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HomeMy Public PortalAbout2021.10.19 RTB Packet REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 7:00 PM AGENDA 10-18-2021 6:00 PM—7:00 PM SWEARING IN CEREMONY FOR POLICE OFFICERS PROCLAMATION TO EAGLE SCOUT TOWN HALL MASTER PLAN PRESENTATION PLEDGE OF ALLEGIANCE ROLL CALL SUPERVISOR’S REMARKS & ANNOUNCEMENTS PUBLIC INPUT FINANCIAL REPORT APPROVAL OF MINUTES August 10, 2021 Workshop Meeting (Minutes Tabled from September RTB Meeting) September 8, 2021 Workshop Meeting September 14, 2021 Regular Town Board Meeting ITEMS FOR BOARD ACTION Appointments 10A2021-1 RESOLUTION Authorizing the Permanent Appointment of a Code Compliance Coordinator in the Community Development Department 10A2021-2 RESOLUTION Authorizing the Appointment of a Part-Time Office Clerk IV to the Assessor’s Department 10A2021-3 RESOLUTION Authorizing the Appointment of an Irondequoit Police Officer to a Sergeant in the Irondequoit Police Department 10A2021-4 RESOLUTION Authorizing the Appointment of a Second Irondequoit Police Officer to a Sergeant in the Irondequoit Police Department 10A2021-5 RESOLUTION Authorizing the Appointment of a Third Irondequoit Police Officer to a Sergeant in the Irondequoit Police Department 10A2021-6 RESOLUTION Authorizing the Appointment of a Fourth Irondequoit Police Officer to a Sergeant in the Irondequoit Police Department 10A2021-7 RESOLUTION Authorizing the Reinstatement of a Police Officer into the Irondequoit Police Department 10A2021-8 RESOLUTION Authorizing the Appointment of Three Part-Time Employees for the Irondequoit Community Center Community Development 10A2021-9 RESOLUTION Regarding State Environmental Quality Review Act Compliance Regarding a Special Use Permit to Operate a Gasoline Service Station at 2180 E. Ridge Road in a C-Business District 10A2021-10 RESOLUTION Approving a Special Use Permit for 2180 E. Ridge Road in a C- Business District Comptroller 10A2021-11 RESOLUTIUON Authorizing a Spending Plan for American Rescue Plan Act Funding 10A2021-12 RESOLUTION Calling of a Public Hearing Concerning the 2022 Preliminary Budget 10A2021-13 RESOLUTION Authorizing a Funds Transfer 10A2021-14 RESOLUTION Implementing GASB 84 Human Resources 10A2021-15 RESOLUTION Approving the 2022 Holiday Schedule for All Town of Irondequoit Employees ICAT 10A2021-16 RESOLUTION Authorizing Intermunicipal Agreement for Cable Access Television with East Irondequoit Central School District Police 10A2021-17 RESOLUTION Authorizing the Supervisor to Enter into a Memorandum of Understanding with the Town and the Nightstick Club PBA 10A2021-18 RESOLUTION Authorizing Attendance to the New York State Association of Chiefs of Police/New York State Sheriff’s Association 2021 Leadership Summit 10A2021-19 RESOLUTION Authorizing Attendance to Safariland’s Monadnock Expandable Baton Instructor Course Public Works 10A2021-20 RESOLUTION Authorizing the Supervisor to Enter into a Commencement Date Agreement with Skyview Phase I LLC 10A2021-21 RESOLUTION Authorizing the Capital Improvement Program for the Town of Irondequoit for 2022 through 2027 10A2021-22 RESOLUTION Authorizing the Supervisor to Execute a Quit Claim Deed for the Abandonment of Massasoug Drive 10A2021-23 RESOLUTION Pursuant to the State Environmental Quality Review Act with Respect to Accepting the Dedication of Land for Highway Purposes 10A2021-24 RESOLUTION Accepting the Dedication of Land for Highway Purposes 10A2021-25 RESOLUTION Authorizing the Supervisor to Sign an Agreement for Mapping Software for the Cemetery and Authorizing Budget Transfer 10A2021-26 RESOLUTION Authorizing the Purchase of Ride On Leaf Blower and the Budget Transfer 10A2021-27 RESOLUTION Authorizing Entry into an Intermunicipal Agreement with the County of Monroe 10A2021-28 RESOLUTION Accepting the Recommendations for the Town Hall Master Plan 10A2021-29 RESOLUTION Authorizing an Agreement for Elevator Service 10A2021-30 RESOLUTION Accepting New York State Touring Dollars and the Appropriate Budget Amendment 10A2021-31 RESOLUTION Accepting Funding from the Department of State 10A2021-32 RESOLUTION Authorizing 2021 Tax Levies Resulting from Right of Way Town Code Violations 10A2021-33 RESOLUTION Authorizing the Reconstruction of Existing Sidewalks throughout the Town; Stating the Maximum Estimated Cost thereof is $250,000; and Authorizing the Issuance of up to $250,000 in Serial Bonds of the Town to Finance Said Appropriation 10A2021-34 RESOLUTION Authorizing the Town to Undertake the Reconstruction and Stabilization of Seneca Road and Edgewater Drive in the Town; Stating the Maximum Estimated Cost thereof is $600,000; and Authorizing the issuance of up to $600,000; and Authorizing the Issuance of up to $600,000 in Serial Bonds of the Town to Finance Said Appropriation Recreation 10A2021-35 RESOLUTION Authorizing the 2022 Special Events Calendar Supervisor 10A2021-36 RESOLUTION Pursuant to the State Environmental Quality Review Act with Respect to Entering into a Micromobility Services Agreement 10A2021-37 RESOLUTION Authorizing Entry into a Micromobility Services Agreement 10A2021-38 RESOLUTION Authorizing the Supervisor to Execute Landlord/Owner Waiver Concerning Agreement with Greenlight Networks LLC 10A2021-39 RESOLUTION Adopting a Resolution Providing for the Recording of Town Board Workshop Meetings NEXT WORKSHOP MEETING--TUESDAY, NOVEMBER 9, 2021 @ 4:00 PM NEXT REGULAR TOWN BOARD MEETING--TUESDAY, NOVEMBER 16, 2021 @ 7:00 PM Town of Irondequoit Financial Report Month Ending 9/30/21 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 Percent Percent Original Amended Cumulative, Year to Month End of of Budget Budget Budget Expended Encumb'd Available Year Spent & )6,,ejf- 3p7 , Balance Elapsed Enc'brd 22,424,575 23,757,418 14,635,695 1,372,380 7,749,342 75.0% 674% 61.6% 2,644,413 2,679,213 1,755,724 65.5% 3,266,725 (3,351,747 ?' 1.806,770 53.9% 1,195,444 1,195,918 2 574,021 5,/p59,Sq(O O 48.0% 1,110,531 1,112,231 r') 585,323 61.6% 4,079,490 4,159,676 2,674,137 64 3% 890,394 934,114 396,532 42 5% 150 150 150 100 0% 8,862 8,862 556 6.3% 15,200 15,200 1,850 12.2% 1,135,294 1,135,294 727,993 64.1% 146,450 146,450 96,136 65.6% 36,917,528 38,496,272 23,354,888 D „d- lC) 5 8% 62,560 2.3% 784,979 `` 23.4% 183,407 15 3% 97,854 8.8% 170,691 4 1% 79,349 8 5% 0 0 0% 0 0.0% 0 0 0% 0 0.0% 43,281 29.6% 2,794,501 Percent of Amended Budget Spent Percent of Amended Budget Encumbered Total Percent Spent & Encumbered Tax Levy Sensitive Total Spent + Encumbered REVENUES Fund 001 General: Real Estate Tax Payment In Lieu of Tax Sales Tax Mortgage Tax (001-1001) (001-1081) (001-1120) (001-3005) AIM -Related Payments-NYS (001-2750) Interest Earnings (001-2401) Franchise Cable TV (001-1170) Recreation Program Fees (001-2001) Cemetery Revenues (001-2190/2665) Fines & Bail Forfeitures (001-2610) Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance 60.7% 7 3% 30,641,838 32,096,677 19,457,685 2,501,180 21,958,865 60 6% 7 8% Original Budget 11, 799, 864 267,097 4,762,262 900,000 613,283 20,000 695,000 374,071 94,000 220,400 2,078,598 600,000 Amended Budget 11,799, 864 267,097 4,762,262 900,000 613,283 20,000 695,000 374,071 94,000 220,400 2,103, 598 600,000 Cumulative Receipts Balance Through to be This Month Received 11,799,864 0 269,798 -2,701 2,571,939 2,190,323 271,674 628,326 0 613,283 3,262 16,738 -3,900 698,900 294,297 79,774 151,938 -57,938 73,523 146,877 1,949,416 154,182 600,000 0 22,424,575 22,449,575 17,981,811 4.467,764 32 6% 860,928 32.1 % , f 759,997 22.7% CO 438,490 36, 7% 329,054 29.6% 1,314,848 31.6% 458,233 49.1% 0 0.0% 8,306 93.7% 13,350 87.8% 407,301 35 9% 7,033 4.8% 12, 346, 883 75 0% 75.0% 75 0% 75.0% 75 0% 75.0% 75 0% 75, 0% 75 0% 75 0% 75.0% 75 0% 67.9% 77.3%- 63.3% 70.4% 68.4% 50 9% 100.0% 6.3% 12.2% 64 1% 95 2% 67.9% 10,137, 812 31.6% Percent of Real Estate Tax 65.1% 67.9% 75.0% 68 4% 68.4% Percent of Year Elapsed Percent of Revenue Received 100 0% 101 0% 54 0% 30,2% 0 0% 16.3% -0.6% 78-7% 161.6% 33.4% 92.7% 75.0% 80 1% 73% 2021 Printed on 10/5/2021 Page 1 Town of Irondequoit Financial Report Month Ending 9/30/21 Fund Cumulative Original Amended Receipts Balance Budget Budget as of to be This Month Received 005 Library Real Estate Tax Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance 2,495,508 2,495,508 2,495,508 148,905 148,905 109,253 0 0 0 2,644,413 2,644,413 2,604,761 39.652 0 39,652 0 021, 023, 024 Highway Funds Real Estate Tax All Other Sources Appropriated Fund Balance Total, Revenue & Fund Balance 031 Consolidated San. Sewer District Sewer Service Charges Other Sources of Revenue Appropriated Fund Balance Total. Revenue & Fund Balance 038 Stormwater Drainage District District Service Charges Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance 036 LaSalle Landing Sewer District District Capital Charges Other Sources of Revenue Total Revenue 039 Rock Beach San. Sewer District District Capital Charges Other Sources of Revenue Total Revenue 040 Orland Road San. Sewer District District Capital Charges Other Sources of Revenue Total Revenue 051 Sea Breeze Water District District Real Estate Tax Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance 071 - 098 Lighting Districts District Real Estate Tax Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance 15,200 10,000 1,125,294 0 1,135,294 146,450 0 0 146,450 3,839,758 1,532, 942 200,000 5,572,700 3,931,039 98,451 50,000 4,079,490 817,394 23,000 50,000 890,394 3,839,758 1,532,942 200,000 5,572.700 3,931,039 98,451 50,000 4,079,490 817,394 23,000 50,000 890.394 3,839,758 606,391 200,000 4,646,149 3,931,039 87,189 50,000 4,068,228 817,394 203 50,000 867,597 0 926,551 0 926,551 0 11,262 0 11.262 0 22,797 0 22,797 150 0 150 8,857 5 8,862 15,170 150 0 150 8,857 5 8,862 15,170 30 30 15,200 10,000 1,125, 294 0 1.135,294 146,450 0 0 146,450 150 -1 149 8,857 2 8,859 15,170 5 15,175 10,000 599,805 0 609.805 146,450 82 0 146,532 0 0 3 3 0 25 25 0 525,489 0 525,489 0 -82 0 -82 Summary of Revenues and Appropriated Real Estate Tax Special District Real Estate Tax Sanitary Sewer Service Charges Stormwater District Service Charges Other Sources of Revenue TOTAL Appropriated Fund Balance Grand Total, Revenues and Appropriated Fund Balance Fund Balances 18,135,130 156,450 3,955,216 817,394 12,953,338 36, 017, 528 18,135,130 156,450 3,955,216 817,394 12,978,338 36,042,528 18,135,130 156,450 3,955,216 817,394 6,984,877 30,049,067 900,000 900,000 900,000 0 0 0 0 5,993,460 5,993,460 0 36,917,528 36,942,528 30,949,067 5,993,460 Percent of Real Estate Tax 13-8% 21 2% 100 0% Percent of Year Elapsed Percent of Revenue Received 100 0% 73 4% 75 0% 98.5% 100.0% 39.6% 75 0% 83.4% 100 0% 88.6% 75 0% 99.7% 100.0% 0.9% 75.0% 97.4% 100-0% #DIV/01 75, 0% 99.4% 100.0% 37.0% 75.0% 100.0% 100 0% 15 6% 750% 998% 100 0% 53.3% 75 0% 53.7% 100 0% 75.0% 1001% 100 0% 100.0% 100.0% 100.0% 53,8% 75 0% 83.4% 100.0% 83.8% 2021 Printed on 10/5/2021 Page 2 Town of Irondequoit Financial Report Month Ending 9/30/21 Comparison With Prior Year Period 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 Expenses Percent Percent Percent Percent Percent Percent Percent of Budget of Budget of Budget of Budget of Budget of Budget of Budget Fund Spent & Spent & Spent & Spent & Spent & Spent & Spent & Enc'brd Enc'brd Enc'brd Enc'brd Enc'brd Enc'brd Enc'brd 001 General 66 3% 68.8% 78.2% 69.4% 69.2% 66-2% 67.4% 005 Library 71.9% 74.3% 74.2% 74.3% 73.9% 64.6% 67.9% 021 Highway # 1, Road Impvts. 83 5% 77.6% 87.7% 76 9% 78.9% 78 6% 77.3% 023 Highway # 3, Equipt. Maint. 81 8% 82 8% 166.8% 75.3% 74.9% 78.1% 63.3% 024 Highway # 4, ROW / Winter 76 7% 68.4% 72.8% 74-9% 73 2% 68.9% 70.4% 031 Consolidated Sewer Dist 58 4% 65.2% 81.8% 66.9% 69 3% 67.6% 68.4% 038 Stormwater Drainage Dist. 33.5% 55 8% 49,5% 46 9% 62,2% 65.9% 50.9% 051 Sea Breeze Water District 99.6% 75.0% 65.8% 84.2% 97-4% 64.6% 64.1% 055 Sea Breeze Fire District --- ----- --_ ----- --__ ____ -- 071 - 098 Lighting Districts 100.0% 113.6% 100.6% 100.4% 100.2% 100.2% 95.2% TOTAL Revenues Fund 001 General: Real Estate Tax Payment In Lieu of Tax Sales Tax Mortgage Tax Per Capita State Aid Interest Earnings Franchise Cable TV Recreation Program Fees Cemetery Revenues Fines & Bail Forfeitures Other Sources of Revenue Appropriated Fund Balance 68 5% 69.8% 81.3% 70.5% 71 4% 67 8% 67.9% Percent Percent Percent Percent Percent Percent Percent of Budget of Budget of Budget of Budget of Budget of Budget of Budget Received Received Received Received Received Received Received 100 0% 101 8% 32.1 % 24.9% 100 0% 51 6% 50.6% 81.8% 59.1% 52.9% 78.6% 100 0% Subtotal, General Fund 79.3% Other Funds, "Other Sources" * 100.0% 102.0% 40.1% 24 9% 100.0% 72.3% 53.3% 89,2% 70.3% 44.2% 64 4% 100.0% 100 0% 102,3% 39.1% 20.6% 100.0% 94 9% 50.6% 85 3% 73 7% 52.6% 165.3% 100.0% 79-6% 87 9% 100 0% 102 6% 39 2% 16.5% 100.0% 220 3% 50.0% 94 9% 70 8% 61-2% 193.7% 100.0% 100.0% 101.4% 38.2% 30 5% 0 0% 685 9% -0 5% 91.5% 66.5% 57.4% 77.0% 100.0% 90.3% 74 1% 100.0% 101.1% 31.0% 30 6% 0.0% 130 5% 45 5% 53.7% 70 2% 43.9% 73.7% 100 0% 100.0% 101.0% 54.0% 30.2% 0.0% 16.3% -0.6% 78.7% 161.6% 33.4% 92.7% 100.0% 72 3% 80 1% 005 Library 56.4% 67.0% 65.3% 67 2% 85.0% 41 4% 73.4% 021, 023, 024 Highway Funds 65 0% 67 5% 60.3% 43 4% 35,0% 42.2% 39.6% 031 Consolidated San. Sewer District Sewer Service Charges 100 0% 100.0% 100 0% 100.0% 100.0% 100 0% 100.0% Other Sources of Revenue 109 3% 116 3% 351.7% 121.4% 90 3% 114 3% 88.6% 038 Stormwater Drainage Dist 61 7% 14.5% 110.5% 186.9% 2.8% 418 7% 0.9% 051 Sea Breeze Water District 55 8% 53 6% 54 1% 61.3% 61 1% 56 9% 53.3% 055 Sea Breeze Fire District 071 - 098 Lighting Districts * All Real Estate Tax and Appropriated Fund Balances are 100% received by these funds at the beginning of each year All Funds, Revenues & App FB's _ 84 9% 85 0% 91 0% 90 2% 79 2% 79.2% 83.8% 2021 Printed on 10/5/2021 Page, Town Board Meeting Notes — September 2021 The 2021 financial results as of September 30th: 75% of the year has elapsed and the Town's total expenses (actual expenditures + encumbrances) of $ 26,149k are lower than budget at 67.9%. Actual expenses are $ 23,355k (60.7% of budget) & encumbrances are $ 2,795k (7.3% of budget). Typically, encumbrances are still sizable at this point in the year, as departments continue to commit to services, supplies, and commodities that will be needed for the remainder of the year. The General Fund total expenses of $ 16,008k are below budget at 67.4%. The actual expenditures total $ 14,636k (61.6% of budget) and encumbrances are $ 1,372k(5.8% of budget). Overall, the total expenses of the 3 Highway Funds are $ 4,132k, or 73.0% of budget —below the 75% of the year that has elapsed. Actual expenditures are $ 3,066k (54.1% of budget) and encumbrances total $ 1,066k (18.8% of budget). The costs continue to be driven by considerable expenses and encumbrances for gas, fuel, road salt, equipment parts, and road paving. The Library expenditures are lower than budget at 67.9%—a year-to- date total of $1,818k. Expenses in the Sewer Fund of $2,845k are below budget at 68.4%. Actual expenditures are $ 2,674k (64.3% of budget) and encumbrances are $171k (4.1% of budget). Stormwater Drainage expenses are approximately 50.9% of budget —a total of $476k. The General Fund has received revenue of $ 17,982k-80.1% of budget. Real 1 estate tax of $11,800k has been collected. 101.0% of the Payment In Lieu of Tax revenue of $269k is in. The Town has recorded 5 months of Sales Tax revenue in the amount of $2,572k (54% of budget); Mortgage Tax for the first quarter of $271 k has been received (30.2% of budget). Aid & incentive to municipality revenue of $ 613k is scheduled for payment in December. Regarding the entire Town: $30,949k or 83.8% of revenue and appropriated fund balance has been received to -date; approximately $18,135k is from real estate tax. At month -end, the Library had confirmed revenue of $2,605k — 98.5% of budget. 83.4% or $4,649k of revenue has been received by the Highway. 99.7% of the Sewer Fund revenue or $4,068k has been received. Stormwater Drainage has verified 97.4% of its budgeted revenue —$868k. Page 3 of this report presents the third quarter year-to-date summary and comparison to the prior 6 years. As a reminder, the 2017 percentages include fire -related activity. Regarding expenditures by Fund —which are shown on the top third of the page: The overall 67.9% of total budget spent and encumbered is similar to prior 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; the last line reflects the bottom -line collective revenue and appropriated fund balance for the Town. The 2021 General Fund revenue reflects 80.1% of budget received to date, Higher than the 2 prior years. The third quarter 2019 revenue was lower than prior years as Aid & incentives to municipalities --State Aid payment was rescheduled 2 from September to December. The 2020 revenue was reduced as a result of the COVID pandemic. The revenue and appropriated fund balance for the Town as a whole is 83.8%, which represents an increase from the prior 2 years. The Highway and Sewer funds are performing on par with prior years, while the Drainage fund lag behind prior years results from the timing of equipment sales. In addition to the operating revenue discussed above, American Rescue Funds of $11,227,458 (about half of the Town's total estimated award) were received in May. The use of this funding is restricted for the response to and relief of COVID-19 and can be used to cover costs incurred through December 31,2024. A special revenue fund has been established to account for these funds. This concludes my financial report for the month of September 2021. 3 WORKSHOP MEETING AUGUST 10, 2021 131 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 10th day of August 2021 at 5:00 P.M, there were: PRESENT: John Perticone Patrina Freeman Kimie Romeo Peter Wehner Councilmembers Harter Secrest & Emery, LLP Attorney for the Town Others in attendance included Chief of Police Alan Laird, Comptroller Diana Marsh, Director of Community Development Kerry Ivers, Director of Recreation Katrina Hall, Communication Assistant Mike Moss, Director of Human Resources Jason Vinette, Director of Administration Maria Vecchio and Town Clerk Genier. Acting Supervisor Perticone called the meeting to order, Pledge was said, and Town Clerk Genier called Roll. REVIEW OF AGENDA ITEMS FOR AUGUST 17, 2021 RTB MEETING: Financial Report: Comptroller Diana Marsh reviewed the financial results for the Town as of July 31, 2021. Total expenses and encumbrances are 57.6% of budget or $21,845,516, which is slightly below the 58.3% of the year that has elapsed. Actual expenses are $18,562,639 or 48.9% of budget; encumbered expenses total $3,282,877 or 8.6% of budget. Encumbrances represent commitments for services, supplies and commodities that will be needed during the year. The General Fund Expenses are at 56.8% of budget or $13,215,755. Actual expenditures are $11,742,258 or 50.5% of budget and encumbrances are $1,473,497 or 6.3% of budget. General Fund encumbrances include installment debt for equipment leased by the Solid Waste, Tree Program and Parks Departments, Information Technology projects and services, attorney fees and other contracted expenses throughout the Town. Additionally, the 2021 projected, but unexpended, energy costs of the General Fund Street Lighting account are included. Expenses in the Highway Funds are $3,703,282 or 65.4% of budget, which is higher than the 58.3% of the year that has elapsed. Actual expenses within the Highway funds are 39.8% of budget or $2,256,496 and encumbrances of $1,446,786 account for the remainder. The costs result from substantial expenses and encumbrances for gas, fuel, salt, paving services and materials and equipment parts. Expenses in the Library are below budget at $1,478,730 or 55.9%. Included in this amount is a bond payment of $621,000 for principal and interest for the Consolidated Library. The Sewer Fund expenses are 56.6% of budget, equating to $2,354,898. Actual expenses total $2,171,430 or 52.2% and encumbrances total $183,468 or 4.4% of budget. Expenses in Stormwater Drainage total $409,865 (43.9%) of budget. Actual expenses total $320,162 (34.3%) while encumbrances account for 9.6%. Actual expenditures, excluding encumbrances, for the entire Town, as well as each of the Town’s three major funds, are below the 58.3% of the year elapsed. Actual Town-wide expenses represent 48.9% of budget while actual expenses for the General Fund are 50.5%, Consolidated Highway Fund—39.8% and Sewer Fund—52.2%. The General Fund Revenue received is $15,327,909 or 68.3% of budget. At the end of July, the Town received $11,799,864 in real estate tax--100% of budget. PILOT (Payment in Lieu of Tax) revenue has been received at 91.7% or $244,798. The 1st quarter Mortgage Tax of $271,674 has been received and that revenue is at 30.2%. Mortgage Tax for the 2nd and 3rd WORKSHOP MEETING AUGUST 10, 2021 132 quarters is expected in December. Two months of Sales Tax of $896,486 has been recorded. 2nd quarter receipts are anticipated in August. Other Sources of Revenue are at 51.9% which includes $188,000 in property tax interest. Other major revenue items are expected later in the year, including Franchise fees (generally received in September) and AIM (Aid and Incentives for Municipalities) is expected in December. Regarding the Entire Town: $28,160,117 or 76.2% 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 $2,588,758 or 97.9% of its budgeted revenue. The Highway has received 81.7% or $4,552,623 of its budgeted revenue. 99.7% or $4,065,253 of the Consolidated Sanitary Sewer District revenue has been received. Stormwater Drainage recorded 97.4% or $867,572 of its budgeted revenue. In addition to the operating revenue discussed above, American Rescue Funds of $11,227,458 (about half of the Town’s total estimated award) were received in May. The use of this funding is restricted for the response to and relief of COVID-19 and can be used to cover costs incurred through December 31, 2024. A special revenue fund has been established to account for these funds. Approval of Minutes: Minutes from the following meetings to be approved: July 6, 2021 Special Workshop Meeting, July 13, 2021 Workshop Meeting, and July 20, 2021 Regular Town Board Meeting. Public Hearing: There will be one public hearing on the matter of granting a special use permit for 2180 E. Ridge Road in a C-Business District. This property was formerly the East Branch Library; it was sold at auction to Bryne Dairy to operate a new Byrne retail store with fueling facility. A special use permit is required for the fueling station. Following the review of the short Environmental Assessment Form, it was found that the proposed action will not result in any significant adverse environmental impacts. The project is a permitted use in the C-Business District zone. Appointments: There are eight (8) appointments to be voted on. The first appointee is Arthur Vasile as a part-time Court Attendant. The Court is short staffed and in need to fill this part-time position. The second resolution approves the appointments of multiple part-time employees for the new Irondequoit Community Center. Director of Human Resources noted that there was a lot of interest in these positions. The third resolution would appoint Amy Voelkl and Charlaine Trubia as school traffic guards in the Irondequoit Police Department. This is a non-competitive Civil Service position and these appointees will not have to take an exam. The rate of pay is $12.50 an hour and raising that rate to $15/hr. will be looked into. The fourth resolution would provisionally appoint Stephanie Malara as a full-time real property appraiser in the Irondequoit Assessor’s Office. Ms. Malara will have to take the next Civil Service exam and score within the top three to remain in the position. The fifth resolution would appoint Annalisa Rogers as a full- time Provisional Senior Planner in the Building/Code Enforcement Departments. Director of Community Development Kerry Ivers noted that her Department is short-staffed and there is a need to fill this position. This is a provisional appointment; Ms. Rogers will have to take the next Civil Service exam that is held and score within the top three to remain in the position. The sixth resolution would appoint Alan Laird to the permanent position of Chief of Police. Chief Laird has taken and passed the Chief of Police Civil Service exam and scored within the top three examinees. The seventh resolution authorizes the appointment of Mary Ellen Toohey as a part- time Office Clerk IV in the Assessor’s Office. This is a budgeted expense. The eighth resolution would appoint Francis L. Gorman to the Zoning Board of Appeals for a term to expire December 31, 2027. This position is vacant due to a member’s resignation. Mr. Gorman was recently appointed as an Alternate Member of the Zoning Board WORKSHOP MEETING AUGUST 10, 2021 133 and is now elevated to member. Vacancies now exist for Alternate Members on both the Planning and Zoning Boards. Community Development: Director of Community Development Kerry Ivers reviewed two (2) resolutions on the matter of approving an application to rezone Tax ID Nos. 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. A public hearing was held on this matter on May 18th and the public hearing was closed at the June 15th Town Board meeting. The Town Board members discussed this matter and had several questions. If the Board denies the application to rezone, the applicant has to wait a year before reapplying. The proposed development is for four buildings with two units in each. It is a high-density development. Councilmember Wehner commented that the proposed site is landlocked and why rezone the site if it is undevelopable. Eight homes is not consistent with the character of the area. Access to the lot is questionable. Director Ivers will speak with the applicant and direct these concerns to him. Residents in the area are not in favor of this development. Comptroller: Comptroller Diana Marsh reviewed two (2) resolutions. The first resolution authorizes an agreement with The Bonadio Group for consulting services. Comptroller Diana Marsh stated that a Request for Proposals was issued on June 15th and the Town received three proposals. The Bonadio Group was recommended to provide services at an hourly cost of $340, with a $10,000 retainer due upon commencement of the contract. She explained that the American Rescue Plan Act (ARPA) was signed into law on March 11th to support governments in responding to COVID-19. The Town was awarded approximately $22.85 million as part of the ARPA. The Bonadio Group will assist with the management of these funds to ensure federal guidelines are met. The second resolution authorizes a fund balance transfer to finance the new Community Center. Comptroller Marsh explained that the Town Board authorized the construction and equipping of the new community center with a maximum cost appropriation of $9,500,000. The approved financing plan for this project consists of $2,250,000 in current funds and issuance of $7,250,000 in serial bonds. The Town Board must authorize a fund balance transfer from the General Fund to Capital Project Fund-Community Center, in an amount not to exceed $2,250,000. Human Resources: Director of Human Resources Jason Vinette reviewed one (1) resolution that would approve the adoption of Paid Parental Leave Policy. Director Vinette explained that this new policy will provide up to eight weeks of paid parental leave to employees following the birth of an employee’s child or the placement of a child with an employee in connection with adoption or foster care. The employee must have been employed for a year to be eligible. This policy is for non-represented employees at this time. Information Technology/ICAT: Communication Aide Mike Moss reviewed one (1) resolution concerning the award of a bid for a HD Multimedia Playback System to be used by Irondequoit Cable Access Television. This is an upgrade to the Town’s equipment. Mr. Moss explained that a public bid opening was held on August 2, 2021 and two bids were received. The lowest responsible bidder was TelVue Corporation with a bid of $68,962.50 Minimum, not to exceed $100,000. Funding for this bid is available in the General Fund balance and will be transferred to ICATV New Equipment in the minimum amount of $68,962.50, not to exceed $100,000. WORKSHOP MEETING AUGUST 10, 2021 134 Police: Police Chief Alan Laird reviewed one (1) resolution authorizing the purchase of two (2) 2022 Ford Utility Police Interceptor AWD vehicles and the associated budget transfers. Chief of Police Alan Laird stated that it is necessary for his Department to purchase these two vehicles and to transfer funds from the Police Fuel Charge-Back Expense Account to Police Vehicles. Recreation: Director of Recreation Katrina Hall reviewed seven (7) resolutions. The first resolution authorizes the Supervisor to enter into a Group Ex Instructor Payment Structure. She stated that the Town wishes to contract with many different group exercise (“Group Ex”) instructors to provide group exercise programs at the new Irondequoit Community Center. Each of the Group Ex instructors will be an independent contractor. The Group Ex programs are paid for with fees received from participants and the classes are offset by health insurance reimbursements. The second resolution authorizes amendments to various contracts with vendors for youth, family and senior recreational programming for summer 2021. The Town Board authorized the Supervisor to enter into contracts with vendors at the July 20th Town Board meeting. This resolution amends the previous contracts in order to add instructors. The third resolution authorizes an agreement with CardConnect, LLC for additional credit card services account for the Recreation Department. The Town entered into an agreement for credit card payment services in October 2020 and wishes to use the installment billing for memberships and this requires an additional account. Funding is available in the Town budget for this expense. The fourth resolution amends the membership rates for the new Irondequoit Community Center. This is being done to include a Group Exercise membership option to the fee schedule. The fifth resolution authorizes the Supervisor to enter into a contract with referees for fall 2021 Women’s Soccer League. The Town seeks to contract with All Sport Assigning/Francisco Marino in the amount of $50/game ($1,050/season) to be paid in two payments of $525 (last payment includes additional $100 End of Season Administration Payment). The sixth resolution authorizes the lease of a blood pressure machine for use in the Irondequoit Community Center. Director Hall stated that she obtained three quotes, the lowest of which was from NYBP, Inc. in the annual amount of $1,908. The seventh resolution authorizes entering into a contract with Tivity Health for the new Irondequoit Community Center. Director Hall explained that the Town wishes to enter into contracts with multiple insurance companies for reimbursement in lieu of membership fees for those people with qualifying insurance. She has collected and reviewed the contracts from the insurance companies and recommends entering into a contract with Tivity Health. This will be the last health contract coming before the Town Board for insurance reimbursement of membership fees. Director of Community Development Kerry Ivers presented two (2) new resolutions to be added to the August 17, 2021 agenda. The first resolution is regarding State Environmental Quality Review Act Compliance for a Local Law to amend Chapter 235 of the Irondequoit Town Code. The second resolution would adopt the proposed local law adopting requirements for tobacco retail dealers and vapor products dealers, restricting such businesses to only those zoning districts allowing retail establishments or retail sales or shops, and to limit the concentration of such businesses. ITEM FOR BOARD ACTION: 8WS2021-1 RESOLUTION Approving the Special Event License for the 10th Annual Rochester Area Triathletes (RATs) and Wolfpack Multisport Triathlon On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the Special Event License to conduct the 10th Annual WORKSHOP MEETING AUGUST 10, 2021 135 Rochester Area Triathletes (RATs), Inc. and Wolfpack Multisport Triathlon on Saturday, August 21, 2021 from 5:30 a.m. to 11:30 a.m., upon the condition that RATs notify all affected residents before the event. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution No. 2021-193 PRESENTATION BY PAUL BISHOP RE: EMERGENCY MEDICAL SERVICES Paul Bishop, the Project Director of CGR Inc, presented an analysis of Emergency Medical Services in Irondequoit, along with an overview of existing conditions and options for the future. Mr. Bishop gave a brief summary of Irondequoit’s emergency medical services system. There are five fire districts, an independent non-profit ambulance service and a commercial ambulance service that provide service to the 50,000 residents of Irondequoit. The Town has three separate EMS systems: Irondequoit Ambulance (IA), servicing the eastern two thirds of the Town; St. Paul Boulevard Fire District (SPBFD); and the Sea Breeze Fire District (SBFD). There are about 20 calls for an ambulance dispatched by 911 each day in Town; 72% are in IA’s areas, 26% in SPBFD, and only 2% in Sea Breeze. Mr. Bishop addressed a number of factors that need to be addressed in the near future: • A tight labor market for career paramedics and emergency medical technicians (EMTs); • A decline in the availability of volunteer EMTs; • A substantial increase in demand for mutual aid from the City of Rochester; • Stagnant reimbursement rates; • Increasing costs for labor, vehicles and medical supplies; and • Aging population and a growth in the older population. Irondequoit Ambulance: Serves the eastern portion of Town and provides primary advanced life support response to SBFD. IA is authorized to provide service in the SPBFD as well and often responds to the City of Rochester, Webster and Brighton. IA has a staff of 42 full- and part- time employees. Sea Breeze Fire District Ambulance: Sea Breeze operates a basic life support ambulance on a fully volunteer basis. The ambulance is funded through the District’s tax levy. About $24,000 per year goes toward ambulance operations from their budget. SBFD responds to about 12 ambulance calls every month. St. Paul Blvd. Fire District & Monroe Ambulance: SPBFD has contracted with Monroe Ambulance to provide primary ambulance services to all calls in the district since 2008. Monroe provides the majority of the state-required EMS training. Monroe is not paid by St. Paul; it is compensated based on patient charges. SP is funded almost entirely by a property tax levy. Calls to SP range from 5 to 5.5 calls per day. Mr. Bishop summarized the options for Irondequoit and EMS. The Town can remain status quo. If IA were to discontinue operations, it is unclear who would provide EMS in Irondequoit. The Town most likely would contract with an EMS service that already has an operating certificate for the Town. The Town could choose to create an Ambulance District that could be for the whole Town or for a portion of the Town. Another option would be for the Town to directly WORKSHOP MEETING AUGUST 10, 2021 136 provide EMS, but this is rarely done. In this case, the Town would create a department to provide ambulance service. This would be an expensive option as the Town would have to hire full-time employees, ambulances and other equipment. The least expensive option for the Town would be status quo, but the Town Board would have no Control over how EMS is provided in Irondequoit. The most expensive option for the Town is to Provide EMS directly and have the most control over providing EMS. There would be substantial startup costs but the Town would be able to recoup most costs through billing. The option for the Town that provides control at a minimal expense to the property owners is through a contract for EMS services. The Board members thanked Mr. Bishop for the presentation. Councilmember Romeo, who is up for re-election this year, stated that she has been knocking on doors, talking to residents and listening to their concerns, ideas, comments. While speaking with residents, she was asked the following questions with regard to I-CARE: 1. Are there meeting minutes or quarterly reports from I-CARE? 2. Is there a budget (current and/or projected) for I-CARE? 3. When will I-CARE be giving a public presentation to address goals, objectives and accomplishments of I-CARE that tax dollars are paying for? ***The next Town Board Workshop is Tuesday, September 14, 2021 @ 4 PM*** ***The next Regular Town Board Meeting is Tuesday, September 21, 2021 @ 7 PM*** On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the Workshop Meeting was adjourned at 6:28 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk Page 1 of 2 Amendments to Town Board Workshop Minutes dated August 10, 2021 PART I: BACKGROUND A. Minutes as they Currently Stand B. Action Taken by Me to Move to Amendment Minutes and What Resulted During the next scheduled Regular Town Board Meeting held on Tuesday, September 14, 2021, I made a motion to amend the above listed minutes, I gave the following statement with supporting reasons: I make a motion to amend the Town Board Workshop Meeting Minutes dated Tuesday, August 10, 2021. My reason for amending the minutes is two-fold: Page 2 of 2 First, the statement that Councilwoman Kimmie Romeo stated that “residents have submitted FOIL request to ICARE to get this information and was told they couldn’t” is not reflected anywhere in the current minutes. Second, the statement of my reply to Councilwoman Kimmie Romeo after she read two questions regarding the ICARE Commission is also not reflected anywhere in the current draft of the minutes. My reply, whi ch is missing, was as follows: “These two questions presented today about the ICARE Commission were both asked by Mrs. Romeo and answered by me during a presentation on ICARE (one in which she pressed then Supervisor Dave Seeley for) held at the Town Board Workshop meeting dated Tuesday, June 8, 2021.” While the motion I made to amend the Town Board Workshop Minutes dated August 10, 2021, was seconded by Councilman Peter Wehner, it was eventually tabled until the next Regular Town Board Meeting, which is scheduled for Tuesday. October 17, 2021, at 7:00 pm, and on contingency that I first provide my amendments in writing for to all Town Board Members. PART II: My Amendments in Written Form for Franks Review (Please note: Since the last Regular Town Board Meeting on Tuesday, September 14, 2021, I have listed an additional amendment to the Workshop Meeting dated Tuesday, August 10, 2021. It is recorded below as Amendment 3.) Amendment 1: After question #1 the following statement said by Councilwoman Kimmie Romeo needs to be added to said minutes, as follows: “Residents have submitted FOIL request to ICARE to get this information and was told they couldn’t.” Amendment 2: Immediately after Councilwoman Romeo asked her second of two questions, the following reply from me needs to be recorded in the minutes as follows: “These two questions presented today about the ICARE Commission were both asked by Mrs. Romeo and answered by me during a presentation on ICARE (one in which she pressed then Supervisor Dave Seeley for) held at the Town Board Workshop meeting dated Tuesday, June 8, 2021.” Amendment 3: What is now recorded in the minutes as question #3 was not one of the two questions Councilwoman Romeo asked at the time. In fact, only part of what is recorded was actually part of a response she gave to my above state. The minutes should reflect that fact. Therefore, two actions will need to be taken to carry out this amendment. They are as follows: a. What has been previously listed as question 3 needs to be removed in its entirety. b. And it immediately following my statement listed in Amendment 2, Mrs. Romeo’s actual use of some of the words recorded in said question, needs to be added as follows: “Doesn’t the taxpayers of Irondequoit deserve to know what they are paying for with ICARE?! WORKSHOP MEETING SEPTEMBER 8, 2021 148 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 8th day of September 2021 at 4:00 P.M, there were: PRESENT: Town Board Member John Perticone Town Board Member Patrina Freeman Town Board Member Kimie Romeo Town Board Member Peter Wehner Harter Secrest & Emery, LLP Attorney for the Town Others in attendance included Assessor Amy Jorstad, Chief of Police Alan Laird, Comptroller Diana Marsh, Director of Recreation Katrina Hall, Communication Assistant Mike Moss, Director of Information Technology Kevin LaBarr, Commissioner of Public Works Robert Kiley, Director of Human Resources Jason Vinette, Director of Administration Maria Vecchio and Town Clerk Genier. Acting Supervisor Perticone called the meeting to order, Pledge was said, and Town Clerk Genier called Roll. Acting Supervisor Perticone called Terry Thomas from the Building Maintenance Department up to the podium to present him with a plaque for 30 years of service to the Town. Mr. Thomas retired at the end of August. Commissioner of Public Works Robert Kiley thanked Mr. Thomas for his dedication and service to the Town. Mr. Thomas was involved in many different projects over the years and was an integral part of the workforce. The Town wishes him well in his retirement. ACTING SUPERVISOR’S REMARKS: *Acting Supervisor Perticone announced that a 9/11 Ceremony will be held on Saturday, September 11th on the Town Hall Campus at 8:46 AM. *He noted that the 2022 budget process has begun. REVIEW OF AGENDA ITEMS FOR SEPTEMBER 14, 2021 RTB MEETING: Public Hearing: There is one public hearing on the agenda which was held over from the August 17th RTB meeting on the matter of granting a Special Use Permit for 2180 E. Ridge Road in a C-Business District. Financial Report: Comptroller Diana Marsh reviewed the financial results for the Town as of August 31, 2021. Total expenses and encumbrances are 63.5% of budget or $24,086,458, which is slightly below the 66.7% of the year that has elapsed. Actual expenses are $21,121,133 or 55.6% of budget; encumbered expenses total $2,965,325 or 7.8% of budget. Encumbrances represent commitments for services, supplies and commodities that will be needed during the year. The General Fund Expenses are at 63.1% of budget or $14,682,279. Actual expenditures are $13,225,947 or 56.9% of budget and encumbrances are $1,456,332 or 6.3% of budget. General Fund encumbrances include Information Technology projects and services, 2021 projected but unexpended energy costs of the General Fund Street Lighting account, installment purchase debt for equipment leased by the Solid Waste and other contracted expenses throughout the Town. Expenses in the Highway Funds are $3,926,000 or 69.3% of budget, which is higher than the 66.7% of the year that has elapsed. These costs result from substantial expenses and WORKSHOP MEETING SEPTEMBER 8, 2021 149 encumbrances for gas, fuel, salt, paving services and materials and equipment parts. Highway 1 is currently realizing sizable roadwork and paving expenditures, as well as paving materials encumbrances. Expenses in the Library are below budget at $1,677,000 or 63.4%. The Sewer Fund expenses are 62.4% of budget, equating to $2,595,000. Expenses in Stormwater Drainage total $443,000 (47.4%) of budget. The Town continues to emphasize that expenses, excluding encumbrances for the Town as well as the three major funds, are less than the percent of the year that has elapsed. 