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HomeMy Public PortalAbout2021.11.16 RTB Packet 11-15-2021 REGULAR TOWN BOARD MEETING NOVEMBER 16, 2021 7:00 PM AGENDA 6:30 PM PRE-RTB MEETING—SWEARING-IN OF FOUR (4) IRONDEQUOIT POLICE OFFICERS PLEDGE OF ALLEGIANCE ROLL CALL STAFF SPOTLIGHT SUPERVISOR’S REMARKS & ANNOUNCEMENTS PUBLIC INPUT FINANCIAL REPORT APPROVAL OF MINUTES October 12, 2021 Workshop Meeting October 19, 2021 Regular Town Board Meeting October 20, 2021 Budget Workshop Meeting PUBLIC HEARING 11PH2021-1 ON THE MATTER Pertaining to a Change of Use and Disposition of the 7:35 PM Pinegrove Recreation Center which had been Improved with Funds from the Community Development Block Grant (CDBG) Program ITEMS FOR BOARD ACTION Appointments 11A2021-2 RESOLUTION Authorizing the Appointment of Several Part-Time Employees for the Irondequoit Community Center 11A2021-3 RESOLUTION Authorizing the Hiring of a Part-Time School Traffic Guard in the Irondequoit Police Department 11A2021-4 RESOLUTION Authorizing the Appointment to a Motor Equipment Operator 11A2021-5 RESOLUTION Authorizing the Hiring of a Building Maintenance Foreman 11A2021-6 RESOLUTION Filling a Conservation Board Vacancy 11A2021-7 RESOLUTION Authorizing the Hiring of a Provisional Building Maintenance Foreman for the Irondequoit Town Hall Assessor RESOLUTION Pursuant to a Settlement Agreement with US BK NA Series – 11A2021-8 720 & 746 E. Ridge Road Community Development 11A2021-9 RESOLUTION Authorizing the Adoption of the 2022 Irondequoit Conservation Board Meeting Schedule 11A2021-10 RESOLUTION Authorizing the Adoption of the 2022 Irondequoit Zoning Board of Appeals Meeting Schedule 11A2021-11 RESOLUTION Authorizing the Adoption of the 2022 Irondequoit Planning Board Workshop and Meeting Schedule 11A2021-12 RESOLUTION Allowing the Town to Create Training Sessions for Members of Various Boards 11A2021-13 RESOLUTION Calling for a Public Hearing on the Matter of Granting a Special Use Permit for 720 E. Ridge Road in a C-Business District Comptroller 11A2021-14 RESOLUTION Authorizing Adoption of the Annual Budget for the Year 2022 11A2021-15 RESOLUTION Authorizing an Agreement with Irondequoit Ambulance for the Award and Use of American Rescue Plan Act Funding Human Resources 11A2021-16 RESOLUTION Approving an Employee Discount for Irondequoit Community Center Membership IT 11A2021-17 RESOLUTION Authorizing the Retention of Firm to Provide Enterprise Resource Planning System Police 11A2021-18 RESOLUTION Declaring Surplus Vehicles and Authorizing Auction 11A2021-19 RESOLUTION Approving the Purchase of Two (2) 2022 Ford Utility Police Interceptor All Wheel Drive Vehicles 11A2021-20 RESOLUTION Approving Acceptance of Donation to Police Department 11A2021-21 RESOLUTION Approving Agreement Between Wegmans Food Markets, Inc. and Irondequoit Police Department for Security Services Public Works 11A2021-22 RESOLUTION Calling for a Public Hearing on Local Law Authorizing Speed Reductions on Bouckhart Drive, Brooktrout Lane, Ontario View Street, Seneca Road from Culver Road to Sea Breeze Drive and Sewilo Hills Drive from 30 MPH to 25 MPH 11A2021-23 RESOLUTION Calling for a Public Hearing on a Proposed Local Law to Prohibit Parking at all times on Beach Avenue 11A2021-24 RESOLUTION Authorizing Budget Transfer and the Purchase of One (1) 2022 Vehicle to be Used by the Department of Public Works 11A2021-25 RESOLUTION Authorizing the Supervisor to Enter into an Intermunicipal Agreement with Sea Breeze Fire District 11A2021-26 RESOLUTION Renewing Electrical Services for the Town of Irondequoit Facilities 11A2021-27 RESOLUTION Authorizing Award of Zero Turn Lawn Mower 11A2021-28 RESOLUTION Authorizing Budget Transfer and Awarding Bid for Electric Scissors Lift 11A2021-29 RESOLUTION Revising Fee Schedule for the Irondequoit Cemetery 11A2021-30 RESOLUTION Authorizing the Application for and Acceptance of $250,000 Worth of Grant Funding from the Dormitory Authority of the State of New York from Senator Brouk 11A2021-31 RESOLUTION Authorizing the Application for and Acceptance of $250,000 Worth of Grant Funding from the Dormitory Authority of the State of New York from Assemblywoman Clark 11A2021-32 RESOLUTION Authorizing the Application for and Acceptance of $300,000 Worth of Grant Funding from the Dormitory Authority of the State of New York from Senator Brouk 11A2021-33 RESOLUTION Awarding Landscaping Services at Various Irondequoit Town Locations Town Clerk 11A2021-34 RESOLUTION Authorizing Surety, Form and Amount of Official Undertaking for the Faithful Performance of the Duties of the Town Clerk and Receiver of Taxes and Assessments NEXT WORKSHOP MEETING--TUESDAY, DECEMBER 14, 2021 @ 4:00 PM NEXT REGULAR TOWN BOARD MEETING--TUESDAY, DECEMBER 21, 2021 @ 7:00 PM Town of Irondequoit Financial Report Month Ending 10/31/21 EXPENSES Fund 001 General (includes cemetery) percent of amended budget 005 Library percent of amended budget 021 Highway # 1, Road Impvts. percent of amended budget 023 Highway # 3, Equipment Maint percent of amended budget 024 Highway # 4, ROW / Winter percent of amended budget 031 Consolidated San. Sewer Dist percent of amended budget 038 Stormwater Drainage Dist percent of amended budget 036 LaSalle Landing Sewer District percent of amended budget 039 Rock Beach San. Sewer Dist. percent of amended budget 040 Orland Road San. Sewer Dist percent of amended budget 051 Sea Breeze Water District percent of amended budget 071 - 098 Lighting Districts percent of amended budget TOTAL Original Amended Budget Budget 22,424,575 23,757,418 2,644,413 2,679,213 3,266,725 r 3,351,747 1,195,444 6 5qD dil 1,110,531 4,079,490 890,394 150 8,862 15,200 1,135, 294 146,450 1,195,918 -1 1,112,231 4,159,676 934,114 150 8,862 15,200 1,135,294 146,450 36,917,528 38,496,272 Cumulative, Year to Month End Expended Encumb'd 11,3atcl LP 16, 307,949 1,021,129 68 6% 2,043,354 76 3% M 2,911,448 86.9% 654,752 N 54.7% 'O' 727,583 65,4% 2,918,318 70.2% 456,215 48 8% 150 100 0% 556 6 3% 1,850 12 2% 796,196 70 1% 110,328 75 3% 26,928,696 4,3% 55,401 2.1% 307,938 9.2% 188,636 15.8% 94,673 8.5% 136,268 3 3% 60,631 6.5% 0 0.0% 0 0.0% 0 0 0% 0 0 0% 42,346 28 9% 1,907,022 .$.fi35,`lbA Percent of Amended Budget Spent Percent of Amended Budget Encumbered Total Percent Spent & Encumbered 70.0% 5.0% Percent Percent of of Budget Available Year Spent & Balance Elapsed Enc'brd 6,428,341 83.3% 72 9% 27.1% 580,459 21.7% . r, 132,361 j 3.9% rr 352,531 r7 29.5% 9{j 289,975 26.1% 1,105,089 26 6% 417,268 44.7% 0 0 0% 8,306 93 7% 13,350 87 8% 339,098 29.9% -6,224 -4 2% 9,660,555 83.3% 83.3% 83,3% 83.3% 83.3% 83.3% 83 3% 83:3% 83 3% 83.3% 83 3% 83 3% 78.3% 96.1% 22 70.5% r 8(0 ° 347c) 73.9% 73.4% 55.3% 100.0% 6.3% 12.2% 70 1% 104 2% 74.9% 74.9% Tax Levy Sensitive 30,641,838 32,096,677 22,645,234 1,667,777 7,783,666 83 3% 75 7% Total Spent + Encumbered 24,313,010 70.6% 5 2% 24 3% 75.7% REVENUES Fund 001 General: Real Estate Tax Payment In Lieu of Tax (001-1001) (001-1081) Sales Tax (001-1120) Mortgage Tax (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 Original Budget Amended Budget 11, 799, 864 11,799, 864 267,097 267,097 4,762,262 4,762,262 900,000 900,000 613,283 613,283 20,000 20,000 695,000 695,000 374,071 374,071 94,000 94,000 220,400 220,400 2,078,598 2,103,598 600,000 600,000 Cumulative Receipts Through This Month 11,799, 864 269,798 2,571,939 271,674 0 3,413 322,294 316,826 161,258 82,352 2,076,380 600,000 22,424,575 22,449,575 18,475,798 Balance to be Received 0 -2,701 2,190,323 628,326 613,283 16,587 372,706 57,246 -67,258 138,048 27,218 0 3,973,777 Percent of Real Estate Tax 65.1% Percent of Year Elapsed Percent of Revenue Received 100.0% 101.0% 54.0% 30.2% 0 0% 17 1% 46.4% 84 7% 171.6% 37.4% 98 7% 83-3% 82.3% 2021 Printed on 11/4/2021 Page 1 Town of Irondequoit Financial Report Month Ending 10/31/21 Fund Cumulative Percent Percent Percent Original Amended Receipts Balance of of of Budget Budget as of to be Real Estate Year Revenue This Month Received Tax Elapsed Received 005 Library Real Estate Tax 2,495,508 2,495,508 2,495,508 0 13.8% 100.0% Other Sources of Revenue 148,905 148,905 130,976 17,929 88 0% Appropriated Fund Balance 0 0 0 0 Total. Revenue & Fund Balance 2,644,413 2,644,413 2,626,484 17,929 83 3% 99.3% 021, 023, 024 Highway Funds Real Estate Tax 3,839,758 3,839,758 3,839,758 0 21.2% 100.0% All Other Sources 1,532,942 1,532,942 719,586 813,356 46.9% Appropriated Fund Balance 200,000 200,000 200,000 0 Total. Revenue & Fund Balance 5,572,700 5,572,700 4,759,344 813,356 83 3% 85.4% 031 Consolidated San Sewer District Sewer Service Charges 3,931,039 3,931,039 3,931,039 0 100.0% Other Sources of Revenue 98,451 98,451 89,716 8,735 91.1 % Appropriated Fund Balance 50,000 50.000 50.000 0 Total, Revenue & Fund Balance 4,079,490 4,079,490 4,070,755 8,735 83.3% 99.8% 038 Stormwater Drainage District District Service Charges 817,394 817,394 817,394 0 100 0% Other Sources of Revenue 23,000 23,000 215 22,785 0 9% Appropriated Fund Balance 50,000 50,000 50,000 0 Total Revenue & Fund Balance 890,394 890,394 867,609 22,785 83.3% 97 4% 036 LaSalle Landing Sewer District District Capital Charges 150 150 150 0 100 0% Other Sources of Revenue 0 0 -1 1 #DIV/0! Total Revenue 150 150 149 1 83 3% 99 4% 039 Rock Beach San. Sewer District District Capital Charges 8,857 8,857 8,857 0 100 0% Other Sources of Revenue 5 5 2 3 42.4% Total Revenue 8,862 8,862 8,859 3 83 3% 100 0% 040 Orland Road San Sewer District District Capital Charges 15,170 15,170 15,170 0 100.0% Other Sources of Revenue 30 30 6 _ 24 18 6% Total Revenue 15,200 15,200 15,176 24 83 3% 99 8% 051 Sea Breeze Water District District Real Estate Tax 10,000 10,000 10,000 0 100 0% Other Sources of Revenue 1,125,294 1,125,294 933,838 191,456 83,0% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 1,135,294 1,135,294 943,838 191,456 83 3% 83 1% 071 - 098 Lighting Districts District Real Estate Tax 146,450 146,450 146,450 0 100 0% Other Sources of Revenue 0 0 87 -87 Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 146,450 146,450 146,537 -87 83 3% 100 1% Summary of Revenues and Appropriated Fund Balances Real Estate Tax 18,135,130 18,135,130 18,135,130 0 100.0% 100 0% Special District Real Estate Tax 156,450 156,450 156,450 0 100 0% Sanitary Sewer Service Charges 3,955,216 3,955,216 3,955,216 0 100 0% Stormwater District Service Charges 817,394 817,394 817,394 0 100 0% Other Sources of Revenue 12,953,338 12,978,338 7,950,359 5,027,978 61 3% TOTAL 36,017,528 36,042,528 31,014,549 5,027,978 83 3% 86 0% Appropriated Fund Balance 900,000 900,000 900,000 0 100.0% Grand Total, Revenues and Appropriated Fund Balance 36,917,528 36,942,528 31,914,549 5,027,978 86 4% 2021 Printed on 11/4/2021 Page 2 Town Board Meeting Notes The 2021 financial results for the Town as October 31, 2021: total expenditures and encumbrances are $28,836k or 74.9% of budget lower than the 83.3% of the year that has elapsed. That variance is comprised of $26,929k of actual expenditures along with $1,907k of encumbrances. The encumbrances are reasonable at 5.0% of budget as departments are still —to a degree —committing to commodities, supplies, and services for this year. Expenses in the General Fund are 72.9% of budget $17,329k —below the percent of the year that has elapsed. The breakdown is: actual expenditures $16,308k and an additional $1,021k of encumbrances. The highway fund expenses of $4,885k exceed the percent of the year that has elapsed at 86.3%. Street resurfacing and paving are the primary contributor of this variance. Actual expenditures of $4,294k represent 75.8% of spending while encumbrances of $591k (10.4%) remain for fuel and asphalt in Highway 1; vehicle maintenance and equipment parts in Highway 3; and salt in Highway 4. The Library expenses are $2,099k —below budget at 78.3%. As indicated in prior reports this total includes Debt service for the Library Bond. The Sewer Fund has expended $3,055k-73.4% of budget. Stormwater Drainage expenses total $517k-55.3% of budget. As of October 31, the General Fund has recorded $18,476k of revenue equating to 82.3% of budget. The major General Fund revenues received to -date include: real estate tax —$11,800k (100%) 1 PILOT Revenue is all in at $270k (101%) Sales Tax of $2,572k represents 5 months of revenue— 54% of budget 30.2% of mortgage tax or $272k represents 3 months of activity In October, the Town received Franchise Cable TV revenue of $322k (46.4%). Recreation Program Fees is favorable to budget at 84.7% in the amount of $317k. Cemetery Revenues of $161k (171%) of budget have been recorded. NYS Aid & Incentives to Municipalities is expected in December. The total Town Summary after 10 months: Total revenue for the Town is $31,915k or 86.4% of budget. Real estate taxes total $18,135k across funds. The Library has received 99.3% of revenue —a sum of $2,626k. Highway has recorded $4,759k-85.4% of revenue; and Sewer has collected 99.8% of budget —a total of $ 4,070k; Storm Water Drainage has verified 97.4% of revenue at $867k. This concludes my financial report as of the end of October 2021 2 WORKSHOP MEETING OCTOBER 12, 2021 163 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 12th day of October 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, Director of Community Development Kerry Ivers, Communication Assistant Mike Moss, 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. HOPR MICROMOBILITY SERVICE AGREEMENT PRESENTATION: Isaac Hutton, representing HOPR regarding bike service in Irondequoit. He stated that the Rochester Genesee Regional Transportation Authority (RTS) obtained a grant to implement a bike-sharing program. RTS plans to have a total of 300 bikes, pedal and electric, in a number of Towns. This program has been around since 2011. Mr. Hutton explained that the bikes have locking devices. The rider simply unlocks the bike and goes. HOPR has good customer support and he feels it is good for the community to have a program like this. It is good for travelers and visitors or people who do not have cars. He noted that people 18 years old and older can use the bikes. Currently, the company is talking about setting up 4 stations with 35 bikes each. The rider can return the bike to any of the stations. The rider has the same liability as if the rider was on their own bike. The program is looking for a warehouse to store the bikes over the winter. Mr. Hutton noted that there have been several accidents around schools and they are working with the schools on these issues. REVIEW OF AGENDA ITEMS FOR OCTOBER 19, 2021 RTB MEETING: Acting Supervisor Perticone noted that there will be a pre-RTB meeting held from 6 to 7 PM. During this time, there will be four police officers sworn in, a Proclamation for an Eagle Scout will be presented to Luke Shalom, and there will be a presentation on the Town Hall Master Plan. Financial Report: Comptroller Diana Marsh reviewed the financial results for the Town as of September 30, 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 WORKSHOP MEETING OCTOBER 12, 2021 164 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. Approval of Minutes: Minutes from the following meetings to be approved: Tabled minutes from the August 10, 2021 Workshop Meeting; minutes from September 8, 2021 Workshop Meeting; and minutes from September 14, 2021 Regular Town Board Meeting. Appointments: There are seven (7) appointments to be voted on. The first appointee is Mary Werner to a permanent appointment of a Code Compliance Coordinator in the Community Development Department. Mary took and passed the Civil Service exam. Director of Community Development stated that she was happy to advance this resolution. Mary is a great worker and an asset to the Department. The second resolution appoints of Linda Marciano as a part-time Office Clerk VI in the Assessor’s Department. Assessor Amy Jorstad explained that she had a resignation in her Department and needed to fill it. The third, fourth, fifth and sixth resolutions authorize the appointments of four Irondequoit Police Officers to vacant positions for Sergeants in the Department. Chief of Police Alan Laird said he would provide the names of the Officers as soon as the interviews are completed. The seventh resolution authorizes the re- instatement of a Police Officer into the Irondequoit Police Department. Chief of Police Alan Laird explained that Joshua Greenfield-Tuttle worked in the Police Department for five years and left to join another agency. He wishes to come back to Irondequoit. He will have a two-week orientation. WORKSHOP MEETING OCTOBER 12, 2021 165 Community Development: Two (2) resolutions were reviewed by Director of Community Development Kerry Ivers. Both resolutions deal with the matter of issuing a Special Use Permit for 2180 E. Ridge Road in a C-Business District to operate a gasoline service station at that location. A Public Hearing was held on the matter and many neighbors addressed concerns they have with this project. The Planning Board is still reviewing the application. An updated Site Plan is being prepared, based on the feedback from residents. The gas pumps will be relocated closer to East Ridge Road and other mitigating measures will be taken to lessen noise at the site. The first resolution is pursuant to the State Environmental Quality Review Act Compliance in this matter and the second resolution would approve the Special Use Permit to operate a gasoline service station at this site. The Special Use Permit is only for the gasoline service station. Comptroller: Comptroller Diana Marsh reviewed four (4) resolutions. The first resolution would authorize a spending plan for the American Rescue Plan Act Funding. This Plan provides support to State, local and tribal governments in responding to the impact of COVID-19 and efforts to contain the virus. The Town of Irondequoit has been allocated approximately $22,45M., along with restrictions on how the funds are to be spent. Over 50 proposals on spending were received from the community and Town staff and given to the Consultant for review. Some suggestions were not approved as they did not fit the guidelines of the Plan. The proposals are still being reviewed. The second resolution calls for a Public Hearing concerning the 2022 Preliminary Budget. That Public Hearing is scheduled for November 4, 2021 at 7:35 PM in the Broderick Room of the Town Hall. The third resolution authorizes a funds transfer from the Oktoberfest Fund to the Special Events Fund. This is due to the cancellation of Oktoberfest in future years. The Oktoberfest Fund has a balance of $32,809.63. That money will be transferred to the Special Events Fund. The tent used for Oktoberfest was a big problem. The company the Town ordered from went out of business. People enjoy this event, but a lot goes into putting it on. This matter can be brought up again in the future. The fourth resolution implements GASB (Governmental Accounting Standards Board) #84. This Statement establishes standards of accounting and financial reporting for fiduciary activities and applies to all state and local governments. With the implementation of GASB 84, several fiduciary funds were identified that have had no activity in the past 10 years. Closure of these inactive accounts is recommended. There was continued conversation on the resolutions for the Special Use Permit for Byrne Dairy which only applies to the gas pumps proposed at 2180 East Ridge Road. Director of Community Development Kerry Ivers briefly reviewed the matter with the Town Board. Councilmember Wehner stated that this project is different from other gas station applications as the site is closer to single family homes. He added that the community came out very strongly on the issue of the gas pumps, along with noise, lighting and traffic problems. Many stated they do not mind the convenience store coming but definitely not the gas pumps. The Planning Board is continuing to review this application and Director Ivers will keep the Town Board members aware of how this application moves forward. The applicant, Christian Brunelle, stated that the Town Board set a precedent with the approval of another project which included gas pumps and 24/7 hours of operation. It was suggested that a trial of the project be held for a year or two and see if there are any problems. The Town Board can also add conditions to the Special Use Permit. Mr. Brunelle noted that numerous mitigation measures have been put in place to address lighting, traffic and noise issues. Acting Supervisor Perticone stated that more discussion can be had at the Board meeting. WORKSHOP MEETING OCTOBER 12, 2021 166 Human Resources: The resolution for this Department would approve the 2022 Holiday Schedule for all Town employees. The schedule is prepared with the labor unions to keep the holidays consistent from year to year. Councilmember Freeman commented that she would like to see Juneteenth added as a holiday ICAT: Communication Assistant Mike Moss explained the resolution coming before the Board regarding the Town’s multimedia playback system and related infrastructure for the ICAT program. East Irondequoit Central School District wishes to use the ICAT program to televise its proceedings and events. The Town is able and willing to allow the district to use ICAT and will receive payment for its share of the upfront and annual costs for equipment, installation, training, cloud-based hosting fees, technical support and closed captioning fees. Mr. Moss stated that West Irondequoit and Bishop Kearney High Schools have also expressed an interest in using our ICAT program. Police: Chief of Police Alan Laird reviewed three (3) resolutions. The first resolution authorizes entry into a Memorandum of Agreement with the Nightstick Club, P.B.A. The Town and the Nightstick Club are parties to a collective bargaining agreement for the period of January 1, 2020 through December 31, 2022. Both the Town and Union wish to recruit transfer officers for hire and to increase the candidate pool. They want to memorialize their agreement that officers hired after the date of such agreement and before the ending date of December 31, 2022 will qualify for medical insurance benefits in retirement. The second resolution authorizes attendance to the NYS Association of Chiefs of Police/NYS Sheriff’s Association 2021 Leadership Summit. Chief Laird is requesting to attend the 2021 Leadership Summit, to be held in Lake George, NY, beginning November 3, 2021 and ending November 4, 2021. The approximate cost will be $365. This is a funded expense in the Police 2021 budget. The third resolution authorizes attendance to Safariland’s Monadnock Expandable Baton Instructor Course for Inv. Bradley Lape and Officer Dean Kay. The course will be held in Mechanicsburg, PA beginning November 10, 2021 and ending November 11, 2021. The approximate cost will be $1,292 and funding is available in the 2021 Police budget. Director of Community Development Kerry Ivers gave each Board Member a site plan of the property at 2180 E. Ridge Road. The owner, Chris Brunelle reviewed the plan with the Board. He explained that there will be buffers added to the site to limit noise and noted that a noise study was completed. Public Works: Commissioner of Public Works Robert Kiley reviewed fifteen (15) resolutions. The first resolution would authorize the Acting Supervisor to enter into a Commencement Date Agreement with Skyview Phase I LLC now that the Irondequoit Community Center is opening. This Agreement is required by the landlord of Skyview. The second resolution authorizes the Capital Improvement Program for the Town for 2022 through 2027. Commissioner of Public Works Robert Kiley reviewed the Program with the Board Members. He explained that the CIP is a plan and subject to change. Financing for each project requires authorization by the Town Board in separate resolutions through either borrowing, appropriations in the annual operating budget, grant funding or other sources. The third resolution authorizes the Supervisor to execute a Quit Claim Deed for the abandonment of Massasoug Drive. The Town has not maintained or developed this roadway for nearly seventy years. The former owner of 191 Shore Drive installed a driveway on the east side of Massasoug Drive and the Town desires to execute a Quitclaim Deed with the current owners of 191 Shore Drive, Thomas and Suzanne Scheg, regarding this WORKSHOP MEETING OCTOBER 12, 2021 167 abandonment. This will disclaim the Town’s interest in Massasoug Drive. This action will have no permanent impact on the environment and no further environmental review is required. The fourth and fifth resolutions are pursuant to the State Environmental Quality Review Act to accept the dedication of land for highway purposes. I-Square, LLC has offered to dedicate to the Town a certain parcel of land, which is approximately 356.14 feet/.067 miles long asphalt surface road, beginning at Titus Avenue and ending at Stranahan Park with a 60 foot-wide Right of Way. The Town wishes to accept the dedication of the Land for highway purposes. This is an Unlisted action under SEQR. It was determined that the proposed action will not result in any significant adverse environmental impacts. The Town assumes lead agency status for an uncoordinated review of the dedication and laying out of the Lane. The sixth resolution authorizes the signing of an agreement for mapping software for the Cemetery and authorizes the budget transfer for same. Deputy Commissioner Erin Magee explained that the Irondequoit Cemetery currently consists of nine ((9) acres of land and three (3) columbaria. The Agreement the Department wishes to have signed is with Vast Data Concepts, LLC dba webCemeteries. to perform inventory mapping of plots and columbaria at the Cemetery. This mapping will enable staff and residents the ability to locate plots within the Cemetery and to choose a plot while reviewing the surrounding area. The Agreement would begin from the date of the Order Form for three consecutive years with automatic annual renewals for a period of one year within the three years. Any party may cancel the Agreement at the end of an annual term with not less than ninety days written notice. The seventh resolution authorizes the purchase of a ride on leaf blower to be used at the Cemetery which will increase efficiency by reducing the amount of time and labor needed to remove leaves. Deputy Commissioner of Public Works Erin Magee stated that three written quotes were obtained, and the lowest quote was received from Admar Construction Equipment & Supplies in the amount of $10,869. Funding is available in the 2021 Public Works budget. The eighth resolution authorizes entry into an Intermunicipal Agreement with the County of Monroe for shared recreation programs and park services. The Town would be compensated for the Town cost of the actual labor, materials and equip0ment and vice versa. The Monroe County Legislature has authorized the County’s entry into the Agreement. The term of the Agreement is for a period of five years, beginning September 1, 2021 and expiring on September 1, 2026, with an option to renew for up to three additional one-year terms, provided that any party may terminate the Agreement upon a thirty-day written notice. The ninth resolution accepts the recommendations for the Town Hall Master Plan. Commissioner of Public Works Robert Kiley explained that the Town Hall Campus changed following the December 2016 fire that destroyed the Public Works garage and many vehicles. A new facility was constructed at a different location and the storage facility, salt barn and topsoil barn were relocated. The Town contracted with EDR to develop a plan to re-envision the Town Hall Campus. Commissioner Kiley stated that various community meetings were held with EDR and other groups to determine the best plan for the re-development. That plan was presented to the Town Board and this resolution would accept those recommendations for the Town Hall Master Plan. The tenth resolution would authorize an agreement for elevator service at the new Irondequoit Community Center. The Town currently uses Bison Elevator Service, Inc. to service the elevators at the Town Hall and Public Library. The new Community Center has had an elevator installed which will require routine preventative maintenance. The Town would like to add the Community Center location onto the other locations being serviced by Bison Elevator Service, Inc. Commissioner Kiley obtained three or more quotes for the work and the lowest responsible quote came from Bison Elevator Service in the amount of $156 per month. The eleventh resolution accepts NYS touring dollars and makes the appropriate budget amendment. Commissioner Kiley explained that NYS provides enhanced assistance to cities, towns and villages that have capital maintenance responsibility for State or interstate signed touring routes. WORKSHOP MEETING OCTOBER 12, 2021 168 Irondequoit has been given funds in the amount of $433,986.40 and the Town wishes to accept this funding from NYS. The funding is to be used on Town roads by providing surface treatment that has at least 10 years of useful life service. The twelfth resolution accepts funding from the Department of State for the installation of a fire alarm system at Camp Eastman. The amount of funding is a maximum of $50,000. The thirteenth resolution authorizes 2021 tax levies resulting from right-of-way Town Code violations. Deputy Commissioner Magee explained that letters were sent to owners regarding violations within the rights-of-way and, if the owners failed to correct said violation, the Town would perform the work and be reimbursed by assessing and levying the expenses for such work against the property. The violations total $400.25. The cut- off date to pay for said violations is October 19, 2021. The fourteenth and fifteenth resolutions will begin the bond process for work to be done in the Town. The first bond resolution authorizes the reconstruction of existing sidewalks throughout the Town, stating the maximum estimated cost of $250,000 and authorizing the issuance of up to $250,000 in serial bonds of the Town to finance said appropriation. The second bond resolution authorizes the reconstruction and stabilization of Seneca Road and Edgewater Drive, stating the maximum estimated cost is $600,000 and authorizes the issuance of up to $600,000 to finance said appropriation. Recreation: Director of Recreation Katrina Hall reviewed one (1) resolution authorizing the 2022 Special Events Calendar. She noted that this calendar is subject to change. Supervisor: There are three (3) resolutions to review. The first resolution is pursuant to the State Environmental Quality Review Act with respect to entering into a Micromobility Service Agreement. The Town wishes to enter into said Agreement with HOPR to participate in a bike- sharing program. HOPR and the Rochester Genesee Regional Transportation Authority will have a total of 300 bikes (pedal and electric) in various Towns within other area. Participation in the Program is considered an Unlisted action pursuant to SEQR. It was determined that the proposed action will not result in any significant adverse environmental impacts and the Town Board would assume lead agency status for an uncoordinated review of participating in the Program and entering into said Agreement. The second resolution authorizes entry into the Micromobility Service Agreement. The Service Agreement is for three years with 2 3-year extensions. This Program will reduce the number of vehicles on the road. The third resolution authorizes the execution of Landlord/Owner waiver concerning the Agreement with Greenlight Networks LLC. The Town previously approved an Agreement with Greenlight Networks to license space in facilities in exchange for free internet service to Town facilities during the term of the Agreement. A Negative Declaration for the Agreement was adopted pursuant to SEQR. The equipment has been installed by Greenlight and the lender, Five Star Bank, is asking the Town to execute a Landlord/Owner Waiver granting the lender the right to take an interest in the equipment as collateral for the purpose of extending credit to Greenlight and granting the lender the right to enter and retrieve such equipment should Greenlight default on its payments. ITEMS FOR BOARD ACTION: 10WS2021-1 RESOLUTION Authorizing the Appointment of Three Part-Time Employees for the Irondequoit Community Center On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Kyle Schneider, Mary Brett and David Edborg as part-time Recreation Assistants at $15 per hour. WORKSHOP MEETING OCTOBER 12, 2021 169 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution No. 2021-234 10WS2021-2 RESOLUTION Authorizing the Appointment of a Part-Time Cleaner On a motion made by Councilmember Wehner, seconded by Councilmember Freeman, a resolution was adopted authorizing the appointment of Jack Fallon as a part-time Cleaner at a rate of $15 per hour. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution No. 2021-235 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Workshop Meeting was adjourned at 6:45 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 170 Pre-Regular Town Board Meeting: 6:00-7:00 PM--SWEARING IN CEREMONY FOR POLICE OFFICERS: Gregory Kehrer, Michael Cali, Tyler Freedman and Heidi Zimmer. Chief of Police Alan Laird came to the podium. He noted that 1 of the Officers is a transfer, coming to the Department with much experience. The other 3 Officers started their careers back in December. Each one of these officers has done an exceptional job in the academy and in field training. PROCLAMATION TO EAGLE SCOUT: Deputy Commissioner of Public Works Erin Magee explained that a few months ago, she met Luke Shalom and, together, they worked out a wonderful Eagle Scout project down at Camp Eastman. Luke created new trails, put down wood chips on the trails, painted signs, built fences and much more. His friends and family helped, and they did a great amount of work. To show the Town’s gratitude, a Proclamation was presented to Luke. Acting Supervisor Perticone read the Proclamation. Luke thanked the Town and Erin Magee for letting him complete this project. He said it was a lot of fun and he liked helping his community out. PRESENTATION OF TOWN HALL MASTER PLAN: Jane Nicholson, Consultant from EDR, gave a review of the Town Hall Master Plan project. She stated that this project was initially started in May of 2021. The Town retained EDR to assess the existing site conditions and design a comprehensive Campus Master Plan. The public participation process began with community input to be sure that the project outcomes reflected the community vision. An Advisory Committee was formed with 11 members, included people from local and regional organizations, business owners, members of Town boards, staff and interested residents. Focus groups were formed addressing various issues of the project and public meetings were held. The first public meeting was held in Juna 2021 to introduce the project to the residents. The second public meeting was held in September of 2021 to present two design alternatives and vote in person or online for the one they would like to see advance. The anticipated timeline is to have the preferred design and final Master Plan Report accepted by the Town Board in October of 2021; the Town will solicit A&E firm in November or December of 2021 for design and construction documents and begin the SEQR process to evaluate the proposed construction project for any environmentally sensitive areas; construction bid documents and contractor selection will take place in March or April of next year; and construction will commence in June of 2022. 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 19th day of October 2021 at 7:00 P.M., local time, there were: PRESENT: Town Board Member John 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 and fellow Officers, Comptroller Diana Marsh, Director of Recreation Katrina Hall, Director of Community Development Kerry Ivers, Commissioner of Public Works Robert Kiley, Deputy Commissioner of Public Works Erin Magee, Recreation Management Assistant Megan Hoffman, Director of Administration Maria Vecchio, Director of IT Kevin LaBarr, 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 Early Voting in Irondequoit at the Irondequoit Public Library from October 23, 2021 through October 31, 2021. He asked residents who do not know where they vote to contact the Board of Elections or go to their website. He reminded residents that Tuesday, November 2nd is the General Election vote. The polls will be open from 6 AM to 9PM. *The Public Works Department is holding an Open House on October 23rd from 11 AM to 2 PM at their facility at 2629 East Ridge Road. PUBLIC INPUT: REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 171 Erin Quinten, 63 Mt. Airy Drive, stated that the Town Board members and residents have a good relationship, taking each other’s best interest to heart. They are a team, working together. Ms. Quinten urged this partnership to continue. She addressed the improvements made to the Town over the past ten years—the construction of I-Square, the new Public Library, the new Irondequoit Community Center and the proposed new Town Hall Campus. She stated that the Town Board listened to its constituents, working together to improve Irondequoit. She is concerned that the members of the Town Board and of the Planning Board may be regressing, especially when it comes to Mike Nolan from I-Square. Ms. Quinten noted that Mr. Nolan posts charity events on his sign board, lends equipment, publishes Town happenings and does things to bring people together. Mr. Nolan’s vision has been good for Irondequoit and Mr. Nolan is a true friend of Irondequoit. Jim Tappen, 197 Deerfield Drive, has been in Irondequoit for almost 50 years. He urged the Town to move forward on climate actions. He is part of a group called Color Irondequoit Green. There are several organizations that help Towns achieve success in climate solutions. He offered his group to help Irondequoit in this area. Andrea Porter, 2674 St. Paul Boulevard, a member of Color Irondequoit Green. She noted all the great things happening in the Town—the new Community Center, I-Square and the proposed reimaging of the Town Hall campus. She urged the Town to include the experts while moving forward with the vision for a better Irondequoit. Alex Wirth, 7 Ontario View Street and a former Conservation Board member, said he recognizes all the hard work done by the Town Board members. He wants to make sure that the money given to the Town from the American Rescue Funds is spent wisely.and the public is engaged in the process. He wants to make sure that environmental and social issues are being addressed. Irene Doctor, 11 Salem Road, addressed the Board regarding Byrne Dairy’s application to have convenience store and gas station at 2180 E. Ridge Road. She stated that after the Planning Board meeting in July, the Planning Board recommended not to go forward based on two things-- location of residential neighborhood and curb cut into neighborhood street. At the last Planning Board meeting, Byrne Dairy was asked to come back to the Town with more information regarding the curb cut and why it was needed. She noted that there is nothing they need at that corner that has 24/7 hours of operation. She knows that there are traffic issues as well. She suggested changing the zoning so that no business can operate there for 24/7 hours and no curb cut will be put onto the neighboring street. Sandy Oren, 20 Salem Road, addressed the Board regarding Byrne Dairy. She stated that she did not know about Color Irondequoit Green and would have contacted Jim Tappen earlier. She stated that there are 14 gas stations within a 2-mile radius. She added that everything is going green and should there be another gas station at that location. She feels the project will attract crowds in that neighborhood. She also believes Byrne Dairy knew there was only one entrance and one exist onto Ridge Road when they purchased the property. She feels the Dairy needs to figure out where to put another exist onto Ridge Road, not Ridgewood Drive. Patty Burke, 122 Worthington Road, asked the Board if the hours of operation have been decided yet. She also asked how the gas will get to the tanks on that site. Laura, 125 Worthington Road, noted that she has attended and spoken at previous meetings on Byrne Dairy’s application. She has concerns about gas pumps and pollution from this project. She presented data on different types of pollution—light pollution, noise pollution, water and soil pollution, and air pollution. She cited the health risks of exposure to toxins coming from this project and asked the Board to consider the neighbors opposition to the gas station. Lauren Sharp, 39 Ridgewood Drive, spoke in opposition to Byrne Dairy putting a gas station in her neighborhood. She said that pollution would be brought into the neighborhood and put her family’s health in danger. Financial Report: Comptroller Diana Marsh reviewed the financial results for the Town as of September 30, 2021. Total expenses and encumbrances are 67.9% of budget or $26,149,389, which is lower than the 75% of the year that has elapsed. Actual expenses are $23,354,888 or 60.7% of budget; encumbered expenses total $2,794,501 or 7.3% of budget. Encumbrances are typically 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 Expenses are at 67.4% of budget or $16,008,075. Actual expenditures are $14,635,695 or 61.6% of budget and encumbrances are $1,372,380 or 5.8% of budget. Expenses in the Highway Funds are $4,132,000 or 73% of budget, which is lower than the 75% of the year that has elapsed. Actual expenditures are $3,066,000 (54.1% of budget) and encumbrances total $1,066, 000 or 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. Expenses in the Library are below budget at $1,818,000 or 67.9%. The Sewer Fund expenses are 68.4% of budget, equating to $2,845,000. Actual expenditures are $2,674,000 (64.3% of budget) and encumbrances are $171,000, 4.1% of budget. Expenses in Stormwater Drainage total $476,000 (50.9%) of budget. REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 172 The General Fund Revenue received is $17,982,000 or 80.1% of budget. The Town received $11,799,864 in real estate tax--100% of budget. PILOT (Payment in Lieu of Tax) revenue has been received at 101% or $269,798. The Town has recorded 5 months of Sales Tax revenue in the amount of $2,571,939 (54% of budget). The 1st quarter Mortgage Tax of $271,674 has been received and that revenue is at 30.2%. 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: $30,949,000 or 83.8% 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 $2,604,761 or 98.5% of its budgeted revenue. The Consolidated Highway has received 83.4% or $4,646,149 of its budgeted revenue. 99.7% or $4,068,228 of the Consolidated Sanitary Sewer District revenue has been received. Stormwater Drainage recorded 97.4% or $867,597 of its budgeted revenue. Comptroller Diana Marsh then reviewed the third quarter year-to-date summary and comparison to the prior 6 years. She noted that the 2017 percentages include fire-related activity. Regarding expenditures by Fund, the overall 67.9% of total budget spent and encumbered is similar to prior years. The 2021 General Fund revenue reflects 80.1% of budget received to date which is 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 from September to December. The 2020 revenue was reduced as a result of the COVID-19 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 lags behind prior years as a result of the timing of equipment sales. In addition to the operating revenue noted 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 Romeo, seconded by Councilmember Wehner, the Financial Report was accepted. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED APPROVAL OF MINUTES: On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the minutes from the August 10, 2021 Workshop Meeting, Tabled from the September 14th Regular Town Board Meeting, were taken up for approval. Councilmember Freeman moved to amend the August 10th minutes, stating that the amendments were given to the Board members in advance of this meeting. She then read the proposed amendments into the record as follows: Amendment 1: After Question 1, the following statement said by Councilwoman Romeo needs to be added to said minutes as follows: Residents have submitted FOIL requests to I-CARE to get this information and was told they couldn’t. Amendment 2: Immediately after Councilwoman Romeo asked for the second of two questions, the following reply from Councilwoman Patrina Freeman needs to be recorded in the minutes as follows: These two questions presented today about the I-CARE Commission were both asked by Mrs. Romeo and answered by me during a presentation on I-CARE, one in which she pressed then Supervisor Dave Seeley for), held at the Town Board Workshop meeting dated Tuesday, August 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 statement. The minutes should reflect that fact. Therefore, two actions will be needed to be taken to carry out this amendment. They are as follows: 1) What was previously listed as question 3 needs to be removed in its entirety; 2) And it immediately following that statement in Amendment 2, Mrs. Romeo’s actually use of the words recorded in said question needs to be added as follows: Don’t the taxpayers of Irondequoit deserve to know what they are paying for with I-CARE? Councilman Wehner asked if these amendments were to be added to the present meeting minutes and Councilmember Freeman stated that they were to be added to the August 10th Workshop minutes. There was no second motion made; the motion did not pass. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the August 10, 2021 minutes, as they are written, are approved. REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 173 UPON VOTING Town Board Member Wehner voting Aye Town Board Member Romeo voting Aye Town Board Member Freeman voting Nay Town Board Member Perticone voting Aye On a motion made by Councilmember Wehner, seconded by Councilmember Freeman, the minutes from the September 8, 2021 Work Meeting were approved. On a motion made by Councilmember Freeman to amend the above minutes from September 8, 2021 by adding that the salary for the Deputy Supervisor to receive for those periods of time when the office of the Supervisor is vacant and the Deputy Supervisor assumes the powers and duties of the Supervisor for such period of vacancy shall be made retroactive. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the minutes from the September 8, 2021 Workshop Meeting, as amended, were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, the minutes from the September 14, 2021 Regular Town Board Meeting were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED ITEMS FOR BOARD ACTION: 10A2021-1 RESOLUTION AUTHORIZING THE PERMANENT APPOINTMENT OF A CODE COMPLIANCE COORDINATOR IN THE COMMUNITY DEVELOPMENT DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Mary Werner to the position of Code Compliance Coordinator. Director of Community Development Kerry Ivers explained that Ms. Werner has taken and passed the Civil Service exam and can now be appointed permanently to the Code Compliance Coordinator position. Director Ivers is very happy to move this resolution forward. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-236 10A2021-2 RESOLUTION AUTHORIZING THE APPOINTMENT OF A PART-TIME OFFICE CLERK IV TO THE ASSESSOR’S DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, a resolution was adopted approving the appointment of Linda Marciano as a part-time Office Clerk IV in the Assessor’s Department. Assessor Amy Jorstad explained that interviews were conducted, and the Assessor is recommending Linda Marciano to fill this vacancy. Ms. Marciano has a great deal of customer service experience needed for this position. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-237 10A2021-3 RESOLUTION AUTHORIZING THE APPOINTMENT OF AN IRONDEQUOIT POLICE OFFICER TO A SERGEANT IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the promotion of Investigator Andrew Wigton to Police Sergeant in the Irondequoit Police Department. REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 174 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-238 10A2021-4 RESOLUTION AUTHORIZING THE APPOINTMENT OF A SECOND IRONDEQUOIT POLICE OFFICER TO A SERGEANT IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the promotion of Kylee Nichols to Police Sergeant in the Irondequoit Police Department. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-239 10A2021-5 RESOLUTION AUTHORIZING THE APPOINTMENT OF A THIRD IRONDEQUOIT POLICE OFFICER TO A SERGEANT IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the promotion of Dominic Pronti to Police Sergeant in the Irondequoit Police Department. UPON VOTING Town Board Member Wehner voting Aye Town Board Member Romeo voting Aye Town Board Member Freeman voting Aye Town Board Member Perticone voting Abstain Resolution Number 2021-240 10A2021-6 RESOLUTION AUTHORIZING THE APPOINTMENT OF A FOURTH IRONDEQUOIT POLICE OFFICER TO A SERGEANT IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the promotion of Joseph Coon to Police Sergeant in the Irondequoit Police Department. Acting Supervisor Perticone congratulated all the officers on their promotions and their hard work. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-241 10A2021-7 RESOLUTION AUTHORIZING THE REINSTATEMENT OF A POLICE OFFICER INTO THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, a resolution was adopted approving the reinstatement of Joshua Greenfield-Tuttle as a Police Officer in the Irondequoit Police Department. Chief of Police Alan Laird explained that Officer Greenfield was an officer in the Irondequoit Police Department until November of 2020 when he transferred to another agency. Officer Greenfield has reached out to the Department to come back to the Irondequoit Police Department. Officer Greenfield is a certified Police Officer and he was interviewed by the Command Staff who recommended he be brought back to the Department. . UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-242 10A2021-8 RESOLUTION AUTHORIZING THE APPOINTMENT OF THREE PART- TIME EMPLOYEES FOR THE IRONDEQUOIT COMMUNITY CENTER REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 175 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Isabelle Houck, Isabell Felle and Emma Harris as part-time Recreation Assistants for the Irondequoit Community Center. Director of Recreation Katrina Hall explained that these individuals are being appointed particularly for the Tot Program and working with young children while their parents use the new facility. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-243 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 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the adoption of a Negative Declaration for the Special Use Permit and determining that no Environmental Impact Statement is required. Director of Community Development Kerry Ivers explained that this is an UNLISTED Action pursuant to SEQR. This project is consistent with development along this corridor. The site was formerly used as a library, with a building and parking. From 2016 to 2020, the site was used by the Department of Public Works following the fire that destroyed the building the DPW utilized. She noted that the gas pumps will be placed closer to the main road, away from the residences. The proposed use of this site is consistent with the Town’s Master Plan and zoning. There are no adverse environmental impacts for this project, and she is recommending a Negative Declaration pursuant to SEQR. Director Ivers stated that the application is still under for review in the Planning Board. Commissioner of Public Works Robert Kiley added that there will be a weight restriction on the side street to limit truck and trailer traffic. This resolution is strictly to adopt the Negative Declaration for the issuance of the Special Use Permit. UPON VOTING Town Board Member Wehner voting Aye Town Board Member Romeo voting Nay Town Board Member Romeo voting Aye Town Board Member Perticone voting Abstain Resolution Number 2021-244 10A2021-10 RESOLUTION APPROVING A SPECIAL USE PERMIT FOR 2180 E. RIDGE ROAD IN A C-BUSINESS DISTRICT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the Special Use Permit for the operation of a gasoline service station at 2180 E. Ridge Road in a C-Business District. Director of Community Development Kerry Ivers stated that the only portion of the application subject to a Special Use Permit are the gasoline pumps pursuant to Town Code. Councilmember Wehner urged the residents to continue their dialogue with the Planning Board on this issue. UPON VOTING Town Board Member Wehner voting Aye Town Board Member Freeman voting Aye Town Board Member Romeo voting Nay Town Board Member Perticone voting Aye Resolution Number 2021-245 10A2021-11 RESOLUTION AUTHORIZING A SPENDING PLAN FOR AMERICAN RESCUE PLAN ACT FUNDING On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the plan for American Rescue Plan Act funding. Comptroller Diana Marsh explained that this resolution would authorize a spending plan for a portion of the funds received from the American Rescue Plan Act earlier this year. The plan is REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 176 being voted on for all pieces and not separately for each piece. Councilmember Freeman commented that the process has not been shared with the residents for their input. She urged the Board members to reconsider passing this resolution. Acting Supervisor Perticone stated that this is a small percentage of the funds received by the Town and feels the projects funded are good for the Town and they have all been approved by The Bonadio Group, consultants to the Town. He suggested we can have more public input moving forward. Councilmember Wehner stated that there is a timeline given to the Town to spend this money and there can be more input on spending the remainder of the funds. He feels it is important to start the work to be done with these funds sooner than later and there is ample time to study the spending of the remaining funds. Acting Supervisor Perticone stated that he will be on the Board for two more years and he will fully support the funding from this resolution. UPON VOTING Town Board Member Wehner voting Aye Town Board Member Romeo voting Aye Town Board Member Freeman voting Nay Town Board Member Perticone voting Aye Resolution Number 2021-246 10A2021-12 RESOLUTION CALLING OF A PUBLIC HEARING CONCERNING THE 2022 PRELIMINARY BUDGET On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted scheduling a public hearing on the 2022 Preliminary Budget on November 4, 2021 at 7:35 PM at the Irondequoit Town Hall, Broderick Room. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-247 10A2021-13 RESOLUTION AUTHORIZING FUNDS TRANSFER On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the transfer of funds from the Oktoberfest Fund to the Special Events Fund. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-248 10A2021-14 RESOLUTION IMPLEMENTING GASB 84 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the closure of the inactive accounts and funds to be transferred to General Fund balance and that $155,000 of the transferred fund balance be appropriated for the purchase of police vehicles and parks equipment. 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 2021-249 10A2021-15 RESOLUTION APPROVING THE 2022 HOLIDAY SCHEDULE FOR ALL TOWN OF IRONDEQUOIT EMPLOYEES On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the 2022 Holiday Schedule. Councilmember Freeman suggested adding Juneteenth to next year’s holiday schedule. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED. Resolution Number 2021-250 REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 177 10A2021-16 RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT FOR CABLE ACCESS TELEVISION WITH EAST IRONDEQUOIT CENTRAL SCHOOL DISTRICT On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor or Acting Supervisor to enter into an Intermunicipal Agreement with East Irondequoit School District. Communication Aide Mike Moss initiated an Agreement with East Irondequoit School District to use the Town’s ICAT Program to televise proceedings and events. The School District will 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. Attorney Dean stated that this is the first of several agreements seeking to use the Town’s ICAT Program. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED. Resolution Number 2021-251 10A2021-17 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE TOWN AND NIGHTSTiCK CLUB PBA On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor or Acting Supervisor and the Chief of Police to execute the Memorandum of Agreement. Chief of Police Alan Laird explained that this resolution will amend the current Collective Bargaining with regard to health care for transfer officers. Transfer officers who complete 10 years of service with the Town, in addition to 20 years of service in the NYS Police and Fire Retirement System. Once they retire, they will be eligible for retirement benefits through the Town of Irondequoit. Chief Laird noted that there has been one (1) transfer officer since the last Collective Bargaining Agreement and that officer will be grandfathered in. This is being done in an attempt to recruit more transfer officers to fill department vacancies. The Town is not obligated to offer this for other units; this will simply assist the Town in increasing the candidate pool and to recruit transfer officers in the Police Department. UPON VOTING Town Board Member Wehner voting Aye Town Board Member Romeo voting Aye Town Board Member Freeman voting Nay Town Board Member Perticone voting Aye Resolution Number 2021-252 10A2021-18 RESOLUTION AUTHORIZING ATTENDANCE TO THE NYS ASSOCIATION OF CHIEFS OF POLICE/NYS SHERIFF’S ASSOCIATION 2021 LEADERSHIP SUMMIT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing Chief Alan Laird to attend the 2021 Leadership Summit toa be held in Lake George, NY, beginning November 3, 2021 and ending November 4, 2021. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-253 10A2021-19 RESOLUTION AUTHORIZING ATTENDANCE TO SAFARILAND’S MONADNOCK EXPANDABLE BATON INSTRUCTOR COURSE. On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing Investigator Bradley Lape and Officer Dean Kay’s attendance at the Monadnock Expandable Baton Instructor Course to be held in Mechanicsburg, PA, beginning November 10, 2021 and ending November 11, 2021. REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 178 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-254 10A2021-20 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A COMMENCEMENT DATE AGREEMENT WITH SKYVIEW PHASE 1 LLC On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor or Acting Supervisor to enter into a Commencement Date Agreement with Skyview Phase 1 LLC in regard to the opening of the Irondequoit Community Center. Pursuant to the Lease Agreement to utilize space located at the former Irondequoit Mall for the purpose of constructing a Community Center, the Town is required to enter into a Commencement Date Agreement as it intends to open the doors of the Irondequoit Community Center on or about October 4, 2021. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-255 10A2021-21 RESOLUTION AUTHORIZING THE CAPITAL IMPROVEMENT PROGRAM FOR THE TOWN OF IRONDEQUOIT FOR 2022 THROUGH 2027 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor or Acting Supervisor and the Chief of Police to execute the Memorandum of Agreement. Commissioner of Public Works Robert Kiley explained that this resolution would adopt the 5- year plan. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-256 10A2021-22 RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE A QUIT CLAIM DEED FOR THE ABANDONMENT OF MASSASOUG DRIVE On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor or Acting Supervisor to execute a Quitclaim Deed to disclaim its interest (if any) in Massasoug Drive with Thomas J. Scheg and Suzanne Scheg, Commissioner of Public Works Robert Kiley explained that the Town abandoned Massasoug Drive in 2013 and has not maintained or developed it for nearly 70 years. A portion of Massasoug Drive lies on the property of 191 Shore Drive, which mailing address belongs to Thomas and Suzanne Scheg. The Town wishes to execute a Quitclaim Deed with Mr. and Mrs. Scheg in regard to the abandonment of any Town interest in Massasoug Drive. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-257 10A2021-23 RESOLUTION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT WITH RESPECT TO ACCEPTING THE DEDICATION OF LAND FOR HIGHWAY PURPOSES On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Town Board to assume lead agency status for an uncoordinated review of the dedication and laying out of the Land, adopting the Negative Declaration for the dedication and laying out of the Lane, and determining that no Environmental Impact Statement is required. Commissioner of Public Works Robert Kiley explained that I-Square, LLC has offered to dedicate a certain parcel of land from I-Square, LLC to the Town for highway purposes. The parcel of land is an approximately 356.14’/.067 miles long asphalt surface road beginning at Titus Avenue REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 179 and ending at Stranahan Park with a 60’ wide Right of Way. This is an Unlisted action under SEQR. The Town Board has received and reviewed the short Environmental Assessment Form, dated September 30, 2021, and found that the proposed action will not result in any significant adverse environmental impacts. A Negative Declaration for the dedication and laying out of the Lane is adopted and it is determined that no Environmental Impact Statement is required. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-258 10A2021-24 RESOLUTION ACCEPTING THE DEDICATION OF LAND FOR HIGHWAY PURPOSES On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted formally accepting the dedication of land from I-Square, LLC for use as a Town highway. Commissioner of Public Works Robert Kiley explained that I-Square, LLC has offered to dedicate a certain parcel of land from I-Square, LLC to the Town for highway purposes. This is an Unlisted action under SEQR. The Town Board has received and reviewed the short Environmental Assessment Form, dated September 30, 2021, and found that the proposed action will not result in any significant adverse environmental impacts. A Negative Declaration for the dedication and laying out of the Lane is adopted and it is determined that no Environmental Impact Statement is required. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-259 10A2021-25 RESOLUTION AUTHORIZING THE SUPERVISOR TO SIGN AN AGREEMENT FOR MAPPING SOFTWARE FOR THE CEMETERY AND AUTHORIZING BUDGET TRANSFER On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter into an agreement with Vast Data Concepts, LLC d/b/a webCemeteries and authorizing a budget transfer of $4,200 from Revenue Account Expense Account (computer software). Deputy Commissioner of Public Works Erin Magee explained that this resolution would enhance the software currently being used at the Cemetery and increasing the mapping capability for the Cemetery staff and general public. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-260 10A2021-26 RESOLUTION AUTHORIZING THE PURCHASE OF A RIDE ON LEAF BLOWER AND THE BUDGET TRANSFER On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the purchase of a Ride On Leaf Blower in the amount of $10,869 from Admar Construction Equipment & Supplies and authorizing a budget transfer of $10,869 from Revenue Account to Expense Account (equipment). Deputy Commissioner of Public Works Erin Magee explained that the Department of Public Works wishes 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. Three written quotes were submitted, and the lowest quote was received from Admar Construction Equipment & Supplies in the amount of $10,869.00. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-261 10A2021-27 RESOLUTION AUTHORIZING ENTRY INTO AN INTERMUNICIPAL AGREEMENT WITH THE COUNTY OF MONROE REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 180 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor or Acting Supervisor to enter into an Intermunicipal Agreement with the County of Monroe for shared recreation programs and park service. Commissioner of Public Works Robert Kiley explained that the Town would 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 with Town parks. The Town would be compensated for the Town cost of the Town’s actual labor, materials and equipment and vice versa. The Monroe County Legislature has authorized the County’s entry into the Agreement and the Agreement shall be valid for five years, beginning September 1, 2021 and expiring on September 1, 2026, with the option to renew for up to three additional one-year terms. This Agreement may be terminated upon thirty-days’ written notice. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-262 10A2021-28 RESOLUTION ACCEPTING THE RECOMMENDATIONS FOR THE TOWN HALL MASTER PLAN On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, a resolution was adopted accepting the recommendations for the Town Hall Master Plan. Commissioner of Public Works Robert Kiley explained that information was taken from residents on what they would like to see on the Town Hall Campus. Several meetings were held with EDR and other groups to determine the best plan for the re-development. Commissioner Kiley noted that this is a great starting point for a good project. The project will re-develop 7 acres of land that are underutilized. Commissioner Kiley noted that this project could be completed by the Fall of 2022. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-263 10A2021-29 RESOLUTION AUTHORIZING AN AGREEMENT FOR ELEVATOR SERVICE On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing 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 at a price of $156 per month. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-264 10A2021-30 RESOLUTION ACCEPTING NEW YORK STATE TOURING DOLLARS AND THE APPROPRIATE BUDGET AMENDMENT On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, a resolution was adopted accepting the NYS Touring Route Funding and appropriate budget amendments to the Highway 1 Revenue Account. Commissioner of Public Works Robert Kiley explained that the NYS fiscal year 2021-22 budget provides assistance to cities, towns and villages that have capital maintenance responsibility for State or interstate signed touring routes. The Town has been granted funding in the sum of $433,986.40 from New York State. This funding is to be used on Town roads by providing surface treatment that has at least 10 years of useful life service. This funding will be placed in the Highway 1 Revenue Account and used for associated Highway 1 expenditures. This funding was a new initiative from Albany. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-265 REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 181 10A2021-31 RESOLUTION ACCEPTING FUNDING FROM THE DEPARTMENT OF STATE On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted accepting grant funding from the Department of State not to exceed $50,000 for the installation of a fire alarm system at Camp Eastman. Commissioner of Public Works Robert Kiley explained that the fire alarm system is a replacement of the existing system at Camp Eastman. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-266 10A2021-32 RESOLUTION AUTHORIZING 2021 TAX LEVIES RESULTING FROM RIGHT OF WAY TOWN CODE VIOLATIONS On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing and ordering that the expenses for work performed by the Town to correct Town Code violations and totaling $400.25 be assessed and levied against said property and collecting in the same manner and same time as other assessments and tax levies of the Town; the acting Supervisor is authorized to adjust the foregoing assessment and levy based upon additional expenses incurred by the Town, as well as fees that are paid prior to the cutoff date of October 19, 2021. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-267 10A2021-33 RESOLUTION AUTHORIZING THE RECONSTRUCTION OF EXISTING SIDEWALKS THROUGHOUT THE TOWN; STATING THE MAXIMUM ESTIMATED COST IS $250,000; AND AUTHORIZING THE ISSUANCE OF UP TO $250,000 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Town to undertake the reconstruction of existing sidewalks through the Town, including curbs and gutters, and all ancillary and related improvements and determining that the maximum estimated cost of the undertaking is $250,000 and will be financed by the issuance of $250,000 in serial bonds. Commissioner of Public Works Robert Kiley explained that this resolution must be adopted by a super majority and all four Board members must vote in favor of this resolution. This Bond resolution will then be up for a 45-day Permissive Referendum, Estoppel Notices and other document processes before going to the Bond market. These projects are scheduled for next year’s construction season. Commissioner Kiley noted that there is a list of sidewalks that need attention and the Town follows the ADA compliance regulation regarding accessibility on the roads where the sidewalks meet the roadways. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-268 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 IN SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION. On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Town to undertake the reconstruction and stabilization of Seneca Road and Edgewater Drive in the Town, including the construction or reconstruction of sidewalks, curbs, gutters, drainage, landscaping and grading or improving right of way improvements and determining that the maximum estimated cost of the undertaking is $600,000 and will be financed by the issuance of $600,000 in serial bonds. REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 182 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-269 10A2021-35 RESOLUTION AUTHORIZING THE 2022 SPECIAL EVENTS CALENDAR On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor or Acting Supervisor to 1) set the Special Events Calendar, including any modifications related to date, time, or location as necessary; 2) schedule parades for Memorial Day and July 4th Celebrations; and 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. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-270 10A2021-36 RESOLUTION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT WITH RESPECT TO ENTERING INTO A MICROMOBILITY SERVICES AGREEMENT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Town Board to assume lead agency status for an uncoordinated review of action of participating in the Program and entering into the Micromobility Services Agreement, adopting a Negative Declaration for the Project and determining that no Environmental Impact Statement is required. Director of Community Development Kerry Ivers explained that this is an Unlisted Action pursuant to SEQR. The bike racks are temporary in nature and will be coordinated with the various permitting agencies, such as Monroe County Department of Transportation and Irondequoit’s Public Works Department. The Project encourages alternate modes of transportation to hopefully reduce the number of vehicles on the roadways. She noted that there are not any large or moderate environmental impacts associated with this Project and a Negative Declaration is being recommended. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-271 10A2021-37 RESOLUTION AUTHORIZING ENTRY INTO A MICROMOBILITY SERVICES AGREEMENT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing and approving of a Micromobility Services Agreement with CycleHop, LLC d/b/a HOPR, and authorizing the Town Supervisor or Acting Supervisor to execute the Agreement and all other related documents. Director of Community Development Kerry Ivers explained that this Agreement only includes bicycles and pedal-assist bicycles (electric) at this time and other Towns are implementing a similar program. This is supportive of the Town’s Master Plan and the Town’s Active Transportation Plan. Attorney Dean added that HOPR gave a detailed presentation of this Program and allowed the Board to ask questions. Councilmember Romeo suggested that HOPR find a way to make this equitable and available to those individuals who do not have credit cards or cell phones. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-272 10A2021-38 RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE LANDLORD/OWNER WAIVER CONCERNING AGREEMENT WITH GREENLIGHT NETWORKS LLC On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted finding that the Landlord Waiver is in the best interest of the Town REGULAR TOWN BOARD MEETING OCTOBER 19, 2021 183 and determines that the actions contemplated herein constitute a Type II action for purposes of SEQR and further environmental review is not required. Attorney Dean explained that Greenlight has installed certain equipment at the Town for high- speed internet access. Greenlight is borrowing money from its Bank and the Bank is requiring a Landlord/Owner Waiver granting the lender the right to take an interest in the equipment as collateral for the purpose of extending credit to Greenlight and granting the lender the right to enter and retrieve such equipment if Greenlight defaults on its payments to the lender. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-273 10A2021-39 RESOLUTION ADOPTING A RESOLUTION PROVIDING FOR THE RECORDING OF TOWN BOARD WORKSHOP MINUTES On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted determining that the Workshop meetings and Special meetings be audio-recorded and/or video-recorded and that following such meeting, the recordings thereof shall be maintained by the Town. Acting Supervisor explained that it is time the Town recorded the Workshop meetings in the interest of clarity, transparency and creating a full record of its proceedings. Councilmember Wehner stated that there is a lot of information exchanged at the Workshop meetings and is happy to advance this resolution. Councilmember Freeman also expressed her approval of this resolution as a good step forward for transparency and clarity. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2021-274 Councilmember Wehner asked for clarity of the motion by Councilmember Freeman to amend the Minutes from the August 10th Workshop where Councilmember Romeo asked questions regarding I-CARE. He asked if Councilmember Freeman could read her response into this present meeting. Attorney Dean believes Councilmember Freeman did read them into the Minutes and they should be reflected into these Minutes. The Next Board Meetings: Tuesday, November 9, 2021 Workshop Meeting @ 4 PM in the Broderick Room Tuesday, November 16, 2021 Regular Town Board Meeting @ 7 PM in the Broderick Room . On a motion made by Councilmember Wehner, second by Councilmember Romeo, the Regular Town Board Meeting was adjourned at 8:33 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk BUDGET WORKSHOP MEETING OCTOBER 20, 2021 5:30 P.M. PRESENT: Acting Supervisor Perticone Councilmember Romeo ABSENT: Councilmember Freeman Councilmember Wehner Also present: Comptroller Diana Marsh, Director of Human Resources Jason Vinette, Director of the Library Greg Benoit, Library Board Members, Director of Administration Maria Vecchio and Town Clerk Genier. Acting Supervisor Perticone called the meeting to order at 5:30 p.m., Pledge was said and Town Clerk Genier called roll. Acting Supervisor Perticone stated that this meeting needed a quorum to proceed. He stated that the Board would wait an additional 5 minutes to see if the two absent Councilmembers would come. Councilmembers Freeman and Wehner did not attend the meeting. Acting Supervisor Perticone then announced that this Budget Meeting would be rescheduled, and he apologized to the members of the Library Board and to Director Greg Benoit. The meeting was adjourned at 5:45 PM. 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 APPOINTMENT OF SEVERAL 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 16th day of November 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 several 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 Michelle Petronio, Jalen Long, Sydney John, Connor Springer, Candice McGinnis, Jill Lopez and Shanta Streeter for these positions. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Michelle Petronio, Jalen Long, Sydney John, Connor Springer, Candice McGinnis, Jill Lopez and Shanta Streeter 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 _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING A PART TIME SCHOOL TRAFFIC GUARD IN THE IRONDEQUOIT 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 16th day of November 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 a vacancy there is an opening for a part time School Traffic Guard in the Irondequoit Police Department; and WHEREAS, the School Guard Coordinator has interviewed several qualified candidates and recommends hiring Gary Allen Novack as a part time School Traffic Guard; NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Gary Allen Novak as a part time School Traffic Guard to be paid an hourly rate of $12.50 from Budget Code 001.3120.0105.1100. This resolution shall take effect upon date of hire. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member 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 TO A MOTOR EQUIPMENT OPERATOR IN THE DEPARTMENT OF PUBLIC WORKS 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 16th day of November 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 fill a Motor Equipment Operator position in the Department of Public Works; and WHEREAS, this position was posted per Civil Service requirements, and WHEREAS, the Commissioner of Public Works has interviewed several qualified candidates and recommends appointing William Griepp as a Motor Equipment Operator; NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of William Griepp as a Motor Equipment Operator to be paid an hourly rate of $27.30 from the following Budget Codes 50% 031.8121.0100.1100, 40% from 038.8140.0100.1100 and 10% from 024.5152.0100.1100. 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 HIRING OF A PROVISIONAL BUILDING MAINTENANCE FOREMAN FOR THE IRONDEQUOIT TOWN HALL 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 16th day of November 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 a retirement there is a need to hire a Building Maintenance Foreman; and WHEREAS, a selection committee has interviewed all qualified candidates for this competitive position and recommends hiring Darwin Soto as a provisional Building Maintenance Foreman; and WHEREAS, this position is classified as a competitive position, and when the test is offered the candidate will participate in the examination and must score within the top three of eligible participants who are interested in the position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the provisional appointment of Darwin Soto as a Building Maintenance Foreman to be paid an annual salary of $53,456.00 from Budget Code 001.1620.100.1100. 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 MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION FILLING A CONSERVATION BOARD VACANCY 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 16th day of November 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, there is one (1) vacancy on the Irondequoit Conservation Board; and WHEREAS, the Town Board desires to appoint Aaron DeRuyter to the Conservation Board to serve with an expiration date of December 31, 2021. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit hereby approves the appointment of: Aaron DeRuyter Conservation Board Member Term Expires: December 31, 2021 This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Resolution No. 2021-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD AUTHORIZING A SETTLEMENT AGREEMENT WITH US BK NA SERIES 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 16th of November, 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, a consent judgment for the Article 7 proceedings brought by US BK NA Series 2007-PER16 (“US BK NA Series”) has been submitted by Amy Jorstad, the Assessor for the Town of Irondequoit, and recommended by Thomas A. Fink, special counsel for the Town of Irondequoit for tax certiorari matters. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit formally approves, and to the extent necessary, ratifies, the consent judgment with US BK NA Series on the following terms: 1. The assessment for US BK NA Series for the 2019 year shall be reduced from $3,220,000 to $2,710,000 for tax parcel 091.07-1-91.1. 2. The assessment for US BK NA Series for the 2020 year shall be reduced from $3,220,000 to $2,610,000 for tax parcel 091.07-1-91.1. 3. The assessments for US BK NA Series for the 2019 and 2020 years shall remain unchanged for tax parcel 091.07-1-92. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Perticone voting __________ Town Board Member Romeo voting __________ Town Board Member Freeman voting __________ Town Tax Refund Calculations -720 East Ridge Road US BK NA Series Assessment Roll Year 2019 2020 Actual Effective Assessment Jan -20 $3,220,000 Jan -21 $3,220,000 Actual Taxable Revised Assessment Assessment $3,220,000 $2,710,000 $3,220,000 $2,610,000 All Refunds: 720 E. Ridge Rd SBL #091.07-1-91.1 Property currently being used as retail plaza Revised Taxable Assessment $2,710,000 $2,610,000 Town County School Special Dist. Total Refunds: Refund calculations are estimates only Actual refunds are calculated at each jurisdictional level and may be more precise Prepared 11/04/2021 Reduction $510,000 $610,000 $7,062.90 $9,688.80 $31,272.90 $3,219.40 $51,244.00 Tax Rate Refund $6.17 $3,146.70 $6.42 $3,916.20 Town Total: $7,062.90 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2870638 Book Page CIVIL Return To: Kathleen M. Saltrelli 545 Hall of Justice Rochester, NY 14614 No. Pages: 7 Instrument: ORDER Control #:202110140507 Index #:E2020004755 Date: 10/14/2021 US BK NA SERIES 2007-PER16 Time: 11:19:43 AM THE ASSESSOR, THE BOARD OF ASSESSORS AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF IRONDEQUOIT AND THE TOWN OF IRONDEQUOIT Total Fees Paid:$0.00 Employee: ARC State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK FILED: MONROE COUNTY CLERK 10/14/2021 11:20 AM INDEX NO. E2020004755 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2021 1 of 7 Our File #500-0785 At a Special Term of the Supreme Court, State of New York, County of Monroe, held at New York on the day of 2021. P R E S E N T Hon. Gail A. Donofrio Justice ________________________________________x In the Matter of the Application of: CONSENT JUDGMENT US BK NA SERIES 2007-PER16 Index # Tax Year Petitioner, E2019006765 2019/20 —aqainst- E2020004755 2020/21 THE ASSESSOR, THE BOARD OF ASSESSORS AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF IRONDEQUOIT AND THE TOWN OF IRONDEQUOIT Respondents, WEST IRONDEQUOIT CENTRAL SCHOOL DISTRICT Intervenor-Respondent. For Review of a Tax Assessment Under Article 7 of the Real Property Tax Law. ________________________________________X Proceedings having been brought by US BK NA SERIES 2007~PER16, the Petitioner herein, to review the assessments by the Respondents located in the Town of Irondequoit, designated as Section (5) 91.07, Block 1, Lot(s) 91.1 and 92 on the tax maps and assessment rolls of the Town of Irondequoit and owned by the Petitioner herein for the taxable stetus dates of March 1, 2019 (Tax Year: 2019/20); March 1, 2020 (Tax Year: 2020/21); and 202110140507 Index # : E2020004755FILED: MONROE COUNTY CLERK 10/14/2021 11:20 AM INDEX NO. E2020004755 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2021 2 of 7 The issues of these proceedings having duly come before an IAS Part of the Court and the Petitioner, having appeared by BRIAN TROY, ESQ. of CRONIN & CRONIN LAW RIRM, PLLC, the Respondents, Town of Irondequoit, by their attorney, THOMAS FINK, £89., and the Intervenor-Respondents, WEST IRONDEQUOIT CENTRAL SCHOOL DISTRICT, by their attorney, KATHERINE E. GAVETT, ESQ. of FERRARA FIORENZA, P.C. and the parties having agreed to a settlement of these proceedings; NOW, upon the consent of the parties indicated by the signatures of the attorneys for each of the respective parties indicated hereon and due deliberation having been had thereon, it is ORDERED, that the assessments on the property designated as Section 91.07, Block 1, Lot(s) 91.1 and 92 on the tax maps and for the taxable status dates March 1, 2019 (Tax Year: 2019/20) and March 1, 2020 (Tax Year: 2020/21) shall be amended and reduced to read as follows: Desc. 91.07-1-91.1: Total Taxable Original Final Status Date Assessed Amount of Assessed (Tax Yr.) valuation Reduction Valuation March 1, 2019 $3,220,000 $510,000 $2,710,000 (2019/20) March 1, 2020 $3,220,000 $610,000 $2,610,000 (2020/21) 202110140507 Index #: E2020004755FILED: MONROE COUNTY CLERK 10/14/2021 11:20 AM INDEX NO. E2020004755 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2021 3 of 7 Desc. 91.07-1—92: Total Taxable Original Final Status Date Assessed Amount of Assessed Tax Yr.) valuation Reduction Valuation March 1, 2019 $90,000 $0 $90,000 (2019/20) March 1, 2020 $90,000 $0 $90,000 (2020/21) ORDERED AND DIRECTED that the Treasurer of the County of Monroe, State of New York, he and hereby is directed and authorized to audit, allow, and pay to CRONIN & CRONIN LAW FIRM, PLLC, as attorneys for the Petitioner, Us BK NA SERIES 2007-PER16, the amounts, if any, of County taxes paid by the Petitioner as taxes against the said erroneous assessments in excess of what the taxes should have been if the said assessments had been determined by this Order, without interest thereon, if payment is made within sixty (60) days of service of a certified copy of this Order upon the Treasurer of the County of Monroe. If payment is not made within sixty (60) days after the service of a certified copy of this Order upon the Treasurer of the County of Monroe, then statutory interest will be paid on the amount of any refund made from the date of payment of the taxes as provided by Section 726 of the Real Property Tax Law, and upon the service of a certified copy of an Order upon the Treasurer of the County of Mbnroe, and it is further 202110140507 Index #: E2020004755FILED: MONROE COUNTY CLERK 10/14/2021 11:20 AM INDEX NO. E2020004755 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2021 4 of 7 ORDERED AND DIRECTED that the Receiver of Taxes of the Town of Irondequoit be and hereby is directed and authorized to audit, allow, and pay to CRONIN & CRONIN LAW FIRM, PLLC, as attorneys for the Petitioner, US BK NA SERIES 2007-PER16, the amounts, if any, of Town and ad valorem special districts taxes paid by the Petitioner as taxes against the said erroneous assessments in excess of what the taxes should have been if the said assessments had been determined by this Order, without interest thereon, if payment is made within sixty (60) days of service of a certified copy of this Order upon the Receiver of Taxes of the Town of Irondequoit. If payment is not made within sixty (60) days after the service of a certified copy of this Order upon the Receiver of Taxes of the Town of Irondequoit, then statutory interest will be paid on the amount of any refund, from the date of payment of taxes as provided by Section 726 of the Real Property Tax Law, and upon the service of a certified copy of an Order upon the Receiver of Taxes of the Town of Irondequoit, and it is further ORDERED AND DIRECTED that the Trustees of the west Irondequoit Central School District, unless sooner paid, at the next budget or other appropriate meeting following the entry of this Order, shall audit, allow and pay to CRONIN 5 CRONIN LAW FIRM, PLLC, as attorneys for the Petitioner, US NK NA SERIES 2007-PER1& that part of the taxes representing the School taxes which is in excess of what such taxes would have been if the assessment complained of had been herein audited and determined by this Order, without interest thereon, if 4 202110140507 Index #: E2020004755FILED: MONROE COUNTY CLERK 10/14/2021 11:20 AM INDEX NO. E2020004755 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2021 5 of 7 payment is made within sixty (60) days of service of a certified copy of this Order upon the Trustees of the west Irondequoit Central School District. If payment is not made within sixty (60) days after the service of a certified copy of this Order upon the Trustees of the west Irondequoit Central School District, then statutory interest will be paid on the amount of any refund made, from the date of payment of the taxes as provided by Section 726 of the Real Property Tax Law, and upon the service of a certified copy of an Order upon the Trustees of the west Irondequoit Central School District, and it is further ORDERED AND DIRECTED that upon compliance with the terms of this Order, the above captioned proceedings be, and the same hereby are discontinued without costs to either party as against the other. Y2 V J.