or the willful misconduct of the Indemnitees. 8. Warranties and Covenants The Grantee warrants and covenants that: a) The Grant shall be used solely for Eligible Expenses in accordance with the Terms and Conditions of this Agreement. b) No materials, if any, purchased with the Grant will be used for any purpose other than the eligible Project costs as identified in Exhibit A. c) The Grantee agrees to utilize all funds disbursed in accordance with this Agreement in accordance with the terms of the SAM Program. d) The Grantee is solely responsible for all Project costs in excess of the Grant. The Grantee will incur and pay Project costs and submit requisitions for reimbursement in connection with such costs. e) The Grantee has sufficient, secured funding for all Project costs in excess of the Grant, and will complete the Project as described in the Preliminary Application or Project Information Sheet and in this Agreement. f) The Grantee agrees to use its best efforts to utilize the Project for substantially the same purpose set forth in this Agreement until such time as the Grantee determines that the Project is no longer reasonably necessary or useful in furthering the public purpose for which the grant was made. There has been no material adverse change in the financial condition of the Grantee since the date of submission of the Preliminary Application or Project Information Sheet to DASNY. g) h) No part of the Grant will be applied to any expenses paid or payable from any other external funding source, including State or Federal grants, or grants from any other public or private source. i) The Grantee owns, leases, or otherwise has control over the site where the Project will be located. If the Project includes vehicle purchase(s), removable equipment, or furnishings including but not limited to, computer hardware and software, air conditioning units, lab equipment, office furniture and telephone systems, the Grantee has or will develop, implement, and maintain an inventory system for tracking such items, as well as has or will develop, implement, and maintain a usage policy. j) In the event the Grantee will utilize the Grant funds to acquire real property, the Grantee must retain title ownership to the real property. If at any time during the term of this Agreement the real property is repurchased by the Seller or otherwise conveyed to any entity other than the Grantee, the Grantee will notify DASNY within 10 business days from the date the contract of sale is executed OR within 10 Updated 10/20/2020 6 DocuSign Envelope ID: 6F99F318-641B-48C5-B69B-24DC3E0EF689 business days from the date the Grantee initiates or is notified of the intent to transfer ownership of the real property, whichever is earlier. In that event, Grantee hereby agrees to repay to DASNY all Grant funds disbursed pursuant to this Agreement. k) The Project to be funded by the Grant will be located in the State of New York. If the Grant will fund all or a portion of the purchase of any type of vehicle, such vehicle will be registered in the State of New York and a copy of the New York State Vehicle Registration documents will be provided to DASNY's Accounts Payable Department at the time of requisition. I) Grantee is in compliance with, and shall continue to comply in all material respects, with all applicable laws, rules, regulations and orders affecting the Grantee and the Project including but not limited to maintaining the Grantee's document vault on the New York State Grants Reform Gateway (https://Qrantsmanagement.ny.gov/). m) The Grantee has obtained all necessary consents and approvals from the property owner in connection with any work to be undertaken in connection with the Project. n) All contractors and vendors retained to perform services in connection with the Project shall be authorized to do business in the State of New York and/or filed such documentation, certifications, or other information with the State or County as required in order to lawfully provide such services in the State of New York. In addition, said contractor/vendors shall possess and maintain all professional licenses and/or certifications required to perform the tasks undertaken in connection with the Project. o) Neither the Grantee nor any of the members of its Board of Directors or other governing body or its employees have given or will give anything of value to anyone to procure the Grant or to influence any official act or the judgment of any person in the performance of any of the terms of this Agreement. P) The Grant shall not be used in any manner for any of the following purposes: political activities of any kind or nature, including, but not limited to, furthering the election or defeat of any candidate for public, political or party office, or for providing a forum for such candidate activity to promote the passage, defeat, or repeal of any proposed or enacted legislation; ii. religious worship, instruction or proselytizing as part of, or in connection with, the performance of this Agreement; iii. payments to any firm, company, association, corporation or organization in which a member of the Grantee's Board of Directors or other governing body, or any officer or employee of the Grantee, or a member of the immediate family of any member of the Grantee's Board of Directors or other governing body, officer, or employee of the Grantee has any ownership, control or financial interest, including but not limited to an officer or employee directly or indirectly responsible for the preparation or the determination of the terms of Updated 10/20/2020 7 DocuSign Envelope ID: 6F99F318-641 B-48C5-B69B-24DC3E0EF689 the contract or other arrangement pursuant to which the proceeds of the Grant are to be disbursed. For purposes of this paragraph, "ownership" means ownership, directly or indirectly, of more than five percent (5%) of the assets, stock, bonds or other dividend or interest -bearing securities; and "control" means serving as a member of the board of directors or other governing body, or as an officer in any of the above; and iv. payment to any member of Grantee's Board of Directors or other governing body of any fee, salary or stipend for employment or services, except as may be expressly provided for in this Agreement. q) The relationship of the Grantee (including, for purposes of this paragraph, its officers, employees, agents and representatives) to DASNY arising out of this Agreement shall be that of an independent contractor. The Grantee covenants and agrees that it will conduct itself in a manner consistent with such status, that it will neither hold itself out as, nor claim to be, an officer, employee, agent or representative of DASNY or the State by reason hereof, and that it will not by reason thereof, make any claim, demand or application for any right or privilege applicable to an officer, employee, agent or representative of DASNY or the State, including without limitation, worker's compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. r) The information contained in the Preliminary Application or Project Information Sheet submitted by the Grantee in connection with the Project and the Grant, as such may have been amended or supplemented and any supplemental documentation requested by the State or DASNY in connection with the Grant, is incorporated herein by reference in its entirety. In the event of an inconsistency between the descriptions, conditions, and terms of this Agreement and those contained in the Preliminary Application or Project Information Sheet, the provisions of this Agreement shall govern. The Grantee hereby acknowledges that DASNY has relied on the statements and representations made by the Grantee in the Preliminary Application or Project Information Sheet and any supplemental information in making the Grant. The Grantee hereby represents and warrants that it has made no material misstatement or omission of fact in the Preliminary Application or Project Information Sheet, supplemental information, or otherwise in connection with the Grant and that the information contained in the Preliminary Application or Project Information Sheet and supplemental information continues on the date hereof to be materially correct and complete. s) The Grantee hereby represents and warrants that it has made no material misstatement or omission of fact in the Grantee Questionnaire ("GQ"), attached hereto as Exhibit C, or the Grantee's document vault in the New York State's Grants Reform Gateway completed by the Grantee in connection with the Project and the Grant, and that the responses in the GQ and the document vault continue on the date hereof to be materially correct and complete. The Grantee hereby acknowledges that DASNY has relied on the statements and representations made by the Grantee in the GQ in making the Grant, and that the Grantee will be required to reaffirm the information therein each time a requisition for grant funds is presented to DASNY. Updated 10/20/2020 8 DocuSign Envelope ID: 6F99F318-6418-48C5-B69B-24DC3E0EF689 t) The Grantee is duly organized, validly existing and in good standing under the laws of the State of New York, or is duly organized and validly existing under the laws of another jurisdiction and is authorized to do business and is in good standing in the State of New York and shall maintain its corporate existence in good standing in each such jurisdiction for the term of this Agreement, and has full power and authority to execute and deliver the Agreement and to perform its obligations thereunder; u) The Grantee agrees to provide such documentation to DASNY as may be requested by DASNY in its sole and absolute discretion to support a requisition for payment, to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by DASNY in connection with the Grant, and further acknowledges that if documentation requested in connection with a requisition for payment does not, in the sole and absolute discretion of DASNY, provide adequate support for the costs requested, that such requisition request shall be denied and payment shall not be made to the Grantee. v) The Agreement was duly authorized, executed and delivered by the Grantee and is binding on and enforceable against the Grantee in accordance with its terms. 9. Default and Remedies a) Each of the following shall constitute a default by the Grantee under this Agreement: i. Failure to perform or observe any obligation, warranty or covenant of the Grantee contained herein, or the failure by the Grantee to perform the requirements herein to the reasonable satisfaction of DASNY and within the time frames established therefor under this Agreement. ii. Failure to comply with any request for information reasonably made by DASNY to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by DASNY in connection with the Grant. iii. The making by the Grantee of any false statement or the omission by the Grantee to state any material fact in or in connection with this Agreement or the Grant, including information provided in the Preliminary Application or Project Information Sheet or in any supplemental information that may be requested by the State or DASNY. iv. The Grantee shall (A) be generally not paying its debts as they become due, (B) file, or consent by answer or otherwise to the filing against it of, a petition under the United States Bankruptcy Code or under any other bankruptcy or insolvency law of any jurisdiction, (C) make a general assignment for the benefit of its general creditors, (D) consent to the appointment of a custodian, receiver, trustee or other officer with similar powers of itself or of any substantial part of its property, (E) be adjudicated insolvent or be liquidated or (F) take corporate action for the purpose of any of the foregoing. Updated 10/20/2020 9 DocuSign Envelope ID: 6F99F318-641B-48C5-B69B-24DC3E0EF689 v. An order of a court having jurisdiction shall be made directing the sale, disposition or distribution of all or substantially all of the property belonging to the Grantee, which order shall remain undismissed or unstayed for an aggregate of thirty (30) days. vi. The Grantee abandons the Project prior to its completion. vii. The Grantee is found to have falsified or modified any documents submitted in connection with this grant, including but not limited to invoice, contract or payment documents submitted in connection with a Grantee's request for payment/reimbursement. viii. Utilizing the Grant funds paid to the Grantee pursuant to Section 5(b) for any purpose other than paying the contractors and/or vendors identified in the requisition documentation in the amounts set forth in the requisition. b) Upon the occurrence of a default by the Grantee and written notice by DASNY indicating the nature of the default, DASNY shall have the right to terminate this Agreement. c) Upon any such termination, DASNY may withhold any Grant proceeds not yet disbursed and may require repayment of Grant proceeds already disbursed. If DASNY determines that any Grant proceeds had previously been released based upon fraudulent representations or other willful misconduct, DASNY may require repayment of those funds and may refer the matter to the appropriate authorities for prosecution. DASNY shall be entitled to exercise any other rights and seek any other remedies provided by law. 10. Term of Agreement Notwithstanding the provisions of Section 9 hereof, this Agreement shall terminate three (3) years after the latest date set forth on the front page hereof without any further notice to the Grantee. DASNY, in its sole discretion, may extend the term of this Agreement upon a showing by the Grantee that the Project is under construction and is expected to be completed within the succeeding twelve (12) months. All requisitions must be submitted to DASNY in proper form prior to the termination date in order to be reimbursed. 11. Project Audit DASNY shall, upon reasonable notice, have the right to conduct, or cause to be conducted, one or more audits, including field inspections, of the Grantee to assure that the Grantee is in compliance with this Agreement. This right to audit shall continue for six (6) years following the completion of the Project or earlier termination of this Agreement. 12. Survival of Provisions The provisions of Sections 3, 7, 8(o), 8(p) and 11 shall survive the expiration or earlier termination of this Agreement. Updated 10/20/2020 10 DocuSign Envelope ID: 6F99F318-641 B-48C5-B69B-24DC3E0EF689 13. Notices Each notice, demand, request or other communication required or otherwise permitted hereunder shall be in writing and shall be effective upon receipt if personally delivered or sent by any overnight service or three (3) days after dispatch by certified mail, return receipt requested, to the addresses set forth on this document's cover page. 14. Assignment The Grantee may not assign or transfer this Agreement or any of its rights hereunder. 15. Modification This Agreement may be modified only by a written instrument executed by the party against whom enforcement of such modification is sought. 16. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York. This Agreement shall be construed without the aid of any presumption or other rule of law regarding construction against the party drafting this Agreement or any part of it. In case any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such provision(s) had never been contained herein. 17. Confidentiality of Information Any information contained in reports made to DASNY or obtained by DASNY as a result of any audit or examination of Grantee's documents or relating to trade secrets, operations and commercial or financial information, including but not limited to the nature, amount or source of income, profits, losses, financial condition, marketing plans, manufacturing processes, production costs, productivity rates, or customer lists, provided that such information is clearly marked "confidential" by the Grantee that concerns or relates to trade secrets, operations and commercial or financial information, including but not limited to the nature, amount or source of income, profits, losses or expenditures, financial condition, marketing plans, manufacturing processes, production costs, productivity rates, or customer lists, which is determined by DASNY to be exempt from public disclosure under the Freedom of Information Law, shall be considered business confidential and is not to be released to anyone, except DASNY and staff directly involved in assisting the Grantee, without prior written authorization from the Grantee, as applicable. Notwithstanding the foregoing, DASNY will not be liable for any information disclosed, in DASNY's sole discretion, pursuant to the Freedom of Information Law, or which DASNY is required to disclose pursuant to legal process. 