66.7% of the year has elapsed and the expenditures percentage, exclusive of encumbrances, for the Town is 55.6%; the General Fund is 56.9%; Sewer is 58.2%; and the collective Highway funds is 49.6%. The General Fund Revenue received is $17,808,705 or 79.3% of budget. At the end of August, the Town received $11,799,864 in real estate tax--100% of budget. PILOT (Payment in Lieu of Tax) revenue has been received at 91.7% or $244,798. The 1st quarter Mortgage Tax of $271,674 has been received and that revenue is at 30.2%. Mortgage Tax for the 2nd quarter was received in August in the sum of $1,675,000, bringing the five-month receipt total to $2,572,000 or 54% of budget. Other major revenue items, such as Aid and Incentives for Municipalities, Franchise Cable TV revenue, and the remaining 3 quarters of mortgage tax are not due at this time. Regarding the Entire Town: $30,687,000 or 83.1% of revenue and appropriated fund balance have been received to date. Approximately $18.1M of the amount received is real estate tax. The Library has received $2,597,335 or 98.2% of its budgeted revenue. The Consolidated Highway has received 82.1% or $4,576,242 of its budgeted revenue. 99.7% or $4,067,399 of the Consolidated Sanitary Sewer District revenue has been received. Stormwater Drainage recorded 97.4% or $867,572 of its budgeted revenue. In addition to the operating revenue discussed above, American Rescue Funds of $11,227,458 (about half of the Town’s total estimated award) were received in May. The use of this funding is restricted for the response to and relief of COVID-19 and can be used to cover costs incurred through December 31, 2024. A special revenue fund has been established to account for these funds. Approval of Minutes: Minutes from the following meetings to be approved: August 10, 2021 Workshop Meeting, and August 17, 2021 Regular Town Board Meeting. Appointments: There are seven (7) appointments to be voted on. The first appointee is Kevin McCoy as a part-time evening cleaner in the library. Deputy Commissioner of Public Works Erin Magee interviewed several applicants and recommends Kevin McCoy for this position. The second resolution authorizes the appointment of various part-time employees for the Irondequoit Community Center. Director Katrina Hall noted that these positions were budgeted for 2021. The third resolution authorizes the reappointment of Ethics Board members and Reconstituting the Ethics Board. The members to be reappointed are Robert DeMatteis, Tara Keller, Faith Rose Cleveland and Maria Vecchio. The fourth resolution would appoint Jacqueline Murray to the Planning Board for the term to expire on December 31, 2021. This appointment will fill a vacancy due to a member’s resignation. The fifth and sixth resolutions would authorize the hiring of two custodians. Interviews are still being held. The seventh resolution authorizes the permanent appointment of Megan Hoffman as Management Assistant in the Recreation Department. Ms. Hoffman was appointed provisionally in June; she has taken and passed the Civil Service exam and is now reachable on the Civil Service list. Community Development: Two (2) resolutions were reviewed by Acting Supervisor Perticone. The first resolution authorized the Acting Town Supervisor to execute a Micromobility Services Agreement with the Rochester Genesee Regional Transportation Authority (RTS) to support the Bike Sharing Program that RTS obtained through a grant. RTS would purchase a total of 300 (electric and pedal) bikes and deploy them in several municipalities within the region. Pursuant WORKSHOP MEETING SEPTEMBER 8, 2021 150 to the NYS Environmental Quality Review Act and all the regulations associated with this program, it was determined that there would not be any significant environmental impacts and a Negative Declaration was issued. There was some concern with safety issues and locations in Irondequoit. Following some discussion on this matter, Attorney Dean stated he would reach out to CycleHop, LLC d/b/a HOPR, for more specific information. This resolution was Tabled. The second resolution authorizes 2022 tax levies resulting for expenses incurred by the Town for work done on property that the property owner failed to correct. The total amount to be levied as of this date is $69,384.20. The cut-off date to adjust the assessment and levy based on additional expenses, as well as fees paid to the Town, is October 4, 2021. Comptroller: Comptroller Diana Marsh reviewed three (3) resolutions. The first resolution authorizes budget transfers within the Library Fund. It is necessary to make repairs to the heating, ventilation and air conditioning (HVAC) system at the Library. Funding for these repairs was not anticipated in the 2021 budget so it is necessary to amend the 2021 Library budget. The budget lines to be reduced are: Part-Time Personnel by $11,000; Computer Maintenance by $4,200; Contingency by $10,000; and Fund Balance by $34,800 for a total of $60,000 to be transferred to the Library budget line for Maintenance-Heating/Air. The second resolution authorizes the refunding of all or a portion of certain outstanding serial bonds, which would save the Town approximately $5,000 a year. There was some discussion among the Board members about this refund plan and the matter was Tabled. The third resolution amends the Irondequoit 2021 Community Development Block Grant (CDBG) Program. The Town was awarded $906,128 through the CDBG Program and that award was amended by HUD to $919,480 for its 2021 program year. The additional funding of $13,352 is to be appropriated to the Home Improvement Program. Public Works: Commissioner of Public Works Robert Kiley reviewed two (2) resolutions. The first resolution would authorize the renewal of an Intermunicipal Agreement with St. Paul Blvd. Fire District. The Town will provide services to the District for the repair and maintenance of the District’s equipment and infrastructure. The current Agreement expires on September 30, 2021. The second resolution declares certain equipment as surplus property. The equipment is several years old and no longer used by the Town. Recreation: Director of Recreation Katrina Hall reviewed one (1) resolution authorizing the Acting Supervisor to enter into various contracts with vendors for youth, family, adult, group exercise and senior recreational programming for fall of 2021. Director Hall noted that the listed Beginning Dates may be adjusted due to the COVID-19 public health emergency; the length of those programs may be changed, and the vendors’ pay will be adjusted by a corresponding amount. ITEM FOR BOARD ACTION: 9WS2021-1 RESOLUTION Establishing a Salary for the Deputy Supervisor During Periods of Vacancy in the Office of the Supervisor On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted establishing a salary for the office of the Deputy Supervisor during a period of a vacancy in the office of the Supervisor, in the amount of $1,000, payable on a bi- weekly basis. This amount may be in addition to any other compensation the Deputy Supervisor may receive as a Town officer, Town official or Town employee. WORKSHOP MEETING SEPTEMBER 8, 2021 151 Attorney Andrew Dean explained that it makes sense to establish a salary for the Deputy Supervisor during the vacancy of the office of the Supervisor. The Deputy Supervisor is assuming all of the responsibilities of the Supervisor during said vacancy of that office. The Deputy Supervisor shall receive the salary only during periods when the office of the Supervisor is vacant. Councilmember Freeman stated that she was not comfortable voting on this resolution at a Workshop Meeting. She would prefer to move this resolution to the Regular Town Board Meeting to be held on September 14th. Councilmember Freeman then moved to have the resolution withdrawn. On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the resolution regarding the establishment of a salary for the Deputy Supervisor is withdrawn. UPON VOTING Town Board Member Wehner Aye Town Board Member Romeo Nay Town Board Member Freeman Aye Town Board Member Perticone Abstain Motion Failed due to lack of majority. On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted establishing a salary for the Deputy Supervisor during periods of vacancy in the Office of the Supervisor. UPON VOTING Town Board Member Wehner Aye Town Board Member Romeo Aye Town Board Member Freeman Nay Town Board Member Perticone Abstain Motion Failed due to lack of majority. Resolution No. 2021-218 9WS2021-2 RESOLUTION to Enter into a Memorandum of Understanding Between the Town of Irondequoit and Drug-Free Irondequoit for Use of Office Space within the Irondequoit Community Center On a motion made by Councilmember Romeo seconded by Councilmember Wehner, a resolution was adopted authorizing the Acting Supervisor to enter into the Memorandum of Understanding with Drug-Free Irondequoit, allowing DF-I to use excess office space at the Irondequoit Community Center in order to support D-FI’s charitable mission and to assist with future collaboration between the Town and D-FI. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution No. 2021-219 ***The next Town Board Meeting is Tuesday, September 14, 2021 @ 4 PM*** WORKSHOP MEETING SEPTEMBER 8, 2021 152 On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the Workshop Meeting was adjourned at 5:05 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk REGULAR TOWN BOARD MEETING SEPTEMBER 14, 2021 153 6:30-7:00 PM--SWEARING IN CEREMONY FOR OFFICER NICHOLAS EVERSHED: Acting Supervisor Perticone welcomed everyone to the meeting and had the Town Board members come to the podium, as well as Officer Evershed and his family. Chief of Police Alan Laird stated that this ceremony was delayed due to COVID-19 and he is happy to be here to administer the Oath to Officer Nickolas Evershed. Officer Evershed was raised in Irondequoit and attended Eastridge High School. He graduated from Monroe Community College with a B.S. Degree in Criminal Justice. He worked at Eastridge High School as a security guard and swim coach. Officer Evershed has been working for two years with the Irondequoit Police Department and he is always giving back to the community. Chief Laird stated that Officer Evershed has been a great addition to the force. Acting Supervisor Perticone then administered the Oath to Officer Evershed, who thanked his family and the Department for all their support. 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 14th day of September 2021 at 7:00 P.M., local time, there were: PRESENT: Town Board Member Perticone Town Board Member Patrina Freeman Town Board Member Kimie Romeo Town Board Member Peter Wehner Attorney for the Town Harter Secrest & Emery LLC Others in attendance included Assessor Amy Jorstad, Deputy Town Clerk Ann Marie Purdy, Chief of Police Alan Laird, Comptroller Diana Marsh, Director of Recreation Katrina Hall, Director of Community Development Kerry Ivers, Commissioner of Public Works Robert Kiley, Management Assistant Megan Hoffman, Director of Administration Maria Vecchio, Communications Aide Michael Moss, and Town Clerk Genier. Acting Supervisor Perticone called the Meeting to order at 7:00 PM, Pledge was said and Town Clerk Genier called roll. ACTING SUPERVISOR’S REMARKS AND ANNOUNCEMENTS: *Acting Supervisor Perticone stated that there would be a public hearing held at 7:35 PM regarding a Special Use Permit for 2180 E. Ridge Road. This public hearing was held open from the August 17th Town Board meeting. There will be no action taken on this matter this evening. *He thanked the Police Department, first responders and EMTs for attending the 9/11 Ceremony, and Police Officer Jonathan Lawton for his work in organizing the event. This year was the 20th Anniversary of the terrorist attack on the United States. *On September 28th, in the Broderick Room of the Town Hall, from 6-8 PM, a Community Engagement Session will be held to discuss the work to be done on the back of the Town Hall campus. The meeting will allow some public input and renderings will be displayed. *Acting Supervisor Perticone read two emails into the record from residents regarding vaccinations (see attached). PROCLAMATIONS: Jackie Gigliotta, accepted the Proclamation on behalf of Cure Childhood Cancer and naming September as the nationally recognized month to honor those who work to spread awareness of childhood cancer. Jackie stated that she and her family have been residents of Irondequoit for 20 years. Her daughter was diagnosed with cancer when she was 3 years old and is now a healthy 12-year-old. She said her family is thankful for all the support and help they received while going through that difficult time. Acting Supervisor Perticone then called Brad Huber to the podium. Mr. Huber, who is a member of the Town’s Planning Board, was featured on the television program, Cheap Old Houses, on September 6th. Brad bought a small 1930 bungalow in the Winona Woods area of Town and began an 11-year project to restore it. The Town is proud of the work done by Mr. Huber. Acting Supervisor Perticone then read the Proclamation. Mr. Huber stated that when he came to Irondequoit, he didn’t know anyone. He had a little house with a lot of big ideas. Thus began his project to restore the 1930 home. He thanked his neighbors for cheering him on and supporting his work. PUBLIC INPUT: Alex Wirth, 7 Ontario View Street and a former Conservation Board member, is asking the Board to add two items to the October Workshop agenda. One of the items is a proposal for a Town-wide refuse service. The Town was looking into this last year but couldn’t pursue it REGULAR TOWN BOARD MEETING SEPTEMBER 14, 2021 154 further due to COVID-19. He would like to see the process simplified and see what the pricing looks like. The second item relates to the American Rescue Plan funding and making sure it is spent in a wise manner. Also, he would like to see another person from the Town put into the constituent position to help residents. The previous staff member was very helpful in working with residents and he would like the Board to consider filling this position again. Christine Fodor, 109 Walzford Road, representing a large group of people, addressed the Board members about a 34’ cell tower in her neighborhood. She said that she never received a letter or notice and there is already a pole in the Right of Way. Her neighbor, Mary, came with her to this meeting. Both women want this matter to be discussed and provide information to the neighbors. Ms. Fodor and her neighbors are concerned with the location of the poles. Director of Community Development Kerry Ivers stated that there is no construction at this location, just markings. She added that there is no application on file for this work. A new pole in a new location is subject to Planning Board review. Towns are governed by FCC regulations regarding cellular facilities because they are deemed a utility and governed by the Public Service Commission. Attorney Andrew Dean clarified some of the information and said that if a new pole is being put up, the applicant would have to provide a site plan application to the Board and hearings would have to be held. Residents would be able to express their comments and concerns throughout the process. Director Ivers noted that the Town will be monitoring the location and making sure the entire review process is followed. She will follow up with Ms. Fodor regarding this matter. Financial Report: Comptroller Diana Marsh reviewed the financial results for the Town as of August 31, 2021. Total expenses and encumbrances are 63.5% of budget or $24,086,458, which is slightly below the 66.7% of the year that has elapsed. Actual expenses are $21,121,133 or 55.6% of budget; encumbered expenses total $2,965,325 or 7.8% of budget. Encumbrances represent commitments for services, supplies and commodities that will be needed during the year. The General Fund Expenses are at 63.1% of budget or $14,682,279. Actual expenditures are $13,225,947 or 56.9% of budget and encumbrances are $1,456,332 or 6.3% of budget. General Fund encumbrances include Information Technology projects and services, 2021 projected but unexpended energy costs of the General Fund Street Lighting account, installment purchase debt for equipment leased by the Solid Waste and other contracted expenses throughout the Town. Expenses in the Highway Funds are $3,926,000 or 69.3% of budget, which is higher than the 66.7% of the year that has elapsed. These costs result from substantial expenses and encumbrances for gas, fuel, salt, paving services and materials and equipment parts. Highway 1 is currently realizing sizable roadwork and paving expenditures, as well as paving materials encumbrances. Expenses in the Library are below budget at $1,677,000 or 63.4%. The Sewer Fund expenses are 62.4% of budget, equating to $2,595,000. Expenses in Stormwater Drainage total $443,000 (47.4%) of budget. The Town continues to emphasize that expenses, excluding encumbrances for the Town as well as the three major funds, are less than the percent of the year that has elapsed. 66.7% of the year has elapsed and the expenditures percentage, exclusive of encumbrances, for the Town is 55.6%; the General Fund is 56.9%; Sewer is 58.2%; and the collective Highway funds is 49.6%. The General Fund Revenue received is $17,808,705 or 79.3% of budget. At the end of August, the Town received $11,799,864 in real estate tax--100% of budget. PILOT (Payment in Lieu of Tax) revenue has been received at 91.7% or $244,798. The 1st quarter Mortgage Tax of $271,674 has been received and that revenue is at 30.2%. Mortgage Tax for the 2nd quarter was received in August in the sum of $1,675,000, bringing the five-month receipt total to $2,572,000 or 54% of budget. Other major revenue items, such as Aid and Incentives for Municipalities, Franchise Cable TV revenue, and the remaining 3 quarters of mortgage tax are not due at this time. Regarding the Entire Town: $30,687,000 or 83.1% of revenue and appropriated fund balance have been received to date. Approximately $18.1M of the amount received is real estate tax. The Library has received $2,597,335 or 98.2% of its budgeted revenue. The Consolidated Highway has received 82.1% or $4,576,242 of its budgeted revenue. 99.7% or $4,067,399 of the Consolidated Sanitary Sewer District revenue has been received. Stormwater Drainage recorded 97.4% or $867,572 of its budgeted revenue. In addition to the operating revenue discussed above, American Rescue Funds of $11,227,458 (about half of the Town’s total estimated award) were received in May. The use of this funding is restricted for the response to and relief of COVID-19 and can be used to cover costs incurred through December 31, 2024. A special revenue fund has been established to account for these funds. On a motion made by Councilmember Wehner, seconded by Councilmember Romeo, the Financial Report was accepted. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED REGULAR TOWN BOARD MEETING SEPTEMBER 14, 2021 155 APPROVAL OF MINUTES: On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the minutes from the August 10, 2021 Workshop Meeting were taken up for approval. Councilmember Freeman made a motion to amend the August 10, 2021 Workshop minutes to reflect as follows: 1) the statement that residents have submitted FOIL requests regarding I-CARE for said information that was listed in section 136, page 12, is not in the current minutes; and 2) my response to these questions presented by I-CARE Commission were both asked and answered during the presentation by I-CARE, held at the Town Board Workshop meeting dated Tuesday, June 10, 2021, is also not included in the current minutes. Attorney Dean suggested tabling the minutes, have them revised, and vote on them at the next Town Board meeting. Councilmember Wehner added that he would like to see the minutes with the amended portion before voting to approve. A motion was made by Councilmember Freeman, seconded by Councilmember Wehner, to Table the Workshop Minutes from Tuesday, August 10, 2021. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Wehner, seconded by Councilmember Freeman, the minutes from the August 17, 2021 Regular Town Board Meeting were approved. UPON VOTING Town Board Member Wehner voting Aye Town Board Member Freeman voting Aye Town Board Member Romeo voting Abstain Town Board Member Perticone voting Aye ITEMS FOR BOARD ACTION: 9A2021-2 RESOLUTION AUTHORIZING THE APPOINTMENT OF A PART-TIME CLEANER On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Kevin McCoy as a part-time evening cleaner at the library. Acting Supervisor Perticone stated that Mr. McCoy was interviewed by Deputy Commissioner of Public Works Erin Magee and recommended for this position. He will be working from 5-9 PM at the library. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-220 9A2021-3 RESOLUTION AUTHORIZING THE APPOINTMENT OF VARIOUS PART- TIME EMPLOYEES FOR THE IRONDEQUOIT COMMUNITY CENTER On a motion made by Councilmember Wehner, seconded by Councilmember Freeman, a resolution was adopted approving the appointment of the following applicants at various hourly rates: Graham Mosley, Andrew Paris, Suzanne Stack, Frederick Krempin, Frances Crawford and Sarah Taffner. Director of Recreation Katrina Hall explained that these positions are for the front desk staff, fitness center staff and building management positions. The individuals hired are all part-time staff, working between 10 and 20 hours a week, working from Sunday to Saturday. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-221 9A2021-4 RESOLUTION AUTHORIZING THE RE-APPOINTMENTS OF ETHICS COMMITTEE MEMBERS REGULAR TOWN BOARD MEETING SEPTEMBER 14, 2021 156 On a motion made by Councilmember Wehner, seconded by Councilmember Freeman, a resolution was adopted approving the re-appointments of Robert DeMatteis, Faith Rose Cleveland and Maria Vecchio. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-222 9A2021-5 RESOLUTION AUTHORIZING THE APPOINTMENT OF A PLANNING BOARD MEMBER TO THE TOWN PLANNING BOARD On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Jacqueline Murray to the Planning Board for the term expiring on December 31, 2021. Director of Community Development Kerry Ivers explained that there is currently a vacancy on the Planning Board and in these cases, the Alternate Member is elevated to permanent member. She will be completing the term of Michael Palermo who stepped down from the Board recently. Acting Supervisor Perticone noted that Mr. Palermo was a long-standing member of the Planning Board and he will be missed. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-223 PUBLIC HEARING: 8PH2021-1 On the Matter of Granting a Special Use Permit for 2180 E. Ridge Road in a C-Business District (Held Open from RTB Meeting of August 17, 2021) Director of Community Development Kerry Ivers gave a brief overview of this project. She explained that the Special Use Permit is required for the gas pump part of the project. It is a permitted use and the applicant has to come to the Town Board to decide whether that use has any conditions that need to be cured. This project also includes a convenience store that is not subject to Town Board approval. It only needs site plan approval from the Planning Board.. The applicant, Christian Brunelle, presented new information in support of the project. The residents mostly had concerns regarding traffic and property values decreasing. Mr. Brunelle pointed out that two properties abutting the 7-11 convenience store and fueling facility, located on the corner of Titus and Bouckhart Avenues, had their assessments increase. There were no decreases in property values. He then read the summary from Lawrence P. Schunck, Senior Appraiser with CNY Pomeroy Appraisers, Inc. stating: It is our belief that the presence of a Byrne Dairy & Deli store would enhance the commercial services in the area without any negative affect on the residential values in the Ridgewood/Worthington neighborhood. The presence of fueling facilities has demonstrated no significant impact on surrounding property values. From our experience, with the implementation of proper site design, the new development would improve the aesthetic characteristics of the area. A Byrne Dairy & Deli would be an asset to the community and a good neighbor to both the commercial and residential property owners. Mr. Brunelle then addressed the traffic concerns in the area. He stated that a Traffic Impact Assessment was conducted on July 16, 2021 by GTS Consulting at the proposed Byrne Dairy Development. The conclusion of that study is as follows: The additional traffic generated by the proposed Byrne Dairy development will have no notable or significant impact on traffic operations on E. Ridge Road or Ridgewood Drive. The development will only have 1-2 vehicles entering and exiting each of the site driveways during each cycle of the adjacent traffic signal. There are ample gaps in traffic to accommodate turning movements into and out of the development, excellent sight lines in each direction with no capacity concerns. There are no mitigation measures recommended. The Monroe County Dept. of Transportation sent a letter to the Director of Community Development Kerry Ivers stating the following: 1. We concur with the consultant that the proposed development will not have any significant impact on the adjacent roadway network from a traffic standpoint. 2. The development proposes a new access out to Ridgewood Drive, which is a residential neighborhood Town road. While we understand that the neighborhood is likely not in favor of this access, it is not proposed opposite any residential drives, and thus its impact is minimal. In addition, I believe the access is needed to facilitate the fueling trucks accessing the fuel storage tanks. This letter came from Brent H. Penwarden III, P.E., Chief of Traffic Operations & Permits. REGULAR TOWN BOARD MEETING SEPTEMBER 14, 2021 157 Mr. Brunelle then discussed the hours of operation of the proposed development. Byrne Dairy is willing to restrict the hours of deliveries at this location. There will be no deliveries between 7 PM and 7 AM. This would include large trucks and trash pickup. Byrne Dairy is very excited to come to Irondequoit. They also want to be treated the same as their competitors. There are currently 5 convenience stores open 24/7. The most recent store/gas station to be granted a Special Use Permit is the new Quicklee’s on Culver Road. Public Hearing Public Input: Lauren Sharpe, 39 Ridgewood Drive, stated her fears with gas pumps, fuel and traffic. Her home is directly across from the proposed development. She has small children and is concerned with any effects from the gas pumps. She also noted the noise level coming from the site. Anna Zanghi, 60 Abington Road, stated that the neighbors met and put a list together of their concerns. Traffic is number 1. She said that the study was not accurate because it did not include the school children as the study was done in July when schools are closed. Normally, this area gets a high volume of traffic. The second concern is the quality of life. The increased traffic will hurt their quality of life. Noise was another concern, as well as pollution. She then addressed the decline in property values, especially those homes close to Byrne Dairy. The neighbors are opposed to 24/7 operation of the development and feel that crime in the area will rise. Jerood Jopson, 37 Abington Road, said his property is right behind the former library. He has lived in that home for about 13 years and has put a lot of money into it. He is concerned that crime will increase in that area. He has installed cameras on his home to alert him to any problems and has been asked to provide the footage to the Police Department. He also has gotten a dog to protect his property. He would like to see restrictions on hours of operation for the gas station. Councilmember Wehner asked for clarification on hours of operation. Director Ivers stated that the Town Board has the authority to impose reasonable conditions which could include hours of operation. The convenience store is allowed by right, and there are no regulations that the Town Board can impose with respect to the hours of operation for the convenience store. Mary Jo Sandy, 46 Abington Road, shared her concern with increased traffic. She doesn’t believe there is a reason to have another gas station. She noted that when Wegman’s came to her area, the trucks could not access the neighborhood streets; everything is done on Ridge Road. She also questioned the traffic study because it was done in the summer when schools are not in session. Robin Winters, 63 Ridgewood Drive, a resident at this address for 36 years, said her neighbor- hood is a quiet neighborhood and she would like to keep it that way. She attended many Planning Board meetings and commented on what she heard. At the July 26 meeting, there was a negative referral on a 24/7 gas station due to closeness in the neighborhood and a curb cut into a residential area There are five 24/7 gas stations in Irondequoit with another opening coming. She addressed the increased traffic and mentioned several concerns she has with this project, one being the curb cut on Ridgewood Drive and how does the Town get a proper traffic study done. She understands putting this parcel back on the tax rolls but wants something that is a good fit for this site. Acting Supervisor Perticone stated that he understands all of these concerns. Director Ivers noted that Monroe County Department of Transportation reviewed the application that was submitted. Their comments stated that it was beneficial for site circulation for access, egress and ingress, to the site. She noted that the traffic study is more pertinent to the site plan review. Councilmember Wehner noted that traffic studies are not conducted in one day and time and they represent all conditions of traffic all through the year. This has no influence over the operation of the gas pumps. Director Ivers stated that the Town’s engineer has reviewed the traffic study and that will be something they will be sharing with the Planning Board. Sandy Oren, 20 Salem Road, addressed the Town Board regarding the comments made by Christian Brunelle. She said the curb cut on Ridgewood Drive is for the gas tankers. She was told that the curb cut was approved because they have never received one complaint about that area. She feels this area will become busy with the convenience store and gas tanks and that presents safety issues. She doesn’t feel that the Town needs another gas station, but if they have the curb cut, that would help. Robert Sandy, 46 Abington Road, has lived in the area for 45 years. He has never heard anyone say that another gas mart is needed. If the project goes through, the neighbors will be disappointed and Irondequoit does not need another gas mart. He added that the traffic study is statistics and they can be interpreted any way you want. Laura Aikens, 125 Worthington Road, is concerned with the gas aspects and pollution of this Project. She specifically named air, noise, light, water and soil pollution. She does not want to add harm to the neighborhood by bringing in a gas station/convenience store. Larry Vandermolen, 13 Abington Road, lives directly behind where the gas pumps would be installed. He believes his property value will decrease. His home was built in 1924 and he has REGULAR TOWN BOARD MEETING SEPTEMBER 14, 2021 158 put in a lot of money into the home. He has a sleeping area on his back porch but feels he will not be able to sleep there with the lights and noise from the gas station. Mr. Vandermolen has attended several meetings on this subject and he is getting mixed messages, particularly over the hours of operation. This could be where some of the frustration is coming from. In doing a search on this subject, he found that within a 2 miles radius, there are already 11 gas stations. He said having all these gas stations is out of control. He is fearful that oil tankers will be driving down Ridgewood Road and that will be very dangerous for everyone. He said he feels any 24/7 business at that site is not a good idea. Chris McGuire, lives directly across the street from the proposed site and feels her property value will decrease. The view from her front window is the gas station. She just purchased her house in February and she has a 30-year mortgage. She doesn’t feel that this project should be in this area. She asked who is looking out for the neighbors who have real concerns about the project and the harm it could do in this neighborhood. Her life will surely be affected if this project materializes. Patty Burke, 122 Worthington Road, stated that she has concerns about the oil tankers as they need a curb cut to get in off of East Ridge Road. She asked if there are any laws regarding these tankers in residential areas. She pointed out that it is a two-lane road; no car is going to be able to get around these tankers. Additionally, there are people out walking, school children going to and from school, school buses, and people going to work. With oil tankers in the area, safety is a big issue. Sandy Oren addressed the Board with a legal question regarding an Article 78; she was told that the Town Board cannot give legal advice. Beatrice Harris, 114 Worthington Road, is concerned with the quality of the neighborhood going down. She does not mind the convenience store. She asked if there were going to be any studies done on this project regarding pollution of the water, air, soil, etc. in the future. Councilmember Wehner responded that stormwater and stormwater management is the responsibility of the Planning Board and those issues will be reviewed by the Planning Board, as well as the Town Engineer. He said that all those issues will be reviewed by the Planning Board and the Town Engineer. Anna Zanghi, 60 Abington Road, stated that she doesn’t know how to separate the issue of gas pumps from traffic issues. She has lived in Irondequoit lived at this address for 30 years. She feels there is a lot of traffic at that intersection and traffic needs to be a part of the consideration of this project. Adam Field, 54 Abington Road, feels that traffic must be a consideration at that intersection. Having a curb cut to redirect traffic through the neighborhood should be a red flag for traffic concerns. He feels this is not a good fit for a gas station. Jeremy McGuire, 15 Ridgewood Drive, addressed property values decreasing. He stated that there were no houses like their houses that look straight at that gas station. He wondered if the houses that went up in value were the same percentages as the rest of the houses—he guesses not. Christine Winters, 26 Salem Road, has lived in the neighborhood for 5 years. She doesn’t feel that this project is a good fit for the neighborhood. She feels the neighborhood will never be the same if this project goes through. The applicant, Christian Brunelle, stated that he presented professional engineering traffic reports from professional traffic engineers. They look at local, county and state data to prepare their reports. He said this area is below the State standard for accident rates. Everything he presented on this proposed project is factual. Monroe County Dept. of Transportation’s Professional Engineer concurred with the traffic report prepared by Mr. Brunelle’s Professional Engineer. With respect to the underground tanks, he stated that that is governed by the State Department of Environmental Conservation. Mr. Brunelle stated that Byrne Dairies have gotten excellent reviews and they have an impeccable record. The business is highly regulated and they must follow strict guidelines to do business in New York State. There are no air permits required for fueling facilities. He said he will mitigate those concerns that he is able to do, such as lighting and noise, with fencing and trees. Councilmember Wehner stated again that most of the matters brought up this evening are matters that are brought up before the Town Planning Board, with exception when talking about the operation and use of a gas pump. He encouraged these residents to bring those concerns to the Planning Board. On a motion made by Councilmember Wehner, seconded by Councilmember Freeman, the Public Hearing was closed at 8:46 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Acting Supervisor Perticone noted that all the input on this matter will be reviewed and taken into consideration; the decision on the Special Use Permit will be Tabled. REGULAR TOWN BOARD MEETING SEPTEMBER 14, 2021 159 On a motion made by Councilmember Wehner, seconded by Councilmember Romeo, the resolution approving a Special Use Permit to operate a Gasoline Service Station at 2180 E. Ridge Road in a C-Business District was TABLED. UPON VOTING Town Board Member Wehner voting Aye Town Board Member Freeman voting Abstain Town Board Member Romeo voting Aye Town Board Member Perticone voting Aye 9A2021-6 RESOLUTION AUTHORIZING THE APPOINTMENT OF A FULL-TIME CUSTODIAN On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Aaron Thibault as a full-time Custodian. Acting Supervisor Perticone explained that Aaron Thibault came to the Town from Hilton Central School District. He ran a family-owned business for 16 years before that. Mr. Thibault will fill the vacancy of the day shift in the Public Library. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-224 9A2021-7 RESOLUTION AUTHORIZING THE PERMANENT APPOINTMENT OF A MANAGEMENT ASSISTANT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the permanent appointment of Megan Hoffman as a Management Assistant. Director of Recreation Katrina Hall explained that Ms. Hoffman took and passed the Civil Service test. Ms. Hoffman can be appointed permanently to this position. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-225 9A2021-8 RESOLUTION AUTHORIZING 2022 TAX LEVIES On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing and ordering that expenses for work performed by the Town to correct violations of Town Code Chapter 94 and 104, totaling approximately $69,384.20, be assessed and levied against said properties listed on the spreadsheet and collected in the same manner and time as other assessments and tax levies of the Town; said tax levies can be adjusted prior to the cut-off date of October 4, 2021. Director of Community Development Kerry Ivers explained that this is an annual resolution to levy any unpaid maintenance charges due the Town to the tax bills. The total unpaid charges to date are $69,384.20; this amount can change as residents have until October 4, 2021 to pay the fines levied against their properties. Also, Director Ivers stated that many properties are being turned over to new owners who are fixing up their new homes. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-226 9A2021-9 RESOLUTION AUTHORIZING BUDGET TRANSFERS WITHIN THE LIBRARY FUND On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving an amendment of the 2021 Library budget to reduce the Library budget lines for part-time personnel by $11,000, Computer Maintenance by $4,200, REGULAR TOWN BOARD MEETING SEPTEMBER 14, 2021 160 Contingency by $10,000 and Fund balance by $34,800, and to appropriate $60,000 to the Library budget line for Maintenance-Heating/Air. Comptroller Diana Marsh explained that the budget transfers are being made due to necessary repairs at the Library that were not included in the 2021 budget. These transfers were recommended by the Library Board. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-227 9A2021-10 RESOLUTION AMENDING THE IRONDEQUOIT 2021 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the amendment of the Irondequoit 2021 Community Development Block Grant Program to appropriate the additional $13,352 award to the Irondequoit 2021 Home Improvement Program. Comptroller Diana Marsh explained that this resolution will revise the 2021-2022 Community Development Block Grant Program. The original letter the Town received identified the Town award in the amount of $906,128; the Town award was amended by HUD to $919,480 for its 2021 program year. This resolution will authorize the Town to appropriate the additional $13,352 to the Irondequoit 2021 Home Improvement Program. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-228 9A2021-11 RESOLUTION ESTABLISHING A SALARY FOR THE DEPUTY SUPERVISOR DURING PERIODS OF VACANCY IN THE OFFICE OF THE SUPERVISOR On a motion made by Councilmember Wehner, seconded by Councilmember Romeo, a resolution was adopted establishing a salary for the office of the Deputy Supervisor during a period of a vacancy in the office of the Supervisor, in the amount of $1,000, payable on a bi- weekly basis; the Deputy Supervisor shall receive such salary only during periods when the office of the Supervisor is vacant and the Deputy Supervisor assumes the powers and duties of the Supervisor. Attorney Andrew Dean explained that the Deputy Supervisor would only receive a salary for the office of the Deputy Supervisor during a vacancy in the office of the Supervisor. The resolution shall take effect as of September 1, 2021. UPON VOTING Town Board Member Wehner voting Aye Town Board Member Freeman voting Aye Town Board Member Romeo voting Aye Town Board Member Perticone voting Abstain Resolution Number 2021-229 9A2021-12 RESOLUTION AUTHORIZING THE RENEWAL OF AN INTERMUNICIPAL AGREEMENT WITH ST. PAUL BLVD. FIRE DISTRICT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Acting Supervisor to enter into an Intermunicipal Agreement with the St. Paul Blvd. Fire District. Commissioner of Public Works Robert Kiley explained the Town would do work on behalf of the Fire District and charge back for a variety of work, such as repair of asphalt turf, trim trees, management of snow plowing, etc. Commissioner Kiley stated that his department has entered into several of these agreements with the fire districts in Irondequoit and will continue to do so with districts within the Town limits. Councilmember Romeo commented her thanks for doing this as it is an important cooperative effort that also stabilizes some costs. REGULAR TOWN BOARD MEETING SEPTEMBER 14, 2021 161 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-230 9A2021-13 RESOLUTION DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted declaring said equipment as surplus and authorizing the Town Supervisor to execute and deliver such documentation as necessary to auction at the next appropriate municipal equipment auction. Commissioner of Public Works Robert Kiley explained that there is a variety of surplus equipment, the highlight being a 2009 Ford F350. The auction will be held in October of 2021. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-231 9A2021-14 RESOLUTION AUTHORIZING THE SUPERVISOR OR ACTING SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH VENDORS FOR YOUTH, FAMILY, ADULT, GROUP EXERCISE AND SENIOR RECREATIONAL PROGRAMMING FOR FALL 2021 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Acting Supervisor to enter into contracts with the various vendors in such form as approved by the Town Attorney and further authorizing the Acting 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. Director of Recreation Katrina Hall explained that this is a seasonal resolution where the names of vendors are brought forward that will be used in her department. The payouts are made by the participants in the programs. Director Hall noted that there is an increase in the number of programs being offered to bring more programs to the new Community Center. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-232 9A2021-15 RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR THE 19TH ANNUAL SUNSET HOUSE 5K RUN AND FITNESS WALK—OCTOBER 16, 2021 On a motion made by Councilmember Wehner, seconded by Councilmember Freeman, a resolution was adopted approving the Special Event License for the Sunset House to conduct their 19th annual 5K Run and Fitness Walk on Saturday, October 16, 2021, beginning at 9 AM on Cooper Road, between Chase Bank and the former Evans Library Branch, upon the condition that the Sunset House notifies all affected residents before the event. Acting Supervisor Perticone explained that this is an annual event, normally held in May. He will be starting the race at 9 AM. He added that the Sunset House helped his family through a difficult time and do so for many families. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED. Resolution Number 2021-233 Next Board meetings are: Tuesday, October 12, 2021 Workshop Meeting @ 4 PM in the Broderick Room Tuesday, October 19, 2021 Regular Town Board Meeting @ 7 PM in the Broderick Room REGULAR TOWN BOARD MEETING SEPTEMBER 14, 2021 162 . On a motion made by Councilmember Freeman, second by Councilmember Romeo, the Regular Town Board Meeting was adjourned at 9:00 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PERMANENT APPOINTMENT OF A CODE COMPLIANCE COORDINATOR IN THE IRONDEQUOIT COMMUNITY DEVELOPMENT DEPARTMENT 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 19th day of October 2021, at 7:00 P.M. local time: there were PRESENT: John Perticone Town Board Member Patrina Freeman 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, on February 26, 2020 the Town Board appointed Mary Werner to the position of Code Compliance Coordinator on a provisional basis; and WHEREAS, Mary Werner has taken and passed the Code Compliance Coordinator Exam and scored within the top three examinees; and WHEREAS, per Civil Service Rules all temporary and provisional appointments must cease within two months from the date of notification of test results and permanent appointments must be made from the Certified List. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the permanent appointment of Mary Werner to the position of Code Compliance Coordinator at an annual rate of $53,599.95 to be paid from budget code 001.3620.0100.1100. 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone 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 OFFICE CLERK IV TO THE ASSESSOR’S OFFICE 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 19th day of October 2021, at 7:00 P.M. local time: there were PRESENT: John Perticone Town Board Member Patrina Freeman 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 part time Office Clerk IV in the Irondequoit Assessor’s Office; and WHEREAS, this is a non- competitive Civil Service position which was posted on various platforms in order to reach as many people as possible; and WHEREAS, the Assessor has interviewed numerous candidates and recommends appointing Linda Marciano to the position of part time Office Clerk IV; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Linda Marciano as a part time Office Clerk IV to be paid $16.00 per hour from Budget Code 001.1355.102.1100. This resolution shall take effect immediately upon hire Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PROMOTION OF AN IRONDEQUOIT POLICE OFFICER TO A POLICE SERGEANT IN THE IRONDEQUOT POLICE DEPARTMENT 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 19th day of October 2021, at 7:00 P.M. local time: there were PRESENT: John Perticone Town Board Member Patrina Freeman 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 numerous retirements there is a need to appoint 4 Police Sergeants in the Irondequoit Police Department; and WHEREAS, Chief Laird has interviewed all qualified candidates that participated in the promotional examination and recommends promoting Andrew Wigton to a Police Sergeant; NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the promotion of Andrew Wigton to Police Sergeant to be paid an annual salary of $99,855.00 from Budget Code 001.3120.100.1100. 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PROMOTION OF A SECOND IRONDEQUOIT POLICE OFFICER TO A POLICE SERGEANT IN THE IRONDEQUOT POLICE DEPARTMENT 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 19th day of October 2021, at 7:00 P.M. local time: there were PRESENT: John Perticone Town Board Member Patrina Freeman 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 numerous retirements there is a need to appoint 4 Police Sergeants in the Irondequoit Police Department; and WHEREAS, Chief Laird has interviewed all qualified candidates that participated in the promotional examination and recommends promoting Kylee Nichols as the second Police Sergeant; NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the promotion of Kylee Nichols to Police Sergeant to be paid an annual salary of $99,855.00 from Budget Code 001.3120.100.1100. 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PROMOTION OF A THIRD IRONDEQUOIT POLICE OFFICER TO A POLICE SERGEANT IN THE IRONDEQUOT POLICE DEPARTMENT 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 19th day of October 2021, at 7:00 P.M. local time: there were PRESENT: John Perticone Town Board Member Patrina Freeman 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 numerous retirements there is a need to appoint 4 Police Sergeants in the Irondequoit Police Department; and WHEREAS, Chief Laird has interviewed all qualified candidates that participated in the promotional examination and recommends promoting Dominic Pronti as the third Police Sergeant; NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the promotion of Dominic Pronti to Police Sergeant to be paid an annual salary of $99,855.00 from Budget Code 001.3120.100.1100. 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PROMOTION OF A FOURTH IRONDEQUOIT POLICE OFFICER TO A POLICE SERGEANT IN THE IRONDEQUOT POLICE DEPARTMENT 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 19th day of October 2021, at 7:00 P.M. local time: there were PRESENT: John Perticone Town Board Member Patrina Freeman 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 numerous retirements there is a need to appoint 4 Police Sergeants in the Irondequoit Police Department; and WHEREAS, Chief Laird has interviewed all qualified candidates that participated in the promotional examination and recommends promoting Joseph Coon as the fourth Police Sergeant; NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the promotion of Joseph Coon to Police Sergeant to be paid an annual salary of $99,855.00 from Budget Code 001.3120.100.1100. 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE REINSTATEMENT OF A POLICE OFFICER INTO THE IRONDEQUOT POLICE DEPARTMENT 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 19th day of October 2021, at 7:00 P.M. local time: there were PRESENT: John Perticone Town Board Member Patrina Freeman 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 numerous retirements there is a need to hire several Police Officers in the Irondequoit Police Department; and WHEREAS, Joshua Greenfield- Tuttle is a candidate for reinstatement since he holds this title in another jurisdiction and has worked for the Town of Irondequoit before in the same capacity before resigning in December 2020; and WHEREAS, the Chief of Police has interviewed Joshua Greenfield- Tuttle and recommends that he be reinstated back into the Irondequoit Police Department as a Police Officer; and WHEREAS, this reinstatement follows Monroe County Civil Service Guidelines Rule XX, which states a permanent employee who has resigned from his/her position may be reinstated without examination within four (4) years from the date of such resignation; NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the reinstatement of Joshua Greenfield-Tuttle as a Police Officer to be paid an annual salary of $87,592.00 from Budget Code 001.3120.100.1100. 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF THREE PART TIME EMPLOYEES FOR THE IRONDEQUOIT COMMUNITY CENTER 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 19th day of October 2021, at 7:00 P.M. local time: there were PRESENT: John Perticone Town Board Member Patrina Freeman 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 three part time employees in the Recreation Department; and WHEREAS, these positions are budgeted for in the 2021 Town Budget; and WHEREAS, the Recreation Director has interviewed several applicants and recommends Isabelle Houck, Isabell Felle and Emma Harris for these positions. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Isabelle Houck, Isabell Felle and Emma Harris as part time Recreation Assistants at $15.00 per hour, which shall be paid from budget code 001.7140.0102.1100.7146. This resolution shall take effect immediately upon hire. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ 9158209_1 Resolution No. 2021- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD REGARDING STATE ENVIRONMENTAL QUALITY REVIEW ACT COMPLIANCE REGARDING A SPECIAL USE PERMIT TO OPERATE A GASOLINE SERVICE STATION AT 2180 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 19th day of October, 2021, at 7:00 P.M. local time; there were: PRESENT: 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, Sonbyrne Sales Inc, (Byrne Dairy) has applied for a Special Use Permit for the property located at 2180 E. Ridge Road, to operate a new Byrne Dairy retail store with fueling facility (the “Project”); and WHEREAS, under Town Code § 235-28(A) (2) the use of a property for fueling station (aka: gasoline station) in the C- Business District requires a special use permit; and WHEREAS, the adoption of the special use permit is classified as an Unlisted action under the State Environmental Quality Review Act (“SEQRA”); and WHEREAS, the Town Board has received and reviewed the short Environmental Assessment Form (“EAF”), dated June 2, 2021, with respect to the Project and the adoption of the special use permit, along with the other submissions of the Applicant, including the “SEQRA Narrative,” and has considered the potential environmental impacts of the special use permit pursuant to the requirements of SEQRA and finds that the proposed action will not result in any significant adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts the Negative Declaration for the Special Use Permit in the form attached and determines that no Environmental Impact Statement is required. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Supervisor shall file the 9158209_1 Negative Declaration along with this Resolution with the Town Clerk, forward these documents to any person who requests a copy, and maintain the EAF and Negative Declaration in a file regularly accessible to the public. AND, BE IT FURTHER RESOLVED, that the requirements of 6 NYCRR 617 have been met. This resolution shall take effect immediately upon its adoption. 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 _______ Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 2 - Impact Assessment 2180 E Ridge Road SUP 9.19.2021 Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" No, or small impact may occur Moderate to large impact may occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? © ■ 3. Will the proposed action impair the character or quality of the existing community? ID 1 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? [� ❑ 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? ✓ 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate El reasonably available energy conservation or renewable energy opportunities? l l r I 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? ✓ ❑ 1 Fl 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 1 ❑ 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 1 ❑ 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? ✓ ❑ 11. Will the proposed action create a hazard to environmental resources or human health? 1 PRINT FORM Page 1 of 2 Project: Date: Agency Use Only [If applicable] 2180 E Ridge Road SLii 10.19.2021 Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. See attached narrative. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. flCheck this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Irondequoit Board 10.19.21 Name of Lead Agency John Perticone Print or Type Name of Responsible Officer in Lead Agency Acting Supervisor Date Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) PRINT FORM Page 2 of 2 Resolution No. 2021- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR 2180 E. RIDGE ROAD IN THE 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 19th day of October 2021 at 7:00 P.M. local time; there were: PRESENT: 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 an application (“Application”) by Sonbyrne Sales Inc, (Byrne Dairy), for a Special Use Permit for the property located at 2180 E. Ridge Road, to operate a new Byrne Dairy retail store with fueling facility (the “Project”), the Town Board determines that the Application requires a special use permit pursuant to Town Code § 235-28(A) (2); and WHEREAS, the Town Board may approve a Special Use Permit pursuant to Town Law § 274- b; and WHEREAS, the Application was reviewed and discussed at the Town Planning Board Meeting held on July 26, 2021 and the Town Planning Board issued comments and a report on the issuance of a Special Use Permit to the Town Board dated June 29, 2021 recommending a negative referral on the 24-hour operation of gasoline pumps, with outlined considerations, for the Special Use Permit; and WHEREAS, a public hearing was held by the Town Board, pursuant to Section 274-b of New York State Town Law, on August 17, 2021 at the Irondequoit Town Hall, 1280 Titus Avenue, in the Town of Irondequoit, New York, at 7:36pm, where the facts in support of the requested Special Use Permit were presented and where public input was received and thereafter the public hearing was held open; and WHEREAS, the public hearing was continued at the regular meeting of September 14, 2021 at 7:30 p.m., and thereafter closed; and WHEREAS, under Resolution ______________, the Town Board adopted a Negative Declaration for the Special Use Permit pursuant to the requirements of 6 NYCRR 617. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby ____________ the Special Use Permit for the operation of a gasoline service station with the following conditions: ______________________________________________________. 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 Freeman voting _______ Town Board Member Romeo voting _______ S N O W S T O R A G E LANDSCAPING SIGN #1 W/ TO BE USEDDRIVEWAYEXISTING S N O W S T O R A G E S N O W S T O R A G E ~ ~ ~ ~ 52' 20' (TYP.)30' 3 5 ' 1 0 ' (T Y P .) 1 2 ' 28' 28'10' 28' 10' 20' Garage Concrete Sidewalk Concrete Sidewalk C o ncre te S id e w alk (COUNTY ROUTE 241) EAST RIDGE ROAD R ID G E W O O D D R IV E Gate Fence HYD I.E. = 423.48 (W) I.E. = 423.55 (E) R.E.= 434.59 SMH S G P latte r B ed Stairs Metal E N 03 °2 5 '2 9"W 25 1.2 9' S79°08'05"W 70.04' S79°08'05"W 46.91' S76°26'34"W 141.87' S80°40'40"W 53.87' S 03 °53 '2 2"E 208.16' N86°06'38"E 307.53' Tax Map # 077.18-3-73 Jerrod D. Jopson R/O Tax Map # 077.18-3-69 Joseph Deromanis R/O Tax Map # 077.18-3-71 Donald & Emilie J. Schneider R/O Tax Map # 077.18-3-70 Rufus & Sarah Brooks R/O T a x M a p # 0 7 7 .1 8 -3 -7 6 .1 W e g m a n s F o o d M a rk e t, In c . R /O C o ncre te R e tainin g W all ±1.627 Ac. Tax Map # 077.18-03-78.1 Town of Irondequoit R/O Tax Map # 077.18-3-72 Marshall & Heather Fletcher R/O Curb Median 60' Rear Yard Setback (C orner Lot) 50' S id e Yard S etb ack [Z o n e d : C o m m e rc ia l] [Zoned: Residential] R e sid e ntial) S etb ack (A b uts 25' S id e Yard 50' Front Yard Setback 435 4 35 435 435 435 435 435 4 35 435 432 432 432 429 429 430 430 43 0 4 30 430 4 31 43 1 431 432 432 432 432 432 432 432 4 32 4 32 433 433 433 433 4 33 433 433 433 433 43 3 434 434 434 434 434 434 4 34 434 434 434 434 434 434 435 435 435 435 4 35 435 435 435 435 435 435 Grass Grass Grass Grass BUILDING BLOCK D S S D R.E. = 431.95 DMH 8" Gas ~ I.E. = 427.64 (S) I.E. = 427.65 (N) R.E. = 431.92 CB I.E. = 428.74 (W) I.E. = 428.71 (SE) R.E. = 432.77 CB Conc. Curb Granite Curb ~ I.E. = 428.29 (S) R.E. = 431.71 CB Conc. Curb Conc. Gutter I.E. = 422.10 (W) I.E. = 422.55 (SE) I.E. = 422.66 (E) I.E. = 421.85 (N) R.E.= 433.65 SMH I.E. = 423.99 (NW) R.E. = 427.42 CB I.E. = 422.47 (SW) I.E. = 422.55 (SE) I.E. = 422.05 (E) I.E. = 422.10 (N) R.E. = 427.82 DMH BYRNE DAIRY Since 1933 SIGN #2 5 46' ROOM ELECTRIC 92' 50' PRIVACY FENCE 6' HIGH WOOD 15' 1 5 ' 2.5" CAL. @ PLANTING RED MAPLE, TYP. SNOW STORAGE MANAGEMENT AREA STORMWATER A R E A M A N A G E M E N T S T O R M W A T E R SNOW STORAGE W P W P 9 4 9 9 3 0 ' 11' (TYP.) DISPENSER 3:1 DIESEL 104' 27' P R O P O S E D 5 ' C O N C . S ID E W A L K 10' 83' 122' PROPOSED 5' CONC. SIDEW ALK Subgrade Elev.: TBD Subbase Elev.: TBDFinished Floor Elev.: TBD 4,232 Sq.Ft. ON 3' MULCHED BERM 3' @ PLANTING, 3' C-C TAXUS YEW HEDGE SPACED 15' C-C AND WHITE PINE, 4' HIGH @ PLANTING, ALTERNATE PLANTING NORWAY SPRUCE EXISTING TREES TO REMAIN, TYP. STORAGE SNOW 4' @ PLANTING, SPACED 3' C-C DARK AMERICAN ARBORVITAE, A Electric from building Station Air 5 ' 5 ' CO 6 ' 2' 6 ' 2 3 ' 20' RADIUS 2' SIGN 'A' 3' 10' 1 5 ' 2 6 ' 5' 30' 3 '6 ' 75' 52' 1 4 7 ' 1 2 7 ' 2 4 ' 3 5 ' 9 ' 1 2 ' ~ WP WP WP ~ ~ VII D SCALE 0 FEET 1" = 20' 20 4020 Plan View PROJECT: CLIENT: LOCATION: SCALE: DATE: ENG'D BY: DRAWN BY: SHEET NO.: PLUMLEY WWW.PLUMLEYENG.COM FAX: (315) 638-9740 TELEPHONE: (315) 638-8587 BALDWINSVILLE, NY 13027 8232 LOOP ROAD PLUMLEY ENGINEERING, P.C. Civil and Environmental Engineering ENGINEERING REVISIONS:DATE:BY: consent of Plumley Engineering, P.C. All common law rights of copyright are hereby specifically reserved. not be copied, reproduced, used or implemented in any way, in part or in whole, without the written These plans & specifications are the property of Plumley Engineering, P.C. These documents may DWG. TITLE: SITE PLAN Note: No alteration permitted hereon except as provided under Section 7209 Subdivision 2 of the New York State Education Law. R/O 18 CB S CS Key ProposedExisting A PROJECT No.: FILE NAME.: CHECKED BY: flood plain. Town of Irondequoit (Panel No. 36055C 0008G, Dated: August 28, 2008) the site is not located in the 100 year 4. According to The National Flood Insurance Program "Floodway - Flood Boundary and Floodway Map" for The on the site. 3. According to the US Fish and Wildlife Service Wetland Online Mapper (web page), there are no federal wetlands 100' of the site. 2. According to the New York State DEC Environmental Mapper (web page), there are no DEC wetlands on or within Dated: October 8, 2014; Project No.: 214154.012. "Instrument Survey Plat for 2180 East Ridge Road Irondequoit, New York"; Prepared by: Labella Associates, P.C.; 1. Base Map Reference: Notes: C201 405 N Location Map N Topographic Contour Hydrant Water Main w/ Size Drainage Manhole Catch Basin Drainage Pipe w/ Size Gas Main Sanitary Manhole Sanitary Sewer w/ Size Utility Pole Overhead Utility Reputed Owner Lot Line Right of Way Property Line © Plumley Engineering, P.C. 2021 1" = 20' JFC JJL JFC Sept. 2021 2021011 C201 SONBYRNE SALES, INC. BYRNE Since 1933 DAIRY TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK SITE Ref: U.S.G.S Rochester East Quad., 2019, 7.5 Min., 1" = ±2000' II I IV III V VI Plan Notes VII Signage Parking Summary Handicapped Parking: Automobile Parking: 2 20 Required 2 36 Provided I IV Building Code. State 2. Number of Handicapped spaces required equals two (2), based upon New York per 1,000 sq. ft. of gross floor area. 1. Number of automobile parking spaces required based on Town Code: 4.5 spaces Notes: / VIII FINAL 4' Fence Detail 4 ' 6' Surface Ground IRONDEQUOIT BYRNE DAIRY VIII Provided ZONED: C BUSINESS DISTRICT TOWN OF IRONDEQUOIT ZONING ORDINANCE REVIEW Lighting Chart Symbol Qty. WP 5 (Dark-Sky Friendly Compliant) Cree LED Fixture Wall Lighting 9' Mounting Height Height per Lighting Plan (Dark-Sky Friendly Compliant) Cree LED Fixture Light Poles (Dark-Sky Friendly Compliant) Cree LED Fixture Recessed Canopy Light 11 16 SizeDesignation Sign Type Sign 3'-6" x 14'; 49 Sq. Ft., Ea. 32 Sq. Ft.; 10' High (Internally Illuminated) Building (LED, Internally Illuminated) Monument Sign Required Impervious Area 80% 5. Max. Lot Coverage: Building 33.3% 4. Min. Lot Width: 100' 3. Max. Height of Building: 45' 50' (Corner Lot) C. Side Yard: 25' (Abutting Residential) B. Rear Yard: 60' A. Front Yard: 50' 2. Building Setbacks: 1. Lot Size: No minimum for commercial use Light Pole w/ Fixture Privacy Fence 6" High Custom Wood 4' High Metal Fence (See Detail) Water Service Catch Basin / Control Structure Drainage Swale Roof Drain w/ Size Drainage Pipe w/ Size Gas Service Sanitary Sewer Lateral Underground Electric / Telephone w/ Applicable Signage Handicapped Parking Number of Parking Spaces II III 3' high decorative wall with Prestige Stone Dry Stack, Buck County, Old County Ledge with stone cap. Bike racks provided under overhang. Parking Stall Bollard detail for additional information. Flush (with pavement) concrete sidewalk with 6" dia. bollards centered on each parking space. See Coordinate water, sanitary, electric, gas & telephone service locations with applicable utility company. around grease trap. Health Department & applicable contractors. Site contractor responsible for excavation and backfill assembly per applicable Department of Health standards. Work to be coordinated with Byrne Dairy, Plumbing contractor shall provide and install a 1,000 gallon grease trap, a vent, trap & clean-out by fence contractor. 8' x 63' refrigeration, HVAC & generator pad w/ partial roof by building contractor w/ fence enclosure The dumpster shall rest on a 30' x 20' steel reinforced concrete dumpster pad by site contractor. Two chain link swing gates with PVC slats shall be provided. This work is to be completed by fence contractor. Dumpster Enclosure: The sides of the enclosure shall be ivory colored (matching building) fractured block. Site contractor responsible to 5' of tank pad. Tank pad, UST and UST piping by petroleum contractor. split compartment double-walled underground storage tank by petroleum contractor. - 10,000 gallon (5,000 gallon diesel; 5,000 gallon super unleaded gasoline), 8' diameter x 31'-1" long; underground storage tank by petroleum contractor. - 20,000 gallon, 10' diameter x 37'-6" long; double-walled fiberglass regular unleaded gasoline 900 sq. ft. (12' x 75') steel reinforced concrete tank pad w/: lights for pump islands, by petroleum contractor. 104' x 24' steel reinforced concrete dispenser pad & 104' x 24' overhead canopy w/ recessed canopy Sign #2 Sign #1 VI VI VI V IX IX 09/27/21 JFCPer Town Planning Board Comments. 5 ' 4 ' Brown Reflective PVC Sleeve Pipe filled w/ Concrete with 4" Dia. Sch 40 Carbon Steel Steel Sign Post and White Background w/Black Text 24" Wide x 18" High Sign 'A' Detail TURN RIGHT NO TRUCKS 4. Lot Width: 251.3 along Ridgewood Drive 3. Height of Structures: Building & Facade 24' 127' C. Side Yard: 26' North (abutting Residential) B. Rear Yard: 83' Green Space: 38.2% Asphalt Pavement & Concrete: 35,185 Sq. Ft. = 49.6% Fuel Canopy: 2,496 Sq. Ft. = 3.5% Principal Building Roof Area: 6,180 Sq. Ft. = 8.7% Principal Building & Fuel Canopy: 8,676 Sq. Ft. = 12.2% 5. Lot Coverage: 312.7 along East Ridge Road East Ridge Road (corner lot) A. Front Yard: 122' to Ridgewood Drive 2. Building Setbacks: 1. Lot Size: 1.627 Acres 15 16 20 22 23 22 21 22 19 21 23 22 23 23 21 22 21 21 19 16 14 15 15 21 22 26 26 21 21 19 25 27 26 19 22 21 25 24 23 16 18 15 21 17 21 30 32 32 28 19 22 30 33 31 32 29 31 30 29 19 17 20 15 15 21 22 26 26 21 22 19 25 27 26 19 23 21 25 24 23 16 18 15 15 17 20 22 23 22 21 22 19 22 23 22 23 23 21 22 21 21 19 16 15 0.1 0.1 1.4 1.2 0.4 0.8 0.8 1.4 1.1 1.5 0.5 0.5 1.5 1.3 1.4 1.2 0.6 0.8 1.2 2.0 1.7 0.9 0.5 0.2 0.1 0.1 0.6 0.6 0.7 0.8 1.0 1.5 2.3 2.3 2.3 2.3 2.0 1.8 1.9 2.0 1.8 1.1 0.5 0.2 0.1 0.1 0.1 0.1 0.7 1.5 1.2 1.6 0.7 0.6 0.4 0.3 0.3 1.1 3.6 6.8 9.5 9.8 9.5 9.4 9.8 9.8 9.2 9.2 8.3 5.7 2.5 0.4 0.2 0.3 0.3 0.1 0.5 0.6 0.7 0.8 1.1 1.3 0.6 0.4 0.3 1.9 8.1 5.1 0.8 0.3 0.8 1.4 0.1 0.2 0.2 0.2 0.4 1.2 1.6 1.0 0.6 0.3 2.4 10.1 5.9 1.0 0.3 0.7 1.4 1.7 1.0 0.4 1.7 7.0 4.4 0.7 0.3 0.7 1.5 1.3 0.4 0.2 0.7 2.4 4.4 6.1 6.2 6.3 6.4 6.4 6.4 6.3 6.2 5.3 3.7 1.9 0.3 0.3 0.7 1.1 1.3 0.4 1.6 0.7 0.4 0.2 0.1 0.1 0.3 0.5 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.7 0.6 0.4 0.2 0.1 0.2 0.2 0.3 0.7 1.0 1.4 0.8 0.3 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.2 1.2 1.9 1.5 0.8 0.3 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.2 0.2 0.1 0.1 0.1 0.2 1.8 1.4 0.6 0.5 0.3 0.1 0.1 0.1 0.1 0.8 2.0 2.2 2.3 2.1 2.2 2.2 2.3 2.5 2.5 1.7 0.4 0.2 0.1 0.1 0.2 1.1 1.9 0.7 0.6 0.3 0.1 0.1 0.1 2.0 1.9 0.4 0.1 0.1 0.2 0.5 0.9 1.5 0.8 0.3 0.1 0.1 0.1 3.7 3.3 0.7 0.2 0.1 0.2 0.4 0.4 1.5 0.8 0.4 0.2 0.1 0.2 3.6 5.2 0.9 0.3 0.3 0.7 0.5 0.2 1.6 0.9 0.5 0.3 0.3 0.3 3.7 4.4 1.0 0.4 0.7 1.2 1.3 0.4 0.7 0.9 0.8 0.8 0.7 0.5 4.1 5.3 1.0 0.8 1.1 1.5 1.0 0.1 0.2 0.7 1.6 1.4 1.6 0.6 2.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.1 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.9 1.2 1.0 1.0 0.5 0.4 1.1 1.1 1.7 1.3 1.9 1.2 0.5 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.7 1.0 0.9 1.0 0.6 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.0 0.0 0.0 0.0 0.0 0.0 1.1 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.2 1.1 1.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.6 0.7 0.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.8 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.6 8.8 17.1 15.7 15.2 10.9 14.8 16.0 15.6 15.3 15.3 11.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.8 18.2 8.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.6 17.9 4.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.8 17.1 5.8 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 15.9 5.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 7.2 3.7 3.1 0.7 1.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.7 1.0 0.9 1.0 0.6 0.4 1.1 3.5 5.3 6.0 5.8 5.5 4.1 5.3 4.9 2.5 1.9 1.3 0.5 0.1 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.4 0.8 1.7 2.7 2.8 3.0 2.9 2.4 2.6 2.4 1.4 1.0 0.7 0.4 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 NOTE: - ALL AREA LIGHTS ON NEW 10 FT. POLES MOUNTED ON 2 FT. CONCRETE BASES ILLUMINATION LEVELS ARE THE RESULT OF CONDITIONS OR REQUESTS BY OTHERS RED LEONARD ASSOCIATES IS NOT RESPONSIBLE FOR INCIDENTS CAUSED BY INSUFFICIENT LIGHTING AND DOES NOT RECOMMEND THESE LEVELS FOR SECURITY AND SAFETY REASONS THIS SITE IS LOCATED IN A REGION WHERE LIGHTING IS REGULATED BY LOCAL ORDINANCES LUMINAIRE SCHEDULE SYMBOL QTY LABEL ARRANGEMENT LUMENS LATF 3000K FACTOR LLF BUG RATING WATTS/LUMINAIRE TOTAL WATTS MANUFACTURER CATALOG LOGIC 2 A2B SINGLE 1921 1.030 0.763 0.786 B0-U0-G1 25 50 CREE, INC.ARE-EDG-2MB-XX-02-E-UL-XX-350-30K (SPECIAL ORDER) 9 A4B SINGLE 1921 1.030 0.763 0.786 B0-U0-G1 25 225 CREE, INC.ARE-EDG-4MB-XX-02-E-UL-XX-350-30K (SPECIAL ORDER) 16 C1 SINGLE 7597 1.030 0.763 0.786 B3-U0-G0 68 1088 CREE, INC.CAN-304-PS-RM-04-E-UL-XX-525-30K (SPECIAL ORDER) 12 S SINGLE 3902 1.030 0.763 0.786 B2-U0-G0 34 408 CREE, INC.SFT-228-PS-RM-03-E-UL-WH-350-30K-IC (SPECIAL ORDER) 5 W3 SINGLE 4210 1.030 0.763 0.786 B1-U0-G1 43 215 CREE, INC.SEC-EDG-3M-WM-04-E-UL-WH-350-30K (SPECIAL ORDER) LUMINAIRE LOCATION SUMMARY LUM NO.LABEL MTG. HT. 1 A2B 12 2 A2B 12 3 A4B 12 4 A4B 12 5 A4B 12 6 A4B 12 7 A4B 12 8 A4B 12 9 A4B 12 10 A4B 12 11 A4B 12 12 C1 15 13 C1 15 14 C1 15 15 C1 15 16 C1 15 17 C1 15 18 C1 15 19 C1 15 20 C1 15 21 C1 15 22 C1 15 23 C1 15 24 C1 15 25 C1 15 26 C1 15 27 C1 15 28 S 9 29 S 9 30 S 9 31 S 9 32 S 9 33 S 9 34 S 9 35 S 9 36 S 9 37 S 9 38 S 9 39 S 9 40 W3 9 41 W3 9 42 W3 9 43 W3 9 44 W3 9 FOOTCANDLE LEVELS CALCULATED AT GRADE USING INITIAL LUMEN VALUES LABEL AVG MAX MIN AVG/MIN MAX/MIN CANOPY 21.87 33 14 1.56 2.36 PAVED 1.40 10.1 0.1 14.00 101.00 PROPERTY LINES 0.00 0.0 0.0 N.A.N.A. UNDEFINED 0.65 18.2 0.0 N.A.N.A. 1 A2B 2 A2B 3 A4B 4 A4B 5 A4B 6 A4B 7 A4B 8 A4B 9 A4B 10 A4B 11 A4B12 C1 13 C1 14 C1 15 C1 16 C1 17 C1 18 C1 19 C1 20 C1 21 C1 22 C1 23 C1 24 C1 25 C1 26 C1 27 C1 28 S 29 S 30 S 31 S 32 S 33 S 34 S 35 S 36 S 37 S 38 S 39 S 40 W3 41 W3 42 W3 43 W3 44 W3 BYRNEDAIRY STORMWATERMANAGEMENT AREA ST O R M W A T E R M A N A G E M E N T AR E A A Concrete Sidewalk EAST RIDG E R O A D (COUNTY R O U T E 2 4 1 ) RID G E W O O D D R I V E Grass [Zo n e d : C o m m e r c i a l ] [Zoned: Residential] Conc. Curb Ed g e o f P a v e m e n t Driveway BYRNE DAIRY IRONDEQUOIT, NY SCALE: 1" = 30' D 07/29/21 LMP LAYOUT BY: DWG SIZE:DATE: PROJECT NAME: DRAWING NUMBER:RL-7548-S1-R1 REV.BY DATE DESCRIPTION R1 . . . LMP . . . 10/01/21 . . . REVISED PER UPDATED SITE PLAN . . . 1340 Kemper Meadow Dr, Forest Park, OH 45240 513-574-9500 redleonard.com ANY SITE PLAN(S), FLOOR PLAN(S), RENDERING(S), LIGHTING LAYOUT(S) AND PHOTOMETRIC PLAN(S) INCLUDING BUT NOT LIMITED TO ANY PROJECT(S) CREATED/PRODUCED BY RED LEONARD ASSOCIATES INC., ARE ONLY INTENDED FOR ILLUSTRATION AND QUOTING PURPOSES ONLY. RED LEONARD ASSOCIATES HAS THE RIGHT TO USE THIRD PARTY LASERS, SCANNERS, AND CAMERAS BUT ACTUAL PROJECT CONDITIONS, DIMENSIONS, AND ACCURACY OF MEASUREMENTS MAY DIFFER FROM THESE OR ANY PARAMETERS. RED LEONARD ASSOCIATES INC. ASSUMES NO LIABILITY FOR WHAT IS CREATED/PRODUCED IN THESE RECREATIONS. THIS INCLUDES BUT IS NOT LIMITED TO THE USE OF, INSTALLATION OF AND/OR INTEGRITY OF EXISTING BUILDING(S), SURROUNDING AREA FOR PRODUCT(S) SUCH AS EXISTING POLE(S), ANCHOR BOLT(S), BASE(S), ARCHITECTURAL AND SIGNAGE STRUCTURE(S), LANDSCAPING PLAN(S), LIGHTING PLAN(S), FIXTURE SELECTION(S) AND PLACEMENT, MATERIAL(S), COLOR ACCURACY, TEXTURE(S), AND ANYTHING ATTRIBUTED TO PHOTO REALISM THAT IS CREATED. FURTHERMORE, RED LEONARD ASSOCIATES INC., DOES NOT ASSUME LIABILITY WHATSOEVER FOR ANY PURCHASES MADE BY CLIENT BEFORE, DURING, OR AT THE CONCLUSION OF THE PUBLISHED WORK. THE CUSTOMER, ITS RELATIVE AFFILIATES, AS WELL AS ANY OTHER PERSON(S) IN VIEWING OF THIS PRODUCT IS RESPONSIBLE FOR VERIFYING COMPLIANCE WITH ANY BUT NOT LIMITED TO ALL CODES, PERMITS, RESTRICTIONS, INSTRUCTIONS, PURCHASES, AND INSTALLATIONS OF OBJECTS VIEWED WITHIN THIS DOCUMENT(S) OR PROJECT(S). SYMBOLS ARE NOT DRAWN TO SCALE. SIZE IS FOR CLARITY PURPOSES ONLY. SIZES AND DIMENSIONS ARE APPROXIMATE, ACTUAL MEASUREMENTS MAY VARY. DRAWINGS ARE NOT INTENDED FOR ENGINEERING OR CONSTRUCTION USE. THIS DOCUMENT, ANY RED LEONARD DRAWING(S), OR PROJECT(S) IS NOT TO BE USED AND/OR INTENDED FOR ENGINEERING OR CONSTRUCTION PURPOSES, BUT FOR ILLUSTRATIVE PURPOSES ONLY. ANY LOCATIONS OF EMERGENCY LIGHTING SHOWN WERE PROVIDED BY OTHERS. RED LEONARD ASSOCIATES IS NOT RESPONSIBLE FOR INSUFFICIENT LIGHTING DURING AN EMERGENCY EVENT. ANY USE OF THIS DOCUMENTATION AND/OR OTHER ARTICLES PRODUCED BY RED LEONARD WITHOUT WRITTEN AUTHORIZATION FROM JAYME J. LEONARD IS STRICTLY PROHIBITED. DISCLAIMER 1340 Kemper Meadow Dr, Forest Park, OH 45240 513-574-9500 | redleonard.com m 1340 Kemper Meadow Dr, Forest Park, OH 45240 513-574-9500 redleonard.co PROJECT NAME: DRAWING NUMBER: ANY SITE PLAN(S), FLOOR PLAN(S), RENDERING(S), LIGHTING LAYOUT(S) AND PHOTOMETRIC PLAN(S) INCLUDING BUT NOT LIMITED TO ANY PROJECT(S) CREATED/PRODUCED BY RED LEONARD ASSOCIATES INC., ARE ONLY INTENDED FOR ILLUSTRATION AND QUOTING PURPOSES ONLY. RED LEONARD ASSOCIATES HAS THE RIGHT TO USE THIRD PARTY LASERS, SCANNERS, AND CAMERAS BUT ACTUAL PROJECT CONDITIONS, DIMENSIONS, AND ACCURACY OF MEASUREMENTS MAY DIFFER FROM THESE OR ANY PARAMETERS. RED LEONARD ASSOCIATES INC. ASSUMES NO LIABILITY FOR WHAT IS CREATED/PRODUCED IN THESE RECREATIONS. THIS INCLUDES BUT IS NOT LIMITED TO THE USE OF, INSTALLATION OF AND/OR INTEGRITY OF EXISTING BUILDING(S), SURROUNDING AREA FOR PRODUCT(S) SUCH AS EXISTING POLE(S), ANCHOR BOLT(S), BASE(S), ARCHITECTURAL AND SIGNAGE STRUCTURE(S), LANDSCAPING PLAN(S), LIGHTING PLAN(S), FIXTURE SELECTION(S) AND PLACEMENT, MATERIAL(S), COLOR ACCURACY, TEXTURE(S), AND ANYTHING ATTRIBUTED TO PHOTO REALISM THAT IS CREATED. FURTHERMORE, RED LEONARD ASSOCIATES INC., DOES NOT ASSUME LIABILITY WHATSOEVER FOR ANY PURCHASES MADE BY CLIENT BEFORE, DURING, OR AT THE CONCLUSION OF THE PUBLISHED WORK. THE CUSTOMER, ITS RELATIVE AFFILIATES, AS WELL AS ANY OTHER PERSON(S) IN VIEWING OF THIS PRODUCT IS RESPONSIBLE FOR VERIFYING COMPLIANCE WITH ANY BUT NOT LIMITED TO ALL CODES, PERMITS, RESTRICTIONS, INSTRUCTIONS, PURCHASES, AND INSTALLATIONS OF OBJECTS VIEWED WITHIN THIS DOCUMENT(S) OR PROJECT(S). SYMBOLS ARE NOT DRAWN TO SCALE. SIZE IS FOR CLARITY PURPOSES ONLY. SIZES AND DIMENSIONS ARE APPROXIMATE, ACTUAL MEASUREMENTS MAY VARY. DRAWINGS ARE NOT INTENDED FOR ENGINEERING OR CONSTRUCTION USE. THIS DOCUMENT, ANY RED LEONARD DRAWING(S), OR PROJECT(S) IS NOT TO BE USED AND/OR INTENDED FOR ENGINEERING OR CONSTRUCTION PURPOSES, BUT FOR ILLUSTRATIVE PURPOSES ONLY. ANY USE OF THIS DOCUMENTATION AND/OR OTHER ARTICLES PRODUCED BY RED LEONARD WITHOUT WRITTEN AUTHORIZATION FROM JAYME J. LEONARD IS STRICTLY PROHIBITED. WALL MOUNTED QTY LABEL DESCRIPTION US: creelighting.com (800) 236-6800 Canada: creelighting-canada.com (800) 473-1234 † See http://creelighting.com/warranty for warranty terms ** Must specify color Rev. Date: V7 10/28/2020 THE EDGE® Series LED Security Wall Pack Luminaire Ordering Information Example: SEC-EDG-2M-WM-06-E-UL-SV-700 SEC-EDG WM E Product Optic Mounting LED Count (x10) Series Voltage Color Options Drive Current Options SEC-EDG 2M Type II Medium 2MB Type II Medium w/BLS 2S Type II Short 2SB Type II Short w/BLS 3M Type III Medium 3MB Type III Medium w/BLS 4M Type IV Medium 4MB Type IV Medium w/BLS WM Wall Mount 02 04 06 08 10 12 E UL Universal 120-277V UH Universal 347-480V 34 347V BK Black BZ Bronze SV Silver WH White 350 350mA 525 525mA -Available with 20-80 LEDs 700 700mA -Available with 20-60 LEDs DIM 0-10V Dimming - Control by others - Refer to Dimming spec sheet for details - Can't exceed specified drive current - Not available with PML option F Fuse - Compatible only with 120V, 277V or 347V (phase to neutral) - Consult factory if fusing is required for 208V, 240V or 480V (phase to phase) - Refer to PML spec sheet for availability with PML options - When code dictates fusing, use time delay fuse P Photocell - Must specify UL or 34 voltage PML Programmable Multi-Level - Refer to PML spec sheet for details - Intended for downlight applications with 0° tilt 40K 4000K Color Temperature - Minimum 70 CRI - Color temperature per luminaire TRL Amber Turtle Friendly LEDs - Available only with 350mA - Lumen multiplier from 5700K: 0.32 (350mA) - Power multiplier: 0.76 - 600nm dominant wavelength - Additional shielding (by others) may be required for Florida Fish and Wildlife Conservation Commission compliance Product Description THE EDGE® wall mount luminaire has a slim, low profile design. The luminaire end caps are made from rugged die cast aluminum with integral, weathertight LED driver compartments and high performance aluminum heat sinks specifically designed for LED applications. Housing is rugged aluminum. Includes a lightweight mounting box for installation over standard and mud ring single gang J-Boxes. Secures to wall with four 3/16" (5mm) screws (by others). Conduit entry from top, bottom, sides and rear. Allows mounting for uplight or downlight. Designed and approved for easy through-wiring. Includes leaf/debris guard. Applications: General area and security lighting Accessories Field-Installed Bird Spikes XA-BRDSPK Beauty Plate WM-PLT12** - 12" (305mm) Square WM-PLT14** - 14" (356mm) Square - Covers holes left by incumbent wall packs Hand-Held Remote XA-SENSREM - For successful implementation of the programmable multi-level option, a minimum of one hand-held remote is required Patented NanoOptic® Product Technology Assembled in the U.S.A. of U.S. and imported parts CRI: Minimum 70 CRI CCT: 4000K (+/- 300K), 5700K (+/- 500K) standard Limited Warranty†: 10 years on luminaire/10 years on Colorfast DeltaGuard® finish Performance Summary LED Count (x10) Dim. "A"Weight 02 9.9" (251mm) 20 lbs. (9.1kg) 04 11.9" (303mm)22 lbs. (10.0kg) 06 13.9" (353mm)25 lbs. (11.3kg) 08 15.9" (404mm)27 lbs. (12.2kg) 10 17.9" (455mm)31 lbs. (14.1kg) 12 19.9" (505mm)32 lbs. (14.5kg) “A” 18.3"(464mm) 4.1"(104mm) US: creelighting.com (800) 236-6800 Canada: creelighting-canada.com (800) 473-1234 Product Specifications CONSTRUCTION & MATERIALS • Slim, low profile design • Luminaire sides are rugged die cast aluminum with integral, weathertight LED driver compartment and high performance aluminum heat sinks specifically designed for LED applications • Housing is rugged aluminum • Furnished with low copper, light weight mounting box designed for installation over standard and mud ring single gang J-Boxes • Luminaire can also be direct mounted to a wall and surface wired • Secures to wall with four 3/16" (5mm) screws (by others) • Conduit entry from top, bottom, sides, and rear • Allows mounting for uplight or downlight • Designed and approved for easy through-wiring • Includes leaf/debris guard • Exclusive Colorfast DeltaGuard® finish features an E-Coat epoxy primer with an ultradurable powder topcoat, providing excellent resistance to corrosion, ultraviolet degradation and abrasion. Black, bronze, silver and white are available • Weight: See Dimensions and Weight Chart on page 1 ELECTRICAL SYSTEM • Input Voltage: 120–277V or 347–480V, 50/60Hz, Class 1 drivers • Power Factor: > 0.9 at full load • Total Harmonic Distortion: < 20% at full load • Integral weathertight J-Box with leads (wire nuts) for easy power hook up • Integral 10kV surge suppression protection standard • When code dictates fusing, a slow blow fuse or type C/D breaker should be used to address inrush current • Maximum 10V Source Current: 20 LED (350mA): 10mA; 20LED (525 & 700 mA) and 40-120 LED: 0.15mA REGULATORY & VOLUNTARY QUALIFICATIONS • cULus Listed • Suitable for wet locations • Meets FCC Part 15, Subpart B, Class A limits for conducted and radiated emissions • Enclosure rated IP66 per IEC 60529 when ordered without P or PML options • ANSI C136.2 10kV surge protection, tested in accordance with IEEE/ANSI C62.41.2 • Luminaire and finish endurance tested to withstand 5,000 hours of elevated ambient salt fog conditions as defined in ASTM Standard B 117 • DLC qualified with select SKUs. Refer to https://www.designlights.org/search/ for most current information • Meets Buy American requirements within ARRA • CA RESIDENTS WARNING: Cancer and Reproductive Harm – www.p65warnings.ca.gov THE EDGE® LED Security Wall Pack Luminaire Electrical Data* LED Count (x10) System Watts 120-480V Total Current (A) 120V 208V 240V 277V 347V 480V 350mA 02 25 0.21 0.13 0.11 0.10 0.08 0.07 04 46 0.36 0.23 0.21 0.20 0.15 0.12 06 66 0.52 0.31 0.28 0.26 0.20 0.15 08 90 0.75 0.44 0.38 0.34 0.26 0.20 10 110 0.92 0.53 0.47 0.41 0.32 0.24 12 130 1.10 0.63 0.55 0.48 0.38 0.28 525mA 02 37 0.30 0.19 0.17 0.16 0.12 0.10 04 70 0.58 0.34 0.31 0.28 0.21 0.16 06 101 0.84 0.49 0.43 0.38 0.30 0.22 08 133 1.13 0.66 0.58 0.51 0.39 0.28 700mA 02 50 0.41 0.25 0.22 0.20 0.15 0.12 04 93 0.78 0.46 0.40 0.36 0.27 0.20 06 134 1.14 0.65 0.57 0.50 0.39 0.29 * Electrical data at 25˚C (77˚F). Actual wattage may differ by +/- 10% when operating between 120-277V or 347-480V +/- 10% THE EDGE® Series Ambient Adjusted Lumen Maintenance1 Ambient CCT Initial LMF 25K hr Reported2 LMF 50K hr Reported2 LMF 75K hr Estimated3 LMF 100K hr Estimated3 LMF 5˚C (41˚F) 30K/40K/50K/57K 1.04 1.01 0.99 0.98 0.96 TRL 1.06 1.06 1.06 1.06 1.06 10˚C (50˚F) 30K/40K/50K/57K 1.03 1.00 0.98 0.97 0.95 TRL 1.04 1.04 1.04 1.04 1.04 15˚C (59˚F) 30K/40K/50K/57K 1.02 0.99 0.97 0.96 0.94 TRL 1.03 1.03 1.03 1.03 1.03 20˚C (68˚F) 30K/40K/50K/57K 1.01 0.98 0.96 0.95 0.93 TRL 1.01 1.01 1.01 1.01 1.01 25˚C (77˚F) 30K/40K/50K/57K 1.00 0.97 0.95 0.94 0.92 TRL 1.00 1.00 1.00 1.00 1.00 1 Lumen maintenance values at 25˚C (77˚F) are calculated per IES TM-21 based on IES LM-80 report data for the LED package and in-situ luminaire testing. Luminaire ambient temperature factors (LATF) have been applied to all lumen maintenance factors. Please refer to the Temperature Zone Reference Document for outdoor average nighttime ambient conditions. 