\s.¢.’ Entry of the foregoing Order is hereby consented to: Date: CRONIN & CRONIN LAW FIRM, PLLC Attorneys for Petitioner M/g/JJ 4—."’ BY: BRIKN may, ESQ. Dita 200 Old Country Road Suite 470 Mineola, New York 11501 202110140507 Index #: E2020004755FILED: MONROE COUNTY CLERK 10/14/2021 11:20 AM INDEX NO. E2020004755 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2021 6 of 7 ”/7 fl /2/ 39/9/0 BY: moms FINK, ESQ. De :7 Davidson & Fink, LLP /§é Attorney for Respondents Town of Irondequoit 28 E. Main Street Suite 1700 Rochester, New York 14614 g Q \e\os\1u‘l-\ BY: KATHERINE GKVETT, ESQ. Date FERRARA FIORENZA, P.C. Attorney for Intervenor-Respondent West Irondequoit Central School District 5010 Campuswood Drive East Syracuse, New York 13057 202110140507 Index #: E2020004755FILED: MONROE COUNTY CLERK 10/14/2021 11:20 AM INDEX NO. E2020004755 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/14/2021 7 of 7 Resolution No. 2021 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE ADOPTION OF THE 2022 IRONDEQUOIT CONSERVATION BOARD MEETING SCHEDULE At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 16th day of November 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 Irondequoit Conservation Board meets in the 1st floor conference room at the Irondequoit Town Hall on the first Wednesday of each month; and WHEREAS, the 2022 meeting schedule for the Irondequoit Conservation Board, attached hereto as Attachment C (the “2022 Schedule”), has been submitted to the Town Clerk’s Office for approval by the Town Board. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the 2022 Schedule for the Irondequoit Conservation Board. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ 8242468_1 Attachment C 2022 Schedule 1280 TITUS AVENUE • ROCHESTER, NEW YORK 14617 • PHONE: (585) 336-6017 WWW.IRONDEQ UOIT.ORG TOWN OF IRONDEQUOIT CONSERVATION BOARD 2022 MEETING SCHEDULE All meetings are held at 7:00 p.m. at the IRONDEQUOIT TOWN HALL, 1280 TITUS AVENUE, Monroe County, New York. MEETING DATES: January 5, 2022 February 2, 2022 March 2, 2022 April 6, 2022 May 4, 2022 June 1, 2022 July 6, 2022 August 3, 2022 September 7, 2022 October 5, 2022 November 2, 2022 December 7, 2022 Resolution No. 2021 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE ADOPTION OF THE 2022 IRONDEQUOIT ZONING BOARD OF APPEALS MEETING SCHEDULE At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 16th day of November 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 Irondequoit Zoning Board of Appeals meets in the Broderick Room of Irondequoit Town Hall on the 1st Monday of each month; and WHEREAS, the 2022 meeting schedule for the Irondequoit Zoning Board of Appeals, attached hereto as Attachment B (the “2022 Schedule”), has been submitted to the Town Clerk’s Office for approval by the Town Board. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the 2022 Schedule for the Irondequoit Zoning Board of Appeals. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Attachment B 2022 Schedule 1280 TITUS AVENUE • ROCHESTER, NEW YORK 14617 • PHONE: (585) 336-6017 WWW.IRONDEQUOIT.ORG TOWN OF IRONDEQUOIT ZONING BOARD OF APPEALS 2022 SCHEDULE OF PUBLIC HEARINGS All meetings are held at 7:00 p.m. at the Irondequoit Town Hall, Broderick Room, 1280 Titus Avenue, Monroe County, New York. MEETING DATES January 3, 2022 February 7, 2022 March 7, 2022 April 4, 2022 May 2, 2022 June 6, 2022 July 11, 2022 August 1, 2022 September 12, 2022 October 3, 2022 November 7, 2022 December 5, 2022 Resolution No. 2021 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE ADOPTION OF THE 2022 IRONDEQUOIT PLANNING BOARD WORKSHOP AND MEETING SCHEDULE At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 16th day of November 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 Irondequoit Planning Board meets regularly twice a month for a workshop meeting and a regular meeting; and WHEREAS, the 2022 workshop and meeting schedule for the Irondequoit Planning Board, attached hereto as Attachment A (the “2022 Schedule”), has been submitted to the Town Clerk’s Office for approval by the Town Board. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the 2022 Schedule for the Irondequoit Planning Board. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ 8242440_1 Attachment A 2022 Schedule 1280 TITUS AVENUE • ROCHESTER, NEW YORK 146 17 • PHONE: (585) 336 -6017 WWW.IRONDEQUOIT.ORG TOWN OF IRONDEQUOIT PLANNING BOARD 2022 SCHEDULE OF WORKSHOP MEETINGS & PUBLIC HEARINGS All meetings are held at 7:00 p.m. at the Irondequoit Town Hall, Broderick Room, 1280 Titus Avenue, Monroe County, New York. WORKSHOP DATES MEETING DATES January 10, 2022 January 24, 2022 February 14, 2022 February 28, 2022 March 14, 2022 March 28, 2022 April 11, 2022 April 25, 2022 May 9, 2022 May 23, 2022 June 13, 2022 June 27, 2022 July 18, 2022 July 25, 2022 August 8, 2022 August 22, 2022 September 19, 2022 September 26, 2022 October 17, 2022 October 24, 2022 November 14, 2022 November 28, 2022 December 12, 2022 December 19, 2022 Resolution No. 2021- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ALLOWING THE TOWN TO CREATE TRAINING SESSIONS FOR MEMBERS OF VARIOUS BOARDS 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 16th day of November 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, Town Law Sections 267(7-a) and 271(7-a) require members of the Planning Board and Zoning Board of Appeals to complete a minimum number of hours of training annually to maintain good standing; and WHEREAS, members of other boards are not required to participate in training, but might benefit from attending training and continuing education sessions; and WHEREAS, pursuant to General Municipal Law Section 77-b and Town Law Section 116, the Town Board may provide training to its members and to any other Town officer or employee; and WHEREAS, the Town wishes to generate trainings for its members and boards, including creating customized sessions and focusing on issues and topics that are relevant and/or specific to our community. NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes the Director of Community Development and/or other appropriate department head(s) or agent(s) of the Town to develop and implement training sessions for its members and other members of boards of the Town of Irondequoit. 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 _______ Resolution No. 2021- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD CALLING FOR A PUBLIC HEARING ON THE MATTER OF GRANTING A SPECIAL USE PERMIT FOR 720 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 16th day of November 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 request by Jeffrey Harrington (Laundra-Max LLC), for a Special Use Permit for the property located at 720 E. Ridge Road, to operate a new full service laundromat (the “Project”); and WHEREAS, under Town Code § 235-28(A) (5) the use of a property for dry-cleaning establishments, laundries or laundromats in the C- Business District requires a special use permit; and WHEREAS, such Special Use Permit may be approved by the Irondequoit Town Board pursuant to Town Law § 274-b; and WHEREAS, pursuant to Town Law § 271(14)(a), the Town Board may by resolution provide for the reference of any matter or class of matters to the Planning Board before final action is taken thereon. NOW, THEREFORE, BE IT RESOLVED, the Town Board shall hold a public hearing on this Special Use Permit application on December 21, 2021 at 7:3X p.m. at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board refers the application for a Special Use Permit for 720 E. Ridge Road to the Planning Board for its reference and report thereon, which report the Town Board requests to be so provided at or after the public hearing scheduled for December 21, 2021. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ • 7a-e,N. PROJECT ADDRESS TOTAL AREA OF PROJECT - we) e) 2' TAX ID NO. 0°11 o 07 — 1 6 9 1 • 1 �r ZONING DISTRICT PROPERTY OWNER (Print) I Ci §-4Y\ k (4,,v( 4 ,\t, PHONE CJ !? L0 (1 73 ADDRESS Lit/ 1 — 11 Le - 5 RNA S. cg' M . 1 1 Li%C) ZIP CODE E-MAIL ADDRESS J\Q .c Gek J Z e. 2 014 FAX NO. S^^ 73 8 I R 4 APPLICANT (Print) ` , )1 L G M A t' VkG " �3' PHONE 5 94/3-9 q()/ADDRESS 19 Sri / I�- SA' � . 09_ /t(5' l G ZIP CODE / 9566 TOWN OF IRONDEQUOIT APPLICATION TO THE TOWN BOARD —71) tiZeA kta. oAd -Ay Fr _wt°�2 E-MAIL ADDRESS Vsa, 4:45 0 J r Cd •" FAX NO. AGENT zyjtem .+ ADDRESS 9zf E-MAIL ADDRESS DESCRIPTION OF PROJECT APPLICANT (or Agent) SIGNATURIt7 IMPORTANT NOTICE: Applicants and/or their representatives must appear at the Meeting to present their case to the Town Board. REMARKS: c ►1i� � �►� -�► / c� srek FEE $ 50 CASE NO. OCT 2 6 2021 PHONE ZIP CODE Sc•z, 4A - FAX NO. DATE /C) -791 — arse 7 b. trl bk 1 DATE OF HEARING 4/ • 6 L ' 2t- 29V 0' HER BOARD REFERRALS(//1f%1 11 "` Rev zc i TOWN OF IRONDEQUOIT PLANNING & ZONING BATES P8 ! I [ — 21 -lol A sign (provided by the Town must be posted on the property for at least (10) days prior to the scheduled Public Hearing. Oct. 25 2021 Subject: letter of intent Town Of Irondequoit 580 Titus Ave. Rochester, NY 14617 Applicant: Jeff Harrington Laundra-max LLC. 198 E. Main St. Webster, NY 14580 To whom it may concern: It's our intent to construct and scale a successful, full service, one stop, laundry facility, using the most efficient laundry machinery in the industry; while using a ozone system to hospital clean merchandise. Completing the cycle for the best customer service experience in 45 minutes or less. „ate 72" •cT ��._ m L 0., iz; -°� 09L2. s: 74 E. Ridge Rd., Irondequoit, NY 14621. �J Services will include: self service, wash and fold, pick up and delivery, and commercial laundering. Pperating hours are from 7 AM till 11 PM. The Laundromat will have an attendant at all times. I yG S t-e&S Proposing signage on both the west and south storefront above awnings. Sincerely, Jeff Harrington Laundra-max LLC 585 943 9401 Town of Irondequoit 1280 Titus Avenue Rochester, NY 14617 To Whom it May Concern/ 742 Hassen Ridge Realty LLC: I grant permission to Jeff Harrington to operate a laundry mat in my plaza. If you have any questions, please contact me at 917-468-8473 Sincerely Mike Hassen ':goy ADAM J. BELLO corpirvFxrcuilv, I Combined Town and County Transacilpn Summary, School Tax Bill 1 Combloed Town and County Tax BI1l 1 Csarrettt School 1 -moult -Mon Surma SWIS Code/Account N 263400 091.07-1-91 1 Legal Description 0037-14-07 Owner Name HASSEN RIDGE REALTY LLC Ownership Information Property Address 720 E RIDGE RD ROCHESTER, NY 14621 True Tax Town/County $64,205. BB Tax Due Summary - Town / County Normal Mailing Address 114-11 LEFFERTS BLVD SOUTH OZONE PARK, NY 11414 True Tax School $73,33984 Change Tax Year Original Tax Tax Sale Penalties and Fees Total Due Delinquent Bankruptcy Foreclosure 3RD Party Lien Lien Sold Interest For details on your Town/County Tax please click the 'Tax History Button. Tax Year Tax Due Summary - School Original Tax Re -Levy to Town/County Interest Bill Service Charge Total Due For details on your School Tax please click the 'Tax History' Button. Prnperq Derail Tat, lliststo Payment History Arldroo Scarab Bankruptcy LEGAL DISCLAIMER 1 PRIVACY POLICY 1 SECURITY POLICY 12015 Eas Access, Inc - All RI• hts Reserved rteli Gmail Jeffrey Harrington cjharringtonovp@gmail.com> RE: 720 East Ridge Rd, Irondequoit Raymond, John D <JRaymond@monroecounty.gov> Fri, Oct 15, 11:03. AM To: Jeffrey Harrington <jharringtonovp@gmail.com> Cc: Penwarden III, Brent H <BPenwarden@monroecounty.gov>, Kerry Ivers <kivers@irondequoit.org> Jeff, Per our telephone conversation, a Laundromat is not a big traffic generator, so a Traffic Impact Report (TIR) would not be required. It is going into an existing plaza in the space formerly occupied by Dunn Tire and no work is proposed in either the East Ridge Rd (CR241) or Hudson Ave (CR112) right-of-ways, so no permits would be required from MCDOT. John D. Raymond, Engineer Monroe County Department of Transportation Division of Highway Permits City Place, 50 W Main St, Suite 6100 Rochester, NY 14614 Office: 585-753-7711 Fax: 585-324-4327 jrayrond monroecounty.gov From: Jeffrey Harrington <jharringtonovp@gmail.com> Sent: Friday, October 15, 2021 10:52 AM iu: riaymona, Jonn D <JRaymond@monroecounty.gov> Subject: CAUTION: This email originated from outside Monroe County systems. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good morning John... It's been recommended by the Town Of Irondequoit and Kerry Ives that I reach out to you to see if there's any action on my behalf that is needed for a traffic study, permits etc...? At the location of (formerly Dunn tire) 720 ridge road for a proposed laundromat. We are going to be doing a remodel of the existing Dunn tire space. Thanks, Jeff Harrington 585-943-9401 -- Confidentiality Notice -- This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including attachments. Laundra-Max Channel Letters: Proof V.1 West Elevation 331.50" 70.375" 1111 ILLUMINATED SIGN CABINET (CUSTOM SHAPE) WITH TRANSLUCENT VINYL GRAPHICS AND ILLUMINATED CHANNEL LETTERS ON 5.00" x 5.00" RACEWAYS, PAINTED TO MATCH BUILDING 240.50" (MAUNA:WA 162.50" RENDERING WEST ELEVATION SIGN BAND: 6'H x 70W (72"H x ►' N.• SIGNS �w • cs vNx • tk �iwr 764 Ridge Rd. • Webster, NY 14580 Ph: 585.787.4256 Fax 585.347.4290 info vitaisignsrochester.com www.VitalSignsRochestercom Customer: Laundra-Max Location: 744 East Ridge Road Rochester, NY 14617 Start Date: 4/23/2021 Last Revision: 4/23/2021 V.1 Job #: Drawing #: Page: 1 of 2 For proaflng only. Colors ass only representations of actual final color. Graphic locations may need to be adjusted to fit space. Please review this pry thoroughly for spelling, colors, content and placement if revisions are needed, please note end fax or emak thls proof back_ If approved, please sign below and sand bade to your project manager. C Customer Approval Oate Print Name Tlife Salesperson + 3f C Project Manager: AmYC Graphic Designer: Kate H rnoufo"x,r.ma• w,vra. e4r.., ..1I .x.. 1111 IMP•Ft•in. Laurddra-Max Channel Letters: Proof V.1 South Elevation 310.25"" 65.875 ILLUMINATED SIGN CABINET (CUSTOM SHAPE) WITH TRANSLUCENT VINYL GRAPHICS AND ILLUMINATED CHANNEL LETTERS ON 5.00" x 5.00° RACEWAYS, PAINTED TO MATCH BUILDING Customer: Laundra-Max VITA . SIGNS SIGN • GRAPHIC • DISPLAY 764 Ridge Rd. • Webster, NY 14580 Ph: 585.787.4256 Fax: 585.347.4290 info@vitalsignsroc hester.com www.VitalSignsRochester.com NW 225.00° Location: 744 East Ridge Road Rochester, NY 14617 SIMMI14441FIU 152.00° Start Date: 4/23/2021 Last Revision: 4/23/2021 V.1 Job #: Drawing #: Page: 2 of 2 : b co N ti For proofing only. Colors ere only representat€ons of actual final color. Grapnk locations may need to be adjusted to fit space. Please review this proof thoroughly for spelling, colors, content and placement If revtxons are needed. please note end fax or email this proof beck. If approved. please sign below and sand beck to your project manager. Customer Approval Date Print Name Title Salesperson Amy C Project Manager: Amy C Graphic Designer: Kate H 3M Certifed CfWVO1P.41T 9rM0. °V VITA! CIGIJC .AII fFC"`JJC OCFCgJTR1 ADP RUC Q111C nolbCpTVR wrok cvyrc eLin BIM/ err, ec nerveen....e..........rcue ,......c.........._..___,. _...,.,._...«.. ,. _... �.. _._.._ NO P►1K1r0 Ply mJ crl y 1 FoPGE EXISTING PLAZA 71,024 S.F. RoAD INA so s mY--r ATE 241) (COUNTB'RW ) rmor MNON 'S VAS MOAT{ A IF IrOPMr AWPT AAO A 2 -VD RAW NIL i,YRNr¢L N9rrIA}YY AIL COMIDICEW N DC AIO/T--?-S.Y MILL Dr A LIROAL'rrt rMS Petra L A4 NAWDALS DM= N Dr =war AWI7-0r-Mr SMALL CN AR.I]m4rCQ WIN DC NROF STAWNOS 4.D M?ASS N OPECT SAN PSTNt@ 1NSTR ,TIC\ ZONING REGULATIONS FOR DEVELOPMENT rmrrro 1..11E rW61RE RUrori T. rrllA NEFIOROO MONT MC.. fEMYAlrS CORNER LOT IINILIM LOT Y.COR Lur1AL LOr pizrot .l1s 7tOl AP4A ►441{403 RIO LIRLIZNOI• NECLaRL 1,47:• rLlY L7f IEOLY&9 PA.orw. n..,r,4 S4Td•CAt M1R )ANLEIYOTH RIONNm FAWN frOSK: lrOM=PAA/N1R MR/MO WRNSIN LXC PROYMPRININT YPRI REOLNO7NOM las wltwc4 7ROAoSOWi6 run tor NOML Ttr 071 AMauES7 L ORMA 11. VArcIJCES TOP OV•LR•'OPAS) vigomimlis14212 PROPOSED WALGREENS aim man M OFti10aHUDSON1 T VENUE TO MOM COMFY. MEW YORK IT a Wet-telt. 414 PACO-MEE PLANNING, DESIGN 5 ERG/NEE MO DEEMELD, L1DDA5s6I6 NOIC fNAOMOR]EO A17fRR O1 OR ADOITIM lo To* 00704EN1 5 A 110110041 Or 2tT00 7709 54Ad090N 7 OF Mr: NEN 40RA STATE EOOCAII LAN DESIGNED C—HlV CLOWH MOWS* AWOMTIORAP 441 loll ar.1ro.wm0• Pri 1sigNO1 FORc kW. 040•1110 • rrrauremen m MORETTY MOOR. [LC •ArAor U-• Immar mom. e=lr Apr Am, El AV =rt:� �. 07- 141• .10 ...gimry,ra, B tr Caw, Q PIMM1..,1.M. MI. L.,r OM LAYOUT►MN HEMMED SY: C1 63 50 50 50 50 50 5?2? 50 501 -li. Ye. .emu Su•.. 114YUi '4s_'. !Tl . W.f N Y1 Future Washers sat an 9t, Future Bulkhead Future Wa shers St7 917 St St' 917 St' 60 60 60 60 60 60 Washer Po ckets: 40 @ 1,694 lb. Dryer Pockets: 36 @ 1,656 lb. !eater 750k B7U Tank 2000 Restroom WDFStorag e Car 339" long 72" wide FUTURE: Washer Pockets: 44 @ 1,9041b. Dryer Pocke ts: 44 @ 2,056 lb. Short Environmental Assessment Form Part 1- Project Information Instructions for Completing Part 1 — Project Information. The applicant or project sponsor is responsible for the completion of Part I. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information Name of Action or Project: G,O c.t -jtACX '- ) Ll Aar\ . J Project Location (describe, and attach a location ma ): 7'/"f 1-461 pi), f r . d - ) q (0Z{ Brief Description of No nosed Action: 1 Ge Nv 1A v 7, 0 n &AT 1 NIA.rJ ejc'�j1 tJ c, I3v 4 L ?! zorS -r J 1 rJ (i 40 WA K,s 4 *4 are-. S PP ' 1 ILL, AL's 4A Y I A G LL V 14 -r if F � A) © `.�J t!'�i4, lei 'C '= F L 1 al � 5 $ °I�// r��. 4/401 Name of Applicant or Sponsor: i la5, • Telephone: S ES -! q -gclo i E -Mail: "11 A 00 C3'4� -Q- ��"� Address: City/PO: St to - Zip Code: /f S c U 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES IN ❑ 2. Does the proposed action require a permit, approval or fu ding from any of 4ov mment en ? If Yes, list agency(s) name and permit or approval: 16%04 156 .1.4.1.. F I t r r 't n,14 16trt *- ft u %1L16/ evan NO YES _ ►+ 3. a. Total acreage b. Total acreage c. Total acreage or controlled of the site of the proposed action? acres , to be physically disturbed? 0 acres (project site and any contiguous properties) owned by the applicant or project sponsor? acres 4. Check all land uses that occur on, are adjoining or near the proposed action: Rural (non -agriculture) ❑ Industrial ►tZ{ Commercial 5. IN Urban ❑ ■ Residential (suburban) ❑ Forest ■ Agriculture Aquatic MI Other(Specify): ❑ Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? W Ilk 41 C%AL— IISE 44"604 IT b. Consistent with the adopted comprehensive plan? NO 1 YES N/A ig L❑J L J ❑ ❑ ` 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ["4j 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES M • _ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES IS ❑ EI ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES ❑ of 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES VI 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES ,, J NI 1111 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? 01 b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ❑ ❑ All Page2of3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ■ Shoreline ■ Forest ❑ Agricultural/grasslands ■ Early mid -successional ■ Wetland ►741 Urban • Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ❑ 16. Is the project site located in the 100 -year flood plan? NO YES al 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES r % ❑ ❑ ❑ ❑ ❑ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES 11 0 ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES E 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLE Applicant/sp nsorl a e• Date: /0 " 0 3' 2 / Signature: Title: Ct \?4.. PRINT FORM Page 3 of 3 COLDWELL BANKER CUSTOM REALTY 955 E. Henrietta Rd., Rochester NY 14624 www.Coldwe] IBankerWNY, corn October 21, 2021 TO: Jaymes Keenan RE: 744 East Ridge Road Dear Jaymes Keenan On behalf of Jeff Harrington, we are pleased to present to you this Proposal which sets forth the terms on which our clients is willing to enter into lease negotiations for the premises located at 744 East Ridge Rd. Rochester NY 1462, Parcel ID: 091-07-1-91.1 (the "Premises") on the following terms and conditions: PRENIISES: Approximately 3,800 square feet of 744 East Ridge Road Rochester NY 14621 OWNER: Tenant: TERM: Hassen Ridge Realty LLC Jeff Harrington and or as LLC is to be formed 30 years with option to terminate at the conclusion of year 10, year 15, year 20, or year 25. If tenant elects to terminate, equipment must stay in premise. Tenant to provide 18 months' prior notice to Landlord if electing to use one of the termination options. MINIMUM BASE RENT: $13 a square foot annually, or $4,116.66 a month. POSSESION / DELIVERY Lessee would like to have possession as soon as possible to DATE: have access to do tenant work. Lease will connrnence when C of 0 is granted or 6 months after lease 'signing, whichever is earlier so long as premise is available per specification needed to facilitate a laundromat given there are no covid. lockdowns/governmental lockdowns. To be further defined in lease. Rent Concessions: 6 months free rent beginning upon lease commencement LANDLORD'S WORK / Landlord to ensure at landlord's expense the build out necessary to CONDITION OF the space of said premises to support tenant use of a laundromat. PREMISES: Landlord responsible for the interior partition of the dividing wall to be built. Landlord will have architectural drawings completed by the landlord and shall be mutually approved by the landlord, tenant, and municipality prior to start of buildout. See exhibit C for reference of Landlord's work. 3,800 square foot of plans as shown in Figure A to be measured in BOMA standards. Landlord responsible for extending the exterior awning and replacing windows. Landlord will also provide sufficient HVAC use of a laundromat and have it cleaned and inspected prior to possession, tenant will take care of maintenance, should it fail in 5 years of tenant's term landlord will replace. ADDITIONAL Cost of living escalation yearly increase of 2% of base rent CHARGES: annually, see figure B. Triple nets expenses shall be actual prorated past through expenses currently estimated at $5 SF, SIGNAGE: EXCLUSIVE USE: FORCE MAJEURE ASSIGNMENT / SUBLETTING: PARKING: calculations shall be provided to the tenant. Tenant will build to specifications given from the manufacturer of the washer and dryer units. Tenant will be allowed to have signage on said location verified by the landlord and the town's approval. Tenant will be allowed to post signage on the windows of the and be allowed signage on said exterior pylon signs. Tenant intended use is a laundromat facility. Tenant would like to place 4 cafe tables on the sidewalk in front of store so long as Tenant seeks and obtains approval from the Town. Landlord may not lease to another laundromat facility within shopping center. Landlord may not lease to a liquor store or cannabis facility within 2 units of either side of the laundromat facility. This will be contingent on town approval, zoning, attorney approval and financial feasibility of the tenant. Site plans of utilities of gas, electric, water and sewage from an architect or fine and inspection of premises. Tenant requires proof of cams and operating expense charges prior to the signing of lease agreement. Tenant shall have the right to sublease or assign the lease to another laundromat operator with prior consent which shall not be unreasonably withheld, conditioned or delayed under conditions detailed in the lease. The Tenant shall be allowed 2 sites of designated handicap spots near Tenant's entrance that already existing and are shared in common amongst all tenants of the plaza. Tenant would like to designate 4 parking spots to provide a tent for promotional and marketing purposes so long as this does not conflict with parking rights of current plaza tenants. The tent event will take place two times year dates to be detennined. BROKERS: EXPIRATION OF PROPOSAL: Landlord and Tenant shall recognize Jenny Le, as the Tenant Representative and Jaymes Keenan as the Listing Broker. Landlord and Tenant agree to indemnify each other from claims by any other broker or persons. Landlord agrees to pay Brokerage fee. And Listing Broker agrees to Co -Broker, as agreed to by a separate agreement between both parties. This proposal shall remain in force for three business(L3J) days from the Tenant's date of this proposal. Should this Proposal meet the approval with the Landlord, Landlord shall return an executed copy of this document to Tenant within such time period. LANDLORD AND TENANT ACKNOWLEDGE THAT THIS PROPOSAL IS NOT A LEASE, AND THAT IT IS INTENDED AS THE BASIS FOR. THE PREPARATION OF A LEASE. THE LEASE SHALL BE SUBJECT TO LANDLORD'S AND TENANT'S APPROVAL, AND ONLY A FULLY EXECUTED LEASE THAT HAS BEEN DELIVERED TO BOTH PARTIES SHALL CONSTITUTE A LEASE FOR THE PREMISES. THE TERMS AND PROVISIONS OF THIS PROPOSAL ARE NON -BINDING. UNTIL AND UNLESS THE PARTIES MUTUALLY EXECUTE A LEASE, EITHER PARTY MAY TERMINATE THE NEGOTIATIONS CONTEMPLATED HEREIN AT ANY TIME, FOR ANY REASON, AND WITHOUT LIABILTY OR FURTHER OBLIGATION TO THE OTHER PARTY, BY PROVIDING WRITTEN NOTICE OF TERMINATION TO THE OTHER PARTY. Very truly yours, Jenny Le Licensed Real Estate Salesperson Coldwell Banker Custom Realty AGREED AND ACCEPTED: Jeff Harrington Tenant Entity: r- AIMPAIP Jeff f farrihytoh 10/06/21 By: Title: Date: 10/06/21 Landlord Entity: / By: Title: Date: •'l Resolution No. 2021– EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING ADOPTION OF THE ANNUAL BUDGET FOR THE YEAR 2022 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 16th day of November, 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 changes approved at the the workshops were incorporated into the Preliminary Budget; and WHEREAS, a duly called public hearing was held on the Preliminary Budget on November 4, 2021; and WHEREAS, any modifications to the Preliminary Budget approved by the Town Board have been incorporated; and WHEREAS, it is necessary for the Town Board to adopt a budget for 2022. NOW, THEREFORE BE IT RESOLVED, that the Preliminary Budget for the year 2022 as amended by the “Amendments by the Town Board to the 2022 Preliminary Budget” attached hereto, is approved by the Town Board as the adopted Annual Budget for the year 2022. 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_________________ No amendments made to preliminary budget. The tax rate will remain at $6.41 per $1,000 assessed value (as proposed in the preliminary budget). Amendments by the Town Board to the 2022 Preliminary Budget Resolution No. 2021-____________ EXTRACTION OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING AGREEMENT WITH IRONDEQUOIT AMBULANCE FOR AWARD AND USE OF 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 16th day of November 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, resolution 2021-_____ authorized a partial spending plan for American Rescue Plan Act funds; and WHEREAS, Irondequoit Ambulance since the onset of the COVID-19 pandemic has experienced an increase in the number of emergency call and wait times at hospitals, straining its current fleet of ambulances; and WHEREAS, the approved partial spending plan for ARPA includes an ambulance purchase for Irondequoit Ambulance in an amount not to exceed $250,000; and WHEREAS, an agreement regarding use of the funds is attached in exhibit A. NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor or Acting Supervisor to enter into the Agreement for Award and Use of ARPA Funds with Irondequoit Ambulance, for the purchase of an ambulance, in substantially the form annexed as Exhibit A and in such final 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 Freeman voting_________________ Town Board Member Romeo voting_________________ Town Board Member Perticone voting_________________ 1 AGREEMENT FOR AWARD AND USE OF ARPA FUNDS THIS AGREEMENT is entered into this ___ day of __________, 2021 (“Effective Date”) by and between the Town of Irondequoit, a municipal corporation, having its principal office and place of business at 1280 Titus Avenue, Rochester, New York 14617 (the “Town”) and Irondequoit Ambulance (“Recipient”) is a not-for-profit ambulance agency, having its principal office and place of business at 2330 Norton Street, Irondequoit, New York 14609. RECITALS: WHEREAS, the COVID-19 pandemic dramatically impacted local communities, prompting the federal government to the American Rescue Plan Act (“ARPA”), which provides $130.2 billion to local governments to respond to the public health emergency with respect to the Coronavirus disease or its negative impacts, including assistance to nonprofits. WHEREAS, the Town has been allocated approximately $22.45 million in ARPA funding. WHEREAS, Recipient since the onset of the COVID-19 pandemic has experienced an increase in the number of emergency call and wait times at hospitals, straining its current fleet of ambulances. WHEREAS, pursuant to resolution adopted October 19, 2021, the Town Board adopted a spending plan for ARPA funds, including allocating funds to Recipient to purchase a new ambulance. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Town and the Recipient do mutually agree as follows: 1. GRANTING AND USE OF ARPA FUNDS. 