18. Executory Clause This Agreement shall be deemed executory to the extent of monies available for the SAM Program to DASNY. Updated 10/20/2020 11 DocuSign Envelope ID: 6F99F318-641 B-4805-B696-24DC3E0EF689 Town of Irondequoit Purchase of Two Police Vehicles & a Plow Truck Project ID 15981 This agreement is entered into as of the latest date written below: GRANTEE: TOWN OF IRONDEQUOIT (--F3ozu51gned by: (Signature of Grantee Authorized Officer) David Seeley (Printed Name and Title) Date: 5/11/2021 DORMITORY AUTHORITY OF THE STATE OF NEW YORK (Signature of DASNY Authorized Officer) (Printed Name) Date: DASNY OFFICE USE ONLY GRANTS ADMIN REVIEW APPROVED FOR LEGAL REVIEW: DATE: FINAL LEGAL REVIEW APPROVED FOR SIGNATURE: DATE: Updated 10/20/2020 12 DocuSign Envelope ID: 6F99F318-6418-48C5-B69B-24DC3E0EF689 GRANT DISBURSEMENT AGREEMENT EXHIBITS EXHIBIT A Project Budget EXHIBIT B Opinion of Counsel EXHIBIT C Grantee Questionnaire EXHIBIT D Disbursement Terms EXHIBIT E Payment Requisition Form and Dual Certification EXHIBIT E-1 Payment Requisition Cover Letter EXHIBIT E-2 Payment Requisition Back-up Summary EXHIBIT F Non -Discrimination and Affirmative Action Policy Updated 10/20/2020 13 DocuSign Envelope ID: 6F99F318-641 B-48C5-B69B-24DC3E0EF689 EXHIBIT A: Project Budget Town of Irondequoit Purchase of Two Police Vehicles & a Plow Truck Project ID 15981 USE OF FUNDS TIMELINE SOURCES Total Anticipated Dates** DASNY Share In-Kind/Equity/Sponsor Other Sources Project Description* Start End Amount Source Name Amount Entity Name Amount Purchase of Two Police Vehicles & a Plow Truck 01/30/2018 06/05/2019 i $125,000 $125,000 * Please note that the project description as set forth in this column must summarize the scope of the Eligible Expenses set forth in the Preliminary Application or Project Information Sheet as per Section 2(a) of this Agreement for which reimbursement or payment on invoice will be sought. Please ensure that the project description is an appropriate summary of the Eligible Expenses for which grantee will be submitting for requisition. The failure to ensure all Eligible Expenses are consistent with the project description may delay payment. ** Please be sure to complete the anticipated start and end dates in the Project timeline. Updated 10/20/2020 14 DocuSign Envelope ID: 6F99F318-6418-48C5-B69B-24DC3E0EF689 EXHIBIT B: Opinion of Counsel DASNY General Counsel 515 Broadway Albany, New York 12207 Re: State and Municipal Facilities Program ("SAM") Grant Purchase of Two Police Vehicles & a Plow Truck Project ID 15981 Ladies and Gentlemen: I have acted as counsel to Town of Irondequoit (the "Grantee") in connection with the Project referenced above. In so acting, I have reviewed a certain Grant Disbursement Agreement between you and the Grantee (the "Agreement") and such other documents as I consider necessary to render the opinion expressed hereby. Based on the foregoing, I am of the opinion that: 1. the Grantee is duly organized, validly existing and in good standing under the laws of the State of New York or, is duly organized and validly existing under the laws of another jurisdiction. The Grantee is authorized to do business and is in good standing in the State of New York and has full power and authority to execute and deliver the Agreement and to perform its obligations thereunder; and 2. the Agreement was duly authorized, executed and delivered by the Grantee and is binding on and enforceable against the Grantee in accordance with its terms. By selecting this option and providing my electronic signature, I hereby execute and deliver a validly binding legal opinion in the form of this Exhibit B, just the same as a pen -and -paper signature on a separate document. Approved — Legal Opinion attached **Instructions — Grantee's Attorney will choose appropriate response . If "Approved as to form" is checked, the Attorney will DocuSign form. If "Approved — Legal Opinion attached" is checked, the Attorney must attach a legal opinion using the language provided in this exhibit. Updated 10/20/2020 15 DocuSign Envelope ID: 6F99F318-641 B-48C5-B69B-24DC3E0EF689 EXHIBIT C: Grantee Questionnaire PLEASE READ THE FOLLOWING: 1) You are acknowledgeing the following regarding the included Grantee Questionnaire: • This inserted Grantee Questionnaire is an accurate and true copy of such previously submitted DASNY Grantee Questionnaire. • The Grantee certifies that there has been no material change in the information provided in the Grantee Questionnaire. Updated 10/20/2020 16 DocuSign Envelope ID: 6F99F318-641B-48C5-B69B-24DC3E0EF689 EXHIBIT D: Disbursement Terms Town of Irondequoit Purchase of Two Police Vehicles & a Plow Truck Project ID 15981 Subject to the terms and conditions contained in this Agreement, DASNY shall disburse the Grant to the Grantee as follows: Standard Reimbursement DASNY shall make payment to the Grantee, no more frequently than monthly, based upon Eligible Expenses (as set forth and in accordance with the schedule in Exhibit A) actually incurred by the Grantee, in compliance with Exhibit A and upon presentation to DASNY of the Payment Requisition Forms attached to this Agreement as Exhibit E and its attachments, together with such supporting documentation as DASNY may require in order to clearly demonstrate that Eligible Expenses were actually incurred by the Grantee in connection with the Project described herein. Payment shall be made by reimbursement, subject to the terms and conditions of Sections 4 and 5(a) of this Agreement; by payment on invoice subject to the terms and conditions of Sections 4 and 5(b) of this Agreement; or, for real property acquisition, subject to the terms and conditions of Sections 4 and 5(c) of this Agreement. Supporting documentation acceptable to DASNY must be provided prior to payment, including invoices and proof of payment in a form acceptable to DASNY. If the fronts and backs of canceled checks cannot be obtained from the Grantee's financial institution, a copy of the front of the check must be provided, along with a copy of a bank statement clearly showing that payment was made by the Grantee to the contractor. DASNY reserves the right to request additional supporting documentation in connection with requests for payment, including the backs of canceled checks, certifications from contractors or vendors, or other documentation to verify that grant funds are properly expended. Please note that quotes, proposals, estimates, purchase orders, and other such documentation do NOT qualify as invoices. The Grantee agrees to provide such documentation to DASNY as may be requested by DASNY in its sole and absolute discretion to support a requisition for payment, to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by DASNY in connection with the Grant, and further acknowledges that if documentation requested in connection with a requisition for payment does not, in the sole and absolute discretion of DASNY, provide adequate support for the costs requested, that such requisition request shall be denied and payment shall not be made to the Grantee. All expenses submitted for reimbursement or payment on invoice must be for work completed at the approved Project location(s) and/or items received at the approved Project location(s) prior to the date of the request for reimbursement/payment. In addition, if funds are requisitioned for the purchase of a vehicle, the New York State Vehicle Registration Documents and title must be submitted along with the requisition forms. Updated 10/20/2020 17 DocuSign Envelope ID: 6F99F318-641 B-48C5-B69B-24DC3E0EF689 EXHIBIT E: Payment Requisition Form and Dual Certification Town of Irondequoit Purchase of Two Police Vehicles & a Plow Truck Project ID 15981 For Office Use Only: FMS#: 147588 GranteelD: 1515 GrantID: 17045 Payment Request # For work completed between THIS REQUEST: / and / / A: DASNY SHARE* B: THIS REQUEST C: TOTAL REQUESTED PRIOR TO THIS REQUEST D: A -B -C BALANCE $ 125,000 * Please note that when submitting a requisition for payment, DASNY can only reimburse for capital expenditures for the Project as set forth in Exhibit A of this Agreement. In addition, all capital expenditures are to be both incurred (billed to) and paid for by the named Grantee. Capital expenditures include the costs of acquisition, design, construction, reconstruction, rehabilitation, preservation, development, improvement, modernization and equipping of the approved Project location. Updated 10/20/2020 18 DocuSign Envelope ID: 6F99F318-641B-48C5-B69B-24DC3E0EF689 EXHIBIT E: Payment Requisition Form and Dual Certification DUAL CERTIFICATION This certification must be signed by two Authorized Officers of the Town of Irondequoit, for Project # 15981. We hereby warrant and represent to DASNY that: 1. To the best of our knowledge, information and belief, the expenditures described in Payment Requisition Request ## attached hereto in the amount of $ for which Town of Irondequoit, is seeking payment and/or reimbursement comply with the requirements of the Agreement between DASNY and Town of Irondequoit (the "Agreement"), are Eligible Expenses, and that the payment and/or reimbursement of expenditures for which it is seeking payment and/or reimbursement from DASNY does not duplicate reimbursement or disbursement of costs and/or expenses from any other source. 2. The warranties and covenants contained in Section 8 of the Agreement are true and correct as if made on the date hereof. 3. The Eligible Expenses for which reimbursement is sought in connection with this requisition were actually incurred by the Grantee named on the cover page of this Agreement, and/or will be paid by the Grantee solely from the Segregated Account established pursuant to paragraph 4(d) of the Grant Disbursement Agreement to the contractor named on the invoices submitted in connection with this requisition and shall not be used for any other purpose. 4. All Project costs described in any contractor/vendor invoice submitted pursuant the payment requisition form have been completely and fully performed and/or received on site at the applicable project location prior to the date hereof. 5. Proof of disposition of funds from the Segregated Account to the contractor and/or vendors that are being paid on invoice, if any, will be provided to DASNY within sixty (60) days of the date that Grant funds are disbursed to the Grantee to pay for such costs. We understand that in the event that acceptable proof of payment is not provided, DASNY will not make any additional disbursements from Grant funds until such time as such proof of payment is provided. 6. We have the authority to submit this requisition on behalf of Town of Irondequoit. All eligible expenses have been incurred within the scope of the project description set forth in the schedule in Exhibit A to this Agreement. 7. The following documents are hereby attached for DASNY approval, in support of this requisition, and are accurate images of the original documents (Please check off all that apply): ❑ Readable copies of both front and back of canceled checks. ❑ Readable copies of the front of the checks and copies of bank statements showing that the checks have cleared. ❑ Copy of New York State Vehicle Registration and Title documents for all vehicles purchased with Grant funds. ❑ Invoices/receipts for eligible goods/services that have been received/performed at the approved Project location(s) and a completed Exhibit E-2: Payment Requisition Back-up Summary. ❑ Other: Authorized Officer Signature: Print Name: Title: Authorized Officer Signature: Print Name: Title: Date: Date Updated 10/20/2020 19 DocuSign Envelope ID: 6F99F318-641B-48C5-1369B-24DC3E0EF689 EXHIBIT E -I: Payment Requisition Cover Letter ON GRANTEE'S LETTERHEAD Date Attention: Accounts Payable - Grants DASNY 515 Broadway Albany, New York 12207 Re: State and Municipal Facilities Program ("SAM") Grant Purchase of Two Police Vehicles & a Plow Truck Project No. 15981 To Whom It May Concern: Enclosed please find our request for payment/reimbursement. The package includes completed Exhibits E and E-2, including a Dual Certification with original signatures from two authorized officers. I have also included supporting documentation and invoices, as summarized in Exhibit E-2. Below I have checked off the relevant payment option and completed the required payment information. This information is complete and accurate as of the date of this letter: n We would like to be paid by reimbursement pursuant to section 5(a) of the grant disbursement agreement. Proof of payment is enclosed for all invoices submitted in this request. Please remit payment by check. OR 2) We would like to be paid by reimbursement pursuant to section 5(a) of the grant disbursement agreement. Proof of payment is enclosed for all invoices submitted in this request. Please remit payment by wire. The wire instructions for our account are as follows: BANK NAME: ACCOUNT #: ACCOUNT NAME: ABA #: OR Updated 10/20/2020 20 DocuSign Envelope ID: 6F99F318-641B-48C5-669B-24DC3E0EF689 3 We would like to be paid on invoice pursuant to Section 5(b) of the grant disbursement agreement. We have not paid the invoice(s) included in this request. We have established a segregated account to be used solely for accepting and disbursing funds from DASNY for this grant and for no other purpose. The wire instructions for this account are as follows: BANK NAME: ACCOUNT #: ACCOUNT NAME: ABA #: If any further information is needed, please contact me at ( Please sign and return these documents to DASNY at aparantsr,dasnv.org. Please return them from the Grantee's organizational email address and retain the original copies for production to DASNY if requested. By providing electronic signature(s), the Grantee's designee will be providing validly binding legal documents, just the same as a pen -and - paper signature. Signature: Print Name: Title: Updated 10/20/2020 21 DocuSign Envelope ID: 6F99F318-641B-48C5-B6913-24DC3E0EF689 EXHIBIT E-2: Payment Requisition Back-up Summary Town of Irondequoit Purchase of Two Police Vehicles & a Plow Truck Project ID 15981 Please list below all invoice amounts totaling the amount for which you are seeking reimbursement in this request. Invoices should be organized and total amount requested for reimbursement from grant subtotaled. Please use additional sheets if necessary. VENDOR/ CONTRACTOR NAME INVOICE/ APPLICATION # AMOUNT REQUESTED FROM GRANT FUNDS COMMENT TOTAL Requested: (Transfer total amount requested to Exhibit E pg. 18 column B) Updated 10/20/2020 22 DocuSign Envelope ID: 6F99F318-641B-48C5-B69B-24DC3E0EF689 EXHIBIT F NON-DISCRIMINATION AND AFFIRMATIVE ACTION POLICY FOR THE PROJECT It is the policy of the State of New York and DASNY, to comply with all federal, State and local law, policy, orders, rules and regulations which prohibit unlawful discrimination because of race, creed, color, national origin, sex, sexual orientation, age, disability or marital status, and to take affirmative action to ensure that Minority and Women -owned Business Enterprises (M/WBEs), Minorities Group Members and women share in the economic opportunities generated by DASNY's participation in projects or initiatives, and/or the use of DASNY funds. 1) The recipient of State funds represents that its equal employment opportunity policy statement incorporates, at a minimum, the policies and practices set forth below: a) Grantee shall (i) not unlawfully discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, sexual orientation, age, disability or marital status, (ii) undertake or continue existing programs of affirmative action to ensure that Minority Group Members and women are afforded equal employment opportunities, and (iii) make and document its conscientious and active efforts to employ and utilize M/WBEs, Minority Group Members and women in its workforce on contracts. Such action shall be taken with reference to, but not limited to, solicitations or advertisements for employment, recruitment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on- the-job training. b) At the request of the AAO, the Grantee shall request each employment agency, labor union, or authorized representative of workers with whom it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative does not unlawfully discriminate, and that such union or representative will affirmatively cooperate in the implementation of the Grantee's obligations herein. 2) The Grantee is encouraged to include minorities and women in any job opportunities created by the Project; and to solicit and utilize M/WBE firms for any contractual opportunities generated in connection with the Project. 3) Grantee represents and warrants that, for the duration of the Agreement, it shall furnish all information and reports required by the AAO and shall permit access to its books and records by DASNY, or its designee, for the purpose of ascertaining compliance with provisions hereof. 