2 In accordance with IES TM-21, Reported values represent interpolated values based on time durations that are up to 6x the tested duration in the IES LM-80 report for the LED. 3 Estimated values are calculated and represent time durations that exceed the 6x test duration of the LED. SEC-EDG-3M-WM-04-E-UL-WH-350-30K (SPECIAL ORDER)5 W3SOFFIT QTY LABEL DESCRIPTION US: creelighting.com (800) 236-6800 Canada: creelighting-canada.com (800) 473-1234 Rev. Date: V2 04/23/2020 228 Series™ LED Soffit Luminaire – IC Rated Ordering Information Example: SFT-228-SL-RM-03-E-UL-WH-350 SFT-228 03 E 350 IC Product Optic Mounting LED Count (x10)Series Voltage Color Options Drive Current Options SFT-228 SL Sparkle Petroleum PS Petroleum Symmetric RM Recessed RR Recessed Remodel 03 E UL Universal 120-277V UH Universal 347-480V BK Black BZ Bronze WH White 350 350mA IC IC Rated 40K 4000K Color Temperature - Color temperature per luminaire - Minimum 70 CRI Product Description High performance energy-efficient LED down light designed for use in new construction or remodel applications where there is direct contact with insulation. The recessed mount is for use in drywall, plywood or hard lid ceilings with 16" (406mm) to 24" (610mm) on center building construction. Heavy gauge steel recessed mounting frame features 1.5" (38mm) deep aperture throat to accommodate most standard ceiling thicknesses, and a universal mounting bracket that accepts 0.5" (13mm) EMT conduit, C-channel mounting bars or flat bar hangers with 5" (127mm) vertical adjustment from either above or below the ceiling. An oversized junction box is listed for eight #12 AWG feed through wires. The recessed remodel mount is entirely supported by the ceiling material and is designed to accept ceiling thickness from 0.375" (10mm) to 2.25" (57mm) and is an ideal replacement for recessed 12" (305mm) square HID luminaires. Applications: Petroleum canopies, soffits, indoor retail or industrial spaces Accessories Field-Installed RM Mount Accessories Mounting C-Channel XA-MC14 - Pair of 14" (356mm) rigid 3/4" x 1/2" (19mm x 13mm) galvanized C-Channel bars XA-MC22 - Pair of 22" (559mm) rigid 3/4" x 1/2" (19mm x 13mm) galvanized C-Channel bars XA-MC30 - Pair of 30" (762mm) rigid 3/4" x 1/2" (19mm x 13mm) galvanized C-Channel bars Hanger Bar Mounting Brackets XA-MB4 - Kit contains 4 Patented NanoOptic® Product Technology Assembled in the U.S.A. of U.S. and imported parts CRI: Minimum 70 CRI CCT: 4000K (+/- 300K), 5700K (+/- 500K) standard Limited Warranty†: 10 years on luminaire/10 years on Colorfast DeltaGuard® finish Performance Summary 14.4(364mm) 16.3(413mm) 6.4(163mm) 0.4(10mm) 9.3 (237mm) 11.3(287mm) 13.2" (335mm) 18.4"(468mm) † See http://creelighting.com/warranty for warranty terms LED Count (x10)Weight 03 28.7 lbs. (13.0kg) RM Mount RR Mount - see page 3 for weight & dimensions US: creelighting.com (800) 236-6800 Canada: creelighting-canada.com (800) 473-1234 Product Specifications CONSTRUCTION & MATERIALS • Luminaire sides are rugged die cast aluminum with high performance extruded aluminum heat sinks specifically designed for high power LEDs, factory assembled to the trim and wired to the driver • Driver compartment is constructed of anodized extruded aluminum for exceptional thermal performance • Exclusive Colorfast DeltaGuard® finish features an E-Coat epoxy primer with an ultra-durable powder topcoat, providing excellent resistance to corrosion, ultraviolet degradation and abrasion. Black, bronze and white are available • Weight: See Weight Chart on pages 1 and 3 RM • High performance energy-efficient LED down light, designed for use in new construction applications with drywall, plywood or hard lid ceilings and 16" (406mm) to 24" (610mm) on center building construction • Heavy gauge steel recessed mounting frame features 1.5" (38mm) deep aperture throat to accommodate most standard ceiling thicknesses, and a universal mounting bracket that accepts 0.5" (13mm) EMT conduit, C-channel mounting bars or flat bar hangers with 5" (127mm) vertical adjustment from either above or below the ceiling includes an oversized junction box is listed for eight #12 AWG feed through wires RR • High performance energy-efficient LED down light, designed for remodel application • Entirely supported by the ceiling material and is designed to fit through 12" (305mm) x 12" (305mm) opening • Accepts ceiling thicknesses from 0.375" (10mm) to 2.25" (57mm) • An ideal replacement for 12" (305mm) x 12" (305mm) recessed HID luminaires ELECTRICAL SYSTEM • Input Voltage: 120-277V or 347-480V, 50/60Hz, Class 1 drivers • Power Factor: > 0.9 at full load • Total Harmonic Distortion: < 20% at full load • Integral 10kV surge suppression protection standard • To address inrush current, slow blow fuse or type C/D breaker should be used REGULATORY & VOLUNTARY QUALIFICATIONS • cULus Listed • Suitable for wet locations under covered ceilings • Meets FCC Part 15, Subpart B, Class A limits for conducted and radiated emissions • Consult factory for CE Certified products • ANSI C136.2 10kV surge protection, tested in accordance with IEEE/ANSI C62.41.2 • Luminaire and finish endurance tested to withstand 5,000 hours of elevated ambient salt fog conditions as defined in ASTM Standard B 117 • Type IC in accordance with Article 410 of the NEC and UL 1598, suitable for direct contact with insulation • RM mount listed for eight #12 AWG, 75˚C rated through branch circuit wires • Meets Buy American requirements within ARRA • CA RESIDENTS WARNING: Cancer and Reproductive Harm – www.p65warnings.ca.gov 228 Series™ LED Soffit Luminaire – IC Rated Electrical Data* LED Count (x10) System Watts 120-480V Total Current 120V 208V 240V 277V 347V 480V 350mA 03 34 0.30 0.19 0.18 0.20 0.11 0.09 * Electrical data at 25˚C (77˚F). Actual wattage may differ by +/- 10% when operating between 120-277V +/- 10% 228 Series™ Ambient Adjusted Lumen Maintenance1 Ambient Initial LMF 25K hr Reported2 LMF 50K hr Reported2 LMF 75K hr Estimated3 LMF 100K hr Estimated3 LMF 5˚C (41˚F) 1.04 1.01 0.99 0.98 0.96 10˚C (50˚F) 1.03 1.00 0.98 0.97 0.95 15˚C (59˚F) 1.02 0.99 0.97 0.96 0.94 20˚C (68˚F) 1.01 0.98 0.96 0.95 0.93 25˚C (77˚F) 1.00 0.97 0.95 0.94 0.92 1 Lumen maintenance values at 25˚C (77˚F) are calculated per TM-21 based on LM-80 data and in-situ luminaire testing on sheet metal. Luminaire ambient temperature factors (LATF) have been applied to all lumen maintenance factors. Please refer to the Temperature Zone Reference Document for outdoor average nighttime ambient conditions 2 In accordance with IESNA TM-21-11, Projected Values represent interpolated value based on time durations that are within six times (6X) the IESNA LM-80-08 total test duration (in hours) for the device under testing (DUT) i.e. the packaged LED chip) 3 In accordance with IESNA TM-21-11, Calculated Values represent time durations that exceed six times (6X) the IESNA LM-80-08 total test duration (in hours) for the device under testing (DUT) i.e. the packaged LED chip) SFT-228-PS-RM-03-E-UL-WH-350-30K-IC (SPECIAL ORDER) 12 SCANOPY QTY LABEL DESCRIPTION US: creelighting.com (800) 236-6800 Canada: creelighting-canada.com (800) 473-1234 Rev. Date: V7 04/05/2021 304 Series™ LED Recessed Canopy Luminaire Ordering Information Example: CAN-304-5M-RS-04-E-UL-SV-350 CAN-304 E Product Optic Mounting LED Count (x10)Series Voltage Color Options Drive Current Options CAN-304 5M Type V Medium 5S Type V Short PS Petroleum Symmetric SL Sparkle Petroleum RS Recessed Single Skin RD Recessed Double Skin 04 06 E UL Universal 120-277V UH Universal 347-480V BK Black BZ Bronze SV Silver WH White 350 350mA 525 525mA 700* 700mA DIM 0-10V Dimming -Control by others -Refer to Dimming spec sheet for details -Can't exceed specified drive current F Fuse -Compatible only with 120V, 277V or 347V (phase to neutral) -Consult factory if fusing is required for 208V, 240V or 480V (phase to phase) -Refer to PML spec sheet for availability with PML options -When code dictates fusing, use time delay fuse PML Programmable Multi-Level -Refer to PML spec sheet for details 40K 4000K Color Temperature -Minimum 70 CRI -Color temperature per luminaire TRL Amber Turtle Friendly LEDs -Available only with 350mA -Lumen multiplier from 5700K: 0.32 (350mA) -Power multiplier: 0.76 -600nm dominant wavelength -Additional shielding (by others) may be required for Florida Fish and Wildlife Conservation Commission compliance * 60 LED luminaire requires marked spacing: 48" x 24" x 6" (1,219mm x 610mm x 152mm); 48" (1,219mm) center-to-center of adjacent luminaires, 24" (610mm) luminaire center to side building member, 6" (152mm) top of luminaire to overhead building member Product Description Luminaire housing is constructed from rugged die cast aluminum components (RS Mount) or die cast and extruded aluminum components (RD Mount). LED driver is mounted in a sealed weathertight center chamber that allows for access from below the fixture. Luminaire mounts directly to the canopy deck and is secured in place with die cast aluminum trim frame. Luminaire housing is provided with factory applied foam gasket that provides a watertight seal between luminaire housing and canopy deck. Suitable for use in single or double skin canopies with 16" (406 mm) wide panels. Designed for canopies of 19-22 gauge (maximum 0.040" [1 mm] thickness). Applications: Petroleum stations, convenience stores, drive-thru banks and restaurants, retail and grocery Patented NanoOptic® Product Technology Assembled in the U.S.A. of U.S. and imported parts CRI: Minimum 70 CRI CCT: 4000K (+/- 300K), 5700K (+/- 500K) standard Limited Warranty†: 10 years on luminaire/10 years on Colorfast DeltaGuard® finish Performance Summary 14"SQ(356mm) 2.2"(56mm) 8.7"(220mm) 9.6"(244mm) 2.2"(56mm) 8.7"(220mm) 9.6"(244mm) Programmable Multi-level Sensor location (ordered as an option) RS Mount † See http://creelighting.com/warranty for warranty terms Accessories Field-Installed Hand-Held Remote XA-SENSREM - For successful implementation of the programmable multi-level option, a minimum of one hand-held remote is required Weight 22.0 lbs. (9.9kg) US: creelighting.com (800) 236-6800 Canada: creelighting-canada.com (800) 473-1234 Product Specifications CONSTRUCTION & MATERIALS • RS Mount luminaire housing is constructed from rugged die cast aluminum and incorporates integral, high performance heatsink fins specifically designed for LED canopy applications • RD Mount luminaire housing is constructed from rugged die cast aluminum and features high performance extruded aluminum heatsinks specifically designed for LED canopy applications • LED driver is mounted in a sealed weathertight center chamber that allows for access from below the luminaire • Field adjustable drive current between 350mA, 525mA and 700mA on Non-IC rated luminaires • Luminaire housing provided with factory applied foam gasket and provides for a watertight seal between luminaire housing and canopy deck • Mounts directly to the canopy deck and is secured in place with a die cast aluminum trim frame • RS mount includes integral junction box which allows ease of installation without need to open luminaire • Suitable for use in single (RS Mount) or double (RD Mount) skin canopies with 16" (406mm) wide panels • Designed for canopies of 19-22 gauge (maximum 0.040" [1mm] thickness) • See 228 Series™ canopy luminaires for canopies using 12" (305mm) deck sections • Exclusive Colorfast DeltaGuard® finish features an E-Coat epoxy primer with an ultra-durable powder topcoat, providing excellent resistance to corrosion, ultraviolet degradation and abrasion. Black, bronze, silver, and white are available ELECTRICAL SYSTEM • Input Voltage: 120-277V or 347-480V, 50/60Hz, Class 1 drivers • Power Factor: > 0.9 at full load • Total Harmonic Distortion: < 20% at full load • Integral weathertight electrical box with terminal strips (12Ga-20Ga) for easy power hookup • Integral 10kV surge suppression protection standard • When code dictates fusing, a slow blow fuse or type C/D breaker should be used to address inrush current • 10V Source Current: 0.15mA REGULATORY & VOLUNTARY QUALIFICATIONS • cULus Listed • Suitable for wet locations • Meets FCC Part 15, Subpart B, Class A limits for conducted and radiated emissions • Enclosure meets IP66 requirements per IEC 60529 • ANSI C136.2 10kV surge protection, tested in accordance with IEEE/ANSI C62.41.2 • Luminaire and finish endurance tested to withstand 5,000 hours of elevated ambient salt fog conditions as defined in ASTM Standard B 117 • DLC qualified with select SKUs. Please refer to www.designlights.org for most current information • RoHS Compliant. Consult factory for additional details • Meets Buy American requirements within ARRA • CA RESIDENTS WARNING: Cancer and Reproductive Harm – www.p65warnings.ca.gov 304 Series™ LED Recessed Canopy Luminaire 1 Lumen maintenance values at 25˚C (77˚F) are calculated per IES TM-21 based on IES LM-80 report data for the LED package and in-situ luminaire testing. Luminaire ambient temperature factors (LATF) have been applied to all lumen maintenance factors. Please refer to the Temperature Zone Reference Document for outdoor average nighttime ambient conditions. 2 In accordance with IES TM-21, Reported values represent interpolated values based on time durations that are up to 6x the tested duration in the IES LM-80 report for the LED. 3 Estimated values are calculated and represent time durations that exceed the 6x test duration of the LED. Electrical Data* LED Count (x10) System Watts 120-480V Total Current (A) 120V 208V 240V 277V 347V 480V 350mA 04 46 0.39 0.24 0.22 0.21 0.15 0.12 06 69 0.57 0.34 0.30 0.27 0.21 0.16 525mA 04 71 0.59 0.35 0.31 0.28 0.21 0.16 06 101 0.84 0.49 0.43 0.38 0.30 0.22 700mA 04 94 0.79 0.46 0.40 0.36 0.28 0.21 06 135 1.14 0.65 0.57 0.50 0.40 0.29 * Electrical data at 25˚C (77˚F). Actual wattage may differ by +/- 10% when operating between 120-277V or 347-480V 304 Series™ Ambient Adjusted Lumen Maintenance1 Ambient CCT Initial LMF 25K hr Reported2 LMF 50K hr Reported2 LMF 75K hr Estimated3 LMF 100K hr Estimated3 LMF 5˚C (41˚F) 30K/40K/50K/57K 1.04 1.01 0.99 0.98 0.96 TRL 1.06 1.06 1.06 1.06 1.06 10˚C (50˚F) 30K/40K/50K/57K 1.03 1.00 0.98 0.97 0.95 TRL 1.04 1.04 1.04 1.04 1.04 15˚C (59˚F) 30K/40K/50K/57K 1.02 0.99 0.97 0.96 0.94 TRL 1.03 1.03 1.03 1.03 1.03 20˚C (68˚F) 30K/40K/50K/57K 1.01 0.98 0.96 0.95 0.93 TRL 1.01 1.01 1.01 1.01 1.01 25˚C (77˚F) 30K/40K/50K/57K 1.00 0.97 0.95 0.94 0.92 TRL 1.00 1.00 1.00 1.00 1.00 CAN-304-PS-RM-04-E-UL-XX-525-30K (SPECIAL ORDER)16 C1AREA QTY LABEL DESCRIPTION † See http://creelighting.com/warranty for warranty terms US: creelighting.com (800) 236-6800 Canada: creelighting-canada.com (800) 473-1234 Rev. Date: V10 10/22/2020 THE EDGE® Series LED Area/Flood Luminaire Ordering Information Example: ARE-EDG-2M-AA-12-E-UL-SV-350 E Product Optic Mounting* LED Count (x10) Series Voltage Color Op- tions Drive Current Options ARE-EDG 2M Type II Medium 2MB Type II Medium w/BLS 2MP Type II Me- dium w/ Partial BLS 3M Type III Medium 3MB Type III Medium w/BLS 3MP Type III Medium w/Partial BLS 4M Type IV Medium 4MB Type IV Medium w/BLS 4MP Type IV Medium w/Partial BLS 5M Type V Medium 5S Type V Short AA Adjustable Arm DA Direct Arm DL Direct Long Arm 02 04 06 08 10 12 14 16 E UL Universal 120-277V UH Universal 347-480V BK Black BZ Bronze SV Silver WH White 350 350mA 525 525mA 700 700mA - Available with 20- 60 LEDs DIM 0-10V Dimming - Control by others - Refer to Dimming spec sheet for details - Can't exceed specified drive current - Not available with PML options F Fuse - Compatible only with 120V, 277V or 347V (phase to neutral) - Consult factory if fusing is required for 208V, 240V or 480V (phase to phase) - Refer to PML spec sheet for availability with PML options - When code dictates fusing, use time delay fuse HL Hi/Low (Dual Circuit Input) - Refer to HL spec sheet for details - Sensor not included P Photocell - Refer to PML spec sheet for availability with PML options - Available with UL voltage only PML Programmable Multi-Level, 20-40' Mounting Height - Refer to PML spec sheet for details - Intended for downlight applications at 0˚ tilt PML2 Programmable Multi-Level, 10-30' Mounting Height - Refer to PML spec sheet for details - Intended for downlight applications at 0˚ tilt R NEMA® 3-Pin PhotocellReceptacle - 3-pin receptacle per ANSI C136.10 - Not available with SA mount - Intended for downlight applications with maximum 45˚ tilt - Requires photocell or shorting cap by others - Refer to PML spec sheet for availability with PML options 40K 4000K Color Temperature - Minimum 70 CRI - Color temperature per luminaire TRL Amber Turtle Friendly LEDs - Available only with 350mA - Lumen multiplier from 5700K: 0.32 (350mA) - Power multiplier: 0.76 - 600nm dominant wavelength - Additional shielding (by others) may be required for Florida Fish and Wildlife Conservation Commission compliance Product Description THE EDGE® Series has a slim, low profile design. Its rugged cast aluminum housing minimizes wind load requirements and features an integral, weathertight LED driver compartment and high performance aluminum heat sinks. Various mounting choices: Adjustable Arm, Direct Arm, Direct Arm Long, or Side Arm (details on page 2). Includes a leaf/debris guard. Applications: Parking lots, walkways, campuses, car dealerships, office complexes, and internal roadways Accessories Field-Installed Bird Spikes XA-BRDSPK Hand-Held Remote XA-SENSREM - For successful implementation of the programmable multi-level option, a minimum of one hand-held remote is required Backlight Control Shields XA-20BLS-4 - Four-pack - Unpainted stainless steel Shorting Cap XA-XSLSHRT Patented NanoOptic® Product Technology Assembled in the U.S.A. of U.S. and imported parts CRI: Minimum 70 CRI CCT: 4000K (+/- 300K), 5700K (+/- 500K) standard Limited Warranty†: 10 years on luminaire/10 years on Colorfast DeltaGuard® finish Performance Summary FLD- EDG 25 25˚ Flood 40 40˚ Flood 70 70˚ Flood SN Sign N6 NEMA® 6 AA Adjustable Arm SA Side Arm - Available with 20-60 LEDs “A”3.9"(99mm) 27.1"(688mm) 2.1" (53mm) 18.1"(460mm)NEMA® 3-Pin Photocell Receptacle location (ordered as an option)9.0"(229mm) Convenient, Interlocking Mounting Method LED Count (x10) Dim. "A"Weight 02 12.1" (306mm) 21 lbs. (10kg) 04 12.1" (306mm) 24 lbs. (11kg) 06 14.1" (357mm) 27 lbs. (12kg) 08 16.1" (408mm) 28 lbs. (13kg) 10 18.1" (459mm) 32 lbs. (15kg) 12 20.1" (510mm) 34 lbs. (15kg) 14 22.1" (560mm) 37 lbs. (17kg) 16 24.1" (611mm) 41 lbs. (19kg) DA Mount * Reference EPA and pole configuration suitability data beginning on page 19 AA/DL/SA Mount - see page 22 for weight & dimensions US: creelighting.com (800) 236-6800 Canada: creelighting-canada.com (800) 473-1234 Product Specifications CONSTRUCTION & MATERIALS • Slim, low profile, minimizing wind load requirements • Luminaire sides are rugged die cast aluminum with integral, weathertight LED driver compartment and high performance heat sinks • DA and DL mount utilizes convenient interlocking mounting method. Mounting is rugged die cast aluminum, mounts to 3-6" (76-152mm) square or round pole and secures to pole with 5/16-18 UNC bolts spaced on 2" (51mm) centers • AA and SA mounts are rugged die cast aluminum and mount to 2" (51mm) IP, 2.375" (60mm) O.D. tenons • Includes leaf/debris guard • Exclusive Colorfast DeltaGuard® finish features an E-Coat epoxy primer with an ultra-durable powder topcoat, providing excellent resistance to corrosion, ultraviolet degradation and abrasion. Black, bronze, silver, and white are available • Weight: See Dimensions and Weight Charts on pages 1 and 22 ELECTRICAL SYSTEM • Input Voltage: 120-277V or 347-480V, 50/60Hz, Class 1 drivers • Power Factor: > 0.9 at full load • Total Harmonic Distortion: < 20% at full load • DA and DL mounts designed with integral weathertight electrical box with terminal strips (12Ga–20Ga) for easy power hookup • Integral 10kV surge suppression protection standard • When code dictates fusing, a slow blow fuse or type C/D breaker should be used to address inrush current • Maximium 10V Source Current: 20 LED (350mA): 10mA; 20 LED (525 & 700mA) and 40-80 LED: 0.15mA; 100-160 LED: 0.30mA REGULATORY & VOLUNTARY QUALIFICATIONS • cULus Listed • Suitable for wet locations • Enclosure rated IP66 per IEC 60529 when ordered without P or R options • Consult factory for CE Certified products • Certified to ANSI C136.31-2001, 3G bridge and overpass vibration standards when ordered with AA, DA and DL mounts • ANSI C136.2 10kV surge protection, tested in accordance with IEEE/ANSI C62.41.2 • Meets FCC Part 15, Subpart B, Class A limits for conducted and radiated emissions • Luminaire and finish endurance tested to withstand 5,000 hours of elevated ambient salt fog conditions as defined in ASTM Standard B 117 • DLC qualified with select SKUs. Refer to https://www.designlights.org/search/ for most current information • Meets Buy American requirements within ARRA • CA RESIDENTS WARNING: Cancer and Reproductive Harm – www.p65warnings.ca.gov THE EDGE® LED Area/Flood Luminaire Electrical Data* LED Count (x10) System Watts 120-480V Total Current (A) 120V 208V 240V 277V 347V 480V 350mA 02 25 0.21 0.13 0.11 0.10 0.08 0.07 04 46 0.36 0.23 0.21 0.20 0.15 0.12 06 66 0.52 0.31 0.28 0.26 0.20 0.15 08 90 0.75 0.44 0.38 0.34 0.26 0.20 10 110 0.92 0.53 0.47 0.41 0.32 0.24 12 130 1.10 0.63 0.55 0.48 0.38 0.28 14 158 1.32 0.77 0.68 0.62 0.47 0.35 16 179 1.49 0.87 0.77 0.68 0.53 0.39 525mA 02 37 0.30 0.19 0.17 0.16 0.12 0.10 04 70 0.58 0.34 0.31 0.28 0.21 0.16 06 101 0.84 0.49 0.43 0.38 0.30 0.22 08 133 1.13 0.66 0.58 0.51 0.39 0.28 10 171 1.43 0.83 0.74 0.66 0.50 0.38 12 202 1.69 0.98 0.86 0.77 0.59 0.44 14 232 1.94 1.12 0.98 0.87 0.68 0.50 16 263 2.21 1.27 1.11 0.97 0.77 0.56 700mA 02 50 0.41 0.25 0.22 0.20 0.15 0.12 04 93 0.78 0.46 0.40 0.36 0.27 0.20 06 134 1.14 0.65 0.57 0.50 0.39 0.29 * Electrical data at 25˚C (77˚F). Actual wattage may differ by +/- 10% when operating between 120-277V or 347-480V +/- 10% 1 Lumen maintenance values at 25˚C (77˚F) are calculated per IES TM-21 based on IES LM-80 report data for the LED package and in-situ luminaire testing. Luminaire ambient temperature factors (LATF) have been applied to all lumen maintenance factors. Please refer to the Temperature Zone Reference Document for outdoor average nighttime ambient conditions. 2 In accordance with IES TM-21, Reported values represent interpolated values based on time durations that are up to 6x the tested duration in the IES LM-80 report for the LED. 3 Estimated values are calculated and represent time durations that exceed the 6x test duration of the LED. THE EDGE® Series Ambient Adjusted Lumen Maintenance1 Ambient CCT Initial LMF 25K hr Reported2 LMF 50K hr Reported2 LMF 75K hr Estimated3 LMF 100K hr Estimated3 LMF 5˚C (41˚F) 30K/40K/50K/57K 1.04 1.01 0.99 0.98 0.96 TRL 1.06 1.06 1.06 1.06 1.06 10˚C (50˚F) 30K/40K/50K/57K 1.03 1.00 0.98 0.97 0.95 TRL 1.04 1.04 1.04 1.04 1.04 15˚C (59˚F) 30K/40K/50K/57K 1.02 0.99 0.97 0.96 0.94 TRL 1.03 1.03 1.03 1.03 1.03 20˚C (68˚F) 30K/40K/50K/57K 1.01 0.98 0.96 0.95 0.93 TRL 1.01 1.01 1.01 1.01 1.01 25˚C (77˚F) 30K/40K/50K/57K 1.00 0.97 0.95 0.94 0.92 TRL 1.00 1.00 1.00 1.00 1.00 ARE-EDG-2MB-XX-02-E-UL-XX-350-30K (SPECIAL ORDER)2 A2B ARE-EDG-4MB-XX-02-E-UL-XX-350-30K (SPECIAL ORDER)9 A4B BYRNE DAIRY IRONDEQUOIT, NY RL-7547-S1-R1 From:Christian Brunelle To:Kerry Ivers; Michelle Nichols Cc:Robert Kiley; Erin Brown Subject:Updated Byrne Dairy siteplan and other plans Date:Wednesday, October 13, 2021 9:08:12 AM Attachments:10-5-21 Irondequoit Final Siteplan submitted for Oct 18th PB workshop.pdf 10-5-21 Irondequoit Landscape plan submitted for Oct 18th PB mtg.pdf 10-1-21 Irondequoit Lighting Photometric plan.pdf 10-1-21 Irondequoit Lighting Aerial Images Plan.pdf 10-1-21 Irondequoit Lighting Fixture plan.pdf Kerry and Michelle, Attached you will find an Updated siteplan. We changed the radius’ on the Ridgewood Drive curbcut from 33’ to 20’ which drastically reduced the radius size. The curbcut has the identical radius’ as the Walgreens across the street and our curbcut has a throat width of 30’ and the Walgreens has a throat width of 31’ as we physically measured the Walgreens curbcut last week. We also added a “Trucks No Right Turn” sign on our property for vehicles to see when exiting onto Ridgewood Ave. You will find a sign detail on the plan. We added the Arborvitaes around Dumpster enclosure and moved Air Machine as requested by the Planning Board. I have also attached a Landscape plan and all the Lighting plans that go with the revised Siteplan. I will get you a grading plan and Utility plan ASAP. Please send this email and attached to all Planning Board members and Town Board members at your earliest convenience. We will bring full size copies with us Monday (October 18th) to the PB workshop mtg. Please lmk if you need anything else. Christian Brunelle Senior Executive Vice President Sonbyrne Sales, Inc. DBA: Byrne Dairy Stores 171 Route 5 Weedsport, NY 13166 (315) 214-6455 Ext. 502 Work (315) 420-7575 Mobile Christian.brunelle@byrnedairy.com NOTICE: This electronic mail transmission is confidential and may contain privileged information. If you are not the intended recipient or receive it in error, you may not use, distribute, disclose or copy any of it. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Resolution No. 2021-____________ EXTRACTION OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING A SPENDING PLAN FOR AMERICAN RESCUE PLAN ACT FUNDING 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 19th day of October 2021 at 7:00 P.M. local time; there were PRESENT: John Perticone Town Board Member Patrina Freeman 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, on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President to provide support to State, local and Tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents and businesses; and WHEREAS, the Town of Irondequoit has been allocated approximately $22.45 million as part of the American Rescue Plan Act; and WHEREAS, the Town has reviewed proposals from the community and town staff for use of the funds with its consultant; and WHEREAS, Exhibit A outlines a spending plan for a portion of the Town’s allocation to include allowable projects; and WHEREAS, funding for the projects outlined will be made available from the American Rescue Plan Funding; and WHEREAS, the Town Board determines that the adoption of a spending plan for ARPA funding constitutes 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) (“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 that the discrete projects either do not constitute “actions” for SEQRA purposes, or constitute Type II actions for SEQRA purposes pursuant to 6 NYCRR 617.5(c)(1),(2),(6) and (9), as set forth in column “G” on the spending plan annexed as Exhibit A. NOW, THEREFORE BE IT RESOLVED, that the Town Board authorize the plan for American Rescue Plan Act funding as set forth in Exhibit A. 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 Freeman voting_________________ Town Board Member Romeo voting_________________ Town Board Member Perticone voting_________________ SEQRA Determination Location Project Estimated Cost Description Town Hall Campus --Woodcraft Lodge Renovation of Existing Cabin 125,000 Woodcraft Lodge (located north of Town Hall) is in serious disrepair. Renovation is critical for continuation of Camps, which utilize the facility for instruction and restrooms. Type II: 6 NYCRR § 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 in section 617.4 of this Part”) Rudman Park Baseball Field Upgrades 250,000 Installation of new backstops, fencing and dugouts. Installation of small restrooms. This has been an ongoing discussion with IRLL for many years, however we have not been able to secure funding to complete much needed renovations. 6 NYCRR 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 in section 617.4 of this Part”), (9)("construction or expansion of a primary or accessory/appurtenant, nonresidential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities") Camp Eastman Construction of new Outdoor Restrooms 250,000 Outdoor Restrooms are outdated and very much in disrepair. Currently two of the four are closed permanently due to disrepair. The current restrooms are unsightly to say the least. 6 NYCRR 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 in section 617.4 of this Part”), (9)("construction or expansion of a primary or accessory/appurtenant, nonresidential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities") American Rescue Plan Infrastructure Funding (A) Parks Upgrades to Playgrounds (various locations) Playground Retrofits 300,000 Type II: 6 NYCRR § 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 in section 617.4 of this Part”) Subtotal:925,000 Location Project Estimated Cost Description Hedegarth Sanitary Main Collapse / Replacement 534000 Replacement of a known section of Sanitary Main which is 10 Feet Deep. Approximately 890 lineal feet Type II: 6 NYCRR 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 in section 617.4 of this Part), (6) (street openings and right-of- way openings for the purpose of repair or maintenance of existing utility facilities) Belemeade Sanitary Main Collapse / Replacement 960000 Replacement of a known section of Sanitary Main which is 10 Feet Deep. Approximately 1600 lineal feet Type II: 6 NYCRR 617.5(c)(2) (eplacement, 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 in section 617.4 of this Part), (6) (street openings and right-of- way openings for the purpose of repair or maintenance of existing utility facilities) Ameriage Pump Station Reconstruction of the Pump Station 350000 Replacement of the Pump Station, Confined Space entrance, electric is down below. 18 feet in depth. Type II: 6 NYCRR 617.5(c)(2) (eplacement, 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 in section 617.4 of this Part), (6) (street openings and right-of- way openings for the purpose of repair or maintenance of existing utility facilities) Subtotal:1,844,000 (D) Sewer Location Project Estimated Cost Description Various locations throughout Town Replacement of concrete gutters 1,000,000 6 NYCRR 617.5(c)(1)(maintenance or repair involving no substantial changes in an existing structure or facility), (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 in section 617.4 of this Part) Subtotal:1,000,000 Location Project Estimated Cost Description Irondequoit Ambulance Ambulance Purchase 250,000.00 Irondequoit Ambulance has seen an increase in the number of EMT calls and also wait times at the hospital for patient tansfer Not an Action for SEQRA purposes Irondequoit Police Department Addition of 3 officers 600,000 Addition of officers due to increase in violent crimes Not an Action for SEQRA purposes Town Hall Addition of Sr. Planner 190,000 Administrative work associated with ARPA funds Not an Action for SEQRA purposes Town Facilities Addition of Building Maint Coordinator 200,000 Coordination of cleaning of town facilities Not an Action for SEQRA purposes Update financial/HR software Update HR/Financial Software 400,000 Not an Action for SEQRA purposes Subtotal:1,640,000 Grand Total:5,409,000 ARPA funds may only be used for costs incurred by December 31, 2024. See 42 U.S.C. § 803(c)(1). There are four permissible uses of ARPA funds: “(A) to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; (B) to respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the metropolitan city, nonentitlement unit of local government, or county that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; (C) for the provision of government services to the extent of the reduction in revenue of such metropolitan city, nonentitlement unit of local government, or county due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, nonentitlement unit of local government, or county prior to the emergency; or (D) to make necessary investments in water, sewer, or broadband infrastructure.” Id. (D) Storm (A) Other Negative Economic Impacts Resolution No. 2021 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE CALLING OF A PUBLIC HEARING CONCERNING THE 2022 PRELIMINARY BUDGET 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 19th day of October 2021 at 7:00 P.M. local time; there were PRESENT: John Perticone Town Board Member Patrina Freeman Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney to the Town Town Board Member______________________offered the following resolution and moved its adoption: WHEREAS, a Tentative Budget for 2022 was presented to the Town Board; and WHEREAS, the Town Board held a series of workshops to discuss and review the Tentative Budget and to propose changes, if necessary; and WHEREAS, the proposed changes from the workshops were incorporated into the Preliminary Budget; and WHEREAS, pursuant to Town Law Section 108, the Town Board shall hold a public hearing on the preliminary budget showing such changes, alterations and revisions as shall have been made by the Town Board. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a public hearing on the 2022 Preliminary Budget on November 4, 2021 at 7:35 p.m.; and BE IT FURTHER RESOLVED, that the Town Clerk shall publish notice of the public hearing at least once in the official newspaper of the Town at least five days before the date of the public hearing, and such notice shall state the time when and the place where the public hearing will be held, the purpose thereof, and that a copy of the 2022 Preliminary Budget is available at the office of the Town Clerk where it may be inspected by any interested person during office hours. Such notice shall also specify the proposed salaries of each member of the Town Board and shall be posted on the signboard of the Town not later than five days before the day designated for such hearing. 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 Freeman voting_________________ Town Board Member Romeo voting_________________ Town Board Member Perticone voting_________________ Resolution No. 2021 – EXTRACTION OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING A FUNDS TRANSFER 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 19th day of October 2021 at 7:00 P.M. local time; there were PRESENT: John Perticone Town Board Member Patrina Freeman 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, because of the COVID-19 pandemic, the Town of Irondequoit has been unable to host the Irondequoit Oktoberfest, and there is therefore an unexpended balance of an appropriation in the Irondequoit Oktoberfest fund; and WHEREAS, the Town Board has decided to consolidate the Irondequoit Oktoberfest and the Special Events fund; and WHEREAS, the Oktoberfest Fund has a balance of $32,809.63, and WHEREAS, the Town wishes to transfer the Oktoberfest Fund balance to the Special Events Fund; and WHEREAS, pursuant to Town Law Section 112, the Town Board during a fiscal year may make additional appropriations with the moneys therefor provided from the unexpended balance of an appropriation. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit hereby authorizes the following transfer of funds from the Oktoberfest Fund to the Special Events Fund. Account Debit Account Credit TA233 $32,809.63 TA200 $32,809.63 TA200 $ 32,809.63 TA234 $32,809.63 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 Freeman voting_________________ Town Board Member Romeo voting_________________ Town Board Member Perticone voting_________________ Resolution No. 2021 – EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION IMPLEMENTING GASB 84 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 19th day of October 2021 at 7:00 P.M. local time; there were PRESENT: John Perticone Town Board Member Patrina Freeman 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 Governmental Accounting Standards Board (“GASB”) has adopted Statement 84, a new standard for governmental Fiduciary Activities that became effective in governmental fiscal years first ending December 15, 2020, with the intention of enhancing the consistency and comparability of fiduciary activity information primarily for assessing the accountability of governments in their roles as fiduciaries; and WHEREAS, Statement 84 establishes standards of accounting and financial reporting for fiduciary activities and applies to all state and local governments, and WHEREAS, the Town implemented GASB 84 requirements to its financial statements for the fiscal year ending December 31, 2020 as required; and WHEREAS, the implementation of GASB 84 identified several funds, previously classified as fiduciary funds, that no longer meet the criteria of fiduciary funds, and have had no activity in the past 10 years; and WHEREAS, closure of these accounts is recommended and deemed governmental fund balance recognized as a prior period adjustments in the financial statements; Account Debit Account Credit TA212 $133,384.43 TA213 $84,838.97 TA200 $218,223.40 A0200 $218,223.40 A0909 $218,223.40; and WHEREAS, Town Law Sections 112 provides that the Town Board during a fiscal year may make additional appropriations with the moneys therefor provided from the unexpended balance of an appropriation. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of Irondequoit hereby authorizes the closure of the inactive accounts and funds be transferred to general fund balance. 1317233_2 AND, BE IT FURTHER RESOLVED, that $155,000 of the transferred fund balance be appropriated for the purchase of police vehicles and parks equipment as follows: 001.3120.2155 $125,000 001.7110.2130.0000.7142 $30,000 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 Freeman voting_________________ Town Board Member Romeo voting_________________ Town Board Member Perticone voting_________________ . Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE 2022 HOLIDAY SCHEDULE FOR ALL TOWN OF IRONDEQUOIT EMPLOYEES At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 19th day of October 2021, at 7:00 P.M. local time: there were PRESENT: John Perticone Town Board Member Patricia Freeman Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, each year the Town Board approves a Holiday Schedule for all the Employees of the Town of Irondequoit; and WHEREAS, it is the policy of the Town of Irondequoit to set forth the specific hours of work for employees working for the Town; and WHEREAS, Employees’ work schedules and meal periods are established by the Department Heads with respect to normal business hours, department needs and the collective bargaining agreements; and WHEREAS, the normal business hours for the Town Hall are 8:30 a.m. to 4:30 p.m. Monday through Friday with a one (1) hour lunch; NOW, THEREFORE BE IT RESOLVED, that the Town Board has reviewed and approves the following 2022 Holiday Schedule 1. New Year’s Day (observed*) Friday, December 31, 2021 2. Martin Luther King Jr. Day Monday, January 17, 2022 3. Presidents Day Monday, February 21, 2022 4. Good Friday Friday, April 15, 2022 5. Memorial Day Monday, May 30, 2022 6. Independence Day Monday, July 4, 2022 7. Labor Day Monday, September 5, 2022 8. Columbus Day Monday, October 10, 2022 9. Veterans Day Friday, November 11, 2022 10. Thanksgiving Thursday, November 24, 2022 11. Day after Thanksgiving Friday, November 25, 2022 12. Christmas Day (observed) Monday, December 26, 2022 13. Personal Floating Holiday Unspecified This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ 10423305_1 Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT FOR CABLE ACCESS TELEVISION WITH EAST IRONDEQUOIT CENTRAL SCHOOL 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 19th day of October, 2021 at 7:00 P.M. local time; there were: PRESENT: John Perticone Town Board Member Patrina Freeman 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, by Resolution dated August 17, 2021, the Town awarded a bid to TelVue Corporation (“TelVue”) for the procurement of a multimedia playback system and related infrastructure for the Irondequoit Cable Access Television (“ICAT”) program; and WHEREAS, the East Irondequoit Central School District (“School District”) wishes to use ICAT to televise its proceedings and events; and WHEREAS, the Town has procured from TelVue the equipment and services required for the School District to televise its proceedings and events on ICAT, and is willing to allow the district to use ICAT, provided that the district pays the Town for its share of the upfront and annual costs for equipment, installation, training, cloud-based hosting fees, technical support, and closed captioning fees; and WHEREAS, Section 119-o of the General Municipal Law authorizes municipal corporations, defined to include school districts, to enter into agreements for the performance amongst themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor or Acting Supervisor to enter into an intermunicipal agreement with the East Irondequoit School District, in substantially the form annexed hereto as Exhibit A, for its use of ICAT, and to execute any further and additional documents required for such agreement. This resolution shall take effect immediately upon its adoption. 10423305_1 Seconded by Town Board Member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ 1 10423361_1 INTERMUNICIPAL AGREEMENT FOR CABLE ACCESS TELEVISION THIS INTERMUNICIPAL AGREEMENT FOR CABLE ACCESS TELEVISION (“Agreement”), made and entered into this __ day of __________, 2021 (“Effective Date”), between the TOWN OF IRONDEQUOIT, a municipal corporation, having its offices at 1280 Titus Avenue, Rochester, New York 14617 (the “Town”) and the EAST IRONDEQUOIT CENTRAL SCHOOL DISTRICT, a school district having its offices at 600 Pardee Road, Rochester, NY 14609 (the “District”). WITNESSETH: WHEREAS, the Town maintains and operates Irondequoit Cable Access Television (“ICAT”), allowing community and government proceedings to be televised via cable television networks and digital media streaming services; and WHEREAS, by Resolution dated August 17, 2021, the Town awarded a bid to TelVue Corporation (“TelVue”) for the procurement of a multimedia playback system and related infrastructure for the ICAT program; and WHEREAS, the District wishes to participate in ICAT, and wishes to use the Town’s television network to televise District proceedings and events; and WHEREAS, the Town has procured from TelVue the equipment and services required for the District to televise its proceedings and events on ICAT, and is willing to allow the District to use ICAT, provided that the District pay the Town for its share of the upfront and annual costs for equipment, installation, training, cloud-based hosting fees, technical support, and closed captioning fees; and WHEREAS, Section 119-o of the General Municipal Law authorizes municipal corporations, defined to include school districts, to enter into agreements for the performance amongst themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the District and the Town agree as follows: 1. Scope of Services: The Town hereby agrees to provide the District with the equipment, installation services, and training services required for the District to televise its proceedings and events via ICAT, and to further allow the District to acquire all licenses and technical support services necessary to the foregoing. The Town reserves all rights to coordinate scheduling and dates of televised events and proceedings amongst itself, the District, and other entities or persons using ICAT. 2 10423361_1 2. Payment for Services: The District will pay the Town as follows: a. Initial Fees and Expenses. Within 30 days of the Effective Date, the District will pay the Town $4,626, reflecting the sum of: (i) a Live U Box costing $1,495; (ii) the price of one application development fee of $1,475; (iii) the cost of training and installation, with the District’s share being $765; and (iv) a one- time licensing fee of $891. b. Annual Fees and Expenses. By January 31st of each year following the Effective Date, and continuing during any term or renewal term of this Agreement, the District shall pay the Town $1,360, reflecting the sum of: (i) an annual cloud-based service fee of $840; and (ii) an annual technical support fee of $520. c. Closed Captioning Fees. The Town holds an option to purchase closed captioning service hours (“CC Hours”) in bulk from TelVue, with the rates for such CC Hours depending on the total number of CC Hours purchased. The parties hereby agree that the District may purchase increments of CC Hours from the Town, provided that the Town has an excess of CC Hours not used for the Town’s purposes. The price for such purchases will equal the per-CC hour cost to the Town, multiplied by the increment purchased by the District, calculated as follows: Cost of CC Hours purchased in bulk by Town X Increment of CC Hours Purchased by District Number of CC Hours purchased in bulk by Town The Town reserves the right and sole discretion to allocate excess CC Hours among all participants in the ICAT program. Should the District wish to purchase from TelVue its own bulk allotment of CC Hours, it will coordinate such purchase through the Town, with the Town acting as the District’s purchasing agent. This District will be liable, and the Town will have no liability, for any claims arising from such purchases, and the District will defend, indemnify, and hold harmless the Town from all such claims, unless such claims arise from or in connection with any negligent act or omission of the Town, its officers, employees, or representatives. 