1.1 The Town agrees to allocate up to $250,000 in ARPA funding to Recipient for the purchase of an ambulance. 1.2 Recipient shall order the ambulance from a company selected by Recipient in accordance with all federal, state, and local laws, including all laws requiring fair and open competition for receipt of public funds, including but not limited to Section 103 of the New York General Municipal Law. 1.3 Recipient shall order the ambulance and then present the Town with a purchase order or other evidence of purchase for the ambulance, including any down- payment, deposit, or installment payment towards such purchase. Recipient shall also affirm that in ordering the ambulance it has complied with all federal, state, and local laws concerning the use of public funds. 1.4 Upon receipt from Recipient of the purchase order or evidence of purchase, along with Recipient’s affirmation, the Town shall within 30 days make payment to Recipient in the amount showing in the purchase order or evidence of purchase, 2 provided, however, that in no event shall the Town pay Recipient an aggregate amount in excess of $250,000. Should the purchase require deposits or installment payments, the Town will pay the Recipient in installments. 1.5 Recipient shall use the ambulance to respond to the public health emergency with respect to the Coronavirus disease or its negative impacts. 2. AWARD CONTINGENT AND RECOUPABLE. The grant by the Town of ARPA funds to Recipient is contingent upon the Town first receiving such funds from the United States Department of Treasury. In the event the United States, State of New York, or any other government or governmental agency recoups such funds from the Town of Irondequoit, the Recipient shall immediately reimburse the Town an amount equivalent to the amount so recouped. 3. TERM. This Agreement shall terminate on December 31, 2022. 4. RECORDS & REPORTS. 4.1 In order to receive payment from the Town under this Agreement, the Recipient must provide documentation of the purchase and use of the ambulance in sufficient detail to provide the Town with a sound basis for effectively monitoring performance under this Agreement. All submissions for payment will contain all detail required by federal regulations, including all regulations and guidance promulgated by the United States Department of Treasury. 4.2 The Town, any department or agency of the United State, or any of their duly authorized representatives, shall have access to any books, documents, and records of the Recipient that are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts and transcriptions. The Recipient shall maintain all records for five (5) years after final payment is received from the Town. 5. AWARD LIMITS 5.1 The Town will provide up to $250,000 to Recipient for the purchase of an ambulance, as set forth in the previous sections. In the event that the purchase requires less than $250,000, Recipient shall not be entitled to the remainder. In the event that the purchase requires more than $250,000, the Town shall have no obligation to provide additional funding for the purchase. 6. COMPLIANCE WITH ALL LAWS. 6.1 The Recipient agrees that it and all employees (if any) working under its direction shall strictly comply with all local, state or federal laws, ordinances, rules or regulations controlling or limiting in any way its actions, including anti- discrimination laws, record-keeping and reporting requirements, and requirements for use of public funds. Furthermore, each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted 3 herein, and this Agreement shall be read and enforced as though it were included herein. Failure of the Recipient to comply with applicable laws may, at the sole discretion of the Town, be deemed to constitute a material breach of the Agreement. 6.2 The Recipient shall carry out all activities under this Agreement in compliance with all applicable federal laws and regulations, including specifically the HUD regulations governing the Community Development Block Grant Program. 6.3 The Recipient specifically agrees that it will carry out its work and obligations under the terms of this Agreement pursuant to the requirements of all applicable New York and federal laws prohibiting discrimination, including discrimination on the basis of race, creed, color, national origin, sex, familial status, age, disability or sexual orientation. 7. SUSPENSION, TERMINATION & NOTICE. 7.1 The Recipient and this Agreement may be suspended or terminated if the Town, in its sole discretion, determines that the Recipient has materially failed to comply with any term of this Agreement. Any such termination shall be effective upon written notice to the Recipient of said reason and stating the date on which the Agreement is to be terminated. 7.2 For all purposes under this Agreement, notice to the Town shall be tendered to the Town Supervisor at the address set forth above; and all notice to the Recipient shall be tendered to the Recipient at the office address set forth above. 8. CONTRACT DEEMED EXECUTORY. The Recipient specifically agrees that this Agreement shall be deemed executory only to the extent of the monies available for the purpose and received by the Town pursuant to the CDBG Program. It is understood and agreed that neither this Agreement, nor any representation by any public officer or employee creates any legal, moral or equitable obligation on the part of the Town to request, appropriate or make additional funds available for the purpose of this Agreement. 9. QUALIFICATIONS. The Recipient hereby agrees that it has, or will have on its staff, and will retain during this Agreement, all appropriate professional personnel necessary to completely, accurately, and competently perform under this Agreement. 10. INDEMNITY & INSURANCE. The Recipient hereby agrees to defend, indemnify and hold harmless the Town, and its officers, agents and employees (the “Indemnified Parties”), from and against any and all suits, actions, enforcements, audits, investigations, proceedings, claims, damages, costs, losses or liability of any kind or character (including, but not limited to attorneys’ fees and expenses arising from claims for accidents, injury or damage of any kind), and by any person, entity, government, agency, or body, which are caused, or claimed to be caused in whole or in part by the willful, intentional, reckless or negligent acts or omissions or breach of this Agreement by Recipient, or its officers, employees, agents or subcontractors; or arising out of, related to or in connection with the intentional, willful, reckless or negligent use, operation or maintenance of Recipient’s vehicles by Recipient, or its officers, employees, agents 4 or subcontractors, including without limitation, claims for personal injury, bodily injury, death and property damage, subject to the following: 10.1 The right of indemnity includes the obligation of the Recipient or its insurance carrier to select counsel, and to pay the necessary costs and attorney’s fees to defend any claims, audits, enforcements, investigations, proceedings or lawsuits. When the Recipient is required to indemnify Town or its officers, employees or representatives in accordance with this Agreement, the Recipient shall assume on behalf of such Indemnified Parties, and conduct with due diligence and in good faith, the defense of any claim against such Parties, jointly or severally, whether or not one or more Indemnifying Parties shall have been joined therein, and the Indemnified Parties shall cooperate with the Recipient or its carrier(s) in such defense. The Recipient shall be in charge of the defense and settlement of such claim; provided, however, that any settlement shall be approved by Town, which approval shall not be unreasonably withheld, conditioned or delayed; and provided further, that without relieving the Recipient or its carrier(s) of obligations hereunder or impairing the their right to control the defense or settlement thereof, the Indemnified Parties, jointly or severally, may elect to participate through separate counsel in the defense of any such claim, but the fees and expenses of such counsel shall be at the expense of such Indemnified Party, except in the event that (i) the Indemnified Party shall have reasonably concluded, acting in good faith and on the advice of counsel, that there exists a material conflict of interest between the Recipient, its officers, employees, subcontractors or agents and the Indemnified Party in the conduct of the defense of such claim (in which case the Recipient shall not have the right to control the defense or settlement of such claim, on behalf of such Indemnified Party), or (ii) the Recipient shall not have employed counsel to assume the defense of such claim within a reasonable time after notice of the commencement of an action thereon, then, in each of cases (i) and (ii), the fees and expenses of counsel shall be paid by the Recipient. The Recipient shall not, without the Indemnified Parties’ prior written consent, settle or compromise any claim, suit or cause of action asserted against the Indemnified Parties, or consent to entry of a judgment in respect thereof, which imposes any future obligation on an Indemnified Party or which does not include, as an unconditional term thereof, the giving of a release in favor of the Indemnified Party from all liability in respect of such claim, suit or cause of action. 10.2 Nothing contained in this Agreement shall be construed as creating any personal liability on the part of any officer, employee or agent of the Town. 11. INSURANCE. 11.1 The Recipient shall, at its own expense, maintain general liability insurance which shall include protection against claims of personal and bodily injury, including death, or damage to property arising out of performance under this Agreement. Such liability policy shall include the Town of Irondequoit as an additional named insured for claims or losses arising from the performance of this Agreement. The 5 Recipient shall provide the Town with a Certificate of Insurance executed by an authorized representative of a financially responsible insurer authorized to do business in New York State, evidencing that such insurance is in force. The Recipient agrees to maintain said insurance during the term of this Agreement and during the use of any ambulance purchased pursuant to this Agreement. 11.2 The Recipient shall secure compensation for the benefit of, and keep insured during the life of this Agreement, any and all employees as are required to be insured under the provisions of the Workers’ Compensation Law of the State of New York. The Recipient shall provide proof acceptable to the Town, duly subscribed by an insurance carrier, that such Workers’ Compensation coverage has been secured. The above-stated requirement shall not apply if the Recipient has no employees, or if Recipient’s employees are not required to be covered by Workers’ Compensation. In such case, a brief letter, on the Recipient’s letterhead, stating which of the above circumstances is applicable, shall be attached to, and be made a part of, this Agreement. 12. MISCELLANEOUS PROVISIONS. 12.1 Assignment. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, money that is or may become due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. The Town and the Recipient each bind him/her/itself, partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Agreement. 12.2 Severability; Governing Law; Venue & Dispute Resolution. The invalidity of any portion of the Agreement shall not affect the remainder thereof, which shall remain in effect to the extent permitted by law. This Agreement shall be deemed to have been executed and delivered within the State of New York, and the rights and obligations of the parties hereunder, and any action arising from or relating to the Agreement, shall be construed and enforced in accordance with, and governed by, the laws of the State of New York without giving effect to conflict of laws principles. Any action or proceeding arising out of or relating to the Agreement shall be brought in a court of competent jurisdiction sitting in the County of Monroe, State of New York, and each party hereto irrevocably consents to such jurisdiction and venue, and waives any claim of inconvenient forum. Nothing in this section shall preclude the parties from mutually agreeing to mediation, arbitration or other alternate dispute resolution device. 12.3 Attorneys’ Fees and Costs. If the Town shall bring any action or proceeding against the Recipient arising from or relating to the Agreement, the Recipient shall bear the Town’s attorneys’ fees and costs, in the event the Town prevails. 6 12.4 Audit. The Recipient shall provide to the Town, immediately upon the Town’s demand without prior notice during normal business hours, access to and copies of any books, records and papers, including computer tapes, disks, or other electronic media, pertinent to this Agreement up to five (5) years after termination of this Agreement without cost to the Town. 12.5 Non-Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by the Town, such non-enforcement shall not act as or be deemed to act as a waiver or modification of this Agreement nor shall such non- enforcement prevent the Town from enforcing each and every term of this Agreement thereafter. 12.6 Independent Contractor. The Recipient represents and warrants that it is an independent contractor and shall neither hold itself out as, nor claim to be, an officer or employee of the Town, and further shall not make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the Town. 12.7 Execution of Contracts. This Agreement may be signed in counterparts by each party; and versions of this Agreement transmitted by fax machine or other electronic media, including signatures transmitted electronically or by fax shall be deemed to be originals for all purposes. 12.8 Entire Agreement & Amendments. This Agreement contains the entire agreement between the parties with respect to its subject matter, and this Agreement supersedes all prior negotiations, understandings and agreements whether oral or written between the parties with respect to its subject matter. This Agreement shall not be amended, terminated (except as provided above) or modified orally, or by any course of conduct or usage of trade; and can be amended only by the mutual written agreement of the parties. No change order, field order or other document shall be executed or enforced if its terms would subject the Town to a charge or expense in excess of the amount approved and appropriated by the Town Board for such purpose. 12.9 Survival. The Town and the Recipient each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in this Agreement. 7 IN WITNESS WHEREOF, the Town and the Recipient have duly executed this Agreement as of the date first written above. IRONDEQUOIT AMBULANCE TOWN OF IRONDEQUOIT By: By: Date: Date: Resolution No. 2021- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION TO APPROVE AN EMPLOYEE DISCOUNT FOR AN IRONDEQUOIT COMMUNITY CENTER MEMBERSHIP 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 16th day of November 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 is committed to the health and wellness of its staff; and WHEREAS, the Town’s Wellness Committee recommends that employees be allowed to utilize the new Irondequoit Community Center as an employee benefit. WHEREAS, pursuant to Town Law § 27, the Town Board desires to increase the compensation packages of Town employees to include a discount on ICC membership; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves an employee discount for a membership at the Irondequoit Community Center for all permanent employees of the Town. Such discount shall equal the published cost that the employee would otherwise pay for an individual Basic Fitness Membership, and any additional costs shall be borne by the employee. AND, THEREFORE BE IT FURTHER RESOLVED, that the discount shall be considered part the employees’ compensation packages. This resolution shall take effect on December 1, 2021. 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-____________ EXTRACTION OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE RETENTION OF FIRM TO PROVIDE ENTERPRISE RESOURCE PLANNING SYSTEM 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 16th day of November 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, resolution 2021-_____ authorized a partial spending plan for American Rescue Plan Act funds; and WHEREAS, the approved plan includes the retention of a firm to provide an Enterprise Resource Planning (ERP) system and associated hardware not to exceed $400,000; and WHEREAS, the Town developed and circulated a request for proposals in accordance with Section 51-10 of the Irondequoit Town Code; and WHEREAS, the Town received two proposals , and one proposal did not meet the specifications of the request and was rejected. The selection committee met with the other vendor and recommends entering a contract with Tyler Technologies for the development of the ERP system; and WHEREAS, funding for this retention will be available in budget line __________________. NOW, THEREFORE BE IT RESOLVED, that the Town Board authorize the Supervisor or Acting Supervisor to enter into an agreement with Tyler Technologies for the development of the ERP system and implementation services in the amount of $____________, such agreement to be in the form 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 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 DECLARING SURPLUS VEHICLES AND AUTHORIZING THE AUCTION OF SAID VEHICLES 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 16th day of November, 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 Police Department uses vehicles to perform services for the Town, and from time to time such vehicles need to be replaced; and WHEREAS, each vehicle listed on the attached Addendum “A” (the Vehicles) is several years old and no longer used by the Town, and the Town wishes to dispose of the Vehicles by auction; and WHEREAS, pursuant to Chapter 51 of the Irondequoit Code, the Town obtained written quotes from three auction companies to auction the Vehicles, and Roy Teitsworth, Inc. charges the lowest buyer-premium and therefore provides the best value to the Town; and WHEREAS, the Town intends to commission Roy Teitsworth, Inc., 6502 Barber Hill Road, Geneseo, New York to list the Vehicles on Addendum “A,” on its Internet Net Auction beginning November 23, 2021 and ending November 30, 2021 NOW THEREFORE BE IT RESOLVED, that the Town Board hereby declares said Vehicles listed on Addendum “A” as surplus and authorizes the Town Supervisor to execute and deliver to Roy Teitsworth, Inc. such documentation as necessary to auction said Vehicles listed on Addendum “A,” at the November 23-30, 2021 Internet Net Auction. This resolution shall take effect immediately upon its adoption. Seconded by Town Board member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting_________________ Town Board Member Perticone voting_________________ Town Board Member Romeo voting_________________ Town Board Member Freeman voting_________________ Addendum “A” • One (1) 1992 Ford Econoline 150 Van, VIN #1FDEE14NXNHA45843 (742 KVS #005808), Mileage 80,915, Plate CYH6378 (Still runs, rotted undercarriage, hasn’t been used in years) • One (1) 2005 Ford Crown Victoria, VIN #2FAHP71WX5X146527 (727 KVS #006312), Mileage 133,122, no plate (still runs but needs repairs) Resolution No. 2021 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) 2022 FORD UTILITY POLICE INTERCEPTOR ALL WHEEL DRIVE VEHICLES 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 16th day of November 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 necessary for the Police Department to purchase two (2) new 2022 Ford Utility Police Interceptor All Wheel Drive vehicles (the “Vehicles”); and WHEREAS, the Town is authorized to make purchases through the contract of any county within the state at the same prices and under the same terms and conditions as such county pursuant to Irondequoit Town Code 51-5(B)(4) and New York State General Municipal Law §103(3); and WHEREAS, the Police Department would like to utilize a contract of Onondaga County to purchase two (2) new 2022 Ford Utility Police Interceptor All Wheel Drive vehicles; and WHEREAS, VanBortel Ford, 71 Marsh Road, East Rochester, New York, has been awarded Onondaga County Bid #8771 2022; and WHEREAS, the estimated cost to purchase two (2) new 2022 Ford Utility Police Interceptor All Wheel Drive Vehicles is $73,275.34; and WHEREAS, funding is available in the 2021 budget account 001.3120.2155. . NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the purchase of two (2) new 2022 Ford Utility Police Interceptor All Wheel Drive Vehicles from VanBortel Ford, 71 Marsh Road, East Rochester, New York in the amount of $73,275.34; AND BE IT FURTHER RESOLVED, that the Town Board authorizes the Acting Town Supervisor to execute any and all documents related to this purchase. 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_________________ 10/27/21, 2:34 PM Orders Wednesday October 27th, 2021 2:34 PM Attention: Mark Neumann 71 Marsh Rd East Rochester, NY 14445 585-586-7705 Fax 585-586-7706 Vehicle Purchase Proposal Town of Irondequoit 2629 E Ridge Rd Rochester NY 14622 Phone: 585-336-6090 Fax: 585-266-0695 Mobile: 585-301-7094 Email: mneumann@irondequoit.org Final Order Date Yet To Be Determined Quote# 32841 Onondaga Bid 8771 2022 Item Description Code Qty Your Pric MSRPI 2022 Ford Utility Police InterceptorAWD K8A 1 $ 32,024.27 $ 40,020.00 Agate Black _ UM 1 $ 0.00 $ 0.00 3.3L V6 DI Engine Std engine with Bid 8771 99B 1 $ 0.00 $ 0.00 10 -speed Automatic Transmission (with 99B/99C) 44U 1 $ 0.00 $ 0.00 License Plate Bracket- Front 153 1 $ 0.00 $ 0.00 Dome Lamp - Red/White in Cargo Area 17T 1 _ $ 46.00 $ 50.00 Global Lock / Unlock feature _ 180 1 $ 0.00 $ 0.00 100 Watt Siren/Speaker (includes bracket and pigtail) 18X 1 $ 289.80 $ 315.00 Front Warning Auxiliary Light 21 L 1 $ 506.00 $ 550.00 Dark Car Feature - Courtesy lamp disable when any door is 43D 1 $ 23.00 $ $ 25.00 260.00 Police Engine Idle Feature 47A 1 $ 239.20 Spot Lamp - LED Bulb, Driver Only (Unity) 51 R 1 $ 363,40 $ 395.00 Mirrors - Heated Sideview _ 549 1 $ 55.20 $ 60.00 Remote Keyless -Entry Key FOB 55F 1 $ 312.80 $ 340.00 Keyed Alike - 1111x 59J 1 $ 46.00 $ 50.00 Pre -Wiring for grille LED lights, siren and speaker Included w/ 67U 60A 1 i $ 0.00 $ 0.00 Noise Suppression Bonds (Ground Straps) 60R 1 $ 92.00 $ 100,00 Front Headlamp Lighting Solution _ 66A 1 $ 823.40 $ 895.00 Tail Lamp Lighting Solution 66B 1 $ 395.60 $ 430.00 Rear Lighting Solution 66C 1 $ 418.60 $ 455,00 Ultimate Wiring Package 67U 1 $ 515.20 $ 560.00 Rear -Door Handles Controls Inoperable / Locks Inoperable 68G 1 $ 69.00 $ 75.00 Deflector Plate _ 76D 1 $ 308.20 $ 335.00 Rear Console Plate Included w/ 67U 85R 1 $ 0.00 $ 0.00 Tail Lamp / Police Interceptor Housing Only Included w/ 66B 86T 1 _ $ 0.00 $ 0.00 Rear View Camera (mirror display) 87R 1 $ 0.00 $ 0.00 Delivery to Region 1 _ Reg 1 1 $ 110.00 $ 110.00 Total Price: $ 36,637.67 Quantity on this Order: 2 Grand Total: $ 73,275.34 To place an order please sign and date this proposal and return it to Van Bortel Ford along with a valid Purchase Order, Voucher, or Letter of Intent. Thank You! Accepted By: Title Dale Van Bortel Ford Inc (WBE) Federal ID 16-1609363 Salesperson: George Lunney Quote: 32841 https://yanbortelpilot.com/Pilot/orders_print.php 1/1 Resolution No. 2021- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A MONETARY GIFT FROM ROBERT DIERNA TO THE IRONDEQUOIT POLICE DEPARTMENT At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 16th day of November, 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, Robert Dierna would like to make a monetary gift to the Irondequoit Police Department; and WHEREAS, this monetary gift consists of five-thousand dollars ($5,000); and WHEREAS, these funds will be deposited into account # 221.0221.2705 (donations). NOW, THEREFORE, BE IT RESOLVED, that the Town Board accepts this gift from Robert Dierna and authorizes the Supervisor to receive this $5,000 to be used towards the Irondequoit Police Department. AND BE IT FURTHER RESOLVED, that the Town Board grants authority to the Town Supervisor to execute any and all documents related to this gift in a format approved by the Attorney for the Town. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Resolution No. 2021-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING ENTRY INTO AGREEMENT WITH WEGMANS FOOD MARKETS, INC. FOR IPD PRESENCE AT SUPERMARKET 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 16th day of November, 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, Wegmans Foods Markets, Inc. (“Wegmans”) wishes to provide for the presence of uniformed Irondequoit Police Department (“IPD”) officers at its Titus Avenue supermarket on Friday, Saturday, and Sunday evenings; and WHEREAS, officers will be assigned to Wegmans only during overtime hours and only if not needed elsewhere, Wegmans will pay the Town for the officers’ services at the overtime rate of whichever officer is present, the IPD will have the discretion to assign officers to the supermarket and dispatch such officers to other locations to assist in maintaining public safety in the event that an unforeseen emergency occurs, and such officers will remain under IPD control and supervision. NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes and approves of the Agreement with Wegmans—with a term of one year from the date of execution—in substantially the form annexed as Exhibit A, and in such final form as approved by conflicts-counsel Eugene Welch of Tully Rinckey PLLC, 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 __________ AGREEMENT THIS AGREEMENT made this _ day of November, 2021, between the TOWN OF IRONDEQUOIT, a municipal corporation existing under the laws of the State of New York with an office at 1280 Titus Avenue Rochester, New York 14617 (the "Town"), the IRONDEQUOIT POLICE DEPARTMENT with offices at 1300 Titus Avenue, Rochester, New York 14617 (the "Police") and WEGMANS FOOD MARKETS, INC. with offices at 1500 Brooks Avenue, Rochester, New York 14624 (the "Client"). RECITALS WHEREAS the Client is desirous of services of the Police during certain hours on Fridays, Saturdays, Sundays, and Mondays; and WHEREAS the Client requests the assignment of Police Officers on a reimbursable overtime basis for traffic and crowd control; and WHEREAS the Town and the Police have agreed to provide the services requested by the Client. NOW, THEREFORE, in consideration of the mutual covenants, the parties agree as follows: 1. RESPONSIBILITIES: Police agree to assign an officer or officers as decided by the Police in their discretion at the store located at 525 Titus Avenue, Rochester, New York, from 4:00 p.m. until 12:00 a.m. every Friday, Saturday, Sunday and Monday from the date of signing of this Agreement for a period of one year with that year expiring on November _, 2022, or at such time as the Police and Wegmans agree to terminate this Agreement. Wegmans will reimburse the Town at the overtime rate of whatever Officer is assigned on any given evening at the exclusive discretion of the Police. The Police will have the discretion on any given day to dispatch that officer to another location to assist in maintaining public safety in the event that an unforeseen emergency occurs. Police personnel assigned to the Client will be under the direct control and supervision of the Irondequoit Police Department only. 2. CONSIDERATION: In consideration for the provision of the service listed above, the Client agrees to reimburse the Police as set forth above. Any hours expended beyond the estimated time frame set forth above, will be billed and submitted to the Client following the event. Those reasons include: a. The closing of the store lasting longer than anticipated; and b. Problems or unforeseen events, for which the Client is liable, which require assignment of additional manpower to maintain public order. 3. RELEASE AND INDEMNIFICATION: The Client shall indemnify and hold harmless the Town and the Police of and from any and all claims, liability, suits, actions, responsibilities, judgments and loss, including reasonable attorney's fees which it shall suffer, or which shall be made against it on account of loss of life, personal injury, or property damage received or sustained by any person, by reason of any act or omission on part of the Client, its officers, employees, agents. invitees or contractors except that the Client shall not be required to indemnify the Town or the Police for any such damage or loss arising out of any negligent acts of the Town and the Police, its officers, employees, contractors or agents. 4. INSURANCE: The Client shall procure and maintain a policy of insurance and/or self insure for the following insurance coverages under this Agreement. The policy of insurance required is a general liability insurance (including, without limitation, contractual liability and dram shop coverage) with single limits of liability in the amount of $1,000,000.00, $3,000,000.00 in the aggregate, of which $1,000,000.00 of the aggregate coverage may be provided by an umbrella policy. Original certificates evidencing such coverage shall be delivered to the Town and the Police at the time of execution of the Agreement. Client shall endeavor to provide (30) days written notice to the Town and the Policy of any cancellation or material change to any Insurance required herein. 