4) Grantee shall include or cause to be included, paragraphs (1) through (3) herein, in every contract, subcontract or purchase order with a Contracting Party executed in connection with the Project, in such a manner that said provisions shall be binding upon each Contracting Party as to its obligations incurred in connection with the Project. Updated 10/20/2020 23 DocuSign Envelope ID: 6F99F318-641 B-4805-6698-24DC3E0EF689 NON-DISCRIMINATION AND AFFIRMATIVE ACTION DEFINITIONS Affirmative Action Shall mean the actions to be undertaken by the Borrower, Grantee and any Contracting Party in connection with any project or initiative to ensure non-discrimination and Minority/Women- owned Business Enterprise and minority/female workforce participation, as set forth in paragraph 2) herein, and developed by DASNY. Affirmative Action Officer ("AAO") Shall mean DASNY's Affirmative Action Officer or his/her designee, managing the affirmative action program for DASNY. Contracting Party Shall mean (i) any contractor, subcontractor, consultant, subconsultant or vendor supplying goods or services, pursuant to a contract or purchase order in excess of $1,500, in connection with any projects or initiatives funded in whole or in part by DASNY and (ii) any borrower or Grantee receiving funds from DASNY pursuant to a loan or Grant document. Minority Business Enterprise ("MBE") Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is (i) a lease fifty-one percent (51%) owned by one or more Minority Group Members; (ii) an enterprise in which such minority ownership is real, substantial and continuing, (iii) an enterprise in which such minority ownership has and exercises DASNY to control and operate, independently, the day-to-day business decisions of the enterprise; (iv) an enterprise authorized to do business in the State of New York and is independently owned and operated; and (v) an enterprise certified by New York State as a minority business. Minority Group Member Shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (i) Black persons having origins in any of the Black African racial groups; (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin, regardless of race; (iii) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands; and (iv) Native American or Alaskan native persons having origins in any of the original peoples of North America. Minority and Women -Owned Business Enterprise Participation Minority and Women -owned Business Enterprise participation efforts are not limited to the efforts suggested herein, and the role of M/WBE firms should not be restricted to that of a subcontractor/subconsultant. Where applicable, M/WBE firms should be considered for roles as prime contractors. Such efforts may include but not be limited to: (a) Dividing the contract work into smaller portions in such a manner as to permit subcontracting to the extent that it is economically and technically feasible to do so; (b) Actively and affirmatively soliciting bids from qualified M/WBEs, including circulation of solicitations to Minority and Women's trade associations; (c) Making plans and specifications for prospective work available to M/WBEs in sufficient time for review; Updated 10/20/2020 24 DocuSign Envelope ID: 6F99F318-641B-48C5-669B-24DC3E0EF689 (f) (g) (d) Utilizing the services and cooperating with those organizations providing technical assistance to the Contracting Party in connection with potential M/WBE participation on DASNY contract; (e) Utilizing the resources of DASNY Affirmative Action Unit to identify New York State certified M/WBE firms for the purpose of soliciting bids and subcontracts; Encouraging the formation of joint ventures, associations, partnerships, or other similar entities with M/WBE firms, where appropriate, and The Contracting Party shall remit payment in a timely fashion. Women -owned Business Enterprise ("WBE") Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (i) at least fifty-one percent (51 %) owned by one or more citizens or permanent resident aliens who are women; (ii) an enterprise in which the ownership interest of such women is real, substantial and continuing, (iii) an enterprise in which such women ownership has and exercises DASNY to control and operate, independently, the day-to-day business decisions of the enterprise; (iv) an enterprise authorized to do business in the State of New York and is independently owned and operated; and (v) an enterprise certified by New York State as woman -owned. Updated 10/20/2020 25 Resolution No. 2021-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AND AMEND VARIOUS CONTRACTS WITH VENDORS FOR YOUTH, FAMILY, AND SENIOR RECREATIONAL PROGRAMMING FOR SUMMER 2021 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 18th day of May 2021, 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 desires to contract with many different vendors providing Youth, Family, and Senior recreational programs in Summer 2021; and WHEREAS, the Youth and Family programs are paid for with fees received from participants; and WHEREAS, the Senior programs are paid for with a combination of grant money and fees received from participants; and WHEREAS, the Town of Irondequoit seeks to contract for Youth, Family, and Senior recreational programming services with the vendors pursuant to Addendum A, which is attached hereto and made a part hereof; and WHEREAS, the vendors listed in Addendum A have “beginning dates” upon which they are scheduled to begin providing Youth, Family, and Senior recreational programming services (the “Beginning Dates”), but such Beginning Dates may need to be changed in light of the ongoing COVID-19 public health emergency; and WHEREAS, because the Beginning Dates for certain programs may be adjusted because of the COVID-19 public health emergency, the length of those programs may be altered, and as a result the vendors’ pay must be adjusted by a corresponding amount (the “Pay Adjustments”). NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Supervisor to enter into contracts with the various vendors in Addendum A in such form as approved by the Attorney for the Town, and further authorizes the Supervisor to modify the scheduled Beginning Dates of vendors and make the Pay Adjustments, as may be needed as a result of the ongoing COVID-19 public health emergency. 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 __________ Youth, Family, Adult, and Senior Recreational Program Instructor Payouts -Summer 2021 - Addendum "A" Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Elizabeth Bauld 3803-A Storybook Cooks: Charlie and the Chocolate Factory 7/7/2021 7/9/2021 6:00P-7:00P $49.00/Per Head $38.00/Per Head $11.00/Per Head Storybook Cook 3804-A Storybook Cooks Tweens Camp: Cook Around the World 7/28/2021 7/30/2021 6:00P-8:00P $62.00/Per Head $48.00/Per Head $14.00/Per Head 3515-A Storybook Cools: My Buddy and Me: Classic Stories 7/1/2021 7/1/2021 6:00P-7:00P $18.00/Per Head $15.00/Per Head $3.00/Per Head 3515-B Storybook Cools: My Buddy and Me: Classic Stories 8/18/2021 8/18/2021 6:00P-7:00P $18.00/Per Head $15.00/Per Head $3.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Rich Black 3806-A How Cool is That? 7/12/2021 7/16/2021 9:00A-12:00P $215.00/Per Head $205.00/Per Head $10.00/Per Head LQR Adventures 3806-B Forensic Science & CSI For Kids 7/12/2021 7/16/2021 1:00P-4:00P $215.00/Per Head $205.00/Per Head $10.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Eric Carlin 3524-A Beginner Guitar 6/3/2021 7/8/2021 5:30P-6:15P $60.00/Per Head $50.00/Per Head $10.00/Per Head 3524-B Beginner Guitar 6/3/2021 7/8/2021 6:30P-7:15P $60.00/Per Head $50.00/Per Head $10.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Jennifer Colombo 3526-A Summertime Music & Movement with Miss Jennifer 6/2/2021 6/23/2021 6:05P-6:50P $44.00/Per Head $34.00/Per Head $10.00/Per Head 3526-B Summertime Music & Movement with Miss Jennifer 7/14/2021 8/4/2021 6:05P-6:50P $44.00/Per Head $34.00/Per Head $10.00/Per Head 3527-A Campfire Stories & Songs with Miss Jennifer 8/12/2021 8/12/2021 5:45P-6:45P $10.00/Per Head $7.00/Per Head $3.00/Per Head 3528-A Sensory Friendly Music & Movement with Miss Jennifer 6/2/2021 6/23/2021 5:30P-6:00P $44.00/Per Head $34.00/Per Head $10.00/Per Head 3528-B Sensory Friendly Music & Movement with Miss Jennifer 7/14/2021 8/4/2021 5:30P-6:00P $44.00/Per Head $34.00/Per Head $10.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Randy Crudup 3239-A Tiny Panthers: Kids Karate 6/5/2021 6/26/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head Crudup's Karate Academy 3239-B Tiny Panthers: Kids Karate 7/10/2021 7/31/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 3239-C Tiny Panthers: Kids Karate 8/7/2021 8/28/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 3240-A Panthers: Kids Karate 6/5/2021 6/26/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 3240-B Panthers: Kids Karate 7/10/2021 7/31/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head 3240-C Panthers: Kids Karate 8/7/2021 8/28/2021 10:00A-10:30A $30.00/Per Head $21.00/Per Head $9.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Fast and Fierce Elite 3816-A Fierce Cheer Camp 4-6 yr. olds 7/27/2021 7/30/2021 9:00A-11:00A $55.00/Per Head $45.00/Per Head $10.00/Per Head 3816-B Fierce Cheer Camp 7-12 yr. olds 7/27/2021 7/30/2021 9:00A-1:00P $65.00/Per Head $55.00/Per Head $10.00/Per Head 3816-C Fierce Cheer Camp 13-17 yr. olds 7/27/2021 7/30/2021 9:00A-1:00P $65.00/Per Head $55.00/Per Head $10.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Shelancia Daniel 3800-A Nailed It Inspired "Creative Challenge" Camp 7/5/2021 7/9/2021 9:00A-3:00P $210.00/Per Head $200.00/Per Head $10.00/Per Head The Creativity Shell 3801-A Alice in Wonderland Quilt Camp 7/12/2021 7/16/2021 9:00A-3:00P $210.00/Per Head $200.00/Per Head $10.00/Per Head 3802-A Roblox Costumes and Accessories 8/30/2021 9/3/2021 9:00A-3:00P $210.00/Per Head $200.00/Per Head $10.00/Per Head 3808-A Creative Architecture Birdhouse Challenge 7/26/2021 7/30/2021 9:00A-3:00P $210.00/Per Head $200.00/Per Head $10.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Carol Lang 5302-A Fitness Yoga I 5/4/2021 7/20/2021 8:00A-9:00A $55.00/Per Head - 1 Day wk $95.00/Per Head - 2 days wk $44.00/Per Head - 1 Day wk $76.00/Per Head - 2 days wk $11.00/Per Head - 1 Day wk $19.00/Per Head - 2 days wk 5302-B Fitness Yoga I 5/6/2021 7/22/2021 8:00A-9:00A $55.00/Per Head - 1 Day wk $95.00/Per Head - 2 days wk $44.00/Per Head - 1 Day wk $76.00/Per Head - 2 days wk $11.00/Per Head - 1 Day wk $19.00/Per Head - 2 days wk 5307-A Motion Promotion 5/4/2021 7/20/2021 10:10A-11:10A $50.00/Per Head - 1 Day wk $65.00/Per Head - 2 days wk $40.00/Per Head - 1 Day wk $52.00/Per Head - 2 days wk $10.00/Per Head - 1 Day wk $13.00/Per Head - 2 days wk 5307-B Motion Promotion 5/6/2021 7/22/2021 10:10A-11:10A $50.00/Per Head - 1 Day wk $65.00/Per Head - 2 days wk $40.00/Per Head - 1 Day wk $52.00/Per Head - 2 days wk $10.00/Per Head - 1 Day wk $13.00/Per Head - 2 days wk Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Cyndi Lovejoy 3205-A Camp Fit: Obstacles and Games 7/13/2021 8/3/2021 5:30P-6:15P $45.00/Per Head $35.00/Per Head $10.00/Per Head Stretch and Grow 3206-A Camp Fit: Fitness and Games 7/13/2021 8/3/2021 6:30P-7:15P $45.00/Per Head $35.00/Per Head $10.00/Per Head 3208-A Basic Ballet: A Whole New World 7/8/2021 7/29/2021 5:45P-6:30P $43.00/Per Head $35.00/Per Head $8.00/Per Head 3211-A Mats, Music, and More!7/9/2021 7/23/2021 9:45A-10:30A $31.00/Per Head $23.00/Per Head $8.00/Per Head 3213-A Intro to Dance and Music 7/7/2021 7/28/2021 5:30P-6:00P $42.00/Per Head $34.00/Per Head $8.00/Per Head 3226-A Feel the Beat Hip Hop Basics 7/8/2021 7/29/2021 6:45P-7:30P $43.00/Per Head $35.00/Per Head $8.00/Per Head 3227-A Tiny Tappers 7/7/2021 7/28/2021 6:15P-7:00P $43.00/Per Head $35.00/Per Head $8.00/Per Head 3676-C Playdate at the Park: Bean Bags, Hoops, and Parachutes!7/30/2021 7/30/2021 10:45A-11:45A $9.00/Per Head $7.00/Per Head $2.00/Per Head 3861-A Girl Power! Fitness and Games Camp 7/19/2021 7/22/2021 1:00P-3:00P $68.00/Per Head $55.00/Per Head $13.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Marc Mandell 3220-A Little Kickers Soccer 3-4 yr. olds 7/13/2021 8/3/2021 5:30P-6:00P $46.00/Per Head $35.00/Per Head $11.00/Per Head Icon Production LLC 3220-B Little Kickers Soccer 5-6 yr. olds 7/13/2021 8/3/2021 6:15P-7:00P $52.00/Per Head $40.00/Per Head $12.00/Per Head 3220-C Little Kickers Soccer 7-9 yr. olds 7/13/2021 8/3/2021 7:15P-8:00P $52.00/Per Head $40.00/Per Head $12.00/Per Head 3853-A ROC City Boom Soccer Camp 3-4 yr. olds 6/28/2021 7/1/2021 10:00A-11:00A $55.00/Per Head $40.00/Per Head $15.00/Per Head 3853-B ROC City Boom Soccer Camp 5-6 yr. olds 6/28/2021 7/1/2021 10:00A-11:00A $55.00/Per Head $40.00/Per Head $15.00/Per Head 3853-C ROC City Boom Soccer Camp 7-8 yr. olds 6/28/2021 7/1/2021 10:30A-12:00P $65.00/Per Head $50.00/Per Head $15.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Kate Muratore 3854-A Pee Wee Soccer Camp 7/12/2021 7/16/2021 9:30A-10:15A $58.00/Per Head $45.00/Per Head $13.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Andy Paris 3819-A Tiny Tikes Basketball Camp 8/23/2021 8/27/2021 9:45A-10:45A $55.00/Per Head $40.00/Per Head $15.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Bruce Rehbach 3850-A Quickstart Tennis Camp 7/12/2021 7/15/2021 9:00A-9:45A $55.00/Per Head $41.00/Per Head $14.00/Per Head 3850-B Quickstart Tennis Camp 7/26/2021 7/29/2021 9:00A-9:45A $55.00/Per Head $41.00/Per Head $14.00/Per Head 3851-A Tennis Camp (Beginner & Advanced Beginner)7/12/2021 7/15/2021 10:00A-11:30A $65.00/Per Head $49.00/Per Head $16.00/Per Head 3851-B Tennis Camp (Intermediate & Advanced )7/12/2021 7/15/2021 11:30A-1:00P $65.00/Per Head $49.00/Per Head $16.00/Per Head 3851-C Tennis Camp (Beginner & Advanced Beginner)7/26/2021 7/29/2021 10:00A-11:30A $65.00/Per Head $49.00/Per Head $16.00/Per Head 3851-D Tennis Camp (Intermediate & Advanced )7/26/2021 7/29/2021 11:30A-1:00P $65.00/Per Head $49.00/Per Head $16.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Samantha Richards 3111-A Kickin' It Cardio (Parent&Child)7/8/2021 7/29/2021 5:30P-6:15P $38.00/Per Pair $25.00/Per Pair $13.00/Per Pair 3111-B Kickin' It Cardio (Additional Child)7/8/2021 7/29/2021 5:30P-6:15P $12.00/Per Head $9.00/Per Head $3.00/Per Head 3676-A Playdate at the Park: Dance Party 7/9/2021 7/9/2021 10:45A-11:45A $9.00/Per Head $7.00/Per Head $2.00/Per Head 3676-B Playdate at the Park: Dance Party 7/23/2021 7/23/2021 10:45A-11:45A $9.00/Per Head $7.00/Per Head $2.00/Per Head 5059-A High Energy Cardio Dance 6/7/2021 7/19/2021 6:15P-7:00P $36.00/Per Head $28.80/Per Head $7.20/Per Head 5059-B High Energy Cardio Dance 7/26/2021 8/30/2021 6:15P-7:00P $36.00/Per Head $28.80/Per Head $7.20/Per Head 5317-A Rise and Shine Cardio Dance 6/2/2021 7/7/2021 8:30A-9:30A $36.00/Per Head $28.80/Per Head $7.20/Per Head 5317-B Rise and Shine Cardio Dance 7/21/2021 8/25/2021 8:30A-9:30A $36.00/Per Head $28.80/Per Head $7.20/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Todd Stahl 3805-A Summer Art Spectacular 8/2/2021 8/6/2021 10:00A-12:00P $80.00/Per Head $65.00/Per Head $15.00/Per Head Name Activity Description Beg Date End Date Time Period Program Rate Instructor Rate Amount to Recreation Strikeback Martial Arts 3230-A Jujitsu Buddies Level 1 (AM)7/10/2021 7/31/2021 10:15A-11:00A $90.00/Per Head $81.00/Per Head $9.00/Per Head 3230-B Jujitsu Buddies Level 1 (PM)7/10/2021 7/31/2021 12:15P-1:00P $90.00/Per Head $81.00/Per Head $9.00/Per Head 3231-A Jujitsu Buddies Level 2 7/10/2021 7/31/2021 11:15A-12:00P $90.00/Per Head $81.00/Per Head $9.00/Per Head 3232-A Junior Jujitsu - June Sat.6/5/2021 6/26/2021 9:00A-10:00A $90.00/Per Head - 1 Day wk $124.00/Per Head-2 Days wk $81.00/Per Head - 1 Day wk $111.60/Per Head-2 Days wk $9.00/Per Head - 1 Day wk $12.40/Per Head-2 Days wk 3232-B Junior Jujitsu - June Tues.6/1/2021 6/29/2021 6:00P-7:00P $90.00/Per Head - 1 Day wk $124.00/Per Head-2 Days wk $81.00/Per Head - 1 Day wk $111.60/Per Head-2 Days wk $9.00/Per Head - 1 Day wk $12.40/Per Head-2 Days wk 3232-C Junior Jujitsu - July Sat.7/3/2021 7/31/2021 9:00A-10:00A $90.00/Per Head - 1 Day wk $124.00/Per Head-2 Days wk $81.00/Per Head - 1 Day wk $111.60/Per Head-2 Days wk $9.00/Per Head - 1 Day wk $12.40/Per Head-2 Days wk 3232-D Junior Jujitsu - July Tues.7/6/2021 7/27/2021 6:00P-7:00P $90.00/Per Head - 1 Day wk $124.00/Per Head-2 Days wk $81.00/Per Head - 1 Day wk $111.60/Per Head-2 Days wk $9.00/Per Head - 1 Day wk $12.40/Per Head-2 Days wk 3232-E Junior Jujitsu - Aug. Sat.8/7/2021 8/28/2021 9:00A-10:00A $90.00/Per Head - 1 Day wk $124.00/Per Head-2 Days wk $81.00/Per Head - 1 Day wk $111.60/Per Head-2 Days wk $9.00/Per Head - 1 Day wk $12.40/Per Head-2 Days wk 3232-F Junior Jujitsu - Aug. Tues. 8/3/2021 8/31/2021 6:00P-7:00P $90.00/Per Head - 1 Day wk $124.00/Per Head-2 Days wk $81.00/Per Head - 1 Day wk $111.60/Per Head-2 Days wk $9.00/Per Head - 1 Day wk $12.40/Per Head-2 Days wk 3234-A Strike Back Fitness - June 6/7/2021 6/28/2021 6:00P-6:45P $110.00/Per Head $99.00/Per Head $11.00/Per Head 3234-B Strike Back Fitness - July 7/12/2021 7/26/2021 6:00P-6:45P $110.00/Per Head $99.00/Per Head $11.00/Per Head 3234-C Strike Back Fitness - August 8/2/2021 8/30/2021 6:00P-6:45P $110.00/Per Head $99.00/Per Head $11.00/Per Head 5316-A Adult Jujitsu - June 6/1/2021 6/29/2021 7:00P-8:15P $90.00/Per Head $81.00/Per Head $9.00/Per Head 5316-B Adult Jujitsu-July 7/6/2021 7/27/2021 7:00P-8:15P $90.00/Per Head $81.00/Per Head $9.00/Per Head 5316-C Adult Jujitsu-August 8/3/2021 8/31/2021 7:00P-8:15P $90.00/Per Head $81.00/Per Head $9.00/Per Head Resolution No. 2021 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE CALLING OF A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO ADOPT REQUIREMENTS FOR TOBACCO RETAIL DEALERS AND VAPOR PRODUCTS DEALERS 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 18th of May, 2021 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 Attorneys for the Town Town Board Member ______________________ offered the following resolution and moved its adoption: WHEREAS, at a regular meeting of the Town Board, Town Board Member ___________________ introduced a proposed local law to amend Chapter 235 of the Code of the Town of Irondequoit to adopt requirements—applying on a prospective basis—for tobacco retail dealers and vapor products dealers to restrict such businesses to only those zoning districts allowing retail establishments or retail sales or shops, and to limit the concentration of such business, and the proposed local law is attached hereto as Exhibit A; and WHEREAS, pursuant to Municipal Home Rule §20(5) no local law shall be passed by the Town Board until a public hearing is held. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a public hearing on this matter on July 20, 2021 at 7:35 p.m. 