3. Term: This Agreement shall commence on the Effective Date and end five (5) years thereafter. Either party, upon ninety (90) days written notice to the other, may terminate this Agreement (“Early Termination”). Upon such Early Termination, the District shall remain liable for any annual fees and expenses due for the year in which such Early Termination occurred, pro- rated as of the date of termination. The parties may by written agreement renew this Agreement for additional five-year terms. 3 10423361_1 4. Insurance: Both the Town and the District agree to obtain and thereafter continue to keep in full force and effect as part of its general liability insurance, public liability insurance relative to this Agreement during all phases of the performance of the various provisions this Agreement. 5. Indemnification: The District and the Town agree that each will perform its duties and/or exercise its rights under this Agreement in such a manner as not to create an unreasonable risk of liability or damage to the other party or third parties, and the District and the Town at all times shall maintain their property and equipment in a reasonably safe condition and neither party shall assume such obligation for the other. The Town shall indemnify and hold harmless the District from any and all claims, damages, liabilities, or expenses, including all such claims, damages, liabilities, or expenses asserted by third parties, to the extent arising out of the negligence of the Town, its officers, employees, or representatives as adjudicated in a final judgment of a court of competent jurisdiction, relating to, or concerning this Agreement. The District shall indemnify and hold harmless the Town from any and all claims, damages, liabilities, or expenses, including all such claims, damages, liabilities, or expenses asserted by third parties, to the extent arising out of the negligence of the District, its officers, employees, or representatives as adjudicated in a final judgment of a court of competent jurisdiction, relating to, or concerning this Agreement. The provisions of this paragraph shall survive expiration or termination of this Agreement for any reason whatsoever. 6. Authority for Execution on Behalf of the Town: The Supervisor or Acting Supervisor has executed this Agreement pursuant to a resolution adopted by the Town Board of the Town of Irondequoit, at a meeting held on ____________, 2021, and the person whose signature appears hereafter for the Town is duly authorized and empowered to execute this Agreement and enter into such an agreement on behalf of the Town. This Agreement may be executed in counterparts, each of which will be considered an original. 7. Authority for Execution on Behalf of the District: The District has executed this Agreement pursuant to a resolution adopted by the District’s Board of Education, at a meeting held on ___________, 2021, and the person whose signature appears hereafter for the District, is duly authorized and empowered to execute this Agreement and enter into such an agreement on behalf of the District. Agreement may be executed in counterparts, each of which will be considered an original. 8. Notices: Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: To the Town: Irondequoit Community Access Television Town of Irondequoit 1280 Titus Avenue Rochester, NY 14617 To the District: Superintendent of Schools East Irondequoit Central School District 4 10423361_1 600 Pardee Road Rochester, NY 14609 9. Waiver: No waiver of any breach of any condition of this Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. 10. Modification: No modification of any provisions of this Agreement shall be valid unless in writing and signed by both parties. 11. Assignment: Neither party may assign this Agreement without prior written consent of the other party. 12. Governing Law: This Agreement, the performance hereunder and all questions relating thereto, shall be construed in accordance with the laws of the State of New York. The parties shall comply with all applicable laws, rules and regulations in all actions taken pursuant to this Agreement. Monroe Town, New York, shall be the venue of any action or proceeding arising from or related to this agreement. 13. Severability: If any provision of this Agreement or the application thereof to any person or circumstances, is adjudged invalid by a court of competent jurisdiction, the Commissioner of Education or other administrative agency, such judgment or ruling shall not affect or impair the validity of the other provisions of the Agreement or the application thereof to other persons and circumstances. 14. Entire Agreement: This Agreement constitutes the entire agreement between the parties with reference to the subject matter hereof and as of the Effective Date it replaces any prior agreement regarding the subject matter. There are no terms, conditions, or obligations other than those contained herein and there are no written or verbal statements or representations, warranties, or agreements with respect to this Agreement which have not been embodied herein. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the dates set forth in the respective acknowledgements below, to be effective for all purposes, however, as of the Effective Date. TOWN OF IRONDEQUOIT EAST IRONDEQUOIT CENTRAL SCHOOL DISTRICT 5 10423361_1 By: Name: Title: Date: ___________________, 2021 By: Name: Mary Grow Title: Superintendent of Schools Date: __________________, 2021 Resolution No. 2021-__ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING ENTRY INTO MEMORANDUM OF AGREEMENT WITH THE NIGHTSTICK CLUB, P.B.A. 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 19th day of October, 2021, at 7:00 P.M. local time; there were: PRESENT: 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 and the Nightstick Club, P.B.A., Inc. (“Union”) are parties to a collective bargaining agreement for the period of January 1, 2020 through December 31, 2022; and WHEREAS, the Town and Union wish to recruit transfer officers for hire and to increase the candidate pool, and wish to memorialize their agreement that officers hired after the date of such agreement and before December 31, 2022 will qualify for medical insurance benefits in retirement. NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Supervisor or Acting Supervisor and the Chief of Police to execute the Memorandum of Agreement, in substantially the form annexed hereto and in such final form as approved by the Attorney for the Town. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Supervisor or Acting Supervisor and Chief of Police are authorized to execute the Memorandum of Understanding retroactive to ________________, 2021. This resolution shall take effect immediately upon its adoption. Town Board Member Wehner voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Board Member Perticone voting _______ 1 of 1 MEMORANDUM OF AGREEMENT This MEMORANDUM OF AGREEMENt (the “Agreement”) is made this ___ day of _______________, 2021 between the TOWN OF IRONDEQUOIT (the “Town”) and the THE NIGHTSTICK CLUB, P.B.A., INC. (the “Union”). WHEREAS, the Town and the Union are parties to a collective bargaining agreement for the period of January 1, 2020 through December 31, 2022 (the “CBA”); and WHEREAS, Section 14.4 outlines qualifications for retirement health insurance benefits; and WHEREAS, the parties desire to recruit transfer officers for hire; and WHEREAS, the parties desire to increase the candidate pool; and NOW THEREFORE, the Town and the Union hereby agree as follows: 1. Officers hired by the Town after the date of this agreement and before December 31, 2022 qualify for the benefits set forth in Section 14.4: Medical Insurance (Retired Members) when they meet the following conditions: a. The employee must retire directly into and/or under the New York State Police and Fire Retirement System from active, full-time employment with the Town and receive a pension therefrom; and b. The employee must have twenty (20) years or more of service under the New York State Police and Fire Retirement System, with at least the final ten (10) years of service with the Town immediately preceding retirement. 2. The Union and the Town agree that this Agreement is entered solely on the basis of the facts and circumstances of this particular situation. This Agreement does not establish a precedent or practice, and does not in any way prejudice the rights of either the Union or the Town with regard to any other matter under the CBA or otherwise. 3. This Agreement constitutes the complete agreement between the parties. 4. Unless renewed or extended by written agreement of the Town and the Union, this Agreement shall expire on December 31, 2022. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written. THE NIGHTSTICK CLUB, P.B.A., INC. TOWN OF IRONDEQUOIT Jeffrey Colegrove President John Perticone Acting Town Supervisor Alan Laird Chief of Police Resolution No. 2021- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD MEETING ADOPTING A RESOLUTION AUTHORIZING ATTENDANCE TO THE NEW YORK STATE ASSOCIATION OF CHIEFS OF POLICE/NEW YORK STATE SHERIFF’S ASSOCIATION 2021 LEADERSHIP SUMMIT 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 19th day of October 2021, at 7:00 P.M. local time; there were: PRESENT: Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, it is requested that Chief Alan Laird attend the 2021 Leadership Summit being offered by the New York State Association of Chiefs of Police and the New York State Sheriff’s Association in Lake George, New York, beginning November 3, 2021 and ending November 4, 2021; and WHEREAS, funding for this conference is available in the 2021 Police Department budget, Account 001-3120-4100. Approximate cost will be $365.00. NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes Chief Alan Laird’s attendance at the 2021 Leadership Summit being offered by the New York State Association of Chiefs of Police and the New York State Sheriff’s Association in Lake George, New York, beginning November 3, 2021 and ending November 4, 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 Romeo voting_____________ Town Board Member Freeman voting_____________ Resolution No. 2021- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD MEETING ADOPTING A RESOLUTION AUTHORIZING ATTENDANCE TO SAFARILAND’S MONADNOCK EXPANDABLE BATON INSTRUCTOR COURSE 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 19th day of October 2021, at 7:00 P.M. local time; there were: PRESENT: Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, it is requested that Investigator Bradley Lape and Officer Dean Kay attend the Monadnock Expandable Baton Instructor Course offered by Safariland, LLC in Mechanicsburg, Pennsylvania, beginning November 10, 2021 and ending November 11, 2021; and WHEREAS, funding for this conference is available in the 2021 Police Department budget, Account 001-3120-4100. Approximate cost will be $1,292.00. NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes Investigator Bradley Lape and Officer Dean Kay’s attendance at the Monadnock Expandable Baton Instructor Course offered by Safariland, LLC in Mechanicsburg, Pennsylvania, beginning November 10, 2021 and ending November 11, 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 Romeo voting_____________ Town Board Member Freeman voting_____________ Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A COMMENCEMENT DATE AGREEMENT WITH SKYVIEW PHASE I LLC 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 19th day of October, 2021 at 7:00 P.M. local time; there were: PRESENT: John Perticone Town Board Member Patrina Freeman 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, on January 30, 2019, the Town, as lessee, entered into a Lease Agreement (“Lease”) to utilize space located at the former Irondequoit Mall for the purpose of constructing a community center (the “Irondequoit Community Center”); and WHEREAS, the Lease requires the Town to enter into a Commencement Date Agreement with the landlord, Skyview Phase I LLC, as it intends to open the doors of the Irondequoit Community Center on or about October 4, 2021, as shown in Exhibit (“A”). NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor or Acting Supervisor to enter into a Commencement Date Agreement with Skyview Phase I LLC in regards to the opening of the Irondequoit Community Center in substantially the form annexed hereto as Exhibit A and in such final form as approved by the Attorney for the Town, and further authorizes such execution to be effective as early as October 4, 2021 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Exhibit “A” - 1 - 10385831_2 DRAFT: SUBJECT TO CHANGE COMMENCEMENT DATE AGREEMENT THIS COMMENCEMENT DATE AGREEMENT (“Agreement”) effective October 4, 2021, by and between Skyview Phase I LLC (“Landlord”) and the TOWN OF IRONDEQUOIT (“Tenant”) with respect to that certain Lease Agreement dated as of January 30, 2019 (“Lease”), assigned to Landlord pursuant to the Assignment and Assumption of Lease and Project Schedule, dated April 13, 2020, pursuant to which Tenant has leased from Landlord the building located on Lot 103 (“Premises”) located at 285 Medley Center Parkway, Town of Irondequoit, New York. WITNESSETH: WHEREAS, Tenant is nearing completion of the construction of the Irondequoit Community Center (“ICC”), a community center located at the Premises, and intends to open the ICC to guests on or about October 4, 2021, provided that it first obtains a certificate of occupancy for the ICC; and WHEREAS, as set forth in the Lease, “the Rent Commencement Date 1 shall be the date that Tenant first opens the Premises for use by its guests and invitees. Promptly following the determination of the Rent Commencement Date, the parties shall enter into a Commencement Date Agreement prepared by Landlord setting forth the Rent Commencement Date and expiration dates and confirming the actual usable square footage of the Premises. If the usable square footage changes from that set forth herein, all provisions of this Lease which are determined with reference to such square footage shall be appropriately revised and reflected on such Commencement Date Agreement, including but not limited to Base Rent and Tenant's Pro-Rata Share of Operating Expenses”; and WHEREAS, the parties wish to specify the useable square footage of the Premises and other areas in order to calculate the Tenant’s Pro-Rata Share of Operating Expenses. NOW THEREFORE, in consideration of the mutual covenants and agreements stated in the Lease, and intending that this Agreement may be relied upon by both Landlord and Tenant, the parties hereby agree follows: 1. RENT COMMENCEMENT DATE: October 4, 2021 3. USABLE SQUARE FOOTAGE OF PREMISES: 41,339 4. TENANT’S BUILDING PRO RATA SHARE: 23.14% 5. TENANT’S MALL PRO RATA SHARE: 10.95% 1 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed in the Lease. - 2 - 10385831_2 6. TENANT’S EXTERIOR AREA PRO RATA SHARE: 6.05% 7. EXERCISE DATES FOR RENEWAL TERM: Tenant may exercise its option to renew for the: first renewal term on or before August 1, 2046 and second renewal term on or before August 1, 2051. 8. ESTIMATED TOTAL PRO- RATA SHARE OF OPERATING EXPENSES FOR 2021: Pursuant to Section 7(a) of the Lease, the Landlord estimates that the projected total of Tenant’s Pro-Rata Share of Operating Expenses for the period from October 4, 2021 through December 31, 2021 is _______________. Subject to its rights of audit and reconciliation (including adjustments for the Landlord’s Share of Upfront Costs of Butt Glazed Windows as set forth in that Second Amendment to Project Schedule, dated March 17, 2021), Tenant shall pay one third of such estimated amount on: (1) a date that is within three days of the last date of execution hereof, (2) November 1, 2021, and (3) December 1, 2021. - 3 - 10385831_2 [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties have signed this Agreement as of the date first above written. LANDLORD: SKYVIEW PHASE I LLC BY: ___________________________ NAME: _________________________ TITLE: _________________________ TENANT: TOWN OF IRONDEQUOIT BY: ___________________________ NAME: John Perticone TITLE: Deputy Supervisor, Acting Supervisor Resolution No. 2021 – EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE CAPITAL IMPROVEMENT PROGRAM FOR THE TOWN OF IRONDEQUOIT FOR 2022 THROUGH 2027 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 19th day of October 2021 at 7:00 P.M. local time; there were PRESENT: John Perticone Town Board Member Patrina Freeman 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, it is necessary for the Town to establish a multi-year plan for the implementation of capital improvements; and WHEREAS, a plan including projects to be implemented during the six (6) years from 2022 through 2027 has been presented to the Town Board and is attached to this resolution; and WHEREAS, this document is a plan, is subject to change at any time, and does not provide financing of any project or commit the Town to undertaking any project; and WHEREAS, financing for each project is required to be authorized by the Town Board in separate resolutions through either borrowing, appropriations in the annual operating budget, grant funding, or other specific sources; and WHEREAS, actions undertaken by the Town of Irondequoit must comply with environmental review procedures established in 6 NYCRR Part 617 and the State Environmental Quality Review (SEQR); and WHEREAS, that Town of Irondequoit Capital Improvement Plan (“CIP”) contains a variety of projects and activities that vary in scale and scope; and WHEREAS, the New York Department of Environmental Conservation (NYSDEC) has designated in 6 NYCRR § 617.5[c] various “Type II” actions which will not have a significant impact on the environment and therefore are not subject to review pursuant to the New York State Environmental Quality Review Act (“SEQRA”); and WHEREAS, the CIP contains projects that are classified as Type II actions because they are among the listed Type II actions identified in 6 NYCRR §617.5(c); and WHEREAS, the 2024 Parks and Recreation Upgrades to Playgrounds and Town Parks project (various improvements to our parks and playground equipment, including but not limited to: playground construction and equipment replacement and upgrades, and other various improvements to Town Parks) is classified Type II because the actions involved the maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]), replacement, rehabilitation or reconstruction of a structure or facility in kind on the same site (6 NYCRR §617.5[c][2]), installation of telecommunications cables in existing highway or utility rights of way (6 NYCRR §617.5[c][7]); and WHEREAS, the 2024 DPW Road Paving and Improvements project (roadway resurfacing projects throughout the Town) is classified Type II because the actions involve maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]), repaving of existing highways not involving the addition of new travel lanes (6 NYCRR §617.5[c][5]), street openings or right-of-way openings for the purpose of repair or maintenance of existing utility facilities (6 NYCRR § 617.5[c][6]); and WHEREAS, the 2022 Seneca Road and Colebrook Drive/ Edgewater Drive Slope Stabilization Project is a classified as a “Type II” action within the meaning of the State Environmental Quality Review Act and the regulations of the New York State Department of Environmental Conservation thereunder (collectively, “SEQRA”) and that no further action under SEQRA with respect to the Project need be taken by the Town Board as a condition precedent to the adoption of this resolution; and WHEREAS, the 2022, 2024 DPW Sidewalk Improvements project (replace broken sidewalks, remove curb step barriers at intersections) is classified as Type II because the actions involve maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]) and replacement, rehabilitation or reconstruction of a structure or facility in kind on the same site (6 NYCRR §617.5[c][2]); and WHEREAS, the, 2023, and 2025 DPW Sewer Laterals and Mains Project (excavation and replacement of lateral sewer services at various locations throughout the Town) is classified Type II because the actions involve maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]) and street openings or right-of-way openings for the purpose of repair or maintenance of existing utility facilities (6 NYCRR § 617.5[c][6]); and WHEREAS, the 2024, 2026, and 2027 DPW Drainage Improvements project (reconstruction and installation of storm sewers, roadside drainage, and stormwater drainage facilities, and other improvements) are classified Type II because the actions involve the maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]), replacement, rehabilitation or reconstruction of a structure or facility in kind on the same site (6 NYCRR §617.5[c][2]), extension of utility distribution facilities, including gas, electric, telephone, cable, water and sewer connections to render service in approved subdivisions or in connection with any action on this list (6 NYCRR §617.5[c][13]), and conducting concurrent engineering and other studies 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 (6 NYCRR §617.5[c][27]); and WHEREAS, the 2023 DPW Pump Station Upgrades project (reconstruction of a pump station in need of rehabilitation) are classified Type II because the actions involve the maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]) and replacement, rehabilitation or reconstruction of a structure or facility in kind on the same site (6 NYCRR §617.5[c][2]). NOW, THEREFORE BE IT RESOLVED, that the Capital Improvement Program for 2022 through 2027 is approved by 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE A QUIT CLAIM DEED FOR THE ABANDONMENT OF MASSASOUG DRIVE 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 19th day of October, 2021 at 7:00 P.M. local time; there were: PRESENT: John Perticone Town Board Member Patrina Freeman Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member______________________offered the following resolution and moved its adoption: WHEREAS, pursuant to Town Resolution 2013-156 the Town Board abandoned Massasoug Drive being a paper roadway that it did not maintain or develop for nearly seventy (70) years; and WHEREAS, a portion of Massasoug Drive lies on the property of 191 Shore Drive. A former property owner of 191 Shore Drive installed a driveway on the east side of Massasoug Drive; and WHEREAS, the Town desires to execute a Quitclaim Deed with Thomas J. Scheg and Suzanne Scheg, the current owners of 191 Shore Drive, in regards to the abandonment of any Town interest in Massasoug Drive; and WHEREAS, a copy of the Quitclaim Deed is attached in Exhibit “A.” NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor or Acting Supervisor to execute a Quitclaim Deed, to disclaim its interest (if any) in Massasoug Dr., with Thomas J. Scheg and Suzanne Scheg whose mailing address is 191 Shore Drive, Rochester, NY 14622 in such form as approved by the Attorney for the Town. AND, THEREFORE BE IT FURTHER RESOLVED, that the Town Board determines that the actions contemplated herein, the execution of a quitclaim deed disclaiming its interests in Massasoug Dr., constitute a Type II action pursuant to the New York State Environmental Quality Review Act and its accompanying regulations, 6 N.Y.C.R.R. § 617.5(c) (21) (minor temporary uses of land having negligible or no permanent impact on the environment), (26) routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment, and therefore further environmental review is not required. 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Exhibit “A” Resolution No. 2021-__ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT WITH RESPECT TO ACCEPTING THE DEDICATION OF LAND FOR HIGHWAY PURPOSES 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 19th day of October, 2021 at 7:00 p.m. local time; there were PRESENT: John Perticone Town Board Member Patrina Freeman 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, I-Square, LLC has made offered to dedicate to the Town for highway purposes a certain parcel of land, which is an approximately 356.14 feet / .067 miles long asphalt surface road beginning at Titus Avenue and ending at Stranahan Park with a 60-feet wide Right of Way (the “Land”); and WHEREAS, the Commissioner of Public Works wishes to accept the dedication of the Land and to lay the Land out for highway purposes; and WHEREAS, the dedication and laying out of the Land is an Unlisted action under the State Environmental Review Act (“SEQRA”); and WHEREAS, pursuant to 6 NYCRR 617.6(b)(4), the Town Board wishes to engage in an uncoordinated review; and WHEREAS, the Town Board has received and reviewed the short Environmental Assessment Form (“EAF”) dated September 30, 2021 with respect to the dedication and laying out of the Land and has considered the potential environmental impacts of the proposed action pursuant to the requirements of SEQRA and found that the proposed action will not result in any significant adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED, that the Town Board assumes lead agency status for an uncoordinated review of the dedication and laying out of the Land. AND, BE IT FURTHER RESOLVED, that the Town Board adopts the Negative Declaration for the dedication and laying out of the Land in the form attached and determines that no Environmental Impact Statement is required. AND, BE IT FURTHER RESOLVED, that the Town Supervisor or Acting Supervisor shall file the Negative Declaration along with this Resolution with the Town Clerk and forward these documents to any person who requests a copy, maintain the EAF and Negative Declaration in a file regularly accessible to the public. AND, BE IT FURTHER RESOLVED, that the requirements of 6 NYCRR Part 617 have been met. This resolution shall take effect immediately upon its adoption. Town Board Member Wehner voting _______ Town Board Member Romero voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Resolution No. 2021_______ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION ACCEPTING THE DEDICATION OF LAND FOR HIGHWAY PURPOSES 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 October 19, 2021 at 7:00 pm; there were PRESENT: John Perticone Town Board Member Patrina Freeman 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, I-Square, LLC has made offered to dedicate to the Town for highway purposes a certain parcel of land, which is an approximately 356.14 feet / .067 miles long asphalt surface road beginning at Titus Avenue and ending at Stranahan Park with a 60- feet wide Right of Way, as shown on the Dedication Map prepared by O’neill-Rodak Land Surveying Associates, PC dated August 9, 2021, which is attached hereto as Exhibit A and made a part hereof; and WHEREAS, a legal description of the land to be dedicated to the Town of Irondequoit is attached in Exhibit B; and WHEREAS, the Commissioner of Public Works/Superintendent of Highways recommends the acceptance of the dedication; and WHEREAS, pursuant to Resolution _________, the Town Board adopted a negative declaration for the actions contemplated herein pursuant to the State Environmental Quality Review Act; and WHEREAS, pursuant to Highway Law Section 171, the superintendent of highways may with the consent of the Town Board accept and lay out the dedication of land for highway purposes. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby accepts the dedication of the land from I-Square, LLC for use as a Town highway. AND, BE IT FURTHER RESOLVED, that the Town Board hereby gives its consent to the Commissioner of Public Works/Superintendent of Highways to make an order laying out the land for highway purposes. AND, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor or Acting Supervisor to execute any and all documents related to accepting this dedication. 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Exhibit “A” Exhibit “B” Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO SIGN AN AGREEMENT FOR MAPPING SOFTWARE FOR THE CEMETERY AND AUTHORIZING BUDGET TRANSFER 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 19th day of October, 2021 at 7:00 P.M. local time; there were: PRESENT: John Perticone Town Board Member Patrina Freeman Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member______________________offered the following resolution and moved its adoption: WHEREAS, the Irondequoit Cemetery currently consists of nine (9) acres of land and three (3) columbarium’s; and WHEREAS, the Irondequoit Cemetery is a portion of the Department of Public Works and would like to have the Supervisor enter into an agreement with Vast Data Concepts, LLC dba webCemeteries to have performed the professional service of an inventory mapping of plots and columbarium’s within the Irondequoit Cemetery; and WHEREAS, inventory mapping will enable staff and residents to be able to enhance the ability to properly locate plots and locations within a columbarium as well as the ability to choose a plot while reviewing the surrounding; and WHEREAS, the term of this agreement commences from the date of the Order Form for three (3) consecutive years with automatic annual renews for a period of one (1) year within the three (3) years. Furthermore, this agreement can be cancelled by either party at the end of an annual term with not less than ninety (90) days written notice; and WHEREAS, the total price of the agreement shall be $4,200, and requires a transfer of funding available from revenue account #001.0001.2191, which has increased because of cemetery sales. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to enter into an agreement with Vast Data Concepts, LLC dba webCemeteries in such form as approved by the Attorney for the Town; AND THEREFORE BE IT FURTHER RESOLVED, THAT THE Town Board authorizes a budge transfer of $4,200 from revenue account # 001.0001.2191 to expense account #001.8810.4090 (computer software). 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PURCHASE OF RIDE ON LEAF BLOWER AND INCLUDING BUDGET TRANSFER 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 19th day of October, 2021 at 7:00 P.M. local time; there were: PRESENT: John Perticone Town Board Member Patrina Freeman Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member______________________offered the following resolution and moved its adoption: WHEREAS, the Irondequoit Cemetery falls under the Department of Public Works; and WHEREAS, the Department of Public Works would like to purchase a ride on leaf blower to be used at the cemetery that will increase efficiency by reducing the amount of time and labor needed to remove leaves; and WHEREAS, three written quotes have been obtained for the ride on leaf blower and the lowest quote was received from Admar Construction Equipment & Supplies in the amount of $10,869; and WHEREAS, there currently is funding in revenue account #001.0001.2191 due to increased cemetery sales that can be used for these expenses; and NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the purchase of a ride on leaf blower in the amount of $10,869 from Admar Construction Equipment & Supplies; and NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Board authorizes a budget transfer of $10,869 from revenue account # 001.0001.2191 to expense accounts # 001.8810.2130 (equipment). 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 Romeo voting _______ Town Board Member Freeman voting _______ Acting Town Supervisor Perticone voting _______ Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING ENTRY INTO AN INTERMUNICIPAL AGREEMENT WITH THE COUNTY OF MONROE 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 19th day of October, 2021 at 7:00 P.M. local time; there were: PRESENT: John Perticone Town Board Member Patrina Freeman Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member______________________offered the following resolution and moved its adoption: WHEREAS, the Town desires to enter into an intermunicipal agreement for shared recreation programs and park services with the County of Monroe (“Agreement”); and WHEREAS, pursuant to the Agreement, the Town upon request may provide recreation and park services to the County within County parks; and the County upon request may provide recreation and park services to the Town within Town parks; and WHEREAS, the Town would be compensated for the Town cost of the Town’s actual labor, materials, and equipment, and vice versa; and WHEREAS, the Monroe County Legislature has authorized the County’s entry into the Agreement pursuant to Resolution 196 of 2021; and WHEREAS, the term of the Agreement shall be for a period of five (5) years beginning September 1, 2021 and expiring on September 1, 2026, with an option to renew for up to three (3) additional one-year terms, provided that party may terminate the Agreement upon at thirty (30) days written notice; and WHEREAS, a copy of the Agreement are attached in Exhibit “A”; and WHEREAS, the Town Board determines that the Cooperative Services are all Type II actions pursuant to 6 NYCRR § 617.5(c)(1) (maintenance or repair involving no substantial changes in an existing structure or facility); (6) (maintenance of existing landscaping or natural growth); and therefore no further review is needed pursuant to the New York State Environmental Quality Review Act; and WHEREAS, Article 5-G of the General Municipal Law specifically authorizes the Town and County to share services. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor or Acting Supervisor to enter into an intermunicipal agreement with the County of Monroe for shared recreation programs and park service in such form as approved by the Attorney for the Town and as annexed hereto as Exhibit A. 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Exhibit “A” INTERMUNICIPAL AGREEMENT FOR SHARED RECREATION PROGRAMS AND PARK SERVICES THIS INTERMUNICIPAL AGREEMENT FOR SHARED RECREATION PROGRAMS AND PARK SERVICES (the “Agreement”), dated September 1, 2021 , is by and between the COUNTY OF MONROE, a municipal corporation having its office and place of business in the County Office Building, 39 West Main Street, Rochester, New York 14614 (the “County”), and the Town of Irondequoit, a municipal corporation within the County of Monroe, having its office and place of business at 1280 Titus Avenue, Rochester, NY 14617 (the “Town,” and, together with the County, the “Parties”). WHEREAS, the County owns, operates, and maintains parks in the towns and villages of the County; and WHEREAS, the 2021 Monroe County Shared Services Plan adopted pursuant to General Municipal Law § 239-bb included sharing resources between municipalities and/or jointly procure contracts to provide programming, facilities, and administration of parks and recreation across municipal boundaries; and WHEREAS, pursuant Resolution 196 of 2021, the Monroe County Legislature authorized this Agreement to share recreation programs and park services with towns and villages of the County; and WHEREAS, the Town of Irondequoit, Town Board authorized this Agreement to share recreation programs and park services by Resolution No. ____________; and WHEREAS, the County and Town are authorized to share such services pursuant to General Municipal Law Article 5-G; and WHEREAS, the County and Town have appropriate equipment and personnel to provide the services contemplated in this Agreement. NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto, as follows: 1. SCOPE OF WORK. Upon mutual agreement by the parties, the Town will provide recreation programs and/or park services to the County, which may include but are not limited to programming, administration, and facilities work, such as maintenance, repair, paving, painting, and construction, within County parks (“Town Services”), and the County will provide recreation programs and/or park services to the Town, which may include but are not limited to programming, administration, and facilities work, such as maintenance, repair, paving, painting, and construction, within Town parks (“County Services”). The Town Services and County Services will be provided on an as-needed basis and subject to the availability of the Town and the County. 2. REQUEST FOR TOWN SERVICES. In the event the County needs or desires the Town to 2 provide Town Services within a County park: a. Written Request. The County shall submit a written request to Town of Irondequoit, together with a project schedule for the Town Services. The Town may approve or deny the request, in its sole discretion, and shall give written notice to the County of such approval or denial within thirty (30) days of receiving such request. If the Town approves the County’s request for Town Services, the approval notice shall include a cost estimate and confirm or modify the County’s project schedule. In the event the Parties disagree on the cost estimate or project schedule, the Parties shall work together in good faith to resolve such disagreement before the Town commences the Town Services. b. Compensation. As compensation for the provision of the Town Services, the County shall reimburse the Town the cost of the Town’s actual labor (salary and fringe), materials, and equipment (based on the most recent version of the New York State Equipment Rate rental schedule) to provide the Town Services. 3. REQUEST FOR COUNTY SERVICES. In the event the Town needs or desires the County to provide County Services within a Town park: a. Written Request. The Town shall submit a written request to the Monroe County Director of Parks, together with a project schedule for the County Services. The County may approve or deny the request, in its sole discretion, and shall give written notice to the Town of such approval or denial within thirty (30) days of receiving such request. If the County approves the Town’s request for County Services, the approval notice shall include a cost estimate and confirm or modify the Town’s project schedule. In the event the Parties disagree on the cost estimate or project schedule, the Parties shall work together in good faith to resolve such disagreement before the County commences the County Services. b. Compensation. As compensation for the provision of the County Services, the Town shall reimburse the County the cost of the County’s actual labor (salary and fringe), materials, and equipment (based on the most recent version of the New York State Equipment Rate rental schedule) to provide the County Services. 4. JOINT PROCUREMENT. The Parties may jointly procure services, materials, and/or equipment when necessary or desirable to support shared recreation programs and/or park services. The Parties shall work together in good faith to apportion the costs of such joint procurement, in writing, prior to entering into any contracts or executing any purchase orders pursuant to this Agreement. 5. TERM OF THE AGREEMENT. The term of this Agreement shall be for a period of five (5) years beginning September 1, 2021 and expiring on September 1, 2026, with an option to renew for up to three (3) additional one-year terms. Notwithstanding the foregoing, either party may terminate this Agreement upon thirty (30) days prior written notice sent by registered or certified mail to the other party. 6. INSURANCE. The Parties, each at their own cost and expense, shall carry and keep in force 3 during the term of the Agreement and any renewal, the following coverage and provide proof of current coverage in the form of Certificate(s) of Insurance or evidence of self-insurance acceptable to the other party. Such policy or policies shall identify the other party as additional insured and provide additional insured endorsement showing same. All policies of insurance shall be issued by companies in good financial standing duly and fully qualified and licensed to do business in New York State. a. Comprehensive General Liability Insurance—including personal injury and property damage insurance, fire, legal, products liability coverage, and contractual coverage of this Agreement, of not less than $1,000,000 per occurrence combined single limit and $3,000,000 general aggregate. b. Automobile Liability Insurance—covering the operation of the party’s automobiles with liability limits of $1,000,000 for personal injury and/or property damage per occurrence. c. New York State Workers’ Compensation—each party shall provide the other party with proof of New York State Workers’ Compensation Insurance in the form of a Certificate provided to the County, or provide evidence of a self-insurance program satisfactory to the County Attorney. 7. COMPLIANCE WITH LAWS. The Parties shall comply with all applicable federal, state, and local laws, regulations, and rules when performing work pursuant to this Agreement. 8. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature (including portable document format) by either of the parties and the receiving party may rely on the receipt of such document so executed and delivered electronically or by facsimile as if the original had been received. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the date set forth above. COUNTY OF MONROE By: _______________________________ _________________ Adam J. Bello Date County Executive Town of Irondequoit By: _______________________________ _________________ Name: Date Title: Resolution No. 2021_______ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION ACCEPTING THE RECOMMENDATIONS FOR TOWN HALL MASTER PLAN 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 October 19, 2021 at 7:00 pm; there were PRESENT: John Perticone Town Board Member Patrina Freeman 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 landscape of the Town Hall Campus has changed in recent years due to the December 2016 fire that destroyed the Department of Public Works resulting in a facility being constructed at a different location which included the relocation of the temporary highway storage facility, salt barn, topsoil barn: and WHEREAS, pursuant to resolution 2021-118, the Town Board contracted with EDR to develop a plan to re-envision the Town Hall Campus; and WHEREAS, various community meetings were held with EDR and stakeholder groups to determine specific interests and the best plan for the re-development of the Town Hall Campus; and WHEREAS, EDR has presented its concept plan to the Town Board. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby accepts the recommendations for the Town Hall Master Plan in substantially the form annexed hereto as Exhibit A. AND, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor or Acting Supervisor to execute any and all documents related to acceptance and implementation of the Town Hall Master Plan, in such form as approved by the Attorney for the Town. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member _________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Acting Town Supervisor Perticone voting _______ Exhibit “A” Town of Irondequoit Town Hall Master Plan Report October 2021 Executive Summary 1 Why Plan Now? 3 Project Timeline 4 Engaging Our Community 5 Advisory Committee 5 Survey 5 Focus Groups 6 Public Meetings 8 Existing Conditions 9 Project Site 9 Project Area 11 Defining the Vision 15 Master Plan Design 17 North Campus 17 Central Campus 18 South Campus 19 Anticipated Timeline 20 2021 20 2022 20 Appendix 21 Table of Contents 1Town of Irondequoit Town Hall Campus Master Plan The Town of Irondequoit’s landscape has been primarily defined by residential growth, resulting in a disproportionate balance between its number of residents and accessible public space. Although the Town has a successful record of constructing pocket parks, playground facilities and athletic fields to accommodate this growth, Town leaders recognize that there remains a critical need to expand the availability of public amenities and current level of service. The current Town Hall Campus encompasses 16-acres. In 2016, the Town’s Department of Public Works (DPW) facility and one-third of its fleet were lost in a fire. As a result, the DPW was relocated and re-constructed off-site. What remained was 7-acres of vacant and underutilized space inaccessible to the general public. This event compounded existing challenges including pedestrian and vehicular safety, internal circulation, isolated uses, and lack of green space for events and celebrations. In May 2021, the Town of Irondequoit announced to the public the intent to transform the Town Hall property into a vibrant campus. From June through September, the community actively participated in a robust engagement process to provide critical feedback and thoughts on the future of the site. Through an established Advisory Committee, focus group sessions, a communitywide survey, and public meetings, a unified vision was established that would serve as the foundation for the Master Plan design. This vision embraces three guiding themes: accessibility, circulation, and inclusivity. The Master Plan was developed over a three- month period, culminating in September, 2021. Central to the plan is a new farmers’ market and event space anchored around a new main lawn, interconnected walking paths, and a well-defined circulation pattern. Utilizing a universal design approach, the campus presents a tremendous opportunity to re-establish the Town Hall property as a cohesive, integrated recreation space that offers a dynamic and inclusive user experience. Executive Summary 2 3Town of Irondequoit Town Hall Campus Master Plan The Town of Irondequoit’s landscape has largely been defined by residential growth that outpaced the development of recreational resources and dedicated open space. This growth pattern has resulted in a disproportionate balance between its number of residents and the amount of accessible recreational opportunities and open space. This is particularly evident when looking at the proximity to the central part of the community. Residents have increasingly utilized resources in neighboring municipalities, further indicating that the Town is in demand of new and accessible open space. Town leaders have long recognized the need to increase access to public open space, and have taken a proactive approach to remedy this imbalance. The Town has repurposed existing vacant and underutilized sites and facilities, where possible, to construct new pocket parks, playground facilities, and athletic fields. Despite these efforts, there remains a critical need to expand the availability of the Town’s public amenities and current level of service. The timing for the development of this Master Plan is intentional. In December 2016, the Town’s Department of Public Works (DPW) facilities and one-third of the fleet were lost to a fire that were centrally located on the Town Hall property. Temporary DPW facilities were erected on the site; however, Town officials agreed that these events present an opportunity to expand upon recent efforts to develop the Town Hall property including the construction of the Library (2015) and the youth ballpark complex (2016). After careful reevaluation and consideration, the Town found it was in the community’s best interest to relocate the DPW facilities off-site. For over 5 years, the former 7-acre DPW area on the Town Hall property has remained a vacant shell that is fenced off and inaccessible to the public. With change comes opportunity, and as a community, Irondequoit leaders and residents believe they have a chance to transform the Town Hall property into an active and vibrant municipal campus. On May 25, 2021, the Town of Irondequoit formally kicked-off the Town Hall Campus Master Plan process. Lead by the Commissioner of Public Works, the Town retained a consultant team to assess the existing site conditions and design a comprehensive Campus Master Plan reflective of a unified community vision. Why Plan Now? 4 Project Timeline Elected officials, Town staff, Advisory Committee members, consultants, and the public collaborated over a period of 3- months from June 2021 through September 2021 to develop the Town Hall Campus Master Plan. The plan was completed in three subsequent phases as follows: Phase 1: Community outreach and public feedback Phase 2: Evaluation of existing site conditions, site constraints and opportunities Phase 3: Production of Design alternatives and refinement June Advisory Committee Meeting Public Info Meeting Community Survey July Advisory Committee Meeting 6/24 August Advisory Committee Meeting September Public Design Alternatives Review Meeting Final Master Plan and Report 9/28 5Town of Irondequoit Town Hall Campus Master Plan The Town Hall Campus Master Plan was developed through a collaborative, inclusive, and robust community engagement process. A Community Engagement Plan (CEP) was created to guide the public participation process, outlining detailed strategies that would provide all residents and stakeholders with the opportunity to provide input on relevant issues, challenges, and needs associated with the project. The public engagement process included a broad range of techniques specifically tailored to the site and project. Advisory Committee An Advisory Committee was formed to ensure that the project outcomes accurately reflected the community vision. The 11-member Advisory Committee included representatives from local and regional organizations, business owners, members of municipal boards, agency staff, and interested residents. The Advisory Committee was responsible for providing critical feedback related to site challenges and opportunities, community feedback, and programmatic design. Engaging Our Community Project Advisory Committee Meeting 6 Constraints and Opportunities Exercises from Focus Group Meetings Survey A community-wide survey was developed to solicit broad community feedback and input regarding future opportunities for the site. The survey was distributed online using the Survey Monkey platform. In addition to collecting general demographic information, participants provided critical feedback regarding future site amenities, programming, and site priorities. The Town garnered 530 survey responses which are included in Appendix A. Focus Groups The project team facilitated targeted Focus Groups with key stakeholders and interest groups to dive deeper into the challenges and opportunities facing the project site, and to establish important context and perspective around future alternatives. Focus Group participants engaged in a series of exercises that focused on physical constraints of the existing site, such as parking and circulation, as well as maintenance and programmatic needs. 7Town of Irondequoit Town Hall Campus Master Plan The Focus Groups were organized as follows: 1. Town Hall Campus and Agency Staff Representatives included the Town Library, Planning Department, Police Department, Human Resources, Information Technology, Assessor, Department of Public Works, and the Supervisor’s Office. 2. Special Events and Recreation This group included representatives from the Town focused on programming, including the Recreation Department, Special Events, and Farmers’ Market. 3. Irondequoit Little League (IRRL) Representatives from the Irondequoit Little League, including parents and volunteers. 8 Public Meetings The Project Team conducted public meetings at key points during the planning process. The meetings were advertised on the Town’s Facebook page and website. These meetings were designed to provide residents and stakeholders with the opportunity to directly influence the Master Plan, and ultimately the long-term vision for the site. A brief description of the public meetings is outlined below. Public Meeting 1 ӏ Visioning The first public meeting was held on June 24th, 2021, in the Broderick Meeting Room in the Town Hall. This meeting was conducted in conjunction with the Town’s Farmer’s Market, which brings significant foot traffic (nearly 2000) each Thursday. The purpose of this meeting was to introduce the project to members of the public, solicit initial feedback on issues and opportunities with the project site, and identify future activities needed and desired by the community. Community members participated in an “Open House” style format through a series of displays and interactive boards. Titled “Imagination Pathway”, community members were encouraged to envision scenarios and activities that would evoke different emotions and feelings of being in the newly designed space. Results from this meeting helped establish a foundation for the overall design. Public Meeting 2 ӏ Design Alternatives Public meeting #2 was held on September 28, 2021, at the Town Hall. Members of the project team presented the planning process followed by the unveiling of two design alternatives. Members of the public had the opportunity to “vote” in- person or online for their preferred alternative that they would like to see advanced through the design development process. Responses from this meeting were incorporated into the final preferred design concept. 9Town of Irondequoit Town Hall Campus Master Plan Existing Conditions A detailed existing conditions analysis was conducted to determine site constraints and opportunities related to topography, environmental resources such as existing vegetation, woodlands, natural creek and drainage corridors, open space and screening, utilities, vehicular circulation and parking, pedestrian accessibility, connectivity to adjacent neighborhoods, site visibility, aesthetics, current site programing and amenities as well as the character and history of the site (Pages 12-13). Although this is only a snapshot of the site as it currently exists, this analysis provided critical insight into the current challenges and validates the many perceptions and experiences expressed by members of the public. Project Site The Town Hall property has evolved over the past 70 years to include a range of buildings and spaces to accommodate Town services, programs, and events. Central to the 16- acre Town Hall property (“Project Site”) is the Irondequoit Town Hall, a picturesque, colonial- style building constructed in the early 1950’s located on Titus Avenue and the “front yard” of the property, adjacent to and architecturally complementary to the Town Library. The west and south lawns, which face Titus Avenue, are well maintained open green spaces with large, established shade trees scattered throughout. This space plays host to events throughout the year, such as Winter Fest, Juneteenth, 4th of July Celebrations, and a weekly farmers market in the summer. There are many permanent natural and cultural points of interest located in these lawn areas including a concert pavilion, a historic Pioneer House and Blacksmith Shop, a demonstration rain garden, horseshoe pits, and several commemorative memorials. To the rear of the west lawn is the Public Safety building which houses both the Justice Courts and Police Department. The Police Department retains parking for department vehicles to the rear of the building, and is further responsible for oversight of the vehicle compound area directly adjacent to the building. Collectively, the Town Hall buildings and services are accessed by a disjointed parking lot that currently accommodates approximately 283 spaces total (excluding designated police parking). The existing parking area extends from the entrance at Kings Highway west towards Columbus Way, and from the rear of the Town Hall, north to the Public Safety Building. A key challenge is the co-utilization of the Project Site’s primary means of ingress/egress where both police officers and members of the public access the site through the primary parking lot at the rear of the Town Hall and Library. The parking area is further challenged by poor site lines and limited pedestrian pathways, resulting in a high volume of vehicular-pedestrian safety issues. The northeastern corner of the Project Site is also home to three youth baseball, softball, and t-ball fields utilized by the Irondequoit Little League and serviced by a 20-space parking area and snack bar. A security/privacy fence surrounds much of the fields, preventing any safe access from the interior of the Project Site. As a result, 10 11Town of Irondequoit Town Hall Campus Master Plan the fields are only accessible via Kings Highway. With limited parking at the fields, players and visitors are required to park in the main lot at the rear of the Town Hall and Library. With the absence of a sidewalk and a steep berm separating the road from the fields, pedestrian access from the southern portion of the site to the north remains inadequate and presents a serious safety hazard for persons of any age or ability. Project Area While the Town Hall and Library face the heavily trafficked Titus Avenue and Kings Highway intersections, the interior of the property consists of 7-acres herein referred to as the “Project Area”. The Project Area currently contains the Brockway Garage which is used as an accessory to the Police Department. To the rear of the building is a central communications tower which facilitates communications between first responders throughout northern Monroe County. To the northeast of the Brockway Garage on the eastern border of the area is the Town’s Cold Storage building which currently houses some police equipment, but is otherwise vacant and underutilized. The remainder of the Project Site is a vast expanse of deteriorating pavement, and stockpiled DPW materials and unused equipment. The former DPW site is currently secured via an 8-foot chain-link fence, and remains inaccessible to the public. The site is bordered on the west by a creek corridor surrounded by nicely wooded, yet steeply sloped embankments. The parcel boundary continues approximately ½ -mile north of the core of the campus, which is entirely wooded. An access trail connects the core of the campus to a small cabin, but there is otherwise minimal access to the creek or wooded areas on site. A large stormwater detention basin is in the northern corner of the property; however, this basin does not function as intended, most likely due to the porosity of the fill soils located throughout the site. The forebay of the basin has never been observed full and the vegetation present in the area supports this reasoning. 12 13Town of Irondequoit Town Hall Campus Master Plan 14 15Town of Irondequoit Town Hall Campus Master Plan Like many planning efforts, defining the vision for the project is considered one of the most critical steps in the process. The vision not only establishes a framework for determining priorities, but also relays the desired look and feel of the site as collectively defined by the community. The vision was established through the community engagement process with direct input from the Advisory Committee. Members of the community consistently relayed that pedestrian safety, internal traffic flow, and a lack of green space were some of the most pressing challenges associated with the site in its current condition. It was further communicated that parking for events, isolated uses, and overall aesthetics compounded these challenges. The community’s response was overwhelmingly in support of designing a park-like space that is inclusive and accessible. Through a new green space that integrates walking paths, opportunities for education, and expanded space for programs, events and celebrations, the Town Hall property would transform into a premiere destination. The resulting vision for the campus is centered around three guiding themes: accessibility, circulation, and inclusivity. Through a universal design approach, the design team was able to achieve this vision and translate it into an illustration that will literally shape the future of the Town Hall campus. Defining the Vision 16 17Town of Irondequoit Town Hall Campus Master Plan The Master Plan was strategically designed to ensure that each proposed element would complement the existing historic character of the property and its associated uses. The project team carefully considered the form and function of each space to ensure it met the desired outcome, but could also adapt to future conditions and changing programmatic needs. A detailed description of the final Master Plan is outlined below. North Campus The north area of the campus will retain the existing youth softball, tee-ball, and little league fields. Separated by security fencing, a new dedicated police access road will allow officers to safely exit the campus, greatly reducing the opportunity for vehicular-pedestrian safety issues. The new access road will run parallel to the existing stormwater detention basin, which will be used to manage and treat on-site stormwater runoff. The youth fields will continue to be serviced by the existing snack bar and restrooms. A drop-off loop will replace the existing parking, allowing for ease of transporting and picking-up people and equipment. A playground with a shade structure will be constructed adjacent to the snack bar and drop-off area, maintaining visibility from all the existing fields. A new, ADA-compliant sidewalk along Kings Highway will provide a safe and accessible connection between the adjacent neighborhood, the ball fields and the new interior parking area. The existing berms will be transformed into tiered seating along both the softball and little league fields. Parallel parking along Kings Highway will provide additional spaces, as needed, and will be lined by a row of street trees to provide an attractive visual buffer for the surrounding residences Master Plan Design 18 Central Campus The central part of the campus will feature a main lawn area surrounded by a series of pathways that will interconnect to new and existing internal and external sidewalks. A dense vegetative buffer comprised of coniferous and deciduous trees with understory plantings will screen the impound lot to the northern edge of the little league parking area, fully masking the police activities and ingress/egress access route from the public. A playground adjacent to the little league parking area will feature shade structures and equipment for a range of users and age groups. A new performance pavilion with public restrooms will be located on the northern edge of the main lawn, providing ample space for events and general seating. The south side of the lawn directly connects to the new farmers’ market / event building and vendor access drive – a primary feature and anchor of the Master Plan that reflects the community’s desire to expand capacity and establish a permanent, multi-use space suitable for public and private events, celebrations, and functions. The event building is envisioned as a flexible space that can be transformed from a fully enclosed space to an open-air pavilion with retractable doors. A new, pathway promenade will extend south from the event building, encompassing a raised crosswalk across a new access drive, to the main Town Hall parking area providing a central “spine” to the campus. Surrounded by maintained lawn space, seating area, and tree plantings throughout, this pathway bisects the parking area, providing both a safe and accessible route to the surrounding facilities. To the west of the walkway, the existing communications tower will remain in its current location and integrated into the new parking area. The existing Brockway Garage will be renovated and architecturally redesigned to fit within the aesthetic of the campus while maintaining its current level of service. 19Town of Irondequoit Town Hall Campus Master Plan South Campus The south area of the campus, or “front yard”, will retain its existing entrance on Kings Highway. This entrance road will extend through the existing parking lot to Columbus Way, which will be realigned to provide safe vehicular and pedestrian access as well as improved site lines and internal circulation. A new series of sidewalks will parallel Columbus Way, providing new connections to Titus Avenue, and interconnect to the existing and renovated performance pavilion, Pioneer House and Blacksmith Shop, and surrounding memorials. The front and west lawn will remain unchanged to protect the mature trees and historic character of the space. 20 2021 October Preferred design and Final Master Plan Report acceptance by the Town Board (anticipated) November-December Town to solicit A&E firm for design and construction documents Town Board to initiate the SEQR process to evaluate the proposed construction project to ensure that there will be no negative impact to environmentally sensitive areas or cultural resources. 2022 February Final design, preliminary engineering, and completion of construction documents March - April Construction bid documents and contractor selection June Construction commences Anticipated Timeline 21Town of Irondequoit Town Hall Campus Master Plan Appendix A Community Engagement Results Appendix 20 Appendix A: Community Engagement Results EDR 217 Montgomery Street, Suite 1100, Syracuse, New York 13202 315.471.0688 www.edrdpc.com Town of Irondequoit Town Hall Campus Master Plan Focus Group Sessions June 22, 2021 Group 1 ӏ Agency Staff + Representatives Rapid Response – What do you love about the campus? + Architecture of Town Hall and Library (2) + Adequate parking + Horseshoe pits + Easy walking campus + Oak tree on Southside + Proximity of lake + Baseball field + Cupola + Gazebo and west lawn Constraints Pedestrian Safety / Accessibility + Pedestrian safety / walking (3) + IPD does not have a safe way to exit + Egress from building to parking lot (crossing to cars is or can be dangerous) + Lack of bus stop + Enter and exit for police EDR 217 Montgomery Street, Suite 1100, Syracuse, New York 13202 315.471.0688 www.edrdpc.com + Size of police department Traffic Flow/Speed + Traffic flow on campus + Speed of traffic through campus + Enter and exit TH on Titus + Vehicular flow is badly aligned + Driveway entrance to town hall + Flow of traffic in/out of parking lot + Farmers’ market traffic flow + Blind corner by old DPW garage Other + Cell tower + Birds in gazebo + No green space connect other than west lawn + Light usage of green space + Lack of surveillance in parking lot Parking + Parking lot flow / safety (3) + Lack of parking for baseball fields + Parking area between library/former DPW Maintenance + Condition of PSB + Maintenance issues / upkeep (2) EDR 217 Montgomery Street, Suite 1100, Syracuse, New York 13202 315.471.0688 www.edrdpc.com Opportunities + Inclusive playground + A place for young kids to gather and play off the street + Amphitheater + Dedicated exit for police vehicles (2) Peds/Bikes/Trails + New traffic flow and parking with separate walking paths (3) + More sidewalk trails and pedestrian/bike spaces + Bicycle and walking path Green Space + Passive use greenspace / trees (3) + More greenspace similar to west lawn + Green infrastructure demonstration throughout campus + Central fountain/park Access + Access to the park + More points of ingress and egress Events + Festival space + Outdoor gathering spaces + Playground/splash pad/family activities + Increase community usage of campus + Expansion of farmers’ market + Year-round famers’ market space + Dedicated event space in the cold storage building (likely for the farmers’ market) EDR 217 Montgomery Street, Suite 1100, Syracuse, New York 13202 315.471.0688 www.edrdpc.com Focus Group 2 ӏ Programs Rapid Response – What do you love about the campus? + “Norman Rockwell-esque” + Central Location + Picturesque, open + Historic + Concessions/basketball “Fits” + Multi-purpose + Little free library Constraints Pedestrian / Accessibility + Pedestrian Access + Walking distance for seniors + Access, in/out/parking for police, courts, town hall, library, little league + Pedestrian/vehicle conflicts + Too much pavement + Shared PD and public road – no pedestrian path across + Parking for big events (2) Traffic + Traffic + Speed of traffic on Titus Ave + Traffic congestion + Inconvenient traffic flow and events course traffic issues + Traffic control + Police department – pedestrian conflicts/safety EDR 217 Montgomery Street, Suite 1100, Syracuse, New York 13202 315.471.0688 www.edrdpc.com Other + Lack of green space + Run out of space for market and events + Aesthetic of police yard and surrounding area + [Lack of] Available power + Older facilities needing upgrading Opportunities + Inclusive play area or athletic space (3) + Splash pad + Mini outdoor auditorium + Amphitheater + Open green space + Green energy more solar wind? + Sustainable design elements: solar, permeable pavement, etc. + Pollinator/local species butterfly belt corridor + Green space for family field day or other events + Outdoor restroom + Keep in mind spot for firework launches + New/facelift to gazebo + Public art + Walking trail (personal) + Pickleball or multi-use court + More multi-use sport/athletic fields EDR 217 Montgomery Street, Suite 1100, Syracuse, New York 13202 315.471.0688 www.edrdpc.com Focus Group 3 ӏ Irondequoit Little League Rapid Response – What do you love about the campus? + Farmers’ market + Central + Library + Ball fields (nice bathrooms and concession) + Community feel + History on site + Inclusive space Constraints Traffic / Accessibility + Traffic routing through campus + Traffic on Titus (turning on King’s Hwy) during events + Pedestrian access and traffic flow safety Lack of Connection + Isolation of campus to ball fields and town hall + Green space not connected Parking + Parking situations for baseball/softball events + Parking at fields and during town events (5) Other + Limited bathrooms + Bathroom facilities during town events + Fields/grass spots not growing at all + Noise behind fences EDR 217 Montgomery Street, Suite 1100, Syracuse, New York 13202 315.471.0688 www.edrdpc.com + Vandalism to town property/little league + Enforcement of the no pet policy Opportunities + Permanent farmers’ market/event space for festivals + Permanent farmers’ market + Amphitheater + Passive use green space/open + More baseball fields/parking + Additional baseball and softball fields (3) + Build fields that kids will be proud to play on + Walking trails/nature trails with butterfly gardens + Playground/Playground for siblings (4) Other + Wifi + Possible dog park + Indoor batting cage + Play space for younger kids + Host tournaments/special events + Picnic area + Bathrooms + Alternate access points to fields + Bringing all ages together Town of Irondequoit Town Hall Campus Master Plan EDR 217 Montgomery Street, Suite 1100, Syracuse, New York 13202 315.471.0688 www.edrdpc.com Public Information Meeting June 24, 2021 Prompt 1 – Daily Workout: Imagine that you’re visiting the campus for your daily workout. What are you doing? What kind of space or equipment are you using? + Walking or jogging; stationary bikes; disc golf; tennis courts. + Pool – deep enough for diving and long enough for laps. A couple of showers in the restroom for after-swim. Trail – to connect to Durand-Eastman’s trails. + Outdoor pickleball courts (4-6 preferred) lined specifically for pickleball, restrooms nearby, seating bleachers, lighted for nighttime play. Prompt 2 – With your kids or grandkids: Imagine that you’re visiting the campus with your kids or grandkids. What are they most excited to see and do here today? + Playground; green space; benches/seating; walking, path/trail with gardens/flowers; pavilion with tables and nearby grills and trash receptacles + Understanding that the ‘cold storage’ building can be repurposed, a good-sized meeting room could be provided. + Adding required toilet facilities, HVAC systems, lighting, fire protection and other amenities can provide for a multi-use space for clubs, such as the Irondequoit Art Club, Council for the Arts and others. This space could also be used for children’s art programs and other activities. Individual storage spaces should be considered for groups using the facility on a regular basis. + Maybe a community meeting place – a cabin for functions like at Camp Eastman with kitchen, restrooms etc. ability to hold group meetings or presentations. Walking trails. Irondequoit Public Information Meeting #1 24 June 2021 Page 2 + Dog Park; splash park; paved walking/roller blading park; skate park. + Picnics in shelters and in lovely open garden areas. Prompt 3 – Extra 15 minutes after paying a bill: Imagine that you’re visiting the campus to pay a bill and have 15 minutes to spare. How are you spending your free time on the campus? + Historical walk: about Irondequoit, perhaps integrated with garden. + Community garden and path through it. + A walk through a lovely, (partially shady) garden with ‘Victorian’ old-fashioned décor: gazebo, trellises, benches, etc. + Sitting on a bench; walking around a path/trail through a garden; playing disc golf or tennis and/or basketball. Prompt 4 – Visiting with best friend: Imagine that you’re visiting the campus with your best friend. What are you doing together? What is your favorite spot on the campus to spend time together? + Space for plays and music concerts. + Community gardens; all-year farmer’s market at community center; trails. + Plays and concerts! In the reimagined storage building or another building. We are such an artistic community, we need a shelter (with storage) for LIVE THEATER. + Playing disc golf or tennis or basketball; sitting on a bench and having a conversation; walking on the trail around the campus. Prompt 5 – Spending some time alone: Imagine that you’re visiting the campus for some quiet, alone time. What does it look like where you are sitting or walking? + Shaded benches along the flowing water. + Private benches scattered around the campus; take a walk around a path and check out the flowers; play basketball by myself or hit a tennis ball against a concrete wall; play disc golf by myself. Irondequoit Public Information Meeting #1 24 June 2021 Page 3 + Walking along a wooded trail by a stream. Stopping on a bench to listen to nature. + Similar to Helmer Nature Center. One BIG IDEA for the site: + We need a doggie park in my opinion. + Connect the park to the Eastman trail system. + Covered building for farmer’s market year-round. Final Survey Results EDR 217 Montgomery Street, Suite 1100, Syracuse, New York 13202 315.471.0688 www.edrdpc.com Number of Surveys: 530 Demographics Age Children in Household Under 18 – 1% 0 to 5 years – 15% (70) 18 – 34 – 9% (49) 6 to 10 years - 15% (74) 35 – 49 – 30% (159) 11 to 15 years – 12% (61) 50 to 64 – 28% (146) 16 to 18 years – 7% (35) Over 65 – 33% (172) None – 66% (334) Zip Codes Represented Gender 14617 – 51% (269) Female – 64% (339) 14622 – 28% (150) Male – 34% (180) 14609 – 20% (104) Prefer not to say – 2% (10) 14621 – 1% (5) Community Parks Favorite Parks within Monroe County: + Durand Eastman + Highland + Webster + Ellison + Helmer + Bristol + Mendon Pond + Seneca Irondequoit Town Hall Campus Master Plan Final Survey Results July 19, 2021 Page 2 Visiting the Existing Town Hall Campus Frequency of visitation to Town Hall Property: + 43% - occasionally (1-6 times per year) + 24% - once a month + 19% - once a week + 7% - never + 6% - 2-6 days a week + 2% - everyday Why do you visit the Town Hall Campus? Library 72% 384 Farmers’ market 65% 345 Town Hall services (e.g. Clerk, Building Department, Code Enforcement, etc.) 39% 208 Other (please specify): + Conservation board meetings + Parking + Voting + 4th of July + Concerts/music + Walking/exercise (live in proximity) 14% 74 Athletic fields 9% 46 I don't visit Town Hall Campus 7% 35 Police Department 4% 19 I work at the Town Hall campus 3% 15 Court 1% 5 Irondequoit Town Hall Campus Master Plan Final Survey Results July 19, 2021 Page 3 Future Town Hall Campus: Amenities 1st Choice of Amenities: 1. Paved walking path – 20% (103) 2. Dog Park – 15% (76) 3. Permanent Farmers’ Market – 14% (71) 4. Playground – 12% (62) 5. Community Garden – 9% (46) Passive Recreation Space – 6% (32) Splash Pad – 5% (23) Pickleball Court – 4% (19) Dedicated Bike Lane – 4% (18) Outdoor Gym / Exercise – 4% (17) Pavilions – 3% (15) Basketball Court – 3% (14) Skate Park – 2% (11) BBQ / Picnic – 1% (7) 2nd Choice of Amenities: 1. Paved walking path – 16% (81) 2. Permanent Farmers’ Market – 14% (71) 3. Community Garden – 10% (53) 4. Splash Pad – 9% (48) 5. Dog Park – 8% (42) 3rd Choice of Amenities: 1. Paved walking path – 15% (75) 2. Permanent Farmers’ Market – 13% (66) 3. Passive Recreation Space – 10% (53) 4. Community Garden – 10% (50) 5. Dog Park – 7% (37) Irondequoit Town Hall Campus Master Plan Final Survey Results July 19, 2021 Page 4 Future Town Hall Campus: Programs Very Interested 1. Arts and Music Festivals – 48% (250) 2. Senior Programming – 21% (111) 3. Yoga – 20% (106) 4. Sport and Athletic Programs – 17% (87) 5. Art Classes – 15% (71) 6. After School Programs – 13% (68) 7. Book Club – 11% (56) 8. Dance Classes – 9% (46) 9. Board Game Tournaments – 7% (38) Other: + Zen garden + Bike trails + Outdoor sculpture/space for public art + Nature classes/farm to table classes + Recycling facility + Aquarium + Permanent ice rink + Honey farm/bee colonies + Bike trails & bike racks + Zip line + Clothing dropoff + Ice cream stand + Skilled craftsmen classes + Composting class + Radio control car park + Classic car cruise nights + Tai chi & Zoomba + Event space – flea markets, etc. Not Interested At All: 1. After School Programs – 28% (144) 2. Dance Classes – 26% (144) 3. Board Game Tournaments – 23% (119) 4. Book Club – 21% (109) 5. Art Classes – 18% (91) 6. Senior Programming – 17% (88) 7. Yoga – 16% (84) 8. Sport and Athletic Programs – 16% (83) 9. Arts and Music Festivals – 6% (32) Weekly Attendance at the Farmers’ Market 1. Occasionally – 34% (177) 2. Monthly – 24% (125) 3. Weekly – 22% (117) 4. Rarely – 12% (62) 5. Never – 9% (45) Irondequoit Town Hall Campus Master Plan Final Survey Results July 19, 2021 Page 5 Future Site Considerations Traveling to the Site + Driving – 83% (438) + Walking – 26% (136) + Other – 15% (80) o Biking + Public Transportation – 1% (6) Site Priorities – Very Important 1. Cleanliness – 88% (464) 2. Safety – 84% (441) 3. Family friendly – 69% (361) 4. Accessibility – 65% (339) 5. Public restrooms – 63% (331) 6. Recreational Opportunities – 38% (199) 7. Landscaping/Public Art – 31% (161) Site Priorities – Not at all Important 1. Recreational Opportunities – 4% (22) 2. Landscaping/Public Art – 4% (20) 3. Family Friendly – 3% (18) 4. Public Restrooms – 2% (11) 5. Accessibility – 1% (6) 6. Safety – 1% (6) 7. Cleanliness – 1% (6) Irondequoit Town Hall Campus Master Plan Final Survey Results July 19, 2021 Page 6 Additional Comments: Amenities Active + Skatepark + Pool + Bike shares/transportation options + Outdoor concert hall/movie theater + Tennis/racquetball courts + Splash Park (free to residents, fee for nonresidents) + Senior friendly exercise stations along walking path + Soccer fields Passive + Adequate/safe parking – especially regarding baseball fields + Sculpture installations + Coffee kiosk + Outdoor concert hall/movie theater + Recycling + Family friendly food option – sandwich/soup place Programs + American Legion + Beer festival + Maker’s Lab + Pampered Chef Landscape/Design + Universal design approach – accessible and inclusive + Majority of space should be multi-use + Multi-generational use + Arboretum types not consumed by deer + Native plants + Pollinator-friendly landscaping + Community garden with water capture systems + Less plastic/more natural + Shaded areas + Lighting for evening activities Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING AGREEMENT FOR ELEVATOR SERVICE 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 19th day of October, 2021 at 7:00 P.M. local time; there were: PRESENT: John Perticone Town Board Member Patrina Freeman 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 currently uses the services of Bison Elevator Service, Inc. to service the elevators at the Town Hall and Irondequoit Public Library; and WHEREAS, the Irondequoit Community Center has had an elevator installed and will require routine preventative maintenance. The Town of Irondequoit would like to add the Community Center location onto the current locations being serviced with Bison Elevator Service, Inc.; and WHEREAS, pursuant to Town Code Section 51-7, the Town obtained three or more quotes for the work, and the quote of Bison Elevator Service, Inc. (“Bison”) was the lowest responsible quote in the amount of $156 per month. WHEREAS, funding for this service is available in account # 001.1623.4120; and WHEREAS, the term of the agreement with Bison for the additional location (“Agreement”) will be for twelve (12) months and shall continue thereafter until this Agreement is terminated by a thirty (30) day written notice by either party. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor or Acting Supervisor to enter into an agreement with Bison Elevator Services, Inc. for the servicing of the elevator located at the Irondequoit Community Center, in such form as approved by the Town attorney, for the price of $156 per month. 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Resolution No. 2021_______ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION ACCEPTING NEW YORK STATE TOURING DOLLARS AND MAKING THE APPROPRIATE BUDGET AMENDMENT 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 October 19, 2021 at 7:00 pm; there were PRESENT: John Perticone Town Board Member Patrina Freeman 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 New York State fiscal year 2021-22 budget provides enhanced assistance to cities, towns, and villages that have capital maintenance responsibility for State or interstate signed touring routes (“Touring Route Funding”); and WHEREAS, the Town of Irondequoit would like to accept 2021-2022 Touring Route Funding made available from New York State in the amount of $433,986.40; and WHEREAS, these dollars are to be used on Town roads by providing surface treatment that has at least 10 years of useful life service; and WHEREAS, the amount of funding is derived per municipality based on the number of town roadway miles listed on the New York State Local Highway Inventory; and WHEREAS, these monies would be used toward various road pavement projects including micro surfacing, paving of roads, chip sealing and a double course treatment to various roadways within the Town of Irondequoit; and WHEREAS, these monies will be placed in the Highway I revenue account and used for associated Highway I expenditures. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby accepts the New York State Touring Route Funding and the appropriate budget amendments to the Highway I revenue account AND, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor or the Commissioner of Public Works to execute any and all documents related to accepting this funding, including: submission of all necessary forms and supporting documentation to the New York State Department of Transportation; and the execution of a Reimbursement Certification. AND, BE IT FURTHER RESOLVED, that the Town Supervisor or Commissioner of Public Works 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 or Commissioner of Public Works 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 or Commissioner of Public Works 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Resolution No. 2021_______ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION ACCEPTING FUNDING FROM DEPARTMENT OF STATE 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 October 19, 2021 at 7:00 pm; there were PRESENT: John Perticone Town Board Member Patrina Freeman 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 would like to accept grant funding from the Department of State for the installation of a fire alarm system at Camp Eastman; and WHEREAS, the amount of funding for the installation is a maximum of $50,000 (“Grant”); and WHEREAS, the Town will create a Capital Improvement Account to be used for the expense of said installation; and WHEREAS, such installation of the fire alarm system is a replacement of the existing system therefore the Town Board determined that the Project is a Type II action pursuant to 6 NYCRR § 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 in section 617.4 of this Part) therefore no further review is needed pursuant to the New York State Environmental Quality Review Act (6 NYCRR § 617.5(a)). NOW THEREFORE BE IT RESOLVED, that the Town Board hereby accepts grant funding from the Department of State not to exceed $50,000 for the installation of a fire alarm system at Camp Eastman. AND, BE IT FURTHER RESOLVED, that the Town Supervisor or Acting Supervisor is hereby authorized and directed to apply for and accept the Grant in substantially the form approved by the Attorney for the Town, and the Town Supervisor’s or Acting 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. AND, BE IT FURTHER RESOLVED, that the Town Supervisor or Acting 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 or Acting 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, Acting Supervisor, or Commissioner of Public Works 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Resolution No. 2021- EXTRACTION OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING 2021 TAX LEVIES RESULTING FROM RIGHT OF WAY TOWN CODE VIOLATIONS. 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 October 19, 2021 at 7:00pm; there were PRESENT: John Perticone Town Board Member Patrina Freeman 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 served notice upon the owners of the properties listed in the attached spreadsheet for violations of the Town Code within the Town Right- of-Way; and WHEREAS, the owners failed to comply with a duly issued order within the time provided; and WHEREAS, if a property owner fails to correct a violation, then the Town code authorizes the Town to have work performed and be reimbursed by assessing and levying the expenses for such work against the property; and NOW THEREFORE BE IT RESOLVED, that the Town of Irondequoit authorizes and orders that the expenses for work performed by the Town to correct Town Code violations, as set forth in the attached spreadsheet and totaling $400.25 be assessed and levied against said property as listed in the spreadsheet, and collected in the same manner and same time as other assessments and tax levies of the Town; and BE IT FURTHER RESOLVED that the Town Supervisor or Acting Supervisor is hereby authorized to adjust the foregoing assessment and levy based upon additional expenses incurred by the Town, as well as fees that are paid to the Town, prior to the cut- off date of October 19, 2021. 