5. The Client's insurance shall provide for and name the Town and the Police as an additional insured and shall insure the Town and the Police for all claims relating to this Agreement. 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, and otherwise acceptable to the Town and the Police. Failure to provide such proof of insurance shall be grounds to cancel this Agreement. It is specifically understood that Client may self -insure for any or all of the insurance coverages required hereunder. 6. RELATIONSHIP OF PARTIES: The Client acknowledges and represents that the Town and the Police are not partners, joint ventures, or sponsors of the Client. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first above written. TOWN OF IRONDEQUOIT John Perticone, Acting Town Supervisor Alan Laird, Chief of Police WEGMANS FOOD MARKETS, INC. John S. Dell'Anno Asset Protection Regional Director 2 STATE OF NEW YORK ) COUNTY OF MONROE ) ss.: On the _ day of November, in the year 2021, before me, the undersigned, a Notary Public in and for said state, personally appeared John Perticone, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF MONROE ) ss.: On the _ day of November, in the year 2021, before me, the undersigned, a Notary Public in and for said state, personally appeared Alan Laird, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF MONROE ) ss.: On the _ day of November, in the year 2021, before me, the undersigned, a Notary Public in and for said state, personally appeared John S. Dell'Anno, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 3 Resolution No. 2021-___________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION CALLING FOR A PUBLIC HEARING ON LOCAL LAW AUTHORIZING SPEED REDUCTIONS ON BOUCKHART DRIVE, BROOKTROUT LANE, ONTARIO VIEW ST, SENECA ROAD FROM CULVER ROAD TO SEA BREEZE DRIVE, AND SEWILO HILLS DRIVE FROM 30 M.P.H. TO 25 M.P.H. At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 16th day of November, 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, at a regular meeting of the Town Board, Town Board Member ________ introduced a proposed local law authorizing speed reductions on Bouckhart Drive, Brooktrout Lane, Ontario View St, Seneca Road from Culver Road to Sea Breeze Drive, and Sewilo Hills Drive from 30 m.p.h. to 25 m.p.h., and the proposed local law is attached hereto as Exhibit A; and WHEREAS, residents of Bouckhart Drive, Brooktrout Lane, Ontario View St, Seneca Road from Culver Road to Sea Breeze Drive, and Sewilo Hills Drive have requested to reduce the existing speed limit of 30 miles per hour to 25 miles per hour on the aforementioned streets due to vehicles traveling at excessive speeds; and WHEREAS, pursuant to Municipal Home Rule Law, a local law may be adopted to amend Section 222-52 of the Code of the Town of Irondequoit to include Bouckhart Drive, Brooktrout Lane, Ontario View St, Seneca Road from Culver Road to Sea Breeze Drive and Sewilo Hills Drive as street with a 25 mile per hour speed limit; and WHEREAS, pursuant to Municipal Home Rule Law § 20(5), no local law be passed by the Town Board until a public hearing has been held thereon; and WHEREAS, the matters contemplated herein constitute a Type II action pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and accompanying regulations, see 6 NYCRR 617.5(c)(26) (“routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment), (33) (“adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list”), and therefore the Town Board determines that the requirements of SEQRA have been satisfied. NOW, THEREFORE, BE IT RESOLVED, the Town Board shall hold a public hearing on this matter on December 21, 2021 at 7:35 p.m. at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member ____________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Romeo voting __________ Town Board Member Freeman voting __________ Town Board Member Perticone voting __________ EXHIBIT A LOCAL LAW NO. _____ OF 2021 TO AMEND CHAPTER 222, Section 52, OF THE CODE OF THE TOWN OF IRONDEQUOIT Be it enacted by the Town Board of the Town of Irondequoit as follows: 1. Section 222-52 of the Code of the Town of Irondequoit is amended to add the following streets or parts thereof with a speed limit other than 30 miles per hour: Name of Street Speed Limit (mph) Location Bouckhart Drive 25 Entire length Brooktrout Lane 25 Entire Length Ontario View St 25 Entire Length Seneca Road 25 Culver Road to Sea Breeze Drive Sewilo Hills Drive Entire Length 2. This law shall be effective upon filing with the Secretary of State of New York, as required by the Municipal Home Rule Law. Resolution No. 2021-___________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED LOCAL LAW TO PROHIBIT PARKING AT ALL TIMES ON BEACH AVENUE 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 16th day of November, 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, at a regular meeting of the Town Board, Town Board Member ________ introduced a proposed local law to prohibit parking at all times on Beach Avenue, and the proposed local law is attached hereto as Exhibit A; and WHEREAS, parking has been prohibited on streets in the area near Beach Avenue for some time. Beach Avenue is a narrow road that services a handful of residents of which have adequate parking on their own properties. Residents in this area have requested the Town to Prohibit Parking at all times on Beach Avenue; and WHEREAS, pursuant to Municipal Home Rule Law, a local law may be adopted to amend Section 222-62 of Article XII of the Code of the Town of Irondequoit to include Beach Avenue as Parking Prohibited at All Times; and WHEREAS, pursuant to Municipal Home Rule Law § 20(5), no local law be passed by the Town Board until a public hearing has been held thereon; and WHEREAS, the matters contemplated herein constitute a Type II action pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and accompanying regulations, see 6 NYCRR 617.5(c)(26) (“routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment), (33) (“adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list”), and therefore the Town Board determines that the requirements of SEQRA have been satisfied. NOW, THEREFORE, BE IT RESOLVED, the Town Board shall hold a public hearing on this matter on December 21, 2021 at 7:36 p.m. at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member ____________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Romeo voting __________ Town Board Member Freeman voting __________ Town Board Member Perticone voting __________ EXHIBIT A LOCAL LAW NO. _____ OF 2021 TO AMEND CHAPTER 222, Section 62, OF THE CODE OF THE TOWN OF IRONDEQUOIT Be it enacted by the Town Board of the Town of Irondequoit as follows: 1. Section 222-62, of the Code of the Town of Irondequoit is amended to add to Schedule XII: Parking Prohibits at All Times, the following street: Name of Street Side Location Beach Avenue Both Entire Length 2. This law shall be effective upon filing with the Secretary of State of New York, as required by the Municipal Home Rule Law. Resolution No. 2021 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING BUDGET TRANSFER AND THE PURCHASE OF ONE (1) 2022 VEHICLE TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 16th day of November, 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, it is necessary for the Department of Public Works to purchase one (1) new 2022 Ford F-150 XLT 4x4 pickup truck; and WHEREAS, the Town is authorized to purchase through state contracts pursuant to Irondequoit Town Code 51-5(B)(3) and New York State General Municipal Law §104; and WHEREAS, Genesee Valley Ford has been awarded the New York State OGS Mini-bid No. 1379; and WHEREAS, the Town of Irondequoit placed mini bid #8290 on the New York State Office of General Services Vehicle Marketplace, and Genesee Valley Ford offered the lowest responsible bid of $36,400; and WHEREAS, the 2021 budget requires a transfer of fund balance for this vehicle purchase in the amount of $520.20 from the general fund to account number 001.1490.2155; and WHEREAS, funds will be made available in account #001.1490.2155 for this purchase. NOW, THEREFORE BE IT RESOLVED, the Town board authorizes the appropriation of fund balance in the amount of $520.20 from the general fund to account 001.1490.2155. AND BE IT RESOLVED, that the Town Board approves a purchase order in the amount of $36,400 with Genesee Valley Ford, for the purchase of one (1) new 2022 Ford F-150 XLT 4x4 pickup truck. AND BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute any and all documents related to this purchase. 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 ENTER INTO AN INTERMUNICIPAL AGREEMENT WITH SEA BREEZE FIRE 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 16th day of November, 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 owns and maintains a variety of equipment, facilities, grounds and public infrastructure; and WHEREAS, the Town repairs and maintains said equipment, facilities, grounds, and infrastructure by use of Town manpower, machinery, and expertise; and WHEREAS, the Town has the available manpower, machinery, and expertise to provide services to the Sea Breeze Fire District (the “District”) for the repair and maintenance of District equipment and infrastructure; and WHEREAS, the District is desirous of contracting with the Town to repair and maintain District equipment, infrastructure, facilities, and grounds on an as-needed basis, including but not limited to: 1. The repair, maintenance, resurfacing, sweeping, and reconstruction of parking lots, travel lanes, and drive lanes involving no substantial changes to the existing facility; and 2. The extension, repair, and maintenance of utilities and their related infrastructure; and 3. The inspection, repair, and servicing of equipment and vehicles; and 4. The management and maintenance of facilities and grounds including the mowing of fields, trimming of trees, and grounds management. (the “Cooperative Services”); 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 (11) (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) and therefore no further review is needed pursuant to the New York State Environmental Quality Review Act (6 NYCRR § 617.5(a)); and WHEREAS, Article 5-G, Section 119-o of the General Municipal Law specifically authorizes municipal corporations and school districts/fire districts to enter into intermunicipal cooperative agreements. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to enter into an intermunicipal agreement with the Sea Breeze Fire District to perform the Cooperative Services 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 _______ Town Board Member Perticone voting _______ INTERMUNICIPAL AGREEMENT FOR PAVEMENT MARKING SERVICES THIS AGREEMENT, made and entered into this ___ day of _____________, 2021, between the TOWN OF IRONDEQUOIT, a municipal corporation, having its offices at 1280 Titus Avenue, Rochester, New York 14617 (the “Town”) and the Sea Breeze Fire District, a fire district, having offices at 4657 Culver Rd, Rochester, NY 14622 (the “District”). WITNESSETH: WHEREAS, the Town owns and maintains a variety of equipment, facilities, grounds and public infrastructure; and WHEREAS, the Town repairs and maintains said equipment, facilities, grounds, and infrastructure by use of Town manpower, machinery, and expertise; and WHEREAS, the Town has the available manpower, machinery, and expertise to provide services to the District for the repair and maintenance of District equipment and infrastructure; and WHEREAS, the District is desirous of contracting with the Town for the purpose of obtaining such services; and WHEREAS, Article 5-G, Section 119-o of the General Municipal Law specifically authorizes municipal corporations, school districts and fire districts to enter into intermunicipal cooperative agreements. 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 services to repair and maintain District equipment, infrastructure, facilities, and grounds on an as-needed basis, including but not limited to: a. The repair, maintenance, resurfacing, sweeping, and reconstruction of parking lots, travel lanes, and drive lanes involving no substantial changes to the existing facility; and b. The extension, repair, and maintenance of utilities and their related infrastructure; and c. The inspection, repair, and servicing of equipment and vehicles; and d. The management and maintenance of facilities and grounds including the mowing of fields, trimming of trees, and grounds management. 2. Payment for Services: The District hereby agrees to pay the Town for all of its expenses incurred in performing the services hereunder, including but not limited to the pro-rata cost of the Town employees’ fringe labor rate, equipment fees and equipment rates, flat fees and/or tipping fees customarily charged by the Town for any of the services contemplated hereunder, and other costs and changes. The District shall pay the Town within thirty (30) days from the date the Town delivers an invoice for any work performed under this Agreement. The Commissioner of Public Works/Superintendent of the Highways will work directly with the Point Pleasant Fire District Chairman of Commission at the District with regard to the scheduling, budgeting, and performance of all work under this contract. 3. Term: This Agreement shall commence on the day it is fully executed by both parties and end three (3) years thereafter. 4. Insurance: Both the Town and the District do hereby 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 of work to be performed herein. 5. Indemnification: Pursuant to N.Y. Gen. Mun. Law § 119-o(3)(b), the District shall be liable and responsible to the Town for any loss of or damage to equipment employed in provision of the services or use of supplies upon provision of such services under this Agreement. The District further agrees to indemnify, defend and hold the Town harmless from and against all liabilities, losses, causes of action, damages, expenses, claims, suits and actions (“Claim”) related to the District’s and/or the District’s representatives, employees, and invitees, and/or the general public’s use of the area(s) benefited by this Agreement, except to the extent that any such Claim is caused by the negligence or misconduct of the Town. 6. Authority for Execution on Behalf of the Town: The 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 November 16, 2021, and John Perticone, Acting Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an agreement on behalf of the Town. This instrument may be executed in duplicate. 7. Authority for Execution on Behalf of the District: The District has executed this Agreement pursuant to a resolution adopted by the Fire District, at a meeting held on October 11, 2021. Ray Walker, Chairman of Commission, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an agreement on behalf of the District. This instrument may be executed in duplicate. 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: Commissioner of Public Works 2629 East Ridge Rd Rochester, New York 14622 To the District: Chairman of the Board 4657 Culver Road Rochester, New York 14622 9. Waiver: No waiver of any breach of any condition of the 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: This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. 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 date first above set forth. TOWN OF IRONDEQUOIT By: Name: John Perticone____________ Title: Acting Supervisor__________ Date: ______ Sea Breeze Fire District By: Name: Ray Walker_______________ Title: Chairman of the Board Date: Resolution No. 2021_______ EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION RENEWING ELECTRICAL SERVICES FOR THE TOWN OF IRONDEQUOIT FACILITIES At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 16th day of November, 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 at its February 22, 2019 meeting adopted a resolution (No. 2019-46) awarding a contract for electrical services for the Town of Irondequoit Facilities to Kaplan Schmidt Electric, Inc; and WHEREAS, pursuant to Section 3.1 of the contract bid terms and conditions, the Town Board may at its option extend the contract with Kaplan Schmidt Electric, Inc for up to two (2) additional one-year extensions; and WHEREAS, the Town wishes to renew the contract for an additional year ending December 31, 2022 under the same conditions and cost; and WHEREAS, funding for this expense will be available in each applicable department. NOW, THEREFORE BE IT RESOLVED, the Town Board renews, for one year through December 31, 2022, the contract for electrical services for the Town of Irondequoit Facilities to Kaplan Schmidt Electric, Inc.; AND, BE IT FURTHER RESOLVED THAT, the Town Board authorizes the Town Supervisor to execute any and all documents related to this extension. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member _________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting_____________ Town Board Member Perticone voting_____________ Town Board Member Romeo voting _____________ Town Board Member Freeman voting ___ _________ Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING AWARD OF ZERO TURN LAWN MOWER 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 16th day of November, 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, it is necessary to purchase a lawn mower to be used in various Town parks; and WHEREAS, the Town of Irondequoit issued an Invitation to Bid and caused the Notice to Bid to be published in the Daily Record on October 29, 2021 as well as publishing the Invitation to Bid on the Town website in compliance with General Municipal Law § 103, Chapter 51 of the Irondequoit Town Code, requesting bids for Zero Turn Mower (Town Bid No. 2021-11), in order to compute the best value to the Town; and WHEREAS, sealed bids were received and publicly opened and read on November 8, 2021; and WHEREAS, the lowest responsible bid was received from Brodner Equipment in the amount of $26,789; and WHEREAS, funding for this expense will be available account #001.7110.2130; and NOW THEREFORE BE IT RESOLVED, that the Town Board awards the Zero Turn Lawn Mower to Brodner Equipment in the amount of $26,789. AND, BE IT FURTHER RESOLVED THAT, that the Town Board authorizes the purchase of said mower from account #001.7110.2130. 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 BUDGET TRANSFER AND AWARDING BID FOR ELECTRIC SCISSORS LIFT 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 16th day of November, 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, it is necessary to obtain an electric scissors lift to be used in the Department of Public Works as well as the Irondequoit Community Center to safely reach high places; and WHEREAS, the Town of Irondequoit issued an Invitation to Bid and caused the Notice to Bid to be published in the Daily Record on October 28, 2021 as well as publishing the Invitation to Bid on the Town website in compliance with General Municipal Law § 103, Chapter 51 of the Irondequoit Town Code, requesting bids for Electric Scissors Lift (Town Bid No. 2021-10), in order to compute the best value to the Town; and WHEREAS, sealed bids were received and publicly opened and read on November 5, 2021; and WHEREAS, the lowest responsible bidder was Admar Supply in the amount of $26,300; and WHEREAS, the 2021 budget requires an appropriation transfer for this piece of equipment from account # 001.1623.4521.0000.7163 to account #001.1623.2130.0000.7163 in the amount of $16,000; and WHEREAS, funding will be available in 001.1623.2130.0000.7163 in the amount of $16,000, and the balance will be available in CIP 342. NOW THEREFORE BE IT RESOLVED, the Town Board authorizes the transfer of $16,000 from account #001.1623.4521.0000.7163 to account #001.1623.2130.0000.7163. AND, BE IT FURTHER RESOLVED THAT, that the Town Board awards the Electric Scissors Lift to Admar Supply in the amount of $26,300. AND, BE IT FURTHER RESOLVED THAT, the Town Board approves a purchase order in the amount of $26,300 with Admar Supply for the purchase of an electric scissors lift funding in the amount of $16,000 from account # 001.1623.2130.0000.7163 and $10,300 from CIP fund 342. AND, BE IT FURTHER RESOLVED THAT, that the Town Board authorizes the Town Supervisor to execute any and all documents related to this award. 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 APPROVING REVISED FEE SCHEDULE FOR THE IRONDEQUOIT CEMETERY 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 16th day of November, 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 provides the community with a dignified and comforting environment to intern, mourn, respect and honor the deceased; and WHEREAS, the Irondequoit Cemetery charges various fees for cemetery sites, monuments, services (such as internment), and the use of mausoleums and columbarium niches; and WHEREAS, the fee schedule for the Irondequoit Cemetery (“Fee Schedule”) should be slightly increased on an annual basis to sufficiently meet the needs and costs of the Irondequoit Cemetery; and WHEREAS, pursuant to Town Code Section 1-18, the Commissioner of Public Works (“Commissioner”) may establish the fees for the Irondequoit Cemetery, subject to Town Board approval; and WHEREAS, the Commissioner recommends revising the Fee Schedule to modify the prices for certain Irondequoit Cemetery sites, services, and facilities, and to re-designate and recategorize certain services, in the form annexed hereto as Appendix A (the “Revised Fee Schedule”); and WHEREAS, the Revised Fee Schedule is necessary and appropriate to ensure the continued success of the Irondequoit Cemetery. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the Revised Fee Schedule for the Irondequoit Cemetery, attached hereto as Appendix A, to take effect beginning January 1, 2022. This resolution shall take effect immediately. 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 _______ Appendix A Burial Fees Interment Disinterment Full Body In-Ground Adult $640 $1,000 Infant/ Child $155 $250 Full Body Mausoleum Adult $485 $525 Infant/Child $150 $200 Casket Storage $100 Cremation In-Ground Adult $410 $450 Double Cremains (1 Vault) $460 $500 Double Cremains (2 Vaults) $560 $600 Infant/Child $50 $100 Cremated Body in Casket $250 Cremation Niche Adult- Single Urn $255 $300 Adult - Double (2 Sets of Cremated Remains) $360 $400 Infant/Child $50 $100 *Secondary Burial Right $300 Foundations Flat Memorial Monumented Memorial 1 Grave $130 $175 2 Graves $155 $200 Stone Removal/ Disposal $155 Replacement Plaques Matthews $870 Cold Springs $360 Overtime (Saturdays/Sundays/Holidays or Weekdays after 3pm) Full Interment $500 Cremated Remains $300 Replacement Deed/ Deed Transfer $25 *Secondary burial right will be added when name doesn’t appear on the deed or memorial. Fee will be added to interment cost. Prices effective January 1st, 2022 Grave Specification Flat Stone Monumented Stone Full Body Burial Options Single Grave (1) $1,070 $1,275 Double Grave Lot (2) $1,685 $2,295 Triple Grave Lot (3) $2,805 $3,315 Quadruple Grave Lot (4) $3,417 $3,825 Veterans Circle $865 Infant Grave $150 In Ground Cremation Options Veterans Circle $685 N/A Cremation Section $715 $1,225 *Columbarium Single- $1,100 Double- $1,800 (Double Depth - Single Plaque) Double- $2,040 (Side by Side- Two Plaques) *Mausoleum- Single Crypt Tier Exterior Interior F $2,690 $2,990 E $2,790 $3,210 D $2,935 $3,415 C $3,195 $3,775 B $3,193 $3,775 A $3,040 $4,580 *Mausoleum- Double Crypt Tier Exterior Interior F $4,110 $4,975 E $4,315 $5,145 D $4,520 $5,500 C $4,920 $6,110 B $4,920 $6,110 A $4,920 $5,735 *Price includes bronze memorial plaque All prices include perpetual care in accordance with NYS law Prices effective January 1st, 2022 Overtime Fees are applied in addition to Regular Service Fees Any Saturday or Sunday Regular Weekdays after 3pm The following Holidays New Year’s Day Friday, December 31, 2021 Martin Luther King Day Monday, January 17, 2022 Presidents Day Monday, February 21,2022 Good Friday Friday, April 15, 2022 Memorial Day Monday, May 30, 2022 Independence Day Monday, July 4, 2022 Labor Day Monday, September 5, 2022 Columbus Day Monday, October 10, 2022 Veterans Day Friday, November 11, 2022 Thanksgiving Thursday, November 24, 2022 Day after Thanksgiving Friday, November 25, 2022 Christmas Day (observed) Friday, December 26, 2022 Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF $250,000 WORTH OF GRANT FUNDING FROM THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK FROM SENATOR BROUK At the regular meeting of the Town Board of the Town of Irondequoit (“Town”), Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town, on the 16th day of November, 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 Dormitory Authority of the State of New York (“DASNY”), through its State and Municipalities Facilities Program, via a Legislative Member Item Award from Senator Brouk, has made available to the Town $250,000 in grant funding toward the construction of the Town Hall Campus Redevelopment (the “Grant”) as shown in Attachment (“A”); and WHEREAS, the Town Hall Campus Redevelopment (the “Project”) is advisable and in the best interest of the Town; and WHEREAS, it is advisable and in the best interest of the Town to fund the Project in part with the Grant funding; and WHEREAS, the Town of Irondequoit desires to apply for this grant funding; and WHEREAS, the Town of Irondequoit seeks approval to accept this grant funding. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor and / or Acting Supervisor to submit an application for $250,000 in grant funding from DASNY toward Project. AND, BE IT FURTHER RESOLVED, that the Town Board accepts the Grant. AND, BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to apply for the Grant and that the form, terms and provisions of that certain Grant Disbursement Agreement between the DASNY and the Town, in substantially the form annexed hereto as Attachment A and in final form and substance to be approved by the Town Supervisor, and his 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 be, and hereby is, authorized, empowered and directed to take all such further actions and to execute, deliver, certify and file all such further agreements, undertakings, certificates, instruments and documents, in the name of and on behalf of the Town, and to pay all such costs, fees and expenses as the Town Supervisor shall approve as necessary or advisable to carry out the intent and accomplish the purposes of the foregoing recitals and resolution and the transactions contemplated thereby, the taking of such actions and the execution, delivery, certification and filing of such documents to be conclusive evidence of such approval. AND, BE IT FURTHER RESOLVED, that any and all actions taken by the Town Supervisor or his designee prior to the 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 _______ Attachment A (Grant Disbursement Agreement) 1 9803721_1 This GRANT DISBURSEMENT AGREEMENT includes all exhibits and attachments hereto and is made on the terms and by the parties listed below and relates to the project described below: DORMITORY AUTHORITY OF THE STATE OF NEW YORK (“DASNY”): 515 Broadway Albany, New York 12207 Contact: Phone: E-mail: grants@dasny.org THE GRANTEE: Town of Irondequoit 1280 Titus Avenue Rochester, NY 14617 Contact: The Honorable David Seeley Phone: (595) 336-6034 Email: dseeley@irondequoit.org THE PROJECT: PROJECT LOCATION: PROJECT ADDRESS: GRANT AMOUNT: $ FUNDING SOURCE: For Office Use Only: REDI APPLICATION DATE: EXPIRATION DATE OF THIS AGREEMENT: Project ID: FMS#: GranteeID: GrantID: REDUCE INVOICE AMOUNT BY 5%: YES NO 2 9803721_1 TERMS AND CONDITIONS 1. The Project The Grantee will perform tasks within the scope of the project description, budget, and timeline as set forth in the Project Budget attached hereto as Exhibit A (collectively, the “Project”) which was described by the Grantee in the REDI Application submitted by the Grantee, then reviewed by DASNY and approved by the State. 2. Project Budget and Use of Funds a) The Grantee will undertake and complete the Project in accordance with the overall budget, which includes the Grant funds, as set forth in the attached Exhibit A. The Grant will be applied to eligible expenses which are as described in the REDI Application, and fall within the scope of the project description set forth in the attached Exhibit A. b) Grantee agrees and covenants to apply the Grant proceeds only to capital works or purposes, which shall consist of the following: i. the acquisition, construction, demolition, or replacement of a fixed asset or assets; ii. the major repair or renovation of a fixed asset, or assets, which materially extends its useful life or materially improves or increases its capacity; or iii. the planning or design of the acquisition, construction, demolition, replacement, major repair or renovation of a fixed asset or assets, including the preparation and review of plans and specifications including engineering and other services, field surveys and sub-surface investigations incidental thereto. c) Grantee agrees and covenants that the Grant proceeds shall not be used for costs that are not capital in nature, which include, but shall not be limited to working capital, rent, utilities, salaries, supplies, administrative expenses, or to pay down debt incurred to undertake the Project. d) No addition, modification or deletion to the GDA shall be effective without submission of a Project Change Request in the form of Exhibit F. The Project Change Request must be accepted by the Oversight Agency and approved by the REDI Commission. 