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 (Proposed Local Law) LOCAL LAW NO. __ OF 2021 TO ADOPT ZONING REQUIREMENTS FOR TOBACCO RETAIL DEALERS AND VAPOR PRODUCTS DEALERS Be it enacted by the Town Board of the Town of Irondequoit as follows: Section 1. AMENDMENT TO CHAPTER 235. Chapter 235, Zoning, of the Code of the Town of Irondequoit, is hereby amended to add a new Article, Article XXVII, as follows: ARTICLE XXVII. TOBACCO RETAIL DEALERS AND VAPOR PRODUCTS DEALERS Section 235-177. Legislative Purpose, Intent, and Findings. The Town Board of the Town of Irondequoit hereby intends to limit the sale of tobacco and vapor products on a going-forward basis to only those zoning districts allowing retail establishments or retail stores and shops, and to further limit the concentration of Tobacco Retail Dealers and Vapor Products Dealers within those zoning districts. This act further the goals of New York State’s tobacco use prevention and control program, as identified in New York State Public Health Law § 1399-ii. The Town Board finds that: (a) tobacco is a leading cause of preventable death and disease in New York State; (b) adolescent brains are uniquely vulnerable to the effects of nicotine and the formation of nicotine dependence; (c), tobacco and vapor retail outlet density is associated with high rates of youth and adult tobacco use, as well as higher rates of initiation of nicotine use among adolescents and young adults; (d) tobacco and vapor products usage is linked to an increased incident in cancers and disease and therefore is harmful to the public health, and (d) restricting the sale of tobacco and vapor products to certain zoning districts and reducing the concentration of sale locations will reduce the availability of tobacco and nicotine to Town residents, including adolescents, improving public health and lessening the incidence of various cancers and diseases. Section 235-178. Definitions. When used in this Article, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following words shall have the meanings therein: TOBACCO PRODUCTS means one or more cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, nicotine water or any other tobacco products. TOBACCO RETAIL DEALER means a person licensed by the New York Commissioner of Taxation and Finance to sell cigarettes or tobacco products in New York State. VAPOR PRODUCT means any noncombustible liquid or gel, regardless of the presence of nicotine therein, that is manufactured into a finished product for use in an electronic cigarette, including any device that contains such noncombustible liquid or gel. “Vapor product” shall not include any device, or any component thereof, that does not contain such noncombustible liquid or gel, or any product approved by the United States food and drug administration as a drug or medical device, or manufactured and dispensed pursuant to title five-A of article thirty-three of this the New York Public Health Law. VAPOR PRODUCTS DEALER means a person licensed by the New York Commissioner of Taxation and Finance to sell Vapor Products in New York State. Section 235-179. Regulation of Tobacco Retail Dealers and Vapor Products Dealers. (A) Notwithstanding any provision of the Code of the Town of Irondequoit to the contrary, Tobacco Retail Dealers or Vapor Products Dealers shall be a permitted use in, and only in, any zoning district of Chapter 235 of the Code of the Town of Irondequoit that allows retail establishments or retail stores and shops, not including home occupations, provided that: (1) any part of the property line of the Tobacco Retail Dealer or Vapor Products Dealer business is not located within 1,000 feet from the nearest point of the property line of a school, playground or Child-Care Facility; and (2) any part of the property line of the Tobacco Retail Dealer or Vapor Products Dealer business is not located within 750 feet from the nearest public entrance of one or more existing licensed Tobacco Retail Dealer or Vapor Products Dealer. (B) Where the use in a zoning district for retail establishments or retail stores and shops would require the approval of a site plan by the Planning Board, the consent by the Board of Appeals, a Special Use Permit, or any other approval, such requirement or requirements shall also apply to Tobacco Retail Dealers or Vapor Products Dealers. Section 235-180. Prospective Applicability. The Town Board intends that this Article shall apply on a prospective basis only, and the provisions of this Act shall not apply in the following non-exclusive circumstances: (A) Any Tobacco Retail Dealer or Vapor Products Dealer licensed by the Commissioner of Taxation and Finance prior to the enactment of this Article. (B) Any Tobacco Retail Dealer or agent thereof or Vapor Products Dealer or agent thereof, that has applied for a building permit with the Town of Irondequoit pursuant to Article XVII of Chapter 235 of the Irondequoit Town Code prior to the enactment of this Article. (C) Any Tobacco Retail Dealer or agent thereof or Vapor Products Dealer or agent thereof that has submitted an application for site plan review with the Town of Irondequoit Planning Board pursuant to Article XV of Chapter 235 of the Irondequoit Town Code prior to the enactment of this Article. (D) Any Tobacco Retail Dealer or agent thereof or Vapor Products Dealer or agent thereof that has made an application for a variance with the Zoning Board of Appeals of the Town of Irondequoit pursuant to Article XVIII of Chapter 235 of the Irondequoit Town Code, prior to the enactment of this Article. (E) Any Tobacco Retail Dealer or agent thereof or Vapor Products Dealer or agent thereof that has made an application to the Town Board to amend the Zoning Map of the Town of Irondequoit, pursuant to Section 264 of the New York State Town Law, to a district where the sale of tobacco and vapor are permitted pursuant to Section 3 of this Act, prior to the enactment of this Article. Section 2. Severability. The provisions of this act are declared to be severable, and if a section of this act is held to be invalid, the invalidity shall not affect the other provisions of this act that can be given effect without the invalidated provision. Section 3. Effective Date. This act shall take effect upon its filing with the Secretary of State as required by § 27 of the Municipal Home Rule Law. 9946837_1 Resolution No. 2021 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION DECLARING INTENT OF THE TOWN BOARD TO SERVE AS LEAD AGENCY PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW ACT REGARDING A LOCAL LAW TO ADOPT REQUIREMENTS FOR TOBACCO RETAIL DEALERS AND VAPOR PRODUCTS DEALERS 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 18th of May, 2021 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 Attorneys for the Town Town Board Member ______________________ offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit proposes the adoption of a Local Law to amend Chapter 235 of the Code of the Town of Irondequoit to adopt requirements—applying on a prospective basis—for tobacco retail dealers and vapor products dealers to restrict such businesses to only those zoning districts allowing retail establishments or retail sales or shops, and to limit the concentration of such business (the “Local Law”); and WHEREAS, the adoption of the Local Law is classified as Type 1 Action under the State Environmental Review Act (“SEQRA”) and its accompanying regulations, 6 NYCRR 617.4(b)(2); and WHEREAS, the Town Board has received and completed part 1 of Environmental Assessment Form (“EAF”) dated May 18, 2021, with respect to the adoption of the Local Law; and WHEREAS, the Town Board will notify involved agencies of its intent to serve as lead agency and request consent in accordance with 6 NYCRR 617.6. NOW, THEREFORE, BE IT RESOLVED, that the Town Board declares its intent to serve as Lead Agency and directs staff to circulate notification to involved agencies. This resolution shall take effect immediately upon its adoption. 9946837_1 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 _______ Full Environmental Assessment Form Part 1- Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part lis accurate and complete. A. Project and Sponsor Information. Name of Action or Project: Local Law to Amend Chapter 235 related to tobacco retail dealers and vapor products dealers Project Location (describe, and attach a general location map): Town of Irondequoit (town wide zoning change) Brief Description of Proposed Action (include purpose or need): The Town of Irondequoit proposes the adoption of a Local Law to amend Chapter 235 of the Code of the Town of Irondequoit to adopt requirements — applying on a prospective basis —for tobacco retail dealers and vapor products dealers to restrict such businesses to only those zoning districts allowing retail establishments or retail sales or shops, and to limit the concentration of such business. Name of Applicant/Sponsor: David Seeley Telephone: 585-467-8840 E -Mail: supervisor@irondequoit org Address: 1280 Titus Avenue City/PO: Rochester State: NY Zip Code: 14617 Project Contact (if not same as sponsor; give name and title/role): Kerry Ivers Telephone: 585-336-6022 E -Mail: kivers@irondequoit.org Address: 1280 Titus Avenue City/PO: Rochester State: NY Zip Code: 14617 Property Owner (if not same as sponsor): Telephone: E -Mail: Address: City/PO: State: Zip Code: Page 1 of 13 B. Government Approvals B. Government Approvals, Funding, or Sponsorship. ("Funding" includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Required Application Date (Actual or projected) a. City Council, Town Board, !IYes ■No or Village Board of Trustees Town Board, Adoption of Local Law and SEQRA May 18, 2021 b. City, Town or Village ®Yes ■No Town Planning Board, Referral Response Required NA Planning Board or Commission c. City Council, Town or ■Yes !U No Village Zoning Board of Appeals d. Other local agencies Yes FA No e. County agencies FAYes ■No Monrroe County Planning and Development, 239-M review May 19, 2021 (submission to County) f. Regional agencies ■ Yes FAN° g. State agencies E1Yes FA No h. Federal agencies ❑Yes F4 No i. Coastal Resources. i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? ii. Is the project site located in a community with an approved Local Waterfront Revitalization iii. Is the project site within a Coastal Erosion Hazard Area? • Yes GZINo Program? "i Yes• No • Yes !4 No C. Planning and Zoning C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the only approval(s) which must be granted to enable the proposed action to proceed? • If Yes, complete sections C, F and G. • If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 !►I Yes •No C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action would be located? • Yes !►INo • Yes FA No b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): ■ Yes ,w4 No c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, or an adopted municipal farmland protection plan? If Yes, identify the plan(s): ■ Yes FA No Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. !4 Yes ■ No If Yes, what is the zoning classification(s) including any applicable overlay district? Any district that would permit sale of tobacco products and/or vapor related products includin_g__,C-Business District, M -Manufacturing, Mixed Use Commercial, Waterfront Development District, Ridge Road Planned Redevelopment District, LaSalle's Landing, River Harbor b. Is the use permitted or allowed by a special or conditional use permit? ►4 Yes No c. Is a zoning change requested as part of the proposed action? ■ Yes !4 No If Yes, i. What is the proposed new zoning for the site? C.4. Existing community services. a. In what school district is the project site located? East Irondequoit Central School District, West trondequoit Central School District b. What police or other public protection forces serve the project site? Irondequoit Police Department c. Which fire protection and emergency medical services serve the project site? Ridge Culver FD, Pt. Pleasant FD, Seabreeze FD, Laurelton FD, St. Paul FD, Irondequoit Ambulance d. What parks serve the project site? NA D. Project Details D.1. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? b. a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres c. Is the proposed action an expansion of an existing project or use? ■ Yes MI No i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % Units: d. Is the proposed action a subdivision, or does it include a subdivision? ■Yes ❑No If Yes, i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) ii. Is a cluster/conservation layout proposed? ■ Yes EINo iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e. Will proposed action be constructed in multiple phases? ■ Yes ■ No i. If No, anticipated period of construction: _ months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 f. Does the project include new residential uses? ■ Yes ■ No If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family (four or more) Initial Phase At completion of all phases g. Does the proposed action include new non-residential construction (including expansions)? • Yes ■ No If Yes, i. Total number of structures ii. Dimensions (in feet) of largest proposed structure: height; width; and length iii. Approximate extent of building space to be heated or cooled: _ square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any • Yes • No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i. Purpose of the impoundment: ii. If a water impoundment, the principal source of the water: E 1 Ground water ❑ Surface water streams ❑Other specify: iii. If other than water, identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons; surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? Yes No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i . What is the purpose of the excavation or dredging? ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? • Volume (specify tons or cubic yards): _ • Over what duration of time? iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. iv. Will there be onsite dewatering or processing of excavated materials? ❑Yes❑No If yes, describe. v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? iYes ❑No ix. Summarize site reclamation goals and plan: b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment Yes No into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description): Page 4 of 13 ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: iii. Will proposed action cause or result in disturbance to bottom sediments? ❑Yes❑No If Yes, describe: iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation? ❑ Yes❑No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used, specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: c. Will the proposed action use, or create a new demand for water? ['Yes ❑No If Yes: i. Total anticipated water usage/demand per day: gallons/day ii. Will the proposed action obtain water from an existing public water supply? Yes ❑No If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? 0 Yes❑ No • Is the project site in the existing district? 0 Yes❑ No • Is expansion of the district needed? ❑ Yes❑ No • Do existing lines serve the project site? 0 Yes❑ No iii. Will line extension within an existing district be necessary to supply the project? ❑Yes ❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s) of supply for the district: iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑ Yes❑No If, Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: _ • Proposed source(s) of supply for new district: v. If a public water supply will not be used, describe plans to provide water supply for the project: vi. If water supply will be from wells (public or private), maximum pumping capacity: gallons/minute. d. Will the proposed action generate liquid wastes? ❑ Yes ❑No If Yes: i. Total anticipated liquid waste generation per day: _ _ gallons/day ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): iii. Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? ❑ Yes ❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑ Yes ❑No Page 5 of 13 • Do existing sewer lines serve the project site? • Yes • No • Will line extension within an existing district be necessary to serve the project? ■ Yes • No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? • Yes ■ No If Yes: • Applicant/sponsor for new district: _ • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surface discharge, or describe subsurface disposal plans): vi. Describe any plans or designs to capture, recycle or reuse liquid waste: e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point • Yes • No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non -point source (i.e. sheet flow) during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres (impervious surface) Square feet or acres (parcel size) ii. Describe types of new point sources. iii. Where will the stormwater runoff be directed (i.e. on -site stormwater management facility/structures, adjacent properties, groundwater, on -site surface water or off -site surface waters)? • If to surface waters, identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? • Yes■ No iv. Does proposed plan minimize impervious surfaces, use pervious materials or collect and re -use stormwater? • Yes ■ No f. Does the proposed action include, or will it use on -site, one or more sources of air emissions, including fuel • Yes I• No combustion, waste incineration, or other processes or operations? If Yes, identify: i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, • Yes ■ No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non -attainment area? (Area routinely or periodically fails to meet • Yes • No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application, the project will generate: • Tons/year (short tons) of Carbon Dioxide (CO2) • Tons/year (short tons) of Nitrous Oxide (N20) • Tons/year (short tons) of Perfluorocarbons (PFCs) • Tons/year (short tons) of Sulfur Hexafluoride (SF6) • Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) • _ Tons/year (short tons) of Hazardous Air Pollutants (HAPs) Page 6 of 13 h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, ■Yes No landfills, composting facilities)? If Yes: i. Estimate methane generation in tons/year (metric): _ ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as • Yes ■ No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ■ Yes ■ No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected (Check all that apply): • Morning ■ Evening ■ Weekend • Randomly between hours of to . ii. For commercial activities only, projected number of semi -trailer truck trips/day: iii. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? •Yes • No v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe: vi. Are public/private transportation service(s) or facilities available within %2 mile of the proposed site? • Yes • No vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric ■ Yes ■ No or other alternative fueled vehicles? viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing • Yes ■ No pedestrian or bicycle routes? k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand ■ Yes ■ No for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: ii. Anticipated sources/suppliers of electricity for the project (e.g., on -site combustion, on -site renewable, via grid/local utility, or other): iii. Will the proposed action require a new, or an upgrade to, an existing substation? ■ Yes ■ No 1. Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: • Monday - Friday: _ • Monday - Friday: • Saturday: • Saturday: • Sunday: • Sunday: • Holidays: • Holidays: Page 7 of 13 m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, operation, or both? If yes: i. Provide details including sources, time of day and duration: • Yes • No ii. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? Describe: ■ Yes • No _ n.. Will the proposed action have outdoor lighting? If yes: i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: IN Yes • No • Yes • No ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? Describe: o. Does the proposed action have the potential to produce odors for more than one hour per day? If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures: _ • Yes • No p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s) to be stored 1 Yes ■ No ii. Volume(s) per unit timc (c.g., month, year) iii. Generally describe proposed storage facilities: _ q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, insecticides) during construction or operation? If Yes: i. Describe proposed treatment(s): • Yes • No ii. Will the proposed action use Integrated Pest Management Practices? • Yes • No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal of solid waste (excluding hazardous materials)? If Yes: i. Describe any solid waste(s) to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Yes ■ No • Operation : tons per (unit of time) ii. Describe any proposals for on -site minimization, recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: iii. Proposed disposal methods/facilities for solid waste generated on -site: • Construction: • Operation: Page 8 of 13 s. Does the proposed action include construction or modification of a solid waste management facility? 0 Yes ❑ No If Yes: i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month, if transfer or other non-combustion/thermal treatment, or • Tons/hour, if combustion or thermal treatment iii. If landfill, anticipated site life: years t. Will proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous ❑Yes❑No waste? If Yes: i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: ii. Generally describe processes or activities involving hazardous wastes or constituents: iii. Specify amount to be handled or generated tons/month iv. Describe any proposals for on -site minimization, recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑No If Yes: provide name and location of facility: _ If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E. Site and Setting of Proposed Action E.1. Land uses on and surrounding the project site a. Existing land uses. i. Check all uses that occur on, adjoining and near the project site. (suburban) (specify): (non -farm) • Urban • Industrial • Commercial • Residential • Rural • Forest • Agriculture ■ Aquatic ■ Other ii. If mix of uses, generally describe: b. Land uses and covertypes on the project site. Land use or Covertype Current Acreage Acreage After Project Completion Change (Acres +/-) • Roads, buildings, and other paved or impervious surfaces • Forested • Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) • Agricultural (includes active orchards, field, greenhouse etc.) • Surface water features (lakes, ponds, streams, rivers, etc.) • Wetlands (freshwater or tidal) • Non -vegetated (bare rock, earth or fill) • Other Describe: Page 9 of 13 c. Is the project site presently used by members of the community for public recreation? • Yes• No i. If Yes: explain: d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed • Yes• No day care centers, or group homes) within 1500 feet of the project site? If Yes, i. Identify Facilities: e. Does the project site contain an existing dam? ■ Yes• No If Yes: i. Dimensions of the dam and impoundment: • Dam height: feet __ • Dam length: feet • Surface area: acres • Volume impounded: _ gallons OR acre-feet _ ii. Dam's existing hazard classification: iii. Provide date and summarize results of last inspection: f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, • Yes• No No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? If Yes: i. Has the facility been formally closed? • Yes• • If yes, cite sources/documentation: ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: iii. Describe any development constraints due to the prior solid waste activities: g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin • Yes■ No property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any • Yes■ No No remedial actions been conducted at or adjacent to the proposed site? If Yes: i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site • Yes■ Remediation database? Check all that apply: • Yes — Spills Incidents database Provide DEC ID number(s): • Yes — Environmental Site Remediation database Provide DEC ID number(s): • Neither database ii. If site has been subject of RCRA corrective activities, describe control measures: iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? • Yes• No If yes, provide DEC ID number(s): iv. If yes to (i), (ii) or (iii) above, describe current status of site(s): Page 10 of 13 v. Is the project site subject to an institutional control limiting property uses? • If yes, DEC site ID number: • Yes ■ No • Describe the type of institutional control (e.g., deed restriction or easement): • Describe any use limitations: _ • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? • Explain: ■ Yes ■No E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? feet b. Are there bedrock outcroppings on the project site? If Yes, what proportion of the site is comprised of bedrock outcroppings? % • Yes ■ No c. Predominant soil type(s) present on project site: % % % d. What is the average depth to the water table on the project site? Average: feet e. Drainage status of project site soils: ■ Well Drained: % of site • Moderately Well Drained: % of site • Poorly Drained % of site f. Approximate proportion of proposed action site with slopes: • 0-10%: % of site • 10-15%: % of site • 15% or greater: % of site g. Are there any unique geologic features on the project site? If Yes, describe: • Yes No h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? If Yes to either i or ii, continue. If No, skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, state or local agency? iv. For each identified regulated wetland and waterbody on the project site, provide the following information: • Streams: Name Classification ■Yes■ No ■Yes■No • YesONo • Lakes or Ponds: Name _ Classification • Wetlands: Name Approximate Size • Wetland No. (if regulated by DEC) • Yes ❑No v. Are any of the above water bodies listed in the most recent compilation of NYS water quality -impaired waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired: i. Is the project site in a designated Floodway? ■ Yes ENo j. Is the project site in the 100 year Floodplain? ■Yes ON° k. Is the project site in the 500 year Floodplain? ■YesDNo 1. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? If Yes: i, Name of aquifer: ■ Yes fNo Page 11 of 13 m. Identify the predominant wildlife species that occupy or use the project site: n. Does the project site contain a designated significant natural community? • YesDNo If Yes: i. Describe the habitat/community (composition, function, and basis for designation): ii. Source(s) of description or evaluation: iii. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss (indicate + or -): acres o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as • Yes■ No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of YesDINo special concern? Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? MI Yes II No q. If yes, give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to ■Yes ■No Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? If Yes, provide county plus district name/number: b. Are agricultural lands consisting of highly productive soils present? •Yes ■ No i. If Yes: acreage(s) on project site? ii. Source(s) of soil rating(s): c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National ■Yes ■No Natural Landmark? If Yes: i. Nature of the natural landmark: ■ Biological Community • Geological Feature ii. Provide brief description of landmark, including values behind designation and approximate size/extent: _ d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? • Yes ■ No If Yes: i. CEA name: ii. Basis for designation: iii. Designating agency and date: Page 12 of 13 e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district • Yes• No which is listed on, or has been nominated by the NYS Board of Historic Preservation for inclusion on, the State or National Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: ■ Archaeological Site ■ Historic Building or District ii. Name: iii. Brief description of attributes on which listing is based: f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for • Yes •No archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site? ■ Yes • No If Yes: i. Describe possible resource(s): ii. Basis for identification: h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local • Yes • No scenic or aesthetic resource? If Yes: i. Identify resource: ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers • Yes■ No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? • Yes •No F. Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Nam Kerry Ivers _ Date 5/18/2021 Signature PRINT FORM Jam) Title Director of Community Development Page 13 of 13 1280 TITUS AVENUE • R OCHESTER, NEW YORK 14617 • PHONE: (585) 336 -6017 WWW.IRONDEQUOIT.ORG 9948889_1 FEAF Attachment F The proposed local law will add zoning regulations that restrict the location and concentration of tobacco retailer dealers and vapor products dealers in the Town of Irondequoit. The proposed law furthers the goals of New York State’s tobacco use prevention and control program, as identified in New York State Public Health Law § 1399-ii. The Town Board finds that: (a) tobacco is a leading cause of preventable death and disease in New York State; (b) adolescent brains are uniquely vulnerable to the effects of nicotine and the formation of nicotine dependence; (c), tobacco and vapor retail outlet density is associated with high rates of youth and adult tobacco use, as well as higher rates of initiation of nicotine use among adolescents and young adults; (d) tobacco and vapor products usage is linked to an increased incident in cancers and disease and therefore is harmful to the public health, and (d) restricting the sale of tobacco and vapor products to certain zoning districts and reducing the concentration of sale locations will reduce the availability of tobacco and nicotine to Town residents, including adolescents, improving public health and lessening the incidence of various cancers and diseases. The proposed law will, on a prospective basis, allow tobacco retail dealers and vapor products dealers only in those zoning districts that allow retail establishments or retail stores and shops, not including home occupations. Within those zoning districts, a tobacco retail dealer or vapor products dealer may not be located within 1,000 feet from the nearest point of the property line of a school, playground or Child-Care Facility, and may not be located within 750 feet from the nearest public entrance of one or more existing licensed Tobacco Retail Dealer or Vapor Products Dealer. Potential Impacts In considering the potential impacts this action will have, the Town believes the local law will not have any adverse impacts on the environment. The proposed law is intended to improve public health by limiting the availability of tobacco and vapor products and reduce their concentration and accessibility within the Town’s municipal boundary. 9940494_1 Resolution No. 2021-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING AGREEMENTS WITH ROCHESTER GAS AND ELECTRIC CORPORATION FOR THE PURCHASE OF STREETLIGHTING 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 18th of May, 2021, 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, in 2015, the Governor of the State of New York signed legislation facilitating the sale of streetlighting systems from utility companies to municipalities in order to encourage the transition from existing metal halide lighting technology to light emitting diode (“LED”) street lighting technology; and WHEREAS, LED bulbs are more efficient than metal halide bulbs and therefore upgrading street lights to LED technology improves the environment by reducing reliance on electricity generating facilities, including facilities that burn fossil fuels; and WHEREAS, upgrading streetlights to LED technology reduces the cost of streetlighting by reducing the amount of electricity required and, where streetlights are purchased by a municipality, by eliminating certain fees ordinarily charged by utility companies; and WHEREAS, Rochester Gas and Electric Corporation (“RGE”) owns and has for many years operated and maintained a system of streetlighting poles, luminaires and lamps, mast arms, electrical connections and wiring for streetlights installed throughout the Town (collectively, the “Streetlighting Facilities”); and WHEREAS, pursuant to Resolution No. 2021-___, the Town Board authorized the Town Supervisor to enter into agreements with the Power Authority of the State of New York (“NYPA”) to assist the Town in performing preliminary development, design, and bidding work for a project to purchase the Streetlighting Facilities from RGE and 9940494_1 upgrade them from metal halide bulbs to LED technology (the “Project”), and to pay NYPA fees for performing such work preliminary work; and WHEREAS, the Town and RGE have negotiated the terms of an Agreement for Purchase and Sale of Street Lighting Facilities and a Streetlighting Pole Attachment Agreement (together, the “RGE Contracts”) which would effectuate the sale of the Streetlighting Facilities from RGE to the Town; and WHEREAS, before the Town and RGE may execute the RGE Contracts, RGE must first submit the RGE Contracts to the New York State Public Service Commission, which must consent to the sale and must determine that the sale is in the public interest, a process which may take six months or more; and WHEREAS, the Town Board determines that it is in the best interests of the Town to conduct the Project and to enter into the RGE Contracts, and further wishes to authorize and approve the RGE Contracts, contingent upon the Public Service Commission first approving of the RGE Contracts and the sale of the Streetlighting Facilities to the Town; and WHEREAS, the Town Board determines that the actions contemplated herein, the purchase and upgrading of the Streetlighting Facilities from metal halide technology to LED technology, including the installation of devices to disconnect and isolate the Streetlighting Facilities from RGE’s infrastructure, constitute a Type II action pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and accompanying regulations, 6 N.Y.C.R.R. § 617.5(c)(2) (“replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes unless such action meets or exceeds any of the thresholds . . . .”), (3) (“retrofit of an existing structure and its appurtenant areas to incorporate green infrastructure”), (6) (“street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities”); (13) (“extension of utility distribution facilities . . . in connection with any action on this list”); and (31) (“purchase . . . of equipment . . . .”). NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes and approves of the Agreement for Purchase and Sale of Street Lighting Facilities, substantially in the form annexed hereto as Exhibit A and in final form as approved by the Attorney for the Town, and authorizes the Supervisor to execute such agreement contingent upon RGE first securing approval from the New York State Public Service Commission of the sale of the Streetlighting Facilities to the Town. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board authorizes and approves of the Street Lighting Pole Attachment Agreement, substantially in the form annexed hereto as Exhibit B and in final form as approved by the Attorney for the Town, and authorizes the Supervisor to execute such agreement contingent upon RGE first securing approval from the New York State Public Service Commission of the sale of the Streetlighting Facilities to the Town. 9940494_1 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 __________ 9940494_1 Exhibit A (Agreement for Purchase and Sale of Street Lighting Facilities) 9976737_1 AGREEMENT FOR PURCHASE AND SALE OF STREET LIGHTING FACILITIES THIS AGREEMENT made between ROCHESTER GAS AND ELECTRIC CORPORATION (“RGE” or “Company”), a New York corporation having its principal place of business at 89 East Ave, Rochester, New York, 14649 and the TOWN OF IRONDEQUOIT (the “Town”), a municipal corporation of the State of New York organized under the General Municipal Law and having its principal office for the conduct of business located at 1280 Titus Avenue, Rochester, New York, 14617. WITNESSETH: WHEREAS, RGE owns and has for many years operated and maintained a system of street lighting poles, luminaires and lamps, mast arms, electrical connections and wiring for street lighting installed throughout the Town limits, which facilities are currently installed are hereafter collectively described as the “Facilities”, and WHEREAS, the Town desires to purchase the Facilities and RGE is agreeable to selling the same; and NOW, THEREFORE, in consideration of the mutual covenants herein expressed and other valuable consideration, the sufficiency of which they hereby acknowledge, RGE and the Town agree as follows: 1. Sale of Facilities Subject to the terms expressed below, RGE agrees to sell to the Town, and the Town agrees to purchase from RGE, all RGE’s right, title and interest in the Facilities. An inventory of the Facilities is set forth in Schedule A, which is attached hereto and made a part hereof. While RGE believes Schedule A to be accurate and complete, it may or may not represent the Facilities in its entirety. The parties hereto acknowledge that it is the intent of this Agreement to transfer all of the Facilities to the Town, regardless of whether it is accurately described in Schedule A, and the future invoices for service to the Facilities shall be based upon Schedule A. 2. Contents of the Facilities The Facilities consists of street lighting poles, luminaires and lamps, mast arms, their associated wiring, electrical connections and appurtenances related to the electrical functioning of the Facilities, all as reflected in Schedule A. The Facilities are a separate system isolated, or to be isolated as hereinafter provided, from the RGE distribution system at a number of fuses or switching locations known as disconnect points. 