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 Romeo voting __________ Town Board Member Freeman voting __________ Town Board Member Perticone voting __________ Exhibit “A” 413 North Park Dr 092.13-1-3 $450.25 Rochester, NY 14609 2021 Tax Levy ROW Code Violation Address Tax ID Number Amount unpaid Bond Resolution BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE RECONSTRUCTION OF EXISTING SIDEWALKS THROUGHOUT THE TOWN; STATING THE MAXIMUM ESTIMATED COST THEREOF IS $250,000; AND AUTHORIZING THE ISSUANCE OF UP TO $250,000 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION 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 19th day of October, 2021 at 7:00 P.M. local time, there were PRESENT: John Perticone Acting Town Supervisor Kimie Romeo Town Board Member Patrina Freeman Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ______________________________________ offered the following resolution and moved its adoption: WHEREAS, the Town Board of the Town of Irondequoit, Monroe County, New York (the “Issuer” or the “Town”) proposes to authorize the issuance of up to $250,000 in serial bonds of the Town to finance the reconstruction of existing sidewalks throughout the Town, including curbs and gutters, and all ancillary and related improvements (collectively, the “Project”), at an estimated maximum cost of $250,000; and WHEREAS, the Town Board now wishes to appropriate funds for the Project and to authorize the issuance of the Town’s serial bonds and bond anticipation notes to be issued to finance the aforementioned class of objects or purposes. NOW, THEREFORE, THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”) HEREBY RESOLVES (by the affirmative vote of not less than three-fifths of all the members of such body), AS FOLLOWS: SECTION 1. The Town is hereby authorized to undertake the reconstruction of existing sidewalks throughout the Town, including curbs and gutters, and all ancillary and related improvements. It is hereby determined that the maximum estimated cost of the aforementioned specific object or purpose is $250,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of (i) the issuance of the $250,000 in serial bonds of the Town authorized to be issued pursuant to this resolution, or bond anticipation notes issued in anticipation of such bonds, or statutory installment bonds, and (ii) unless paid from other 2 Bond Resolution sources, the levy and collection of taxes on all taxable real property of the Town to pay the principal of such bonds or notes and the interest thereon as the same become due and payable. SECTION 2. Serial bonds of the Town in the principal amount of $250,000 are hereby authorized to be issued pursuant to provisions of Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the “Law”) to finance the aforementioned class of objects or purposes. SECTION 3. It is hereby determined that the period of probable usefulness of the aforementioned class of objects or purposes is ten (10) years, pursuant to subdivision 24. of paragraph a. of Section 11.00 of the Law. SECTION 4. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Law, for the capital purposes described in this resolution. The Town shall reimburse such expenditures with the proceeds of the bonds or bond anticipation notes authorized by this resolution. This resolution shall constitute a declaration of official intent to reimburse the expenditures authorized herein with the proceeds of the bonds and bond anticipation notes authorized herein, as required by United States Treasury Regulations Section 1.150-2. SECTION 5. The final maturity of the bonds herein authorized to be issued shall be in excess of five (5) years measured from the date of issuance of the first serial bond or bond anticipation note issued pursuant to this resolution. SECTION 6. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any bond anticipation notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the real property within the Town subject to applicable statutory limits, if any. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal and interest on said serial bonds and bond anticipation notes and provisions shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and bond anticipation notes to mature in such year and (b) the payment of interest to be due and payable in such year. SECTION 7. Subject to the provisions of this resolution and of the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of serial bonds and bond anticipation notes or the renewals of said obligations and of Sections 21.00, 50.00, 54.90, 56.00 through 60.00, 62.10 and 63.00 of the Law, the powers and duties of the Town Board relative to authorizing serial bonds and bond anticipation notes and prescribing terms, form and contents as to the sale and issuance of bonds herein authorized, including without limitation the determination of whether to issue bonds having substantially level or declining debt service and all matters related thereto, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Town Supervisor, as the chief fiscal officer of the Town (the “Town Supervisor”). Such notes shall be 3 Bond Resolution of such terms, form and contents as may be prescribed by said Town Supervisor consistent with the provisions of the Law. Further, pursuant to paragraph b. of Section 11.00 of the Law, in the event that bonds to be issued for any of the class of objects or purposes authorized by this resolution are combined for sale, pursuant to paragraph c. of Section 57.00 of the Law, with bonds to be issued for one or more objects or purposes authorized by other resolutions of the Town Board, then the power of the Town Board to determine the “weighted average period of probable usefulness” (within the meaning of paragraph a. of Section 11.00 of the Law) for such combined objects or purposes is hereby delegated to the Town Supervisor, as the chief fiscal officer of the Town. SECTION 8. The Town Supervisor is hereby further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution and any notes issued in anticipation thereof, if applicable, as “qualified tax- exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. SECTION 9. The Town Supervisor is further authorized to enter into a continuing disclosure undertaking with or for the benefit of the initial purchasers of the bonds or notes in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. SECTION 10. The Town Board hereby determines that the Project constitutes a “Type II” action within the meaning of the State Environmental Quality Review Act and the regulations of the New York State Department of Environmental Conservation thereunder (collectively, “SEQRA”) and that no further action under SEQRA with respect to the Project need be taken by the Town Board as a condition precedent to the adoption of this resolution. SECTION 11. The intent of this resolution is to give the Town Supervisor sufficient authority to execute those applications, agreements and instruments, or to do any similar acts necessary to affect the issuance of the aforesaid serial bonds or bond anticipation notes without resorting to further action of the Town Board. SECTION 12. Pursuant to subdivision b. of Section 35.00 of the Law, this resolution is subject to a permissive referendum in the manner prescribed by Article Seven of the Town Law of the State of New York (the “Town Law”). The Town Clerk is hereby authorized and directed, within ten (10) days after the date of adoption of this resolution, to post and publish a notice satisfying the requirements of Section 90 of the Town Law, which shall set forth the date of adoption of this resolution, shall contain an abstract hereof, and shall specify that this resolution was adopted subject to a permissive referendum. Such notice shall be published in the official newspaper of the Town for such purpose. SECTION 13. This resolution shall take effect thirty (30) days after the date of its adoption or, if within such thirty (30) day period there is filed with the Town Clerk a petition subscribed and acknowledged by the number of qualified electors of the Town required by 4 Bond Resolution Section 91 of the Town Law and in the manner specified in such Section, until approved by the affirmative vote of a majority of such qualified electors voting on a proposition for its approval. SECTION 14. The validity of the bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the constitution. SECTION 15. Upon this resolution becoming effective, the Town Clerk is hereby authorized and directed to cause a copy of this resolution, or a summary thereof, to be published, together with a notice attached in substantially the form as prescribed in Section 81.00 of the Law, in the official newspaper(s) of the Town for such purpose, together with a notice of the Town Clerk substantially the form provided in Section 81.00 of the Law. Seconded by Town Board Member ________________________ and duly put to vote, which resulted in the following: Town Board Member Wehner voting ____ Town Board Member Romeo voting ____ Town Board Member Freeman voting ____ Town Supervisor Perticone voting ____ Date: October 19, 2021 Certification Page STATE OF NEW YORK ) COUNTY OF MONROE ) ss.: I, the undersigned Town Clerk of the Town of Irondequoit, DO HEREBY CERTIFY as follows: 1. I am the duly qualified and acting Town Clerk of the Town of Irondequoit, Monroe County, New York (the “Town”) and the custodian of the records of the Town, including the minutes of the proceedings of the Town Board, and am duly authorized to execute this certificate. 2. A regular meeting of the Town Board of the Town of Irondequoit, Monroe County, State of New York, was held on October 19, 2021, and Minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of meetings of said Board. 3. Attached hereto is a true and correct copy of a Bond Resolution duly adopted at a meeting of the Town Board held on October 19, 2021 and entitled: BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE RECONSTRUCTION OF EXISTING SIDEWALKS THROUGHOUT THE TOWN; STATING THE MAXIMUM ESTIMATED COST THEREOF IS $250,000; AND AUTHORIZING THE ISSUANCE OF UP TO $250,000 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION 4. That said meeting was duly convened and held and that said resolution was duly adopted in all respects in accordance with the law and regulations of the Town. To the extent required by law or said regulations, due and proper notice of said meeting was given. A legal quorum of members of the Town Board was present throughout said meeting, and a legally sufficient number of members (2/3’s of the Town Board) voted in the proper manner for the adoption of the resolution. All other requirements and proceedings under the law, said regulations, or otherwise, incident to said meeting and the adoption of the resolution, including the publication, if required by law, have been duly fulfilled, carried out and otherwise observed. 5. Public Notice of the time and place of said Meeting was duly posted and duly given to the public and the news media in accordance with the Open Meetings Law, constituting Chapter 511 of the Laws of 1976 of the State of New York, and that all members of said Board had due notice of said Meeting and that the Meeting was in all respects duly held and a quorum was present and acted throughout. 6. The seal appearing below constitutes the official seal of the Town and was duly affixed by the undersigned at the time this certificate was signed. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the Town of Irondequoit this 19th day of October, 2021. TOWN OF IRONDEQUOIT [SEAL] By: Barbara Genier, Town Clerk Permissive Referendum Notice PUBLIC NOTICE TOWN OF IRONDEQUOIT NOTICE IS GIVEN, that the Town Board of the Town of Irondequoit, Monroe County, New York (the “Town Board”), at a regular meeting held on October 19, 2021, duly adopted, subject to a permissive referendum, a resolution, an abstract of which is as follows: In accordance with Article 7 of the New York State Town Law, such bond resolution will take effect thirty (30) days after the date of its adoption, unless prior to the close of such thirty- day period there is filed with the Town Clerk a petition, subscribed and acknowledged by that number of electors of the Town qualified to vote upon a proposition to raise or expend money equal to at least five percent (5%) of the total vote cast for governor in the Town in the last general election for state officers, but which number of electors shall not be less than 100, protesting against such resolution and requesting that it be submitted for approval or disapproval by the qualified electors of the Town. If such a qualifying petition is filed, a proposition for approval of the resolution shall be submitted at a general or special Town election in accordance with Article 7 of Town Law. Such Resolution was entitled: BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE RECONSTRUCTION OF EXISTING SIDEWALKS THROUGHOUT THE TOWN; STATING THE MAXIMUM ESTIMATED COST THEREOF IS $250,000; AND AUTHORIZING THE ISSUANCE OF UP TO $250,000 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows: 1. The resolution authorized the Town to undertake the reconstruction of existing sidewalks throughout the Town, including curbs and gutters, and all ancillary and related improvements. It was determined that the maximum estimated cost of the aforementioned class of objects or purposes is $250,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of (i) the issuance of the $250,000 in serial bonds of the Town authorized to be issued pursuant to this resolution or bond anticipation notes issued in anticipation of such bonds, and (ii) unless paid from other sources, the levy and collection of taxes on all taxable real property of the Town to pay the principal of such bonds or notes and the interest thereon as the same become due and payable. 2. Serial bonds of the Town (including, without limitation, statutory installment bonds) or bond anticipation notes issued in anticipation of such serial bonds in the principal amount of $250,000 are authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the “Law”) to finance said appropriation. Permissive Referendum Notice 3. The period of probable usefulness for the aforementioned class of objects or purposes is determined to be ten (10) years, pursuant to subdivision 24. of paragraph a. of Section 11.00 of the Law. 4. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is authorized pursuant to Section 165.10 of the Law, for the capital purposes described in the resolution. The Town shall reimburse such expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of the resolution. The resolution shall constitute a declaration of “official intent” to reimburse the expenditures authorized by the resolution with the proceeds of the bonds and bond anticipation notes authorized herein, as required by United States Treasury Regulations Section 1.150-2. 5. The final maturity of the bonds herein authorized to be issued shall be in excess of five (5) years measured from the date of issuance of the first serial bond or bond anticipation note issued pursuant to the resolution. 6. Each of the serial bonds authorized by the resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any bond anticipation notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the real property within the Town subject to applicable statutory limits, if any. The faith and credit of the Town are irrevocably pledged to the punctual payment of the principal and interest on said serial bonds and bond anticipation notes and provisions shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and bond anticipation notes to mature in such year and (b) the payment of interest to be due and payable in such year. 7. The Town Board delegated to the Town Supervisor of the Town the powers and duties of the Town Board relative to authorizing the issuance of said bonds, and any bond anticipation notes including renewals thereof, issued in anticipation of said bonds and prescribing the terms, form and content thereof. 8. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by the resolution and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by the resolution and any notes issued in anticipation thereof, if applicable, as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. 9. The Town Supervisor is further authorized to enter into a continuing disclosure undertaking with or for the benefit of the initial purchasers of the bonds or notes in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. Permissive Referendum Notice 10. The Town Board determined that the Project constitutes a “Type II” action within the meaning of the State Environmental Quality Review Act and the regulations of the New York State Department of Environmental Conservation thereunder (collectively, “SEQRA”) and therefore no further action under SEQRA is required with respect to the Project or the financing thereof. 11. The bond resolution was determined to be subject to permissive referendum. BY ORDER OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK. Dated: October 19, 2021 Affidavit Regarding Posting of Notice AFFIDAVIT REGARDING POSTING NOTICE STATE OF NEW YORK ) COUNTY OF MONROE ) ss: I, Barbara Genier, being duly sworn, deposes and says: I am over the age of 18 years; and, on October ____, 2021, I posted a true and correct copy of the attached Public Notice of the Town of Irondequoit, Monroe County (the “Town”) on the Town’s official bulletin board located within the Town Hall and on the Town’s website. TOWN OF IRONDEQUOIT By: Barbara Genier, Town Clerk Sworn before me this ____ day of October, 2021 ____________________________ Notary Public, State of New York Certificate of No Protest CERTIFICATE OF NO PROTEST I, Barbara Genier, in my capacity as Town Clerk of the Town of Irondequoit, Monroe County, New York, DO HEREBY CERTIFY, as follows: 1. The Town Board of the Town of Irondequoit at a meeting thereof duly called and held on October 19, 2021, adopted a Bond Resolution, a true, correct and certified copy which is attached hereto. 2. No petition or petitions protesting said resolution have been submitted or filed with the Town Clerk of the Town and the 30-day period has elapsed for submission and filing of a valid petition. IN WITNESS WHEREOF, I have signed and affixed the corporate seal of the Town this ____ day of November, 2021. TOWN OF IRONDEQUOIT By: Barbara Genier, Town Clerk [SEAL] ESTOPPEL NOTICE The resolution, a summary of which is published herewith, has been adopted on October 19, 2021 by the Town Board of the Town of Irondequoit, Monroe County, New York, and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Irondequoit is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. Barbara Genier, Town Clerk Town of Irondequoit SUMMARY OF BOND RESOLUTION Set forth below is a summary of said resolution adopted by the Town Board of the Town of Irondequoit on October 19, 2021. 1. The resolution is entitled “BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE RECONSTRUCTION OF EXISTING SIDEWALKS THROUGHOUT THE TOWN; STATING THE MAXIMUM ESTIMATED COST THEREOF IS $250,000; AND AUTHORIZING THE ISSUANCE OF UP TO $250,000 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION”. 2. Object or Purpose: the reconstruction of existing sidewalks throughout the Town, including curbs and gutters, and all ancillary and related improvements. 3. Period of Probable Usefulness: 10 years. 4. Amount of Debt Obligations Authorized: $250,000. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town of Irondequoit Town Hall, 1280 Titus Avenue, Rochester, New York 14617. Bond Resolution BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE TOWN TO UNDERTAKE THE RECONSTRUCTION AND STABILIZATION OF SENECA ROAD AND EDGEWATER DRIVE IN THE TOWN; STATING THE MAXIMUM ESTIMATED COST THEREOF IS $600,000; AND AUTHORIZING THE ISSUANCE OF UP TO $600,000 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION 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 19th day of October, 2021 at 7:00 P.M. local time, there were PRESENT: John Perticone Acting Town Supervisor Kimie Romeo Town Board Member Patrina Freeman Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ______________________________________ offered the following resolution and moved its adoption: WHEREAS, the Town Board of the Town of Irondequoit, Monroe County, New York (the “Issuer” or the “Town”) proposes to authorize the issuance of up to $600,000 in serial bonds of the Town to finance the reconstruction and stabilization of Seneca Road and Edgewater Drive in the Town including, as necessary or appropriate, the construction or reconstruction of sidewalks, curbs, gutters, drainage, landscaping, and grading or improving right of way improvements in connection therewith (collectively, the “Project”), at an estimated maximum cost of $600,000; and WHEREAS, the Town Board now wishes to appropriate funds for the Project and to authorize the issuance of the Town’s serial bonds and bond anticipation notes to be issued to finance the aforementioned class of objects or purposes. NOW, THEREFORE, THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”) HEREBY RESOLVES (by the affirmative vote of not less than three-fifths of all the members of such body), AS FOLLOWS: SECTION 1. The Town is hereby authorized to undertake the reconstruction and stabilization of Seneca Road and Edgewater Drive in the Town including, as necessary or appropriate, the construction or reconstruction of sidewalks, curbs, gutters, drainage, landscaping, and grading or improving right of way improvements in connection therewith. It is hereby determined that the maximum estimated cost of the aforementioned specific object or 2 Bond Resolution purpose is $600,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of (i) the issuance of the $600,000 in serial bonds of the Town authorized to be issued pursuant to this resolution, or bond anticipation notes issued in anticipation of such bonds, or statutory installment bonds, and (ii) unless paid from other sources, the levy and collection of taxes on all taxable real property of the Town to pay the principal of such bonds or notes and the interest thereon as the same become due and payable. SECTION 2. Serial bonds of the Town in the principal amount of $600,000 are hereby authorized to be issued pursuant to provisions of Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the “Law”) to finance the aforementioned class of objects or purposes. SECTION 3. It is hereby determined that the period of probable usefulness of the aforementioned class of objects or purposes is fifteen (15) years, pursuant to subdivision 20(c). of paragraph a. of Section 11.00 of the Law. SECTION 4. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Law, for the capital purposes described in this resolution. The Town shall reimburse such expenditures with the proceeds of the bonds or bond anticipation notes authorized by this resolution. This resolution shall constitute a declaration of official intent to reimburse the expenditures authorized herein with the proceeds of the bonds and bond anticipation notes authorized herein, as required by United States Treasury Regulations Section 1.150-2. SECTION 5. The final maturity of the bonds herein authorized to be issued shall be in excess of five (5) years measured from the date of issuance of the first serial bond or bond anticipation note issued pursuant to this resolution. SECTION 6. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any bond anticipation notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the real property within the Town subject to applicable statutory limits, if any. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal and interest on said serial bonds and bond anticipation notes and provisions shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and bond anticipation notes to mature in such year and (b) the payment of interest to be due and payable in such year. SECTION 7. Subject to the provisions of this resolution and of the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of serial bonds and bond anticipation notes or the renewals of said obligations and of Sections 21.00, 50.00, 54.90, 56.00 through 60.00, 62.10 and 63.00 of the Law, the powers and duties of the Town Board relative to authorizing serial bonds and bond anticipation notes and prescribing terms, form and contents as to the sale and issuance of bonds herein authorized, including without limitation the 3 Bond Resolution determination of whether to issue bonds having substantially level or declining debt service and all matters related thereto, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Town Supervisor, as the chief fiscal officer of the Town (the “Town Supervisor”). Such notes shall be of such terms, form and contents as may be prescribed by said Town Supervisor consistent with the provisions of the Law. Further, pursuant to paragraph b. of Section 11.00 of the Law, in the event that bonds to be issued for any of the class of objects or purposes authorized by this resolution are combined for sale, pursuant to paragraph c. of Section 57.00 of the Law, with bonds to be issued for one or more objects or purposes authorized by other resolutions of the Town Board, then the power of the Town Board to determine the “weighted average period of probable usefulness” (within the meaning of paragraph a. of Section 11.00 of the Law) for such combined objects or purposes is hereby delegated to the Town Supervisor, as the chief fiscal officer of the Town. SECTION 8. The Town Supervisor is hereby further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution and any notes issued in anticipation thereof, if applicable, as “qualified tax- exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. SECTION 9. The Town Supervisor is further authorized to enter into a continuing disclosure undertaking with or for the benefit of the initial purchasers of the bonds or notes in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. SECTION 10. The Town Board hereby determines that the Project constitutes a “Type II” action within the meaning of the State Environmental Quality Review Act and the regulations of the New York State Department of Environmental Conservation thereunder (collectively, “SEQRA”) and that no further action under SEQRA with respect to the Project need be taken by the Town Board as a condition precedent to the adoption of this resolution. SECTION 11. The intent of this resolution is to give the Town Supervisor sufficient authority to execute those applications, agreements and instruments, or to do any similar acts necessary to affect the issuance of the aforesaid serial bonds or bond anticipation notes without resorting to further action of the Town Board. SECTION 12. Pursuant to subdivision b. of Section 35.00 of the Law, this resolution is subject to a permissive referendum in the manner prescribed by Article Seven of the Town Law of the State of New York (the “Town Law”). The Town Clerk is hereby authorized and directed, within ten (10) days after the date of adoption of this resolution, to post and publish a notice satisfying the requirements of Section 90 of the Town Law, which shall set forth the date of adoption of this resolution, shall contain an abstract hereof, and shall specify that this resolution was adopted subject to a permissive referendum. Such notice shall be published in the official newspaper of the Town for such purpose. 4 Bond Resolution SECTION 13. This resolution shall take effect thirty (30) days after the date of its adoption or, if within such thirty (30) day period there is filed with the Town Clerk a petition subscribed and acknowledged by the number of qualified electors of the Town required by Section 91 of the Town Law and in the manner specified in such Section, until approved by the affirmative vote of a majority of such qualified electors voting on a proposition for its approval. SECTION 14. The validity of the bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the constitution. SECTION 15. Upon this resolution becoming effective, the Town Clerk is hereby authorized and directed to cause a copy of this resolution, or a summary thereof, to be published, together with a notice attached in substantially the form as prescribed in Section 81.00 of the Law, in the official newspaper(s) of the Town for such purpose, together with a notice of the Town Clerk substantially the form provided in Section 81.00 of the Law. Seconded by Town Board Member ________________________ and duly put to vote, which resulted in the following: Town Board Member Wehner voting ____ Town Board Member Romeo voting ____ Town Board Member Freeman voting ____ Town Supervisor Perticone voting ____ Date: October 19, 2021 Certification Page STATE OF NEW YORK ) COUNTY OF MONROE ) ss.: I, the undersigned Town Clerk of the Town of Irondequoit, DO HEREBY CERTIFY as follows: 1. I am the duly qualified and acting Town Clerk of the Town of Irondequoit, Monroe County, New York (the “Town”) and the custodian of the records of the Town, including the minutes of the proceedings of the Town Board, and am duly authorized to execute this certificate. 2. A regular meeting of the Town Board of the Town of Irondequoit, Monroe County, State of New York, was held on October 19, 2021, and Minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of meetings of said Board. 3. Attached hereto is a true and correct copy of a Bond Resolution duly adopted at a meeting of the Town Board held on October 19, 2021 and entitled: BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE TOWN TO UNDERTAKE THE RECONSTRUCTION AND STABILIZATION OF SENECA ROAD AND EDGEWATER DRIVE IN THE TOWN; STATING THE MAXIMUM ESTIMATED COST THEREOF IS $600,000; AND AUTHORIZING THE ISSUANCE OF UP TO $600,000 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION 4. That said meeting was duly convened and held and that said resolution was duly adopted in all respects in accordance with the law and regulations of the Town. To the extent required by law or said regulations, due and proper notice of said meeting was given. A legal quorum of members of the Town Board was present throughout said meeting, and a legally sufficient number of members (2/3’s of the Town Board) voted in the proper manner for the adoption of the resolution. All other requirements and proceedings under the law, said regulations, or otherwise, incident to said meeting and the adoption of the resolution, including the publication, if required by law, have been duly fulfilled, carried out and otherwise observed. 5. Public Notice of the time and place of said Meeting was duly posted and duly given to the public and the news media in accordance with the Open Meetings Law, constituting Chapter 511 of the Laws of 1976 of the State of New York, and that all members of said Board had due notice of said Meeting and that the Meeting was in all respects duly held and a quorum was present and acted throughout. 6. The seal appearing below constitutes the official seal of the Town and was duly affixed by the undersigned at the time this certificate was signed. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the Town of Irondequoit this 19th day of October, 2021. TOWN OF IRONDEQUOIT [SEAL] By: Barbara Genier, Town Clerk Permissive Referendum Notice PUBLIC NOTICE TOWN OF IRONDEQUOIT NOTICE IS GIVEN, that the Town Board of the Town of Irondequoit, Monroe County, New York (the “Town Board”), at a regular meeting held on October 19, 2021, duly adopted, subject to a permissive referendum, a resolution, an abstract of which is as follows: In accordance with Article 7 of the New York State Town Law, such bond resolution will take effect thirty (30) days after the date of its adoption, unless prior to the close of such thirty- day period there is filed with the Town Clerk a petition, subscribed and acknowledged by that number of electors of the Town qualified to vote upon a proposition to raise or expend money equal to at least five percent (5%) of the total vote cast for governor in the Town in the last general election for state officers, but which number of electors shall not be less than 100, protesting against such resolution and requesting that it be submitted for approval or disapproval by the qualified electors of the Town. If such a qualifying petition is filed, a proposition for approval of the resolution shall be submitted at a general or special Town election in accordance with Article 7 of Town Law. Such Resolution was entitled: BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE TOWN TO UNDERTAKE THE RECONSTRUCTION AND STABILIZATION OF SENECA ROAD AND EDGEWATER DRIVE IN THE TOWN; STATING THE MAXIMUM ESTIMATED COST THEREOF IS $600,000; AND AUTHORIZING THE ISSUANCE OF UP TO $600,000 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows: 1. The resolution authorized the Town to undertake the reconstruction and stabilization of Seneca Road and Edgewater Drive in the Town including, as necessary or appropriate, the construction or reconstruction of sidewalks, curbs, gutters, drainage, landscaping, and grading or improving right of way improvements in connection therewith. It was determined that the maximum estimated cost of the aforementioned class of objects or purposes is $600,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of (i) the issuance of the $600,000 in serial bonds of the Town authorized to be issued pursuant to this resolution or bond anticipation notes issued in anticipation of such bonds, and (ii) unless paid from other sources, the levy and collection of taxes on all taxable real property of the Town to pay the principal of such bonds or notes and the interest thereon as the same become due and payable. 2. Serial bonds of the Town (including, without limitation, statutory installment bonds) or bond anticipation notes issued in anticipation of such serial bonds in the principal amount of $600,000 are authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the “Law”) to finance said appropriation. Permissive Referendum Notice 3. The period of probable usefulness for the aforementioned class of objects or purposes is determined to be fifteen (15) years, pursuant to subdivision 20(c). of paragraph a. of Section 11.00 of the Law. 4. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is authorized pursuant to Section 165.10 of the Law, for the capital purposes described in the resolution. The Town shall reimburse such expenditures with the proceeds of the bonds or bond anticipation notes authorized by Section 1 of the resolution. The resolution shall constitute a declaration of “official intent” to reimburse the expenditures authorized by the resolution with the proceeds of the bonds and bond anticipation notes authorized herein, as required by United States Treasury Regulations Section 1.150-2. 5. The final maturity of the bonds herein authorized to be issued shall be in excess of five (5) years measured from the date of issuance of the first serial bond or bond anticipation note issued pursuant to the resolution. 6. Each of the serial bonds authorized by the resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any bond anticipation notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the real property within the Town subject to applicable statutory limits, if any. The faith and credit of the Town are irrevocably pledged to the punctual payment of the principal and interest on said serial bonds and bond anticipation notes and provisions shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and bond anticipation notes to mature in such year and (b) the payment of interest to be due and payable in such year. 7. The Town Board delegated to the Town Supervisor of the Town the powers and duties of the Town Board relative to authorizing the issuance of said bonds, and any bond anticipation notes including renewals thereof, issued in anticipation of said bonds and prescribing the terms, form and content thereof. 8. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by the resolution and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by the resolution and any notes issued in anticipation thereof, if applicable, as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code. 9. The Town Supervisor is further authorized to enter into a continuing disclosure undertaking with or for the benefit of the initial purchasers of the bonds or notes in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. Permissive Referendum Notice 10. The Town Board determined that the Project constitutes a “Type II” action within the meaning of the State Environmental Quality Review Act and the regulations of the New York State Department of Environmental Conservation thereunder (collectively, “SEQRA”) and therefore no further action under SEQRA is required with respect to the Project or the financing thereof. 11. The bond resolution was determined to be subject to permissive referendum. BY ORDER OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK. Dated: October 19, 2021 Affidavit Regarding Posting of Notice AFFIDAVIT REGARDING POSTING NOTICE STATE OF NEW YORK ) COUNTY OF MONROE ) ss: I, Barbara Genier, being duly sworn, deposes and says: I am over the age of 18 years; and, on October ____, 2021, I posted a true and correct copy of the attached Public Notice of the Town of Irondequoit, Monroe County (the “Town”) on the Town’s official bulletin board located within the Town Hall and on the Town’s website. TOWN OF IRONDEQUOIT By: Barbara Genier, Town Clerk Sworn before me this ____ day of October, 2021 ____________________________ Notary Public, State of New York Certificate of No Protest CERTIFICATE OF NO PROTEST I, Barbara Genier, in my capacity as Town Clerk of the Town of Irondequoit, Monroe County, New York, DO HEREBY CERTIFY, as follows: 1. The Town Board of the Town of Irondequoit at a meeting thereof duly called and held on October 19, 2021, adopted a Bond Resolution, a true, correct and certified copy which is attached hereto. 2. No petition or petitions protesting said resolution have been submitted or filed with the Town Clerk of the Town and the 30-day period has elapsed for submission and filing of a valid petition. IN WITNESS WHEREOF, I have signed and affixed the corporate seal of the Town this ____ day of November, 2021. TOWN OF IRONDEQUOIT By: Barbara Genier, Town Clerk [SEAL] ESTOPPEL NOTICE The resolution, a summary of which is published herewith, has been adopted on October 19, 2021 by the Town Board of the Town of Irondequoit, Monroe County, New York, and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Irondequoit is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. Barbara Genier, Town Clerk Town of Irondequoit SUMMARY OF BOND RESOLUTION Set forth below is a summary of said resolution adopted by the Town Board of the Town of Irondequoit on October 19, 2021. 1. The resolution is entitled “BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE TOWN TO UNDERTAKE THE RECONSTRUCTION AND STABILIZATION OF SENECA ROAD AND EDGEWATER DRIVE IN THE TOWN; STATING THE MAXIMUM ESTIMATED COST THEREOF IS $600,000; AND AUTHORIZING THE ISSUANCE OF UP TO $600,000 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION”. 2. Object or Purpose: the reconstruction and stabilization of Seneca Road and Edgewater Drive in the Town including, as necessary or appropriate, the construction or reconstruction of sidewalks, curbs, gutters, drainage, landscaping, and grading or improving right of way improvements in connection therewith. 3. Period of Probable Usefulness: 15 years. 4. Amount of Debt Obligations Authorized: $600,000. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town of Irondequoit Town Hall, 1280 Titus Avenue, Rochester, New York 14617. Resolution No. 2021-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE 2022 SPECIAL EVENTS CALENDAR 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 19h day of October 2021, at 7:00 P.M. local time; there were: PRESENT: John Perticone Town Board Member Patrina Freeman 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 set a Special Events Calendar for 2022; and WHEREAS, funding for Special Events and Farmers’ Market are available in fund 234 and fund 246. NOW, THEREFORE, BE IT RESOLVED, that the Supervisor, Acting Supervisor, or designee be authorized to: 1. Set the Special Events Calendar (Attachment “A”), including any modifications related to date, time, or location as necessary 2. Schedule parades for Memorial Day and July 4th Celebrations 3. Negotiate and enter into agreements related to the 2022 Special Events as they might apply, subject to final approval and/or ratification by the Town Board. 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 Romeo voting __________ Town Board Member Freeman voting __________ Town Board Member Perticone voting __________ ATTACHMENT “A” TOWN OF IRONDEQUOIT - SPECIAL EVENTS – 2022 Winterfest Saturday, January 22nd 11am. – 3pm. Winter Family Fun Invigorate Irondequoit Saturday, April 30th 8:30 am. Farmers’ Market Thursday evenings from May 26th – October 13th Town Hall Campus **No market June 30th** Memorial Day Parade Sunday, May 29th at 3:00pm IHS – Titus Ave to Town Hall Sponsored by Irondequoit Post #134 Memorial Day Flag Raising Monday, May 30th Flag Raising at Town Hall at 7:00 am. And Memorial Service Memorial Service at Irondequoit Cemetery at 9:00 am. Gazebo Concert Series Sunday afternoons once per month - June - August 2022 (dates TBD) Kiwanis Performing Arts Center Gazebo - Town Hall Campus Flag Day Tuesday, June 14th at 7:00pmTown Hall Sponsored by Irondequoit American Legion Post #134 and Bay Waters District Boy Scouts of America Juneteenth Celebration Friday, June 17th 5:00 pm-7:30pm– Irondequoit Community Center Saturday, June 18th 10:00 am – 2:00 pm– West Lawn/Gazebo on Town Hall Campus July 4th Celebration Sunday, July 3rd & Monday, July 4th July 3rd & 4th – Arts and Crafts Show and Sale 11am.- 9 pm. Street Dance, July 3rd - 7:00pm. TBD July 4th Parade – 11am, IHS – Titus Ave to Town Hall 2 Mile Fun Run – 7:45; 10K Run- 8:15 Fireworks – Approx.9:30 pm 11am.