3. Books and Records The Grantee will maintain accurate books and records concerning the Project for six (6) years from the date the Project is completed and will make those books and records available to DASNY, its agents, officers and employees during Grantee’s business hours upon reasonable request. In the event of earlier termination of this Agreement, such documentation shall be made available to DASNY, its agents, officers and employees for six (6) years following the date of such early termination. 3 9803721_1 4. Conditions Precedent to Disbursement of the Grant No Grant funds shall be disbursed until the following conditions have been satisfied: a) DASNY has received the project description, budget, and timeline as set forth in the attached Exhibit A, and an opinion of Grantee’s counsel, in substantially the form attached hereto as Exhibit B; and b) The requirements of the REDI Program have been met including, but not limited to contributing a minimum of 5% of the REDI Project Amount ; and c) The monies required to fund the Grant have been received by DASNY; and d) In the event of disbursement pursuant to paragraph 5(b) below, the Grantee has provided DASNY with documentation evidencing that a segregated account has been established by the Grantee into which Grant funds will be deposited (the “Segregated Account”). Eligible Expenses incurred in connection with the Project to be financed with Grant proceeds that are to be paid on invoice shall be paid out of the Segregated Account. The funds in such account shall not be used for any other purpose. e) The Grantee certifies that it is in compliance with the provisions of the REDI Program as well as this Agreement and that the Grant will only be used for the Project set forth in the REDI Application and in Exhibit A hereto. f) Not-for-profit organizations are required to register and prequalify on the New York State Grants Gateway (https://grantsmanagement.ny.gov/) in order to receive Grant funds. The Grantee’s Document Vault must be in prequalification status prior to any disbursements of the grant funds. 5. Disbursement Subject to the terms and conditions contained in this Agreement, DASNY shall disburse the Grant to the Grantee, in the manner set forth in Exhibit D, as follows: a) Reimbursement: DASNY shall make payment directly to the Grantee in the amount of Eligible Expenses actually incurred and paid for by the Grantee, upon presentation to DASNY of: i. the Payment Requisition Forms attached to this Agreement as Exhibit E and its attachments; ii. copies of invoices for Eligible Expenses from the Grantee’s contractor and/or vendor and proof of payment from the Grantee to the contractor and/or vendor in a form acceptable to DASNY; and iii. such additional supporting documentation as DASNY may require in order to clearly demonstrate that Eligible Expenses were incurred and paid by the Grantee in connection with the Project described herein; or 4 9803721_1 b) Payment on Invoice: i. DASNY may make payment directly to the Grantee in the amount of Eligible Expenses actually incurred by the Grantee, upon presentation to DASNY of: 1) the Payment Requisition Forms attached to this Agreement as Exhibit E and its attachments; 2) copies of invoices for Eligible Expenses from the Grantee’s contractor and/or vendor in a form acceptable to DASNY evidencing the completion of work; and 3) such additional supporting documentation as DASNY may require in order to clearly demonstrate that Eligible Expenses were incurred by the Grantee in connection with the Project described herein. ii. The Grantee must deposit all Grant proceeds paid on invoice pursuant to this paragraph 5(b) into the Segregated Account established pursuant to Paragraph 4(d). All Eligible Expenses incurred in connection with the Project to be financed with Grant funds that are to be paid on invoice must be paid out of this account. The account shall not be used for any other purpose. iii. The Grantee must provide proof of disbursement of Grant funds to the respective contractor and/or vendor in a form acceptable to DASNY, within sixty (60) days of the date that Grant funds are disbursed to the Grantee to pay for such costs. DASNY will not make any additional disbursements from Grant funds until such time as proof of payment is provided. iv. Utilizing the Grant funds paid to the Grantee pursuant to this section for any purpose other than paying the contractors and/or vendors identified in the requisition documentation in the amounts set forth in the requisition shall constitute a default under this Agreement and shall, at a minimum, result in the denial of payment on invoice for subsequent requisitions. v. DASNY may deny payment on invoice at its sole and absolute discretion, thereby restricting the method of payment pursuant to this contract to reimbursement subject to the terms of Section 5(a). c) Real Property Acquisition: i. Prior to closing on the sale of the subject real property, DASNY shall be provided with an executed Escrow Instruction Letter, signed by DASNY and an escrow agent approved by DASNY, a title report, the draft deed and any other documents requested by DASNY to justify and support the costs to be paid at the closing from Grant funds. ii. DASNY shall transfer the Grant funds to the escrow agent to hold in escrow pending closing. The Grant funds will be wired to the escrow agent not more than one (1) business day prior to the scheduled closing unless otherwise approved by DASNY. 5 9803721_1 iii. On the day of the closing, the escrow agent shall provide DASNY with copies of the executed deed, a copy of the title insurance policy, the final closing statement setting forth costs to be paid at closing, and copies of any checks to be drawn against Grant funds. iv. Upon DASNY approval, the escrow agent shall disburse the Grant funds as set forth in the documentation described in (iii), above. d) Electronic Payments Program: DASNY reserves the right to implement an electronic payment program (“Electronic Payment Program”) for all payments to be made to the Grantee thereunder. Prior to implementing an Electronic Payment Program, DASNY shall provide the Grantee written notice one hundred twenty days prior to the effective date of such Electronic Payment Program (“Electronic Payment Effective Date”). Commencing on or after the Electronic Payment Effective Date, all payments due hereunder by the Grantee shall only be rendered electronically, unless payment by paper check is expressly authorized by DASNY. Commencing on or after the Electronic Payment Effective Date the Grantee further acknowledges and agrees that DASNY may withhold any request for payment hereunder, if the Grantee has not complied with DASNY’s Policies and Procedures relating to its Electronic Payment Program in effect at such time, unless payment by paper check is expressly authorized by DASNY. e) In no event will DASNY make any payment which would cause DASNY’s aggregate disbursements to exceed the Grant amount. f) The Grant, or a portion thereof, may be subject to recapture by DASNY as provided in Section 9(c) hereof. 6. Non-Discrimination and Affirmative Action The Grantee shall make its best effort to comply with DASNY’s Non-Discrimination and Affirmative Action policies set forth in Exhibit G to this Agreement. 7. No Liability of DASNY or the State DASNY shall not in any event whatsoever be liable for any injury or damage, cost or expense of any nature whatsoever that occurs as a result of or in any way in connection with the Project and the Grantee hereby agrees to indemnify and hold harmless DASNY, the State and their respective agents, officers, employees and directors (collectively, the “Indemnitees”) from and against any and all such liability and any other liability for injury or damage, cost or expense resulting from the payment of the Grant by DASNY to the Grantee or use of the Project in any manner, including in a manner which, if the bonds are issued on a tax-exempt basis, (i) results in the interest on the bonds issued by DASNY the proceeds of which were used to fund the Grant (the “Bonds”) to be includable in gross income for federal income tax purposes or (ii) gives rise to an allegation against DASNY by a governmental agency or authority, which DASNY defends that the interest on the Bonds is includable in gross income for federal income tax purposes, other than that caused by the gross negligence or the willful misconduct of the Indemnitees. 6 9803721_1 8. Warranties and Covenants The Grantee warrants and covenants that: a) The Grant shall be used solely for Eligible Expenses in accordance with the Terms and Conditions of this Agreement. b) No materials, if any, purchased with the Grant will be used for any purpose other than the eligible Project costs as identified in Exhibit A. c) The Grantee agrees to utilize all funds disbursed in accordance with this Agreement in accordance with the terms of the REDI Program. d) The Grantee is solely responsible for all Project costs in excess of the Grant. The Grantee will incur and pay Project costs and submit requisitions for reimbursement in connection with such costs. e) The Grantee has sufficient, secured funding for all Project costs in excess of the Grant, and will complete the Project as described in the REDI Application and in this Agreement. f) The Grantee agrees to use its best efforts to utilize the Project for substantially the same purpose set forth in this Agreement until such time as the Grantee determines that the Project is no longer reasonably necessary or useful in furthering the public purpose for which the grant was made. g) There has been no material adverse change in the financial condition of the Grantee since the date of submission of the REDI Application to DASNY. h) No part of the Grant will be applied to any expenses paid or payable from any other external funding source, including State or Federal grants, or grants from any other public or private source. i) The Grantee owns, leases, or otherwise has control over the site where the Project will be located. If the Project includes removable equipment or furnishings including but not limited to, computer hardware and software, air conditioning units, lab equipment, office furniture and telephone systems, Grantee will develop, implement and maintain an inventory system for tracking such removable equipment and furnishings. j) In the event the Grantee will utilize the Grant funds to acquire real property, the Grantee must retain title ownership to the real property. If at any time during the term of this Agreement the real property is repurchased by the Seller or otherwise conveyed to any entity other than the Grantee, the Grantee will notify DASNY within 10 business days from the date the contract of sale is executed OR within 10 business days from the date the Grantee initiates or is notified of the intent to transfer ownership of the real property, whichever is earlier. In that event, Grantee hereby agrees to repay to DASNY all Grant funds disbursed pursuant to this Agreement. k) The Project to be funded by the Grant will be located in the State of New York. If the Grant will fund all or a portion of the purchase of any type of vehicle, such vehicle will 7 9803721_1 be registered in the State of New York and a copy of the New York State Vehicle Registration documents will be provided to DASNY’s Accounts Payable Department at the time of requisition. l) Grantee is in compliance with, and shall continue to comply in all material respects, with all applicable laws, rules, regulations and orders affecting the Grantee and the Project including but not limited to maintaining the Grantee’s document vault on the New York State Grants Reform Gateway (https://grantsmanagement.ny.gov/). m) The Grantee has obtained all necessary consents and approvals from the property owner in connection with any work to be undertaken in connection with the Project. n) All contractors and vendors retained to perform services in connection with the Project shall be authorized to do business in the State of New York and/or filed such documentation, certifications, or other information with the State or County as required in order to lawfully provide such services in the State of New York. In addition, said contractor/vendors shall possess and maintain all professional licenses and/or certifications required to perform the tasks undertaken in connection with the Project. o) Neither the Grantee nor any of the members of its Board of Directors or other governing body or its employees have given or will give anything of value to anyone to procure the Grant or to influence any official act or the judgment of any person in the performance of any of the terms of this Agreement. p) The Grant shall not be used in any manner for any of the following purposes: i. political activities of any kind or nature, including, but not limited to, furthering the election or defeat of any candidate for public, political or party office, or for providing a forum for such candidate activity to promote the passage, defeat, or repeal of any proposed or enacted legislation; ii. religious worship, instruction or proselytizing as part of, or in connection with, the performance of this Agreement; iii. payments to any firm, company, association, corporation or organization in which a member of the Grantee’s Board of Directors or other governing body, or any officer or employee of the Grantee, or a member of the immediate family of any member of the Grantee’s Board of Directors or other governing body, officer, or employee of the Grantee has any ownership, control or financial interest, including but not limited to an officer or employee directly or indirectly responsible for the preparation or the determination of the terms of the contract or other arrangement pursuant to which the proceeds of the Grant are to be disbursed. For purposes of this paragraph, “ownership” means ownership, directly or indirectly, of more than five percent (5%) of the assets, stock, bonds or other dividend or interest-bearing securities; and “control” means serving as a member of the board of directors or other governing body, or as an officer in any of the above; and 8 9803721_1 iv. payment to any member of Grantee’s Board of Directors or other governing body of any fee, salary or stipend for employment or services, except as may be expressly provided for in this Agreement. q) The relationship of the Grantee (including, for purposes of this paragraph, its officers, employees, agents and representatives) to DASNY arising out of this Agreement shall be that of an independent contractor. The Grantee covenants and agrees that it will conduct itself in a manner consistent with such status, that it will neither hold itself out as, nor claim to be, an officer, employee, agent or representative of DASNY or the State by reason hereof, and that it will not by reason thereof, make any claim, demand or application for any right or privilege applicable to an officer, employee, agent or representative of DASNY or the State, including without limitation, worker’s compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. r) The information contained in the REDI Application submitted by the Grantee in connection with the Project and the Grant, as such may have been amended or supplemented and any supplemental documentation requested by the State or DASNY in connection with the Grant, is incorporated herein by reference in its entirety. In the event of an inconsistency between the descriptions, conditions, and terms of this Agreement and those contained in the REDI Application, the provisions of this Agreement shall govern. The Grantee hereby acknowledges that DASNY has relied on the statements and representations made by the Grantee in the REDI Application and any supplemental information in making the Grant. The Grantee hereby represents and warrants that it has made no material misstatement or omission of fact in the REDI Application, supplemental information, or otherwise in connection with the Grant and that the information contained in the REDI Application and supplemental information continues on the date hereof to be materially correct and complete. s) The Grantee hereby represents and warrants that it has made no material misstatement or omission of fact in the Grantee Questionnaire (“GQ”), attached hereto as Exhibit C, or the Grantee’s document vault in the New York State’s Grants Reform Gateway completed by the Grantee in connection with the Project and the Grant, and that the responses in the GQ and the document vault continue on the date hereof to be materially correct and complete. The Grantee hereby acknowledges that DASNY has relied on the statements and representations made by the Grantee in the GQ in making the Grant, and that the Grantee will be required to reaffirm the information therein each time a requisition for grant funds is presented to DASNY. t) The Grantee is duly organized, validly existing and in good standing under the laws of the State of New York, or is duly organized and validly existing under the laws of another jurisdiction and is authorized to do business and is in good standing in the State of New York and shall maintain its corporate existence in good standing in each such jurisdiction for the term of this Agreement, and has full power and authority to execute and deliver the Agreement and to perform its obligations thereunder; u) The Grantee agrees to provide such documentation to DASNY as may be requested by DASNY in its sole and absolute discretion to support a requisition for payment, to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by DASNY in connection with the Grant, and further 9 9803721_1 acknowledges that if documentation requested in connection with a requisition for payment does not, in the sole and absolute discretion of DASNY, provide adequate support for the costs requested, that such requisition request shall be denied and payment shall not be made to the Grantee. v) The Agreement was duly authorized, executed and delivered by the Grantee and is binding on and enforceable against the Grantee in accordance with its terms. w) The Grantee has contributed, or will contribute, the standard matching requirement for the required non-state funds contribution of the Project costs in a form allowed by the Program. The Grantee’s matching requirement is 5% of the REDI Project Amount. 9. Default and Remedies a) Each of the following shall constitute a default by the Grantee under this Agreement: i. Failure to perform or observe any obligation, warranty or covenant of the Grantee contained herein, or the failure by the Grantee to perform the requirements herein to the reasonable satisfaction of DASNY and within the time frames established therefor under this Agreement. ii. Failure to comply with any request for information reasonably made by DASNY to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by DASNY in connection with the Grant. iii. The making by the Grantee of any false statement or the omission by the Grantee to state any material fact in or in connection with this Agreement or the Grant, including information provided in the REDI Application or in any supplemental information that may be requested by the State or DASNY. iv. The Grantee shall (A) be generally not paying its debts as they become due, (B) file, or consent by answer or otherwise to the filing against it of, a petition under the United States Bankruptcy Code or under any other bankruptcy or insolvency law of any jurisdiction, (C) make a general assignment for the benefit of its general creditors, (D) consent to the appointment of a custodian, receiver, trustee or other officer with similar powers of itself or of any substantial part of its property, (E) be adjudicated insolvent or be liquidated or (F) take corporate action for the purpose of any of the foregoing. v. An order of a court having jurisdiction shall be made directing the sale, disposition or distribution of all or substantially all of the property belonging to the Grantee, which order shall remain undismissed or unstayed for an aggregate of thirty (30) days. vi. The Grantee abandons the Project prior to its completion. vii. The Grantee is found to have falsified or modified any documents submitted in connection with this grant, including but not limited to invoice, contract or 10 9803721_1 payment documents submitted in connection with a Grantee’s request for payment/reimbursement. viii. Utilizing the Grant funds paid to the Grantee pursuant to Section 5(b) for any purpose other than paying the contractors and/or vendors identified in the requisition documentation in the amounts set forth in the requisition. b) Upon the occurrence of a default by the Grantee and written notice by DASNY indicating the nature of the default, DASNY shall have the right to terminate this Agreement. c) Upon any such termination, DASNY may withhold any Grant proceeds not yet disbursed and may require repayment of Grant proceeds already disbursed. If DASNY determines that any Grant proceeds had previously been released based upon fraudulent representations or other willful misconduct, DASNY may require repayment of those funds and may refer the matter to the appropriate authorities for prosecution. DASNY shall be entitled to exercise any other rights and seek any other remedies provided by law. 10. Term of Agreement Notwithstanding the provisions of Section 9 hereof, this Agreement shall terminate three (3) years after the latest date set forth on the front page hereof without any further notice to the Grantee. DASNY, in its sole discretion, may extend the term of this Agreement upon a showing by the Grantee that the Project is under construction and is expected to be completed within the succeeding twelve (12) months. All requisitions must be submitted to DASNY in proper form prior to the termination date in order to be reimbursed. 11. Project Audit DASNY shall, upon reasonable notice, have the right to conduct, or cause to be conducted, one or more audits, including field inspections, of the Grantee to assure that the Grantee is in compliance with this Agreement. This right to audit shall continue for six (6) years following the completion of the Project or earlier termination of this Agreement. 12. Survival of Provisions The provisions of Sections 3, 7, 8(o), 8(p) and 11 shall survive the expiration or earlier termination of this Agreement. 13. Notices Each notice, demand, request or other communication required or otherwise permitted hereunder shall be in writing and shall be effective upon receipt if personally delivered or sent by any overnight service or three (3) days after dispatch by certified mail, return receipt requested, to the addresses set forth on this document’s cover page. 14. Assignment The Grantee may not assign or transfer this Agreement or any of its rights hereunder. 11 9803721_1 15. Modification This Agreement may be modified only by a written instrument executed by the party against whom enforcement of such modification is sought and in accordance with Section 2(d) of this Agreement. 16. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York. This Agreement shall be construed without the aid of any presumption or other rule of law regarding construction against the party drafting this Agreement or any part of it. In case any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such provision(s) had never been contained herein. 17. Confidentiality of Information Any information contained in reports made to DASNY or obtained by DASNY as a result of any audit or examination of Grantee’s documents or relating to trade secrets, operations and commercial or financial information, including but not limited to the nature, amount or source of income, profits, losses, financial condition, marketing plans, manufacturing processes, production costs, productivity rates, or customer lists, provided that such information is clearly marked “confidential” by the Grantee that concerns or relates to trade secrets, operations and commercial or financial information, including but not limited to the nature, amount or source of income, profits, losses or expenditures, financial condition, marketing plans, manufacturing processes, production costs, productivity rates, or customer lists, which is determined by DASNY to be exempt from public disclosure under the Freedom of Information Law, shall be considered business confidential and is not to be released to anyone, except DASNY and staff directly involved in assisting the Grantee, without prior written authorization from the Grantee, as applicable. Notwithstanding the foregoing, DASNY will not be liable for any information disclosed, in DASNY’s sole discretion, pursuant to the Freedom of Information Law, or which DASNY is required to disclose pursuant to legal process. 18. Executory Clause This Agreement shall be deemed executory to the extent of monies available for the REDI Program to DASNY. 12 9803721_1 Town of Irondequoit Project ID This agreement is entered into as of the latest date written below: GRANTEE: TOWN OF IRONDEQUOIT /GRANTEESIGNATURE/ (Signature of Grantee Authorized Officer) /GRANTEENAME/ /GRANTEETITLE/ (Printed Name and Title) Date: /GRANTEESIGNEDDATE/ DORMITORY AUTHORITY OF THE STATE OF NEW YORK /DASNYSIGNATURE/ (Signature of DASNY Authorized Officer) /DASNYSIGNATURENAME/ /DASNYTITLE/ (Printed Name) Date: /DASNYSIGNEDDATE/ DASNY OFFICE USE ONLY GRANTS ADMIN REVIEW FINAL LEGAL REVIEW APPROVED FOR LEGAL REVIEW: /GAAPPROVER/ APPROVED FOR SIGNATURE: /DASNYAPPROVER/ DATE: /GAAPPROVEDDATE/ DATE: /DASNYAPPROVEDDATE/ 13 9803721_1 GRANT DISBURSEMENT AGREEMENT EXHIBITS EXHIBIT A Project Budget EXHIBIT B Opinion of Counsel EXHIBIT C Grantee Questionnaire EXHIBIT D Disbursement Terms EXHIBIT E Payment Requisition Form and Dual Certification EXHIBIT E-1 Payment Requisition Cover Letter EXHIBIT E-2 Payment Requisition Back-up Summary EXHIBIT F Non-Discrimination and Affirmative Action Policy 14 9803721_1 EXHIBIT A: Project Budget Town of Irondequoit Project ID USE OF FUNDS TIMELINE SOURCES Tot al Anticipated Dates** DASNY Share In-Kind/Equity/Sponsor Other Sources Project Description* Start End Amount Source Name Amount Entity Name Amount MO. /STARTD/ /ENDD/ $ $ $ $ * Please note that the project description as set forth in this column must summarize the scope of the Eligible Expenses set forth in the REDI Application as per Section 2(a) of this Agreement for which reimbursement or payment on invoice will be sought. Please ensure that the project description is an appropriate summary of the Eligible Expenses for which grantee will be submitting for requisition. The failure to ensure all Eligible Expenses are consistent with the project description may delay payment. ** Please be sure to complete the anticipated start and end dates in the Project timeline. 15 9803721_1 EXHIBIT B: Opinion of Counsel DASNY 515 Broadway Albany, New York 12207 Attn: Michael E. Cusack, General Counsel Re: Lake Ontario Resiliency and Economic Development Initiative (“REDI”) Grant Project ID Ladies and Gentlemen: I have acted as counsel to Town of Irondequoit (the “Grantee”) in connection with the Project referenced above. In so acting, I have reviewed a certain Grant Disbursement Agreement between you and the Grantee (the “Agreement”) and such other documents as I consider necessary to render the opinion expressed hereby. Based on the foregoing, I am of the opinion that: 1. the Grantee is duly organized, validly existing and in good standing under the laws of the State of New York or, is duly organized and validly existing under the laws of another jurisdiction. The Grantee is authorized to do business and is in good standing in the State of New York and has full power and authority to execute and deliver the Agreement and to perform its obligations thereunder; and 2. the Agreement was duly authorized, executed and delivered by the Grantee and is binding on and enforceable against the Grantee in accordance with its terms. RD_1 By selecting this option and providing my electronic signature, I hereby execute and deliver a validly binding legal opinion in the form of this Exhibit B, just the same as a pen-and-paper signature on a separate document. /ATTORNEYSIG/ /ATTORNEYNAME/ /ATTORNEYFIRM/ RD_2 Approved – Legal Opinion attached /ATTACHOPINION/ /ATTORNEYNAMEATTACH/ /ATTORNEYFIRMATTACH/ 16 9803721_1 **Instructions – Grantee’s Attorney will choose appropriate response . If “Approved as to form” is checked, the Attorney will DocuSign form. If “Approved – Legal Opinion attached” is checked, the Attorney must attach a legal opinion using the language provided in this exhibit. EXHIBIT C: Grantee Questionnaire PLEASE READ THE FOLLOWING: 1) You are acknowledgeing the following regarding the included Grantee Questionnaire: • This inserted Grantee Questionnaire is an accurate and true copy of such previously submitted DASNY Grantee Questionnaire. • The Grantee certifies that there has been no material change in the information provided in the Grantee Questionnaire. 