9976737_1 3. Purchase Price The “Purchase Price” shall be Three Hundred, Forty-Eight Thousand, Seven Hundred Fifty-Six Dollars and Zero Cents ($348,756.00 US), which represents the fair market value of the Facilities. The pricing methodology for street light sales is as follows: Net Book Value (“NBV”) of the Facilities totaling $291,846.00 plus 15% Customer Protection Overhead (“CPO”) of $43,777.00 plus a 4.5% administration and general (“A&G”) expenses fee of $13,133. Payment of the Purchase Price shall be made in full by wire transfer to an account designated by Company or by delivery of a certified bank check, without deduction, set-off or counterclaim, prior to the closing date. “Closing” shall occur after RGE obtains approval of this Agreement from the Public Service Commission and no more than 30 days after Customer has completed all requirements and approvals set forth below. 1) Payment of Purchase Price and 2) Provision of Isolation Work Security, as outlined in Section 6. Purchase Price Adjustment The Company shall revise the Purchase Price prior to closing the transaction with the Customer if the NBV of the equipment increases from the NBV that was used to determine the Purchase Price and if that difference exceeds the CPO calculated on the original quoted NBV (“Variance”) as described below: i. If the Variance exceeds the calculated CPO, the Company shall calculate the difference between the CPO and the Variance and shall calculate additional CPO and A&G on that difference. ii. The final closing purchase price shall be re-calculated to include the Purchase Price; plus the Variance and additional CPO and A&G applied to the Variance. For clarity, such Variance would be based on the following: If the increase in NBV is equal to or less than the calculated CPO (purchase agreement NBV * 15%), then there will be no adjustment to the Purchase Price. If the increase in NBV exceeds the calculated CPO, then the Company will calculate the difference between the CPO and the increase and will calculate additional CPO (15%) and A&G (4.5%) on that difference. The final closing price will therefore be re-calculated, and Customer will pay the newly calculated purchase price. Upon the assessment of a Variance, Company shall provide a detailed asset report to Customer at least thirty (30) days prior to closing. 4. Operability of the Facilities RGE has maintained, and currently maintains, the operability of the Facilities in a manner consistent with filed tariff PSC No. 18 – Schedule for Electric Service Street Lighting (“PSC No. 18”). Until the Closing, RGE shall continue its regular program of operating and maintaining the Facilities. 9976737_1 5. Transfer of the System The official transfer of the Facilities shall be deemed to occur as of the date of the Closing (“Closing Date”). RGE represents and warrants to the Town that RGE is the absolute owner of the Facilities free and clear of all liens, charges and encumbrances. At the Closing, all right, title and interest to and in the Facilities shall vest in the Town free and clear of all liens, charges and encumbrances and the Town shall thereafter be solely responsible and liable for the operation, maintenance and condition of the Facilities, except as set forth herein to the contrary. 6. System Isolation a) The Town, at its sole cost, shall isolate the Facilities from the RGE electric distribution system as more fully described below. The Town shall perform isolation work by qualified Town employees or employ a contractor reasonably acceptable to RGE to complete the isolation work. RGE’s acceptance of the contractor retained by the Town shall not be deemed to be an endorsement of the contractor’s qualifications to perform the isolation work, nor shall RGE, by its acceptance of the contractor, assume any liability for claims, third-party or otherwise, that may arise from the performance of the isolation work. b) The isolation work shall utilize fuses and/or switching/disconnect devices in accordance with the National Electric Safety Code, all applicable safety laws, regulations and standards, the applicable RGE electric service tariff and the design standards, processes and procedures agreed between RGE and the Town or its contractors. c) The isolation work shall be completed within twenty four (24) months after the Closing Date. If the isolation work has not been completed within this time period, RGE shall complete the isolation work and bill the Town for all reasonable costs associated with RGE’s performance of the isolation work in accordance with applicable provisions of the relevant tariff. d) On the Closing Date, the customer shall provide the Company with an irrevocable letter of credit or other form of security acceptable to the Company in an amount of Three Hundred Thirty Eight Thousand, Two Hundred Dollars and Zero Cents ($338,200.00 US) (“Security”). Should the customer not provide proof of the installation of the disconnect devices plus any additional isolation work required by SC No. 2, as defined below (“Isolation Work”) on all purchased street lights within twenty four (24) months, the Company shall notify the customer of its intention to perform the Isolation Work on the customer’s behalf. Upon completion of Isolation Work, the Company shall determine its reasonably incurred actual costs of performing such Isolation Work, inclusive of all applicable overheads and shall invoice the customer for such amount. If that invoice is not paid within 30 days, the Company may draw on the Security provided by the customer. If the reasonably incurred actual cost of the Isolation Work exceeds the Security amount drawn, Customer shall pay the Company such amount within 30 days. Once the Isolation Work is 9976737_1 completed and the invoice for the Isolation Work is paid in full by Customer, the Company shall release the Security. Any Isolation Work amounts not paid by Customer will be included in the Company’s bill to the Customer for street lighting service and subject to termination of service if not paid when due. e) The Town shall provide ownership identification of its equipment per the requirements of PSC No. 18, Service Classification No. 2 Street Lighting Service – Energy Only (“SC No. 2”). 7. Pole Attachment Agreement Customer shall enter into a Pole Attachment Agreement with Company which specifies the terms and conditions under which Customer may attach streetlight facilities to Company poles and perform maintenance work on such facilities. The Pole Attachment Agreement must be fully executed by both parties prior to the Closing Date. 8. Service Classification Upon Closing service for all Facilities sold to the Town will be transferred from PSC No. 18, Service Classification No. 1 Street Lighting Service – Available for Existing and New Standard Facilities, and Limited Contiguous Expansion (“SC No. 1”) to PSC No. 18, Service Classification No. 2 Street Lighting Service – Customer-Owned Equipment (“SC No. 2”). Customer also agrees to isolate any Town owned streetlight facilities in accordance with Section 6 above and SC No. 2. 9. Limitation of Warranty a) THE FOREGOING REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF RGE. THE FACILITIES ARE SOLD TO THE TOWN “AS IS” AND “WITH ALL FAULTS”. b) Commencing upon the transfer of the Facilities, the Town shall neither have nor bring any claim, proceeding or action against RGE for damages which it or its contractors or employees sustain after transfer of the Facilities, directly or indirectly, by reason of property damage, personal injury or death arising from the Facilities, its components, or the operation or non-operation of such Facilities and components, save only claims for failure of title under Section 5 above. 4 9976737_1 10. Risk of Loss The risk of loss shall be on RGE until the Closing Date, at which time the Town shall assume all risk of loss of the Facilities and its components. 11. Indemnity The Town shall indemnify and hold harmless RGE from and against all claims, damages, costs, penalties, suits and fees (including reasonable attorneys’ fees) (collectively, “Claims”) to the degree such Claims arise from (1) any use of, or work performed on, the Facilities by the Town or its employees, contractors or agents, after the Closing Date, or (2) the operation and/or maintenance of the Facilities after the Closing Date. RGE shall indemnify and hold harmless the Town from and against all claims, damages, costs, penalties, suits and fees (including reasonable attorney’s fees) (collectively “Claims”) to the degree that such Claims arise from 1) any use of, or work performed on, the Facilities by RGE or its employees, contractors or agents, prior to the Closing Date, or 2) the operation and/or maintenance of the Facilities prior to the Closing Date. 12. Approvals This Agreement shall be subject to approval of the sale by the New York State Public Service Commission in the form of this Agreement. RGE shall apply to the Public Service Commission for such approval within 60 days of execution of this Agreement, and the Town and RGE shall use their best efforts to secure this approval in an appropriate form and timely fashion and to have the same available in time for the scheduled Closing. 13. Taxes RGE shall pay real property or special franchise taxes applicable to the Facilities up to the time of Closing. The Town shall be responsible for applicable taxes for periods thereafter. 9976737_1 14. Notices Except as otherwise provided herein, any notice to RGE hereunder shall be directed to: Jeffrey Rosenbloom – Deputy General Counsel Rochester Gas and Electric Corporation 89 East Avenue Rochester, New York 14649 Any notice to the Town hereunder shall be directed to: Town of Irondequoit Supervisor 1280 Titus Ave. Rochester, New York 14617 15. Survival Any and all undertakings set forth in this Agreement are intended to and shall survive the Closing. 16. Amendment Any amendment of this Agreement shall be in writing and signed by authorized representatives of RGE and the Town. 17. Easements To the extent permitted by law, and subject to the reservation contained herein, RGE hereby assigns to the Town any rights RGE may have under any easement grants that encumber real property upon which any of the Facilities are located and that directly affect the ability of the Town to own and operate the Facilities. RGE hereby reserves any and all rights RGE may have under any easement grants to the extent such easement grants RGE the right to install, maintain, relocate, upgrade, operate, repair and/or replace any facilities other than the Facilities, including, but not limited to, electric and gas distribution and transmission facilities. The Town shall defend, indemnify and hold RGE harmless from and against any and all claims, suits, losses, damages, expenses and/or costs that arise out of any obligations under the easement grants assigned under this Agreement that relate to the Facilities. RGE shall defend, indemnify and hold the Town harmless from and against any and all claims, suits, losses, damages, expenses and/or costs that arise out of any obligations under the easement grants that relate to the rights expressly maintained by RGE and to facilities other than the Facilities. This assignment constitutes a transfer of any rights RGE may have under any easement grants, which rights are being assigned without any warranties whatsoever. Both parties shall execute any and all documents reasonably necessary to give full force and effect to this provision.6 9976737_1 18. Confidentiality Except as, and to the degree, required by law, regulation, order of a governmental authority or order of a court, or upon written consent of the other party, the Town and RGE, and their respective agents, employees, officers, directors, trustees and attorneys, shall keep and maintain this Agreement and all terms and provisions hereof in strict confidence during the term hereo f and shall not transmit, reveal, disclose, or otherwise communicate the substance or any of the terms or provisions of this Agreement to any other person. For the avoidance of doubt, in the event the terms and provisions of this Agreement are the subject of a Freedom of Information Law request or are otherwise required for disclosure under the Public Officers Law, the Town and RGE, and their respective agents, employees, officers, directors, trustees and attorneys, may disclose such information subject to all appropriate exceptions. In the event that the terms of this Agreement are required to be produced in any judicial or administrative proceeding or audit by a governmental agency, RGE and the Town shall each use commercially reasonable efforts to obtain a protective order or agreement in a form satisfactory to both parties before disclosing any of the terms hereof. If disclosure is so required, no consent shall be required, but notice of such disclosure shall be given to the other party prior to such disc losure, or as soon thereafter as possible. No party shall be required to exercise a higher degree of care than exercised with respect to its own proprietary information 19. Litigation To the knowledge of RGE warrants that there is no litigation or proceeding, pending or threatened, against RGE that might reasonably affect the sale of the Facilities at law or equity before any court, licensing authority or governmental agency. 20. Entire agreement This Agreement represents the entire Agreement between RGE and the Town with respect to the sale and purchase of the Facilities. This Agreement supersedes all contemporaneous and prior writings between RGE and the Town with respect to the sale and purchase of the Facilities. 21. Headings The headings of the sections of this Agreement are inserted for convenience only and are not intended to be weighed in construing its meaning. IN WITNESS WHEREOF, RGE and the Town have executed this Agreement as of the dates written opposite their respective officers’ signatures.7 9976737_1 ROCHESTER GAS AND ELECTRIC CORPORATION By: _________________________________________ Name: Carl A. Taylor Title: President and Chief Executive Officer Date: ROCHESTER GAS AND ELECTRIC CORPORATION (Control Signature) By: _________________________________________ Name: Joseph J. Syta____________________________ Title: Vice President, Controller, and Treasurer (Control) Date: TOWN OF IRONDEQUOIT By: ____________________________________________ Name: __________________________________________ Title: ___________________________________________ Date:_____________________________________________ 9976737_1 PROTECTIVE ORDER - ATTACHMENT A ACKNOWLEDGEMENT On behalf of: I acknowledge receipt of a copy of the Purchase and Sales Agreement and the temporary waiver from the application of the Electrical Distribution Construction Standards in relation to the installation of streetlight circuit disconnect devices. I affirm that I have read and understand its terms and provisions. I further certify that I am an authorized representative of such party, and that I have full authority to execute this document. BY: ________________________________ NAME: _____________________________ (Signature) TITLE:________________________________ DATE:________________________________ 9940494_1 Exhibit B (Street Lighting Pole Attachment Agreement) 9976751_1 STREET LIGHTING POLE ATTACHMENT AGREEMENT BETWEEN ROCHESTER GAS AND ELECTRIC AND TOWN OF IRONDEQUOIT NEW YORK Dated: May 20, 2021 9976751_1 STREET LIGHTING POLE ATTACHMENT AGREEMENT THIS AGREEMENT, made as of the 20th day of May, 2021, between ROCHESTER GAS AND ELECTRIC CORPORATION, (hereinafter designated as “RGE”) a corporation organized and existing under the laws of the State of New York, having an office at 89 East Avenue, County of Monroe, State of New York, 14649, and the TOWN OF IRONDEQUOIT, a municipal corporation of the State of New York organized under the General Municipal Law and having an office at 1280 Titus Ave nue, Rochester, New York 14617, hereinafter called “Town” or “Licensee”. RGE and the Licensee are collectively referred to herein as the “Parties” or individually as a “Party.” WITNESSETH: WHEREAS, Licensee for its own use desires to attach and maintain its streetlight equipment, facilities and attachments with necessary guys and appurtenances on RGE Poles; and WHEREAS, RGE is willing to permit, to the extent it may lawfully do so, the placement of said streetlight equipment, facilities and attachments on its Poles as specified herein; and WHEREAS, RGE owns and has for many years operated and maintained an electric distribution system, including street lighting poles, luminaries and lamps, mast arms, electrical connections, and wiring for street lighting installed throughout the Town limits; and WHEREAS, the parties have agreed to the sale from RGE to the Town of facilities and attachments throughout the Town limits, hereafter collectively described as the “Licensee’s Facilities”, which are currently installed on RGE’s Poles; and WHEREAS, it is the agreement of the parties that the Licensee’s Facilities shall continue to be attached to the Poles following the purchase of such Licensee’s Facilities; and NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties do hereby mutually covenant and agree as follows: ARTICLE I DEFINITIONS As used in the Agreement: Section 1.01 “Applicable Laws” mean the federal Communications Act of 1934, as amended (47 U.S.C. § 151 et seq.) and any and all implementing legislation, the law of New York State, New York Public Service Commission regulations, rules, and orders, and Federal Communications Commission regulations, rules, and orders now in effect or as may hereafter be modified or amended to the extent the same relate to pole attachments. Nothing in this definition shall be construed as to limit or affect in any way the Governing Law provisions set forth in Article XI of this Agreement. 