- 11 pm. Vendors, Entertainment & Activities Car Show Sunday, July 17th, 11:00-3:00 West Lawn of Town Hall Campus Classic cars, live entertainment and food. Veterans’ Day Friday, November 11th at 10:45am. Town Hall Sponsored by Irondequoit American Legion Post #134 Holiday Tree/Menorah Sunday, December 4th Lighting Ceremony Irondequoit Library at 4pm. Kiwanis Performing Arts Center Gazebo – Town Hall Campus at 5pm. Times indicated above are subject to change Resolution No. 2021-__ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT WITH RESPECT TO ENTERING INTO A MICROMOBILITY SERVICES AGREEMENT 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 19th day of October, 2021, at 7:00 P.M. local time; there were: PRESENT: 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 wishes to enter into a Micromobility Services Agreement with CycleHop, LLC (d/b/a “HOPR”) to participate in a “bike sharing” program, pursuant to which HOPR and the Rochester Genesee Regional Transportation Authority will deploy a total of 300 bikes (pedal and electric) in numerous municipalities within the region (the “Program”); and WHEREAS, participation in the Program is considered an Unlisted action under the State Environmental Review Act (“SEQRA”) and its accompanying regulations; and WHEREAS, pursuant to 6 NYCRR 617.6(b)(4), the Town Board wishes to engage in an uncoordinated review; and WHEREAS, the Town Board has received and reviewed the short Environmental Assessment Form (“EAF”), dated ______________, with respect to the Program and has considered the potential environmental impacts of the proposed action pursuant to the requirements of SEQRA and found that the proposed action will not result in any significant adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED, that the Town Board assumes lead agency status for an uncoordinated review of action of participating in the Program and entering into the Micromobility Services Agreement. AND, BE IT FURTHER RESOLVED, that the Town Board adopts the Negative Declaration for the Project and entry into the Micromobility Services Agreement in the form attached and determines that no Environmental Impact Statement is required. AND, BE IT FURTHER RESOLVED, that the Town Supervisor shall file the Negative Declaration along with this Resolution with the Town Clerk and forward these documents to any person who requests a copy, maintain the EAF and Negative Declaration in a file regularly accessible to the public. AND, BE IT FURTHER RESOLVED, that the requirements of 6 NYCRR Part 617 have been met. This resolution shall take effect immediately upon its adoption. Town Board Member Wehner voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Board Member Perticone voting _______ Resolution No. 2021-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING ENTRY INTO MICROMOBILITY SERVICES AGREEMENT 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 19th day of October, 2021, at 7:00 P.M. local time; there were: PRESENT: 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 Rochester Genesee Regional Transportation Authority (“RTS”) obtained a grant to implement a regional micromobility (bike-sharing) program, and following a public solicitation, RTS selected HOPR as its vendor and entered into a contract with HOPR in March 2020; and WHEREAS, to facilitate “bike sharing,” RTS plans to deploy a total of 300 bikes (pedal and electric) in numerous municipalities within the region (the “Program”); and WHEREAS, the Town supports the Program, and wishes to enter into a Micromobility Services Agreement with CycleHop, LLC (d/b/a HOPR) to join the Program; and WHEREAS, pursuant to the New York State Environmental Quality Review Act and its accompanying regulations, joining the Program is considered an Unlisted action, and by separate Town Board resolution, the Town Board issued a negative declaration for the action. NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes and approves of Micromobility Services Agreement with CycleHop, LLC d/b/a HOPR, in substantially the form annexed hereto as Exhibit A and in final form as approved by the Attorney for the Town, and authorizes the Town Supervisor or Acting Supervisor to execute the agreement and all other documents related thereto. 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 Freeman voting __________ Town Board Member Romeo voting __________ Town Board Member Perticone voting __________ Exhibit A (Micromobility Services Agreement) MICROMOBILITY SERVICES AGREEMENT THIS MICROMOBILITY SERVICES AGREEMENT (“Agreement”) is made and entered into as of _____________, 2021 (the “Effective Date”) by and between the Town of Irondequoit, a municipal corporation organized and existing under the laws of the State of New York having its principal office located at 1280 Titus Avenue, Rochester, NY 14617 hereinafter referred to as the “Client” and CycleHop, LLC dba HOPR, a Florida limited liability company, with offices at 1111 Lincoln Road Ste 500, Miami Beach, Florida 33139 (“HOPR”). HOPR and Client may individually be referred to as a “Party” and may collectively be referred to as the “Parties”). RECITALS WHEREAS, the Rochester Genesee Regional Transportation Authority (“RTS”) obtained a Congestion Mitigation and Air Quality (“CMAQ”) grant to implement a regional Micromobility program, and following a public solicitation, RTS selected HOPR as its “Micromobility” vendor and entered into a contract with HOPR in March 2020 (the “RTS Contract”); WHEREAS, RTS plans to deploy a total of 300 bikes (pedal & electric) in numerous towns and villages that have expressed interest in participating in the program; and WHEREAS, the City of Rochester had joined the RTS program and entered into an Agreement with HOPR in September 2020 to benefit from the Micromobility services it provides in connection with the RTS Contract; (City of Rochester Micromobility Services Agreement) WHEREAS, the Client has interest in joining the RTS program and enter into an Agreement with HOPR to benefit from the Micromobility services it provides in connection with the RTS and City of Rochester Agreements; NOW THEREFORE, in consideration of the mutual covenants and consideration set forth below, the Parties agree as follows: 1. DEFINITIONS 1.1. “Advertising” means any content or matter, whether electronic or printed, including words, pictures, photographs, symbols, graphics, or visual images of any kind, or any combination thereof, promoting or soliciting the sale or the use of a product or service or providing other forms of textual or visual messages or information, but in no event shall it include any message or information that is required to be posted on any Product by any federal, state, or local law, rule, or regulation or by this Agreement. 1.2. “Area of Operations” means the Town of Irondequoit 1.3. “Marks” means logos, trade names, designs, symbols, trademarks, and/or service marks. 1.4. “Micromobility Devices” means sharable mobility devices, including standard pedal bicycles (“Bicycles”), electric pedal-assist bicycles (“E-Bicycles”), and electric scooters (“Scooters”),. 1.5. “Micromobility Device Sharing Program” and “Program” mean the Micromobility Device sharing program implemented, managed, and operated by HOPR in the Area of Operations under this Agreement, including the services necessary for the Program to operate. 1.6. “Sponsorship” means an arrangement pursuant to which, in connection with a payment or payments, the entity or entities contributing such payment or payments is acknowledged by the Parties and/or the Program for such contribution. 1.7. “Stations” means the areas, whether located on publicly or privately-owned real property, for the retrieval, return, and storage of Micromobility Devices. 1.8. “User” means any person who has registered with HOPR as a member of the Program, or any person that otherwise uses a Micromobility Device. 1.9. “User Data” means aggregated data about the Users and their use of the Program. 1.10. “User Fee” means any fees paid by Users for the rental, lease, or other temporary provision of the Micromobility Devices via the Program. 2. GRANT OF LICENSE; PROVISION OF GOODS AND SERVICES 2.1. Goods and Services License. In consideration of the benefits that the Client and its community will receive from operating a Micromobility Device Sharing Program that provides cost effective transportation, the Client hereby grants HOPR for the duration of the term of this agreement a a temporary license to implement, operate and manage a Micromobility Device Sharing Program as described in the RTS Contract. Except for the Right of Way Fee described in Section 2.3, the license will be royalty free. HOPR will provide all of the necessary goods and services to implement, operate and manage the Program, in accordance with the following and all other requirements of the RTS Contract and this Agreement: 2.1.1. Necessary Goods. HOPR will provide the proprietary Micromobility Devices and related equipment, components, and accessories for the Program (the “Goods”). HOPR shall be solely responsible for the maintenance and repair of the Goods. 2.1.2. Rental Management Software. HOPR will provide the software that allows for the management, creation, and ending of Micromobility Device rentals made by Users (the “Software”). The Software allows HOPR to review User accounts, including checking payment status and billing history, reviewing and changing subscription plans, submitting payments for processing, reviewing rental history, and other similar functions for managing User accounts and the Program. HOPR will be solely responsible for protecting from the unauthorized access of or release of payment and other financial information of Users. 2.1.3. Mobile Application. HOPR will provide the authentication process that allows Users to access the Micromobility Devices via mobile applications with login credentials. HOPR will provide that access to its applications are secure and such applications will be Payment Card Industry Data Security Standards (“PCI DSS”) compliant. 2.1.4. Custom Website Landing Page. HOPR will provide a site-specific webpage that provides information on, and enables participation in, the Program (“Custom Website Landing Page”). The Custom Website Landing Page will be a subdomain of HOPR’s online web platform, based on HOPR's standard template and in accordance with HOPR's then-current design guidelines. 2.1.5. Customer Service. HOPR will provide responsive and customer‐friendly services that encourage repeat use including prompt response to complaints and downed Bicycles, Scooters and E-Bikes. Customer support lines will be open 24/7. 2.1.6. Availability of Services. Micromobility Devices will be available 24/7 from April through November. The months of operation may be extended by HOPR, upon approval by the Client, throughout the winter based upon the demand. 2.2. Ownership of Goods and Software. HOPR will at all times remain the owner of any Goods used to implement, operate and maintain the Program, including but not limited to, the Micromobility Devices and the Software. HOPR has the right, at its sole discretion, to remove any of the Goods from the Site at any time. 2.3. Use and Access to the Area of Operations. Client hereby grants to HOPR a license to have access to the Client’s premises and public space within the Area of Operations as set forth on the attached list of designated locations detailed in Exhibit B hereto for the purpose of: (i) creating geo-fenced digital Stations within the Area of Operations; (ii) maintaining, repairing, servicing, cleaning and operating said Stations as well as re-distributing and rebalancing Devices between Stations; and (iii) placing advertisements on the Goods located within the Area of Operations. HOPR shall pay the Client an annual Right-of-Way Fee of one hundred dollars ($100.00) for each station located on Client’s property or within the Rights of Way owned and controlled by Client reflecting the fair market value of its use of the Client’s space. Use of the Stations, and HOPR’s operations within the Area of Operations must, in the judgement of the Client (i) not adversely affect the common areas such as streets or sidewalks; (ii) not adversely affect the property of any third parties; and (iii) not inhibit pedestrian or vehicular movement nor create conditions which are a threat to public safety and security. HOPR expressly agrees to repair, replace or otherwise restore any part or item of real or personal property that is damaged, lost or destroyed as a result of HOPR’s use of the Stations. 2.4. Client Assistance. The Client may, at its own discretion, support the Program by providing or paying for parking hubs to assist with the orderly parking of Micromobility Devices throughout the Area of Operations. HOPR will work with the Client to create designated hub parking areas in the public space for the parking of Micromobility Devices, which will be located near destinations, buildings, transit stops, parking, and other desired locations. 2.5. Exclusive Provider. During the term of this agreement, HOPR will be the exclusive provider of Micromobility Devices allowed to place stations at the locations as set forth in Exhibit B and, it is understood, that HOPR shall be the exclusive provider of Micromobility Devices with stations placed in locations coordinated with bus routes as prescribed by RTS. 3. PROGRAM MANAGEMENT 3.1. Program Management. HOPR acknowledges that it is responsible for the management and operation of the Program, including but not limited to the rental and maintenance of the Micromobility Devices; the procurement of all parts, tools, labor, insurance, and other requirements associated with maintaining the Goods; the enrollment of Users; the marketing of the Program; examining the location data of Micromobility Devices; viewing alerts such as battery level and repair status; designating Stations and potential new system areas; viewing and analyzing User Data; providing User customer service; and the overall delivery of a safe and reliable Program. Except as otherwise explicitly stated in this Agreement, the Client will not be involved in the management and operation of the Program. 3.2. Subcontractors. Subject to the terms of this Section 3, HOPR may engage one or more qualified subcontractor(s) to carry out the performance of its obligations hereunder. 3.3. Liability Waivers. Prior to making the Goods available for use, HOPR will obtain from each User an assumption of risk, waiver of liability, and release agreement naming HOPR, the Client and their affiliates, contractors, suppliers, agents, and employees as released parties. 3.4. Performance Reports. Every month, HOPR will provide reports to the Client concerning utilization of the Micromobility Devices and routes, including any incidents. HOPR will cooperate with the Client in the collection and analysis of aggregated data concerning the operation of the Program. 4. PLATFORM USAGE AND RESTRICTIONS 4.1. Use of Platform by Users. Client acknowledges that each User must have a valid username and password to access the Micromobility Device rental application platform (the “Platform”). Client acknowledges that HOPR or its suppliers may suspend or terminate a User’s access to the Platform if HOPR or its suppliers reasonably believes that such individual has not paid fees in connection with the Program when due, is in breach of system security, or is otherwise misusing or abusing the Platform. HOPR will provide notice to the Client of any such suspension or termination. The Platform must have the ability for Users to read and accept a liability waiver, be in both English and Spanish language, and must be PCI DSS compliant. 4.2. Access to User Data by Client. The Client does not have any ownership interest in the User Data or have a right to directly access or use the User Data. The User Data is considered part of the Platform, and all terms and conditions applicable to the Platform, including but not limited to, HOPR’s privacy policy and terms of use, apply to the User Data. 4.3. Compliance with Laws and Other Rights. HOPR represents and warrants that it will not use, or permit the subscribed Users to use, the Platform in ways that to HOPR’s knowledge would violate laws, infringe or violate the rights of others, including but not limited to third party intellectual property rights, privacy rights, and publicity rights. HOPR will comply with all applicable laws, rules, ordinances, codes, and regulations relating to the operation of the Program and the collection of User Data. HOPR will, at its expense, acquire and maintain all licenses or permits required to construct, install, maintain and operate the Platform prior to commencing the activity for which a license or permit is required. 5. USER FEES, SPONSORSHIP FEES, AND ADVERTISING FEES 5.1. User Fee. The User Fees are set forth in Appendix “A” and may be changed from time to time in HOPR’s discretion. User Fees will be collected via the Platform and HOPR will retain all User Fees. 5.2. Advertising and Sponsorship Fees. HOPR has the sole right to sell Advertising and Sponsorships that will be placed on the Goods and Stations during the Term. Any such Advertisements and Sponsorships will not portray the Client in a negative light or, in the judgement of the Client, contain inappropriate material. All such Advertisements and Sponsorships shall be subject to prior review and approval by the Client. The Client may also purchase Sponsorship from HOPR. HOPR will retain all revenue generated from any Advertising or Sponsorships. 6. OWNERSHIP OF INTELLECTUAL PROPERTY; RIGHTS OF PUBLICITY 6.1. Ownership of Intellectual Property. The Client acknowledges that the Goods offered hereunder contain and incorporate certain Marks, patents, moral rights, trade secrets, copyrights, and other tangible or intangible proprietary information, whether registered or unregistered, and whether first made or created before or after the Effective Date (“Intellectual Property”), and that such Intellectual Property are proprietary to HOPR, and HOPR’s suppliers and licensors, and that HOPR, and its suppliers and licensors, retain exclusive ownership of the Intellectual Property and all copies thereof provided under this Agreement. The Client acknowledges that title to the Intellectual Property will remain with HOPR, and its suppliers and licensors, notwithstanding anything to the contrary herein, and that the Client has no rights in the Intellectual Property except those expressly granted by this Agreement. All data created or processed by the Goods is and will remain the sole property of HOPR. 6.2. Restrictions on Use. The Client must not directly or indirectly: 6.2.1. Sell, lease, license, pledge, sublicense, loan, encumber, or otherwise transfer the Intellectual Property, in whole or in part, to any third party or otherwise make the Intellectual Property available to any third party, and shall keep the same free from any lien or encumbrance, or any other claim by a third party; 6.2.2. Copy, reproduce, or otherwise infringe the Intellectual Property, in whole or in part, with respect to the Goods, Software or other materials developed or provided hereunder; 6.2.3. Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any portion of the Intellectual Property Rights; 6.2.4. Write or develop any derivative software or any other software program based on the Intellectual Property Rights; 6.2.5. Make modifications, corrections, alterations, enhancements, or other additions to the Intellectual Property Rights; or 6.2.6. Remove or destroy any Marks, proprietary markings, or proprietary legends placed upon or contained with or on any Goods or any related materials or documentation by HOPR. 6.3. Prosecution. HOPR, and its suppliers and licensors, must maintain sole control and discretion over the prosecution and maintenance of all Intellectual Property related to the Goods and Software. HOPR, and its suppliers and licensors, have the primary right, but not the obligation, to bring and control any suits against any unauthorized use, infringement, misappropriation, dilution, or other violation of the Intellectual Property. HOPR and/or its suppliers and licensors shall be entitled to retain the entirety of any award arising from such suit. Client will cooperate to police diligently the Intellectual Property. Client will promptly notify HOPR in writing of any unauthorized use, infringement, misappropriation, dilution, or other violation of the Intellectual Property of which it becomes aware. 6.4. Proprietary Marks. Marks associated with Client and HOPR are and must remain the property of Client and HOPR, respectively. Notwithstanding the above and subject to the limitations, terms, and conditions set forth in this Agreement, neither Party will use the other Party’s Marks without the prior written consent of the other Party. 6.5. Publicity. The Parties agree that each Party may issue a press release regarding the signing of this Agreement and that the other Party will provide a suitable quote. Any other or any additional news releases, public announcements, advertisements, or publicity proposed to be released by either Party in connection with the Agreement will be subject to the consent of the other Party prior to release, such consent not to be unreasonably withheld, delayed and/or conditioned. Full consideration and representation of the respective roles and contributions of both Parties shall be given in any such statement. 7. INDEMNIFICATION 7.1. Indemnification by HOPR. HOPR shall indemnify, defend and hold Client, its directors, officers, employees, suppliers, agents, successors, and assigns harmless from and against all claims, liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages awarded by a court of competent jurisdiction to a third party to the extent arising out of or relating to: (i) the negligence or misconduct of HOPR or any of its employees, suppliers, contractors or agents; (ii) a defect in the design and/or manufacturing of the Goods; (iii) the breach by HOPR of its obligations under this contract including but not limited to the obligations set forth in paragraphs 2.1.1 through 2.1.6 above; (iv) User demands for refunds of any fees charged by HOPR; (v) any theft or misappropriation of User financial information through the HOPR application or softwareor vi) a determination that the Goods or Software directly infringe a copyright, a U.S. patent issued as of the Effective Date, or a trademark, except to the extent such Goods are further modified, customized, or augmented by or on behalf of Client or as directed by Client. 8. WARRANTY 8.1. Representations. HOPR represents and warrants to Client that: (i) HOPR has all necessary authority and rights granted under this Agreement to make all of HOPR’s promises and commitments contained in this Agreement; (ii) neither the granting of the rights to Client under this Agreement nor the exercise thereof by Client will infringe or otherwise violate the intellectual property or other proprietary or contractual rights of any person or entity; and (iii) the performance by HOPR of its promises and commitments contained in this Agreement and the services to be provided will not conflict with or be prohibited or restricted by any Agreements or commitments with third parties. 9. INSURANCE 9.1. Insurance. During the Term of this Agreement, HOPR will maintain, at its sole cost and expense, insurance sufficient to cover any and all claims for damages that may arise under this Agreement and in its operations, including personal injury, death, damage to property, and monetary damages. During the Term, HOPR will maintain the following insurance in its name and, for the policies below, naming the Client, its officers, agents, and employees as additional insureds thereunder: A. Commercial general liability insurance coverage with limits of no less than One Million and no/100 Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury and property damage, and in the aggregate of Two Million and no/100 Dollars ($2,000,000.00). B. Worker’s Compensation insurance in accordance with statutory requirements; C. Employers’ Liability Insurance in accordance with applicable New York State law; and, D. Automobile Liability Insurance in the amount of One Million and no/100 Dollars ($1,000,000.00). Coverage shall not exclude consequential damages and shall cover indirect, incidental, special, exemplary, punitive, and consequential damages, including lost profits, loss or corruption of data, loss of goodwill, costs to procure substitute goods or services, and interruption of business. Coverage will be placed with insurance carriers with an A.M. Best rating of not less than A- and financial rating of not less than VII. HOPR shall submit proof of insurance meeting the above specifications to the City within thirty (30) days of the Executed Agreement. All insurance policies must designate the Client as an “additional insured” and shall include a provision that such policy may not be amended or terminated without thirty (30) days prior written notice to the Client; provided, however, fifteen (15) days prior written notice will be given with respect to nonpayment. 10. TERM, TERMINATION AND DEFAULT REMEDIES 10.1. Program Launch Date. The Program will be available for use by Users as part of a limited pilot in the spring of 2021, and the full launch on or before July 1, 2021 (the “Launch Date”). 10.2. Term. This Agreement will have a term that coincides with the term of the RTS Contract (an initial term of three years, with a two year-renewable option). 10.3. Termination. In the event either Party is in breach of this Agreement, and such breach is not cured within sixty (60) days after receipt of written notice from the non-breaching party requesting that such breach be cured, then the non-breaching party may terminate this Agreement. Additionally, this Agreement will automatically terminate upon termination of the RTS and the City of Rochester Contracts. The Client and HOPR shall each have an option to unilaterally terminate this agreement without cause upon 90 days written notice. 11. PROGRAM SIZE; EXPANSION 11.1 Client-Funded Program. The Client’s goal is approx. 30 Micromobility Devices for use in the Program in the first year. The Client may contribute funding towards this goal to the extent appropriated for such purpose by Client. The fees charged by HOPR will be calculated on a per-device basis at the rate and in the manner described in the RTS Contract. The Client may also contribute funding to the program through sponsorship. 11.2 HOPR-Funded Program. Subject to paragraph 11.3 below, HOPR may deploy additional Micromobility Devices for use in meeting the Client, RTS and City’s Program goals with its own funds and/or with corporate sponsorship funds. 11.3 Limitation on Scooters. HOPR shall initially only deploy bicycles and E-bicycles as part of the Program. No Scooters may be deployed by HOPR at any station in the Area of Operation until written approval is provided by the Client, and HOPR shall, as soon as software is updated to so regulate Scooter use, geo-fence Scooters it deploys in the City and in other Towns and Villages so that said Scooters cannot be operated in the Area of Operation until such written approval is provided. Moreover, HOPR shall retrieve from the Area of Operation within 24 hours any Scooters located in the Area of Operation until such time as written permission is provided by Client to allow for the deployment of Scooters in the Area of Operation. 12. EQUAL EMPLOYMENT OPPORTUNITY 12.1 General Policy. Client reaffirms its policy of Equal Opportunity and its commitment to require all contractors, lessors, vendors and suppliers doing business with the Client to follow a policy of Equal Opportunity, in accordance with the requirements set forth herein. Client further does not discriminate on the basis of disability, in admission or access to, or treatment or employment in its programs and activities. Client is including these policy statements in all bid documents, contracts, and leases. Contractors, 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 City's request. 12.2 Definitions. MINORITY GROUP PERSONS - shall mean a person of Black, Hispanic, Asian, Pacific Islander, American Indian, or Alaskan Native ethnic or racial origin and identity. 12.3 Compliance. HOPR shall comply with all of the following provisions of this Equal Opportunity Requirement: a. HOPR shall not discriminate against any employee for employment because of age, race, creed, color, national origin, sex, sexual orientation, gender identity or expression, disability, or marital status in the performance of services or programs pursuant to this Agreement, or in employment for the performance of such services or programs, against any person who is qualified and available to perform the work in which the employment relates. HOPR agrees that in hiring employees and treating employees performing work under this Agreement or any subcontract hereunder, HOPR, and its subcontractors, if any, shall not, by reason of age, race, creed, color, national origin, sex, sexual orientation, gender identity or expression, disability or marital status discriminate against any person who is qualified and available to perform the work to which the employment relates. HOPR agrees to take affirmative action to ensure that applicants are employed, and that applicants are hired and that employees are treated during their employment, without regard to their of age, race, creed, color, national origin, sex, sexual orientation, gender identity or expression, disability, or marital status. Such actions 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. b. HOPR agrees that its employment practices shall comply with the provisions of Chapter 63 of the Rochester Municipal Code, which restricts inquiries regarding or pertaining to an applicant’s prior criminal conviction in any initial employment application. c. If HOPR is found guilty of discrimination in employment on the grounds of age, race, creed, color, national origin, sex, sexual orientation, gender identity or expression, disability, or marital status by any court or administrative agency that has jurisdiction pursuant to any State or Federal Equal Opportunity Laws or 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 City on account of such cancellation or termination, and HOPR shall be disqualified from thereafter selling to, submitting bids to, or receiving awards of contract with the Client for goods, work, or services until such time as HOPR can demonstrate its compliance with this policy and all applicable Federal and State Equal Opportunity laws and regulations. d. HOPR 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, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 13. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Client hereby gives public notice that it is the Client’s policy to assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations in all programs and activities. Title VI requires that no person in the United States of America shall, on the grounds of race, color, gender, or national origin be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Client receives federal financial assistance. Any person who believes they have been aggrieved by an unlawful discriminatory practice under Title VI has a right to file a formal complaint with the Client. Any such complaint shall be in writing and filed with the Client within one hundred eighty (180) days following the date of the alleged discriminatory occurrence. 14. FREEDOM OF INFORMATION LAW Disclosures required by New York’s Freedom of Information Law (“FOIL”) shall not be considered a breach of any confidentiality provisions in this Agreement. Should HOPR provide the Client with any records it deems confidential and exempt from FOIL, HOPR shall clearly mark such portions of those records as confidential and exempt from FOIL disclosure. Upon any request for disclosure of information so marked, the Client will inform HOPR of the request and give HOPR ten (10) business days to submit a written statement of necessity for exempting the records from disclosure pursuant to New York Public Officers Law 89(5). As required by the Public Officers Law, the Client will issue a determination as to disclosure within seven (7) business days. If the Client determines that the records shall be disclosed, HOPR may appeal the Client’s determination within seven (7) business days. Thereafter, the Client shall respond to HOPR’s appeal within ten (10) business days. If the Client issues an adverse determination, HOPR may appeal the decision within fifteen (15) days of service by commencing an Article Seventy-Eight (78) proceeding under New York’s Civil Practice Law and Rules. . 15. AUDIT HOPR agrees that the Client shall, until the expiration of three (3) years after final payment, have access to and the right to examine, at no cost to the Client, any directly pertinent books, documents, papers and records of the Consultant and of any of the subcontractors engaged in the performance of and involving transactions related to this Agreement or any subcontracts. 16. GENERAL 16.1. Force Majeure. Neither Party will be liable to the other Party for failure or delay in the performance of a required obligation if such failure or delay is caused by Pandemic, strike, lockouts, riot, fire, natural disaster, utilities and communications failures, governmental actions or inactions or orders or restrictions, failure of suppliers, default of common carrier, or any other reason where failure to perform is beyond the reasonable control of and is not caused by the negligence of the non-performing party, provided that such Party gives prompt written notice of such condition and resumes its performance as soon as possible. In the event of such default, delay, or failure to perform, any date or times by which either Party is otherwise scheduled to perform shall be extended automatically for a period of time equal in duration to the time lost by reason of the excused default, delay, or failure to perform. 16.2. Governing Law. This Agreement is governed by the laws of the State of New York. Any provisions herein, in conflict with such laws and rules shall be void and of no effect. The Client is entitled to the benefits of sovereign immunity coextensive therewith, including immunities from taxation. The Parties submit to the personal jurisdiction of the State of New York. Any and all state or federal court proceedings arising under the terms of this Agreement shall be venued in Monroe County, New York. 16.3. Assignment. The Client may not assign or transfer any rights or obligations under this Agreement or this Agreement itself, in whole or in part, without the prior express written consent of HOPR, which shall not be unreasonably withheld. HOPR may fulfill any of their obligations under this Agreement through third party service providers and suppliers upon prior written notice to the Client This Agreement shall bind and inure to the benefit of the Parties to this Agreement and their respective successors, permitted transferees, and permitted assigns. 16.4. Survivability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement shall remain in full force and effect. Any Sections of this Agreement which must survive the termination or expiration of this Agreement for its intent to remain, including but not limited to, Sections 2, 3 (with respect to the release), 6, 7, 8, 9, 10, 12.1, 12.3, and 12.4, will survive termination or expiration of the Agreement for any reason. 16.5. Notices. All notices and other legal communications permitted or required to be given under this Agreement shall be deemed to have been duly given (effective as of the time specified herein) if such notice or communication shall be in writing and given by (i) personal delivery to the Party to be notified (upon delivery), (ii) electronic mail during normal business hours of the recipient (when sent) or not sent during normal business hours (on the recipient’s next business day), (iii) registered or certified mail, return receipt requested, postage prepaid (five (5) days after mailing), or (iv) deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt (one (1) day after mailing). All communications shall be sent to the respective Party at its address as set forth in the introductory paragraph to this Agreement or to such email address, facsimile number, or address as subsequently modified by written notice given in accordance with this Section 12.5. Any mandatory notices, requests, or demands pursuant to this Agreement shall also be sent, in addition to the contacts identified above, to the following people: Client: Hon. William W. Moehle, Town Supervisor HOPR: Josh Squire, CEO, at josh@gohopr.com 16.6. Relationship of Parties. Nothing herein contained shall be in any way construed as expressing or implying that the Parties hereto have joined together in any joint venture or liability company or in any manner have agreed to or are contemplating the sharing of profits and losses among themselves in relation to any matter relating to this Agreement. 16.7. Entire Agreement. Each Party acknowledges and agrees that this Agreement is the complete statement of the Agreement between the Parties with respect to the subject matter hereof, and that this Agreement supersedes all prior proposals, understandings, and arrangements, oral or written, between the Parties relating to this Agreement. This Agreement may not be modified, amended, supplemented, or otherwise changed except by a written document executed by an authorized representative of each of the Parties hereto. IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the Effective Date. Town of Irondequoit HOPR By: By: Name: ______________________________ Name: Title: ______________________________ Title: Exhibit A User Fee Schedule for 2021 Pay as You Go Pedal bike: $1 to unlock and $0.15 per minute Electric bike and scooter: $1 to unlock and $0.25 per minute* *for electric there is an additional fee of $0.18 per ride and $0.02 per minute for insurance. + Sales tax: 8.13% Monthly Memberships Pedal bike: $20 per month, $0 to unlock, 30 minutes free riding time per day, $0.15 per minute thereafter. Electric bike and scooter: $30 per month, $0 to unlock, 15 minutes of free riding time per day, $0.25 per minute thereafter. * *for electric there is an additional fee of $0.18 per ride and $0.02 per minute for insurance. Sales tax: 8.13%Low Income Monthly Pass Pedal Bikes: $10 per month, $0 to unlock, 60 minutes of free riding time per day, $0.15 thereafter. Electric bikes and scooters: $10 per month, 30 minutes of free riding time per day, $0.25 thereafter.* *for electric there is an additional fee of $0.18 per ride and $0.02 per minute for insurance. + Sales tax: 8.13% Annual Memberships Not available at this time Exhibit B Area of Operations With-in the Town of Irondequoit: Following locations permit approval process, HOPR will submit a map of the area of operations. Resolution No. 2021-__ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD AUTHORIZING SUPERVISOR TO EXECUTE LANDLORD/OWNER WAIVER CONCERNING AGREEMENT WITH GREENLIGHT NETWORKS LLC 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 19th day of October, 2021, at 7:00 p.m. local time; there were: PRESENT: Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _______________ offered the following resolution and moved its adoption: WHEREAS, the Town Board of the Town of Irondequoit previously approved an Agreement with Greenlight Networks, LLC (“Greenlight”) to license space in facilities in exchange for free internet service to Town facilities during the term of the Agreement, and subsequently revisions to the Agreement; and WHEREAS, the Town Board adopted a Negative Declaration for the Agreement, as revised, pursuant to the State Environmental Quality Review Act (“SEQRA”), in Resolution 2020-024; and WHEREAS, Greenlight has installed equipment at the Town, and its lender, Five Star Bank, now requests that the Town execute a Landlord/Owner Waiver (“Landlord Waiver”) granting the lender the right to take an interest in the equipment as collateral for the purpose of extending credit to Greenlight, and further granting the lender the right to enter and retrieve such equipment in the event that Greenlight defaults on its payments to the lender. NOW THEREFORE, BE IT RESOLVED, that the Town Board finds that the Landlord Waiver is in the best interest of the Town. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board hereby determines that the actions contemplated herein constitute a Type II action for purposes of SEQRA pursuant to 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), and therefore further environmental review is not required. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Supervisor or Acting Supervisor to enter into and execute the Landlord Waiver in favor of Five Star Bank in such form as annexed hereto as Exhibit A. 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______________ Exhibit A 8177474_1 Landlord/Owner Waiver Re: Property: 1290 Titus Ave, Rochester, NY 14617 Borrower: Greenlight Networks, LLC Collateral: All assets of Borrower The undersigned (the “Owner”) owns the Property and has been advised that Five Star Bank (the “Lender”), with an address at 55 North Main Street, Warsaw, NY 14569, has extended, or will extend, credit to Borrower to be secured by a security interest in the Collateral, some or all of which is located at the Property. The Owner, intending to be legally bound, agrees as follows: (i) it consents to the Lender taking a security interest or other lien in the Collateral; (ii) that any Collateral located at or upon the Property is and shall be deemed personal property and shall not constitute fixtures; (iii) that any and all liens, claims, demands or rights, including but not limited to the right to levy or distrain for unpaid amounts, which it now haves or hereafter acquires on or in any of the Collateral, shall be subordinate and inferior to the lien and security interest of the Lender, and as to the Lender, Owner specifically waives and relinquishes all such rights with respect to the Collateral; (iv) the Lender may at any time enter upon the Property and remove the Collateral without liability to the Owner except for physical damage to the Property directly resulting from such removal (but not for any diminution in value caused by such removal); and (v) the Owner will not seek to levy, execute on or foreclose any lien or other security interest in the Collateral or otherwise apply the value of the Collateral to satisfy any claim of the Owner against the Borrower until all obligations owing by the Borrower to the Lender have been irrevocably paid in full. This consent and subordination shall be binding upon the Owner’s personal representatives, successors and assigns and shall be interpreted in accordance with the laws of the State of New York, excluding its conflict of law rules. Dated: . 20 Owner By: Name: Title: Resolution No. 2021-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION PROVIDING FOR THE RECORDING OF WORKSHOP MEETINGS 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 19th day of October, 2021, at 7:00 P.M. local time; there were: PRESENT: Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________ offered the following resolution and moved its adoption: WHEREAS, the Town Board is committed to conducting its meetings with the utmost clarity and transparency, and endeavors to ensure that there is a full record of its meetings and proceedings for review by the public; and WHEREAS, the Town Board generally conducts a workshop meeting and regular meeting each month, and its regular meetings are recorded, broadcast for public viewing, and subsequently hosted on the Town website; and WHEREAS, the Town Board wishes to record its workshop meetings in the interests of clarity, transparency, and creating a full record of its proceedings. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that its workshop meetings, and to the extent practicable any special meetings, be audio- recorded and/or video-recorded, and that following such meetings the recordings thereof shall be maintained by the Town. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Freeman voting __________ Town Board Member Romeo voting __________ Town Board Member Perticone voting __________