17 9803721_1 EXHIBIT D: Disbursement Terms Town of Irondequoit Project ID Subject to the terms and conditions contained in this Agreement, DASNY shall disburse the Grant to the Grantee as follows: Standard Reimbursement DASNY shall make payment to the Grantee, no more frequently than monthly, based upon Eligible Expenses (as set forth and in accordance with the schedule in Exhibit A) actually incurred by the Grantee, in compliance with Exhibit A and upon presentation to DASNY of the Payment Requisition Forms attached to this Agreement as Exhibit E and its attachments, together with such supporting documentation as DASNY may require in order to clearly demonstrate that Eligible Expenses were actually incurred by the Grantee in connection with the Project described herein. Payment shall be made by reimbursement, subject to the terms and conditions of Sections 4 and 5(a) of this Agreement; by payment on invoice subject to the terms and conditions of Sections 4 and 5(b) of this Agreement; or, for real property acquisition, subject to the terms and conditions of Sections 4 and 5(c) of this Agreement. Supporting documentation acceptable to DASNY must be provided prior to payment, including invoices and proof of payment in a form acceptable to DASNY. If the fronts and backs of canceled checks cannot be obtained from the Grantee’s financial institution, a copy of the front of the check must be provided, along with a copy of a bank statement clearly showing that payment was made by the Grantee to the contractor. DASNY reserves the right to request additional supporting documentation in connection with requests for payment, including the backs of canceled checks, certifications from contractors or vendors, or other documentation to verify that grant funds are properly expended. Please note that quotes, proposals, estimates, purchase orders, and other such documentation do NOT qualify as invoices. The Grantee agrees to provide such documentation to DASNY as may be requested by DASNY in its sole and absolute discretion to support a requisition for payment, to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by DASNY in connection with the Grant, and further acknowledges that if documentation requested in connection with a requisition for payment does not, in the sole and absolute discretion of DASNY, provide adequate support for the costs requested, that such requisition request shall be denied and payment shall not be made to the Grantee. All expenses submitted for reimbursement or payment on invoice must be for work completed at the approved Project location(s) and/or items received at the approved Project location(s) prior to the date of the request for reimbursement/payment. In addition, if funds are requisitioned for the purchase of a vehicle, the New York State Vehicle Registration Documents and title must be submitted along with the requisition forms. 18 9803721_1 EXHIBIT E: Payment Requisition Form and Dual Certification Town of Irondequoit Project ID Payment Request # For work completed between / / and / / THIS REQUEST: A: DASNY SHARE* B: THIS REQUEST C: TOTAL REQUESTED PRIOR TO THIS REQUEST D: A-B-C BALANCE $ * Please note that when submitting a requisition for payment, DASNY can only reimburse for capital expenditures for the Project as set forth in Exhibit A of this Agreement. In addition, all capital expenditures are to be both incurred (billed to) and paid for by the named Grantee. Capital expenditures include the costs of acquisition, design, construction, reconstruction, rehabilitation, preservation, development, improvement, modernization and equipping of the approved Project location. For Office Use Only: FMS#: 147588 GranteeID: 1515 GrantID: 21388 19 9803721_1 EXHIBIT E: Payment Requisition Form and Dual Certification DUAL CERTIFICATION This certification must be signed by two Authorized Officers of the Town of Irondequoit, for Project # . We hereby warrant and represent to DASNY that: 1. To the best of our knowledge, information and belief, the expenditures described in Payment Requisition Request # attached hereto in the amount of $ for which Town of Irondequoit, is seeking payment and/or reimbursement comply with the requirements of the Agreement between DASNY and Town of Irondequoit (the “Agreement”), are Eligible Expenses, and that the payment and/or reimbursement of expenditures for which it is seeking payment and/or reimbursement from DASNY does not duplicate reimbursement or disbursement of costs and/or expenses from any other source. 2. The warranties and covenants contained in Section 8 of the Agreement are true and correct as if made on the date hereof. 3. The Eligible Expenses for which reimbursement is sought in connection with this requisition were actually incurred by the Grantee named on the cover page of this Agreement, and/or will be paid by the Grantee solely from the Segregated Account established pursuant to paragraph 4(d) of the Grant Disbursement Agreement to the contractor named on the invoices submitted in connection with this requisition and shall not be used for any other purpose. 4. All Project costs described in any contractor/vendor invoice submitted pursuant the payment requisition form have been completely and fully performed and/or received on site at the applicable project location prior to the date hereof. 5. Proof of disposition of funds from the Segregated Account to the contractor and/or vendors that are being paid on invoice, if any, will be provided to DASNY within sixty (60) days of the date that Grant funds are disbursed to the Grantee to pay for such costs. We understand that in the event that acceptable proof of payment is not provided, DASNY will not make any additional disbursements from Grant funds until such time as such proof of payment is provided. 6. We have the authority to submit this requisition on behalf of Town of Irondequoit. All eligible expenses have been incurred within the scope of the project description set forth in the schedule in Exhibit A to this Agreement. 7. The following documents are hereby attached for DASNY approval, in support of this requisition, and are accurate images of the original documents (Please check off all that apply): Readable copies of both front and back of canceled checks. Readable copies of the front of the checks and copies of bank statements showing that the checks have cleared. Copy of New York State Vehicle Registration and Title documents for all vehicles purchased with Grant funds. Invoices/receipts for eligible goods/services that have been received/performed at the approved Project location(s) and a completed Exhibit E-2: Payment Requisition Back-up Summary. Other: Authorized Officer Signature: ___________________________________ Date: ______________ Print Name: ___________________________________ Title: ___________________________________ Authorized Officer Signature: ___________________________________ Date ______________ Print Name: ___________________________________ Title: ___________________________________ 20 9803721_1 EXHIBIT E-l: Payment Requisition Cover Letter ON GRANTEE’S LETTERHEAD Date Attention: Accounts Payable - Grants DASNY 515 Broadway Albany, New York 12207 Re: Lake Ontario Resiliency and Economic Development Initiative (“REDI”) Grant Project No. To Whom It May Concern: Enclosed please find our request for payment/reimbursement. The package includes completed Exhibits E and E-2, including a Dual Certification with original signatures from two authorized officers. I have also included supporting documentation and invoices, as summarized in Exhibit E-2. Below I have checked off the relevant payment option and completed the required payment information. This information is complete and accurate as of the date of this letter: 1) We would like to be paid by reimbursement pursuant to section 5(a) of the grant disbursement agreement. Proof of payment is enclosed for all invoices submitted in this request. Please remit payment by check. OR 2) We would like to be paid by reimbursement pursuant to section 5(a) of the grant disbursement agreement. Proof of payment is enclosed for all invoices submitted in this request. Please remit payment by wire. The wire instructions for our account are as follows: BANK NAME: ACCOUNT #: ACCOUNT NAME: ABA #: OR 3) We would like to be paid on invoice pursuant to Section 5(b) of the grant disbursement agreement. We have not paid the invoice(s) included in this request. We have established a segregated account to be used solely for accepting and disbursing funds from DASNY for this grant and for no other purpose. The wire instructions for this account are as follows: BANK NAME: ACCOUNT #: ACCOUNT NAME: ABA #: If any further information is needed, please contact me at ( ) . Signature: Print Name: Title: 21 9803721_1 EXHIBIT E-2: Payment Requisition Back-up Summary Town of Irondequoit Project ID Please list below all invoice amounts totaling the amount for which you are seeking reimbursement in this request. Invoices should be organized and total amount requested for reimbursement from grant subtotaled. Please use additional sheets if necessary. VENDOR/ CONTRACTOR NAME INVOICE/ APPLICATION # AMOUNT REQUESTED FROM GRANT FUNDS COMMENT TOTAL Requested: (Transfer total amount requested to Exhibit E pg. 18 column B) 22 9803721_1 EXHIBIT F: Project Change Request Town of Irondequoit Project ID Oversight Agency: OPRHP REDI Project (s): MO. Reason for Project Change: Revise Project Scope Amend Project Timeline Decline Project Justification for Project Change * Please note that when submitting a Project Change Request, DASNY wil review and coordinate with the Oversight Agency and the REDI Commission. Oversight Agency Acceptance: ___________________ REDI Commission Approval: _____________________ 23 9803721_1 EXHIBIT G NON-DISCRIMINATION AND AFFIRMATIVE ACTION POLICY FOR THE PROJECT It is the policy of the State of New York and DASNY, to comply with all federal, State and local law, policy, orders, rules and regulations which prohibit unlawful discrimination because of race, creed, color, national origin, sex, sexual orientation, age, disability or marital status, and to take affirmative action to ensure that Minority and Women-owned Business Enterprises (M/WBEs), Minorities Group Members and women share in the economic opportunities generated by DASNY’s participation in projects or initiatives, and/or the use of DASNY funds. 1) The recipient of State funds represents that its equal employment opportunity policy statement incorporates, at a minimum, the policies and practices set forth below: a) Grantee shall (i) not unlawfully discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, sexual orientation, age, disability or marital status, (ii) undertake or continue existing programs of affirmative action to ensure that Minority Group Members and women are afforded equal employment opportunities, and (iii) make and document its conscientious and active efforts to employ and utilize M/WBEs, Minority Group Members and women in its workforce on contracts. Such action shall be taken with reference to, but not limited to, solicitations or advertisements for employment, recruitment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b) At the request of the AAO, the Grantee shall request each employment agency, labor union, or authorized representative of workers with whom it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative does not unlawfully discriminate, and that such union or representative will affirmatively cooperate in the implementation of the Grantee’s obligations herein. 2) The Grantee is encouraged to include minorities and women in any job opportunities created by the Project; and to solicit and utilize M/WBE firms for any contractual opportunities generated in connection with the Project. 3) Grantee represents and warrants that, for the duration of the Agreement, it shall furnish all information and reports required by the AAO and shall permit access to its books and records by DASNY, or its designee, for the purpose of ascertaining compliance with provisions hereof. 4) Grantee shall include or cause to be included, paragraphs (1) through (3) herein, in every contract, subcontract or purchase order with a Contracting Party executed in connection with the Project, in such a manner that said provisions shall be binding upon each Contracting Party as to its obligations incurred in connection with the Project. 24 9803721_1 NON-DISCRIMINATION AND AFFIRMATIVE ACTION DEFINITIONS Affirmative Action Shall mean the actions to be undertaken by the Borrower, Grantee and any Contracting Party in connection with any project or initiative to ensure non-discrimination and Minority/Women-owned Business Enterprise and minority/female workforce participation, as set forth in paragraph 2) herein, and developed by DASNY. Affirmative Action Officer (“AAO”) Shall mean DASNY’s Affirmative Action Officer or his/her designee, managing the affirmative action program for DASNY. Contracting Party Shall mean (i) any contractor, subcontractor, consultant, subconsultant or vendor supplying goods or services, pursuant to a contract or purchase order in excess of $1,500, in connection with any projects or initiatives funded in whole or in part by DASNY and (ii) any borrower or Grantee receiving funds from DASNY pursuant to a loan or Grant document. Minority Business Enterprise (“MBE”) Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is (i) a lease fifty-one percent (51%) owned by one or more Minority Group Members; (ii) an enterprise in which such minority ownership is real, substantial and continuing, (iii) an enterprise in which such minority ownership has and exercises DASNY to control and operate, independently, the day-to-day business decisions of the enterprise; (iv) an enterprise authorized to do business in the State of New York and is independently owned and operated; and (v) an enterprise certified by New York State as a minority business. Minority Group Member Shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (i) Black persons having origins in any of the Black African racial groups; (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin, regardless of race; (iii) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands; and (iv) Native American or Alaskan native persons having origins in any of the original peoples of North America. Minority and Women-Owned Business Enterprise Participation Minority and Women-owned Business Enterprise participation efforts are not limited to the efforts suggested herein, and the role of M/WBE firms should not be restricted to that of a subcontractor/subconsultant. Where applicable, M/WBE firms should be considered for roles as prime contractors. Such efforts may include but not be limited to: (a) Dividing the contract work into smaller portions in such a manner as to permit subcontracting to the extent that it is economically and technically feasible to do so; (b) Actively and affirmatively soliciting bids from qualified M/WBEs, including circulation of solicitations to Minority and Women’s trade associations; (c) Making plans and specifications for prospective work available to M/WBEs in sufficient time for review; 25 9803721_1 (d) Utilizing the services and cooperating with those organizations providing technical assistance to the Contracting Party in connection with potential M/WBE participation on DASNY contract; (e) Utilizing the resources of DASNY Affirmative Action Unit to identify New York State certified M/WBE firms for the purpose of soliciting bids and subcontracts; (f) Encouraging the formation of joint ventures, associations, partnerships, or other similar entities with M/WBE firms, where appropriate, and (g) The Contracting Party shall remit payment in a timely fashion. Women-owned Business Enterprise (“WBE”) Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (i) at least fifty-one percent (51%) owned by one or more citizens or permanent resident aliens who are women; (ii) an enterprise in which the ownership interest of such women is real, substantial and continuing, (iii) an enterprise in which such women ownership has and exercises DASNY to control and operate, independently, the day-to-day business decisions of the enterprise; (iv) an enterprise authorized to do business in the State of New York and is independently owned and operated; and (v) an enterprise certified by New York State as woman- owned. Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF $250,000 WORTH OF GRANT FUNDING FROM THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK FROM ASSEMBLYWOMAN CLARK At the regular meeting of the Town Board of the Town of Irondequoit (“Town”), Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town, on the 16th day of November, 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 Dormitory Authority of the State of New York (“DASNY”), through its State and Municipalities Facilities Program, via a Legislative Member Item Award from Assemblywoman Clark, has made available to the Town $250,000 in grant funding toward the construction of the Town Hall Campus Redevelopment, (the “Grant”) as shown in Attachment (“A”); and WHEREAS, the Town Hall Campus Redevelopment (the “Project”) is advisable and in the best interest of the Town; and WHEREAS, it is advisable and in the best interest of the Town to fund the Project in part with the Grant funding; and WHEREAS, the Town of Irondequoit desires to apply for this grant funding; and WHEREAS, the Town of Irondequoit seeks approval to accept this grant funding. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor and / or Acting Supervisor to submit an application for $250,000 in grant funding from DASNY toward the Project. AND, BE IT FURTHER RESOLVED, that the Town Board accepts the Grant. AND, BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to apply for the Grant and that the form, terms and provisions of that certain Grant Disbursement Agreement between the DASNY and the Town, in substantially the form annexed hereto as Attachment A and in final form and substance to be approved by the Town Supervisor, and his 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 be, and hereby is, authorized, empowered and directed to take all such further actions and to execute, deliver, certify and file all such further agreements, undertakings, certificates, instruments and documents, in the name of and on behalf of the Town, and to pay all such costs, fees and expenses as the Town Supervisor shall approve as necessary or advisable to carry out the intent and accomplish the purposes of the foregoing recitals and resolution and the transactions contemplated thereby, the taking of such actions and the execution, delivery, certification and filing of such documents to be conclusive evidence of such approval. AND, BE IT FURTHER RESOLVED, that any and all actions taken by the Town Supervisor or his designee prior to the 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 _______ Attachment A (Grant Disbursement Agreement) 1 9803721_1 This GRANT DISBURSEMENT AGREEMENT includes all exhibits and attachments hereto and is made on the terms and by the parties listed below and relates to the project described below: DORMITORY AUTHORITY OF THE STATE OF NEW YORK (“DASNY”): 515 Broadway Albany, New York 12207 Contact: Phone: E-mail: grants@dasny.org THE GRANTEE: Town of Irondequoit 1280 Titus Avenue Rochester, NY 14617 Contact: The Honorable David Seeley Phone: (595) 336-6034 Email: dseeley@irondequoit.org THE PROJECT: PROJECT LOCATION: PROJECT ADDRESS: GRANT AMOUNT: $ FUNDING SOURCE: For Office Use Only: REDI APPLICATION DATE: EXPIRATION DATE OF THIS AGREEMENT: Project ID: FMS#: GranteeID: GrantID: REDUCE INVOICE AMOUNT BY 5%: YES NO 2 9803721_1 TERMS AND CONDITIONS 1. The Project The Grantee will perform tasks within the scope of the project description, budget, and timeline as set forth in the Project Budget attached hereto as Exhibit A (collectively, the “Project”) which was described by the Grantee in the REDI Application submitted by the Grantee, then reviewed by DASNY and approved by the State. 2. Project Budget and Use of Funds a) The Grantee will undertake and complete the Project in accordance with the overall budget, which includes the Grant funds, as set forth in the attached Exhibit A. The Grant will be applied to eligible expenses which are as described in the REDI Application, and fall within the scope of the project description set forth in the attached Exhibit A. b) Grantee agrees and covenants to apply the Grant proceeds only to capital works or purposes, which shall consist of the following: i. the acquisition, construction, demolition, or replacement of a fixed asset or assets; ii. the major repair or renovation of a fixed asset, or assets, which materially extends its useful life or materially improves or increases its capacity; or iii. the planning or design of the acquisition, construction, demolition, replacement, major repair or renovation of a fixed asset or assets, including the preparation and review of plans and specifications including engineering and other services, field surveys and sub-surface investigations incidental thereto. c) Grantee agrees and covenants that the Grant proceeds shall not be used for costs that are not capital in nature, which include, but shall not be limited to working capital, rent, utilities, salaries, supplies, administrative expenses, or to pay down debt incurred to undertake the Project. d) No addition, modification or deletion to the GDA shall be effective without submission of a Project Change Request in the form of Exhibit F. The Project Change Request must be accepted by the Oversight Agency and approved by the REDI Commission. 3. Books and Records The Grantee will maintain accurate books and records concerning the Project for six (6) years from the date the Project is completed and will make those books and records available to DASNY, its agents, officers and employees during Grantee’s business hours upon reasonable request. In the event of earlier termination of this Agreement, such documentation shall be made available to DASNY, its agents, officers and employees for six (6) years following the date of such early termination. 3 9803721_1 4. Conditions Precedent to Disbursement of the Grant No Grant funds shall be disbursed until the following conditions have been satisfied: a) DASNY has received the project description, budget, and timeline as set forth in the attached Exhibit A, and an opinion of Grantee’s counsel, in substantially the form attached hereto as Exhibit B; and b) The requirements of the REDI Program have been met including, but not limited to contributing a minimum of 5% of the REDI Project Amount ; and c) The monies required to fund the Grant have been received by DASNY; and d) In the event of disbursement pursuant to paragraph 5(b) below, the Grantee has provided DASNY with documentation evidencing that a segregated account has been established by the Grantee into which Grant funds will be deposited (the “Segregated Account”). Eligible Expenses incurred in connection with the Project to be financed with Grant proceeds that are to be paid on invoice shall be paid out of the Segregated Account. The funds in such account shall not be used for any other purpose. e) The Grantee certifies that it is in compliance with the provisions of the REDI Program as well as this Agreement and that the Grant will only be used for the Project set forth in the REDI Application and in Exhibit A hereto. f) Not-for-profit organizations are required to register and prequalify on the New York State Grants Gateway (https://grantsmanagement.ny.gov/) in order to receive Grant funds. The Grantee’s Document Vault must be in prequalification status prior to any disbursements of the grant funds. 5. Disbursement Subject to the terms and conditions contained in this Agreement, DASNY shall disburse the Grant to the Grantee, in the manner set forth in Exhibit D, as follows: a) Reimbursement: DASNY shall make payment directly to the Grantee in the amount of Eligible Expenses actually incurred and paid for by the Grantee, upon presentation to DASNY of: i. the Payment Requisition Forms attached to this Agreement as Exhibit E and its attachments; ii. copies of invoices for Eligible Expenses from the Grantee’s contractor and/or vendor and proof of payment from the Grantee to the contractor and/or vendor in a form acceptable to DASNY; and iii. such additional supporting documentation as DASNY may require in order to clearly demonstrate that Eligible Expenses were incurred and paid by the Grantee in connection with the Project described herein; or 4 9803721_1 b) Payment on Invoice: i. DASNY may make payment directly to the Grantee in the amount of Eligible Expenses actually incurred by the Grantee, upon presentation to DASNY of: 1) the Payment Requisition Forms attached to this Agreement as Exhibit E and its attachments; 2) copies of invoices for Eligible Expenses from the Grantee’s contractor and/or vendor in a form acceptable to DASNY evidencing the completion of work; and 3) such additional supporting documentation as DASNY may require in order to clearly demonstrate that Eligible Expenses were incurred by the Grantee in connection with the Project described herein. ii. The Grantee must deposit all Grant proceeds paid on invoice pursuant to this paragraph 5(b) into the Segregated Account established pursuant to Paragraph 4(d). All Eligible Expenses incurred in connection with the Project to be financed with Grant funds that are to be paid on invoice must be paid out of this account. The account shall not be used for any other purpose. iii. The Grantee must provide proof of disbursement of Grant funds to the respective contractor and/or vendor in a form acceptable to DASNY, within sixty (60) days of the date that Grant funds are disbursed to the Grantee to pay for such costs. DASNY will not make any additional disbursements from Grant funds until such time as proof of payment is provided. iv. Utilizing the Grant funds paid to the Grantee pursuant to this section for any purpose other than paying the contractors and/or vendors identified in the requisition documentation in the amounts set forth in the requisition shall constitute a default under this Agreement and shall, at a minimum, result in the denial of payment on invoice for subsequent requisitions. v. DASNY may deny payment on invoice at its sole and absolute discretion, thereby restricting the method of payment pursuant to this contract to reimbursement subject to the terms of Section 5(a). c) Real Property Acquisition: i. Prior to closing on the sale of the subject real property, DASNY shall be provided with an executed Escrow Instruction Letter, signed by DASNY and an escrow agent approved by DASNY, a title report, the draft deed and any other documents requested by DASNY to justify and support the costs to be paid at the closing from Grant funds. ii. DASNY shall transfer the Grant funds to the escrow agent to hold in escrow pending closing. The Grant funds will be wired to the escrow agent not more than one (1) business day prior to the scheduled closing unless otherwise approved by DASNY. 5 9803721_1 iii. On the day of the closing, the escrow agent shall provide DASNY with copies of the executed deed, a copy of the title insurance policy, the final closing statement setting forth costs to be paid at closing, and copies of any checks to be drawn against Grant funds. iv. Upon DASNY approval, the escrow agent shall disburse the Grant funds as set forth in the documentation described in (iii), above. d) Electronic Payments Program: DASNY reserves the right to implement an electronic payment program (“Electronic Payment Program”) for all payments to be made to the Grantee thereunder. Prior to implementing an Electronic Payment Program, DASNY shall provide the Grantee written notice one hundred twenty days prior to the effective date of such Electronic Payment Program (“Electronic Payment Effective Date”). Commencing on or after the Electronic Payment Effective Date, all payments due hereunder by the Grantee shall only be rendered electronically, unless payment by paper check is expressly authorized by DASNY. Commencing on or after the Electronic Payment Effective Date the Grantee further acknowledges and agrees that DASNY may withhold any request for payment hereunder, if the Grantee has not complied with DASNY’s Policies and Procedures relating to its Electronic Payment Program in effect at such time, unless payment by paper check is expressly authorized by DASNY. e) In no event will DASNY make any payment which would cause DASNY’s aggregate disbursements to exceed the Grant amount. f) The Grant, or a portion thereof, may be subject to recapture by DASNY as provided in Section 9(c) hereof. 6. Non-Discrimination and Affirmative Action The Grantee shall make its best effort to comply with DASNY’s Non-Discrimination and Affirmative Action policies set forth in Exhibit G to this Agreement. 7. No Liability of DASNY or the State DASNY shall not in any event whatsoever be liable for any injury or damage, cost or expense of any nature whatsoever that occurs as a result of or in any way in connection with the Project and the Grantee hereby agrees to indemnify and hold harmless DASNY, the State and their respective agents, officers, employees and directors (collectively, the “Indemnitees”) from and against any and all such liability and any other liability for injury or damage, cost or expense resulting from the payment of the Grant by DASNY to the Grantee or use of the Project in any manner, including in a manner which, if the bonds are issued on a tax-exempt basis, (i) results in the interest on the bonds issued by DASNY the proceeds of which were used to fund the Grant (the “Bonds”) to be includable in gross income for federal income tax purposes or (ii) gives rise to an allegation against DASNY by a governmental agency or authority, which DASNY defends that the interest on the Bonds is includable in gross income for federal income tax purposes, other than that caused by the gross negligence or the willful misconduct of the Indemnitees. 6 9803721_1 8. Warranties and Covenants The Grantee warrants and covenants that: a) The Grant shall be used solely for Eligible Expenses in accordance with the Terms and Conditions of this Agreement. b) No materials, if any, purchased with the Grant will be used for any purpose other than the eligible Project costs as identified in Exhibit A. c