9976751_1 Section 1.02 “Attachment” means any of the following: • Equipment mounted in the usable space which precludes that space from being utilized by a single messenger span wire facility. Each preclusion will be counted as a separate attachment. • Equipment mounted in non-usable or other than usable space which precludes that space from being utilized by RGE, a Joint User or another third party. Section 1.03 “Facilities” means streetlight facilities and wires. Section 1.04 “Joint Owner” means any other public utility which shall now or thereafter have joint or shared ownership of any of RGE’s Poles. The term “Joint Owner” shall not include the Licensee. Section 1.05 “Joint User” means any public utility or municipality or any subdivision or agency thereof which shall now or hereafter have the right to use any of Licensor’s poles. The term “Joint User” shall not include licensees with limited attachment rights such as those accorded Licensee hereunder. Section 1.06 “Licensee” shall mean any person, other than a Joint User, who now or hereafter has any attachment or other rights with respect to Licensor’s occupying of said poles. Section 1.07 “Licensee’s Facilities” means the Facilities and all associated equipment and hardware installed for the sole use of the Licensee. Section 1.08 “Make Ready Work” shall mean all work necessary to accommodate proposed attachments of Licensee including but not limited to pre- construction surveys and rearrangements or changes in the Facilities of Licensor, Joint Users or other Licensees. Section 1.09 “Other Than Usable Space” means that space other than the Usable Space (the space above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment) on a pole. Section 1.10 “Pole Attachment” means any of Licensee’s Facilities in direct contact with or otherwise supported by a utility pole, duct, conduit, or right-of-way owned or controlled, wholly or partially, by RGE. Section 1.11 “Rental”, “Rental Fees” and “Pole Rental” means the Pole Attachment Charge as defined in RGE’s Streetlight Tariff. Section 1.12 “RGE’s Poles” or “Poles” means poles wholly or partially owned by RGE. Section 1.13 “Usable Space” means the total space on the utility pole above the minimum grade level that is usable for the attachment of wires, cables, and related equipment. 9976751_1 ARTICLE II GENERAL PROVISIONS (a) Scope of rights. The right granted pursuant to this Agreement to attach and maintain Licensee Facilities is to be exercised by the Licensee subject to any and all governmental regulations now or hereafter in force and in such manner as shall not interfere with RGE’s use and maintenance of RGE’s Poles, wires and property thereon. (b) No assignment. The Licensee shall not in any way assign, transfer, sublet, or encumber this Agreement, nor any of the rights or privileges hereby granted by it, without the prior written con sent of RGE, which consent shall not be unreasonably withheld or delayed. Any attempted assignment, transfer, sublease, or encumbrance without such prior written consent is void. Subject to the foregoing, however, this Agreement shall extend to and bind th e successors and assigns of the parties hereto. In addition, the Licensee shall not, in any manner, extend any of the rights or privileges to access, install, and/or maintain its Facilities on RGE’s Poles granted under this Agreement to any other entity, affiliated or otherwise, without the prior written consent of RGE. (c) Notices. All notice required under this Agreement, shall be made pursuant to this Section. Notice under this Agreement must be in writing and effective at least ten days before the action or non- action by RGE. Notices are effective upon receipt. Notice should be sent to the following addresses: For RGE: Laura B. Read-Siedlecky RGE/RG&E Joint Use of Plant P.O. Box 5224 Binghamton, New York 13902-5224 Copy to: Jeffrey Rosenbloom Deputy General Counsel RGE/RG&E 89 East Avenue Rochester, New York 14649 For Licensee: Town of Irondequoit Town Supervisor 1280 Titus Ave. Rochester, New York 14617 (d) No prior agreements. This Agreement supersedes all previous agreements between the parties for attachment of Licensee’s Facilities to RGE’s Poles. (d) No ownership. No use, however extended, of RGE’s Poles or payment of any fees or charges required under this Agreement shall create or vest in Licensee any ownership or property rights in RGE’s Poles or anchors, and Licensee’s rights therein shall be or remain a mere license. Nothing herein contained shall be construed to compel RGE to construct, 9976751_1 retain, extend, place or maintain any Facilities not needed for its own service requirements, except for rearrangements and replacements covered under Article VII of this Agreement. It is recognized by the Licensee that RGE has heretofore entered into, or may in the future enter into, agreements and arrangements with others not a party to this Agreement regarding the Poles covered by this Agreement. Nothing herein contained shall be construed as a limitation, restriction or prohibition against RGE with respect to such other agreements and arrangements. The attachment privileges herein granted shall at all times be subject to such agreements and arrangements. (f) No waiver. Failure to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. (g) Severability. If any provision of this Agreement is unenforceable under any applicable law or is held invalid, such shall not affect any other provision hereof, and this Agreement shall be construed as if such unenforceable or invalid provision had never been contained herein. ARTICLE III APPLICATION FOR PERMISSION TO ATTACH Forty-five (45) days prior to when the Licensee wishes to make new attachments to RGE’s Poles, the Licensee shall make written application to their respective RGE Streetlight Representative by means of the Streetlight Request Form marked “Exhibit A” or superseding versions, attached hereto, specifying the type of facility and the location of the Poles. RGE will indicate its approval by returning one copy of the Streetlight Request Form to the Licensee bearing its written consent. This written consent will be designated as a “License.” ARTICLE IV RENTAL AND OTHER CHARGES For attachments of Licensee’s Facilities to RGE’s Poles, the Licensee shall pay RGE rental and other changes as follows: (a) Billing Periods: For the attachment of Licensee’s Facilities, a Monthly Pole Attachment Charge, per mast arm, will be charged as defined in RGE’s Streetlight Tariff. . (b) Periodic Inspections and Surveys: If, as a result of a periodic inspection, it is determined that the Licensee has made unauthorized attachments to RGE’s Poles, the Licensee shall pay RGE back rental from the time the attachment was made. If the time of attachment cannot be determined, the Licensee shall pay RGE an amount equal to the annual rate times the number of years since the last periodic inspection, up to a maximum of five years. Periodic inspections, at the 9976751_1 Licensee’s expense, may be performed every five years or less frequently at RGE’s discretion. More frequent inspections may be performed if, in RGE’s reasonable discretion, the Licensee’s performance does not meet prescribed regulatory thresholds. If it is found that Licensee’s attachments do not meet the standards outlined in Article V of this Agreement, then RGE may, at its option, conform the attachments and Licensee is liable for all costs incurred relating to such conforming, notwithstanding the notice provision of Article V(a) of this Agreement. (c) RGE reserves the right to make periodic surveys and inspections of all or any part of Licensee’s Facilities on RGE’s Poles and of any other facilities in the vicinity of Licensee’s Facilities at the expense of Licensee. (c) Make-Ready: Work required to be performed prior to, and because of, attachment of Licensee’s Facilities, including, but not limited to the pre-construction survey, rearrangement of existing equipment, guying and anchoring, pole replacements, construction inspections, and post construction inspections shall be referred to as Make-Ready. Similar work required after initial attachment to a pole shall be referred to as Additional Make-Ready. RGE shall notify the Town of any proposed Make-Ready Work and shall bill the Town for the reasonable actual costs of such work. The Town shall reimburse RGE for Make-Ready work within thirty (30) days from receipt of an RGE invoice or issuance of a Town purchase order to RGE. When RGE employs an outside contractor rather than its own work forces to perform Make-Ready, Licensee shall pay an amount equal to the contractor's fees plus an administration fee to cover the cost of supervision, accounting, and support services. RGE shall make available copies of all written contracts, agreements, understandings, and work orders pertinent to Make-Ready work. (d) Billing Due Dates: Unless otherwise indicated by RGE, all bills for rental and other charges are payable by the Licensee by the due date indicated on the Bill, which shall not be less than thirty (30) days from the Town’s receipt of the invoice. ARTICLE V SPECIFICATIONS (a) Codes and Rules: The Licensee, its agents, employees, servants and contractors, must meet all requirements of the National Electrical Safety Code (NESC), the Occupational Safety and Health Administration (OSHA), RGE Standards marked “Exhibit B” or superseding versions, attached hereto, RGE and other relevant safety standards for proper bonding, grounding, clearances, guying, anchoring and installing of Licensee’s Facilities. The Licensee, its agents, employees, servants and contractors must also meet all local licensing requirements. If Licensee's attachments do not conform to these requirements, RGE may require the Licensee to correct the condition and if the Licensee does not do so after three (3) months’ notice, or such other time period specified in the notice, RGE may perform the work and the Licensee is liable for all reasonable and actual costs thereto. RGE may, at its option, correct the 9976751_1 condition without prior notice to Licensee, and Licensee is liable for all reasonable and actual costs thereto. RGE reserves the right, at all times, to specify the type and methods of design, construction and maintenance of Licensee’s attachments on RGE’s Poles. (b) Inspections: RGE may require the Licensee to advise it, on a day-to-day or week-to-week basis, of the exact locations where Licensee’s Facilities are being constructed. RGE may conduct frequent inspections of Licensee’s construction in progress in lieu of or in addition to traditional post-construction surveys, and at the Licensee’s expense. The costs may be included as part of the Make-Ready billing. (c) Equipment: Prior written permission must be granted by RGE and Joint Owners before the Licensee may attach any equipment to RGE’s Poles. RGE and Joint Owners will determine if the poles are of suitable strength to accommodate the Licensee’s equipment. Requests for such permission, and notice of such permission or denial of permission, must be done in accordance with Article III of this Agreement. ARTICLE VI GOVERNMENTAL AUTHORITY AND EASEMENTS (a) Governmental Authority: Before making any attachments to RGE’s Poles, the Licensee must obtain any necessary permits or consents from federal, state, and/or municipal authorities and shall comply with all laws, rules and regulations. No guarantee is given by RGE of permission by municipalities or others respecting the use of its Poles by the Licensee. (b) Easements: Where RGE has an easement over a public or private right-of- way sufficiently broad under New York State law to permit streetlight attachments, Licensee shall not be required to obtain independent permission of the property owner to attach. Upon request RGE shall make available to Licensee copies of all relevant recorded easements, with the Licensee bearing the cost of providing such information. Where RGE seeks to obtain any necessary permission from a property owner for Licensee's attachments, the fully allocable costs of such efforts shall be paid by the Licensee. Moreover, the Licensee will exercise due care when upon landowners property, and take reasonable steps to inform landowners prior to making any attachments to or tree trimming around RGE’s Poles. No guarantee is given by RGE of permission by property owners respecting the use of any easement. ARTICLE VII INITIAL REARRANGEMENTS AND POLE REPLACEMENTS (a) Make-Ready Defined: Upon receipt of an application for a pole license, RGE will determine the approximate cost of performing the pre-construction engineering, shall notify Licensee of such amount, and shall make appropriate surveys of the Poles listed with a representative of the Licensee, Joint Owner, and any other third parties. RGE shall determine, among other things, whether, in order to accommodate the attachments of the Licensee, any rearrangements or changes are necessary in RGE Facilities or of other Joint Owners or other third parties with attachment rights. In addition, the joint survey shall determine whether any 9976751_1 Poles require strengthening (guying and anchoring), whether any Poles require replacement, and whether the Licensee’s strand and equipment need to be bonded or grounded to RGE Facilities or other users. All such work and other work required in connection with accommodating Licensee’s Facilities, including preconstruction engineering and a post - construction inspection, will be considered as Make-Ready work. (b) Make-Ready Billing: After completion of the pre- construction engineering, RGE will notify the Licensee about all Make- Ready work to be performed. The Licensee shall pay the bill for such work within thirty (30) days from receipt of an RGE invoice or issuance of a Town purchase order to RGE. Licensee is liable for additional costs related to the Make-Ready work incurred by RGE, notwithstanding any prior billing or Make-Ready work already done by RGE. (c) Make-Ready Timing: RGE will meet a reasonable schedule for the performance of Make-Ready work, subject to sixty (60) days’ notice and further subject to the primary priority of power delivery service obligations. If RGE or multiple applications are received from the Licensee or Licensees, requiring more Make-Ready work than can be reasonably handled by the operating office, then RGE shall endeavor to allocate its available work forces, as far as practical, to accommodate the needs of the Licensee or of other Licensees. Once Make-Ready work has been completed, RGE will inform the Licensee, Joint Owner and any other third parties. Applicable Licenses will then be issued. ARTICLE VIII POLE RELOCATIONS AND REPLACEMENTS It is the responsibility of the Licensee to relocate, replace or transfer its facilities in accordance with RGE’s Streetlight Tariff. ARTICLE IX INDEMNIFICATION, INSURANCE AND LIABILITY (a) Damage to RGE: The Licensee shall indemnify, hold harmless, and defend RGE from and against any and all liabilities, losses, damages, costs, suits, judgments, claims, demands, penalties, and expenses of every name and description to which RGE may be subjected arising out of damage to any property, including loss of rights-of-way, property owners’ consents and/or the cost of defending such rights, or injury to or death of any person or persons, directly or indirectly caused by the actions or omissions of the Licensee, or any of its employees, servants, agents, contractors in the course of using, operating, handling, placing, connecting, working on, maintaining, repairing, replacing and/or removing its Facilities covered by this Agreement. (b) Damage to Licensee: If RGE, while exercising due care, in the course of using, operating, handling, placing, connecting, working on, maintaining, repairing, replacing and/or removing its facilities covered by this Agreement, in any way damages the Facilities of the Licensee, RGE shall reimburse Licensee for such direct, documented damages. RGE shall not be liable to the Licensee for any claim for indirect, consequential, exemplary, special, incidental, or punitive damages, including without 9976751_1 limitation, loss of use or lost business, revenue, profits or goodwill, arising in connection with this Agreement, under any theory of tort, contract, warranty, strict liability or negligence. The Licensee shall indemnify, save harmless and defend RGE from and against any and all claims by a subscriber or customer of the Licensee. The total liability of RGE to Licensee shall be limited to direct damages proven by Licensee. Notwithstanding anything to the contrary herein, to the fullest extent permitted by law, RGE shall not be liable, whether arising out of contract, tort, strict liability, or any other cause or form of action, for loss of anticipated profits, service interruptions, or for any special, incidental, punitive, indirect or consequential loss or damages resulting in any way from this Agreement or the performance of the services hereunder, even if advised of the possibility of such damages. (c) The Town is insured and will provide RGE proof of insurance. Upon request, the Town will provide proof of insurance to any Joint Owner. (d) Damage Report: Licensee shall exercise special precautions to avoid damage to Facilities of RGE, Joint Owners, and other third parties, on said Poles; and hereby assumes all responsibility for any and all loss for such damage. Licensee shall make an immediate report to RGE of said occurrence of any damage and hereby agrees to reimburse RGE, Joint Users, and/or other third parties for the expense incurred in making repairs. Force Majeure: Neither Party shall be held liable for any delay or failure in performance of any part of this Agreement, other than failure to pay monies due or owed, to the extent that such failure or delay is caused by acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, pandemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action or other environmental disturbances, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or common carriers, or causes beyond the control of the Party. If any Force Majeure condition occurs, the Party delayed or unable to perform shall give immediate notice to the other Party and shall take reasonable steps to correct the Force Majeure condition. During the pendency of the Force Majeure, the duties of the Parties under this Agreement affected by the Force Majeure condition , other than the obligation to make Rental payments hereunder, shall be abated and shall resume without liability thereafter. ARTICLE X TERM AND TERMINATION OF AGREEMENT (a) Term: This Agreement shall continue in effect for a term of ten (10) years from the date hereof and thereafter until terminated as provided herein. This Agreement, if not previously terminated in 9976751_1 accordance with Article X (b), may be terminated at the end of said time or at any time thereafter by either party giving to the other party at least six (6) months prior written notice. (b) Termination: RGE may terminate the Agreement immediately upon notice to Licensee if RGE is unable to obtain any governmental license, waiver, consent, registration or approval necessary to perform its obligations. If Licensee fails to comply with any of the provisions of this Agreement or defaults in any of its obligations under this Agreement, RGE may, at its option, terminate this Agreement in its entirety, or require the Licensee to remove its attachments from the Pole or Poles involved in the default or non -compliance. Termination of this Agreement does not release or affect in any way any liability or obligation of the Licensee pursuant to the terms of this Agreement and such liability survives the termination of this Agreement. If Licensee fails to remove its Facilities within six (6) months after notice of termination of this Agreement or cancellation of any licenses, RGE shall remove Licensee's Facilities, at Licensee's expense and without incurring any liability for damage to or destruction of said Facilities . Prior to terminating or revoking any license under this Agreement, or the Agreement itself, for whatever cause or purpose, a petition may be brought by either party to the New York Public Service Commission (the “Commission”) requesting the Commission to decide the disp ute. A Commission determination shall be binding on all parties to this Agreement. Removals: Licensee may at any time remove its attachments from any RGE’s Poles and thus terminate this Agreement, but shall immediately give written notice to RGE by means of the Streetlight Request Form substantially in the form of “Exhibit A” attached hereto. No credit or refund of any Rental charges shall be allowed the Licensee on account of such removal. ARTICLE XI GOVERNING LAW This Agreement shall be construed, interpreted and governed in accordance with the laws, ordinances and regulations of the State of New York, without regard to its conflicts of law’s provisions. ARTICLE XII AMENDMENTS This Agreement may only be modified, amended or supplemented by an instrument in writing signed by both parties. ARTICLE XIII SEVERABILITY If any provision of this Agreement is rejected or held to be illegal, invalid or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. If a provision that is rejected or held to be illegal, invalid or unenforceable is material to carry out the intent of this 9976751_1 Agreement, the parties shall negotiate in good faith an amendment to this Agreement to replace the unenforceable language with enforceable language. ARTICLE XIV COUNTERPARTS This agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by the duly authorized officers as of the day and year first above written. ROCHESTER GAS AND ELECTRIC CORPORATION (Business Signature) By: ____________________________________________ Date: ___________________ Carl A. Taylor President and Chief Executive Officer ROCHESTER GAS AND ELECTRIC CORPORATION (Control Signature) By: ____________________________________________ Date: ___________________ Joseph J. Syta Vice President, Controller, and Treasurer (Control) TOWN OF IRONDEQUOIT By: ____________________________________________ Date: ___________________ Title: 9976751_1 EXHIBIT A 9976751_1 EXHIBIT B 1.0 General Notes for Energy Only Street Lighting 1. As per tariff, the customer will be charged for connection and disconnection. 2. The customer will install ownership identification on all Energy Only poles. The identification will be decided upon by the municipality and agreed to by the Compan y. a. The customer will determine a pole tagging convention that is convenient for them and submit it to the Compan y. b. The Company will agree or make changes and work with the municipality to determine a final identification. c. Once the identification is agreed upon, the location will be as follows: i. NYSEG/RGE owned pole – identification will be placed below the NYSEG/RGE pole Identification at a minimum of 5’ above ground. ii. The identification tag should not be more than 3 inches tall by 6 inches wide. 3. The customer shall identify the lamp per ANSI standard C136.15-2009. 4. The NYSEG /RGE approved in-line disconnects are listed in the table below. a) Homac SLK-3A (#14 - #6 str or solid wire) b) Homac SLK-M (#12 - #4 str or solid wire) 5. Conduit shall be rigid galvanized steel or Schedule 80 PVC. 6. Customer to have all work performed by qualified workers following OSHA regulations, the National Electric Safety Code, Compan y specifications and local electrical codes. 2.0 Underground Supplied Fixture From an Underground Service Point 1. The customer will install a pull box within 50’ of NYSEG/RGE’s manhole, handhole or padmount designated as the point of service. 2. The customer will extend a conduit from the pullbox to NYSEG’s/ RGE’s MH/HH/PM. NYSEG / RGE will break into and seal conduit entrance into NYSEG / RGE MH/HH/PM. 3. Customer will supply a 200 lb. nylon pull cord for pulling supply conductors into NYSEG /RGE MH/HH/PM. NYSEG / RGE will assist with the entry in MH/HH/P and pull the rope and leave coiled for future cable pull. Refer to note 5 for cable pulling in NYSEG /RGE MH/HH/PM. 4. Customer will install a current limiting in-line disconnect device in customer H.H. and will supply sufficient length of supply conductors coiled in H.H. to reach center of NYSEG / RGE MH/HH/P. Refer to note 5 for cable pulling in NYSEG / RGE MH/HH/PM. 9976751_1 5. NYSEG / RGE will pull supply conductors into NYSEG / RGE MH/HH/PM and connect. A solid unbreakable connection will be made between NYSEG/ RGE and customer conductors. 6. A tariff option allows a single fixture to be connected directly without a customer H.H. if the pole is within 50’ from the NYSEG / RGE MH/HH/PM and there is sufficient room in base for a current limiting in-line disconnect device and coiled supply conductors. Note: If the customer elects to install an approved direct buried cable, the cable should be left coiled and protected at the outside wall of NYSEG’s/ RGE’s MH/HH/PM. Figure 1: Underground Supplied Fixture from Underground Supply Point 3.0 Underground Supplied Fixture from an Overhead Service Point 1. Customer will install 10’ conduit riser on pole. Metal risers will be installed with appropriate grounds. 2. Location of riser to be directed by NYSEG / RGE. a. Pole identification tags should not be covered. b. Care should be taken to allow room for linemen to climb pole. 3. Customer will install a current limiting in-line disconnect device 5’ above the riser with sufficient cable to reach NYSEG / RGE secondary plus 48”. 4. NYSEG / RGE will make connections to the secondary facility. 9976751_1 Figure 2: Underground Supplied Fixture From Overhead Service Point 4.0 Overhead Supply Point to Overhead Fixture 1. The customer will install conductors and a bonding conductor (#6 copper minimum) of sufficient length plus 48” to reach NYSEG E’s/ RGE’s secondary facilities on the pole. 2. The customer will mount the current limiting in-line disconnect device at the bracket pole plate and connect the bonding wire to the bracket. 9976751_1 3. NYSEG / RGE will make connections to the secondary facility. Figure 3: Overhead Supply Point to Overhead Fixture 5.0 Customer Installed Overhead Conductor to an Overhead Service Point 1. Customer will bring overhead conductor to NYSEG / RGE service point pole and suspend the conductor from a customer installed clevis or the Compan y clevis or service rack if permission is given. The conductor will be of sufficient length to reach NYSEG’s/ RGE’s secondary facilities on the pole plus 48”. 2. Customer will include the current limiting in-line disconnect with the conductor. 9976751_1 3. NYSEG / RGE will make connections to the secondary facility. Figure 4: Customer Installed Overhead Conductor to an Overhead Service Point 9967817_1 Resolution No. 2021- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED AMENDMENT TO TOWN CODE CHAPTER 164 TO PROHIBIT THE USE OF RECREATIONAL MARIHUANA, USE OF COOKING GRILLS, AND OPEN FIRES ON TOWN PROPERTY 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 18th day of May, 2021, 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, at a regular meeting of the Town Board, Town Board Member ___________ introduced a proposed local law relating to amending Chapter 164 of the Town Code to prohibit the use of recreational marihuana, use of cooking grills, and open fires on Town Property, and the proposed local law is attached hereto as Exhibit A; and WHEREAS, in 2018 the Town Board enacted Chapter 164 of the Town Code, establishing regulations for Town Property and prohibiting certain activities, including the use of tobacco and tobacco related products, including cigarettes, vaporizers, or vape pens, except in areas as designated by the Commissioner of Public works or his designee; and WHEREAS, pursuant to Resolution No. 2018-186, the Town Board adopted a negative declaration for the enactment of Chapter 164 of the Town Code pursuant to the New York State Environmental Quality Review Act, determining that such legislation would not have significant adverse environmental effects on the environment; and WHEREAS, the Town Board wishes to amend Chapter 164 to prohibit on Town property the use of recreational marihuana, cooking grills, and open fires such as campfires, in order to promote the public safety, prevent fires, and preserve the integrity and community atmosphere of Town property; and 9967817_1 WHEREAS, pursuant to Municipal Home Rule Law § 20(5), no local law may be passed by the Town Board until a public hearing has been held thereon; and WHEREAS, the actions contemplated for public hearing, specifically, the adoption of a local law to prohibit the use of recreational marihuana, use of cooking grills, and open fires on Town Property, constitute a Type II Action pursuant to the New York State Environmental Quality Review Act and accompanying regulations, 6 N.Y.C.R.R. § 617.5(c) (26) (routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment), (33) (adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list), and therefore further environmental review is not required. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a public hearing on this matter on June 15, 2021 at 7:3__ p.m. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Clerk shall give notice of the hearing by publishing a notice in the Town Newspaper specifying the time when and the place where such hearing will be held, and in general terms describing the proposed local law, such notice to be published once at least ten days prior to the day specified for such hearing. 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 _______ 9967817_1 EXHIBIT A (PROPOSED LOCAL LAW) LOCAL LAW # of 2021 A LOCAL LAW TO AMENDCHAPTER 164 OF THE IRONDEQUOIT TOWN CODE RELATING TO TOWN PROPERTY REGULATIONS Be it enacted by the Town Board of the Town of Irondequoit as follows: Section I. AMENDMENT TO CHAPTER 164. Section 6 of Chapter 164, Town Property, of the Code of the Town of Irondequoit is amended as follows: § 164-6 Regulations. A. Loitering. No person shall, within the hours during which use of Town property is prohibited, except in an emergency, loiter on, congregate on or use any portion of Town property. B. Garbage and rubbish. The deposit of rubbish, garbage, paper, cans and bottles on any Town property, except in receptacles provided for such purpose, is prohibited. C. Beverages. No person shall bring onto any Town property or have in his or her possession thereon any liquor, beer or alcoholic beverage with the intent to consume the same in any open or unsealed container, except for lodges at Camp Eastman, the Octoberfest festival site, and the beer garden at the July 4 celebration, or as otherwise approved by the Commissioner of Public Works. Requests for approval for liquor, beer, or alcoholic beverage consumption on Town property must be submitted, in writing, to the Commissioner of Public Works. D. Disorderly conduct. No person shall use profane language, engage in lewd or licentious acts, engage in any sort of disorderly conduct pursuant to Penal Law 240.20, as amended or changed, or otherwise interfere with the orderly use of Town property by other persons. E. Peddlers and vendors. Public vendors and peddlers shall be excluded from Town property for purposes of selling or distributing any food, ice cream or beverages unless otherwise authorized, in writing, by the Commissioner of Public Works or his or her designee. F. Dogs, cats and other household pets. No person shall bring into, have or keep on Town property any dog, cat, household pets or other animal destructive to wildlife, except dogs or cats are permitted if held in control by a leash. G. Golf. No golf practice or play is permitted on any Town property. H. Skateboarding and rollerblading. All skateboarding and rollerblading is prohibited on Town Hall campus. I. Snow vehicles, ATVs and motorbikes. No person shall ride a snow vehicle, ATV or motorbike upon the lawn on Town property. J. Tobacco and related products. No person shall use any tobacco or tobacco-related products, including cigarettes, vaporizers, or vape pens, on Town property except in areas so designated by the Commissioner of Public Works or his or her designee. K. Firearms. No person, except peace officers of the Town or other law enforcement officers, shall have, carry and/or discharge any pistol, gun, fireworks of any kind or description, switchblade, hunting knife, slingshot, bow and arrow, dagger, metal knuckles or other dangerous weapon or instrument concealed on or about his or her person while on Town property. This prohibition shall not apply to a Irondequoit Bow Hunt Program participant during such time of approved participation pursuant to Chapters 93 and 132 of the Town Code. L. Recreational Marihuana. No person shall use marihuana on Town areas, provided that this shall not apply to the “certified medical use” or marihuana, as defined in Tile V-A of Article 33 of the New York State Public Health Law. M. Open Burning. The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber is not permitted, unless done so in areas designated by the Commissioner of Public Works or his or her designee. Any recreational fire in an area approved by the Commissioner or his designee shall be defined as the outdoor fire burning of materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque put and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height. The provisions of this paragraph shall not apply to road flares, smudge pots, and similar devices associated with safety or occupational uses. N. Portable Outdoor Fireplaces. The use of any portable outdoor, solid fuel burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material is not allowed. This shall apply to portable structures that are open in design as well as those equipped with a small hearth opening and a short chimney or chimney opening in the top. O. Cooking Grills. The use of cooking grills shall be permitted only in areas designated by the Commissioner of Public Works or his or her designee. Section 2. Effective Date. This Local Law shall be effective immediately upon filing with the Secretary of State. Section 3. Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect. Resolution Number 2021- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR THE E.R.A.S.E 2nd ANNUAL JUNETEENTH EVENT At the regular meeting of the Town Board of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 18th day of May, 2021, at 7:00 p.m. local time, there were: PRESENT: David Seeley Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____ offered the following resolution and moved its adoption: WHEREAS, the Town Clerk’s Office received an application from E.R.A.S.E. requesting permission to hold their 2nd Annual Juneteenth Event on Saturday, June 19, 2021 as a celebration; and WHEREAS, the event will be held from 11:00 A.M. to 5:00 P.M. at the Irondequoit Town Hall, 1280 Titus Avenue, Rochester, NY 14617; and WHEREAS, proof of current insurance, which expires on (?), has been reviewed and approved by the Town’s insurance carrier. NOW, THEREFORE, BE IT RESOLVED that the Town Board approves the Special Event License for E.R.A.S.E. to hold its 2nd Annual Juneteenth Event on Saturday, June 19, 2021 from 11 :00 A.M. to 5:00 P.M. at the Irondequoit Town Hall, upon the condition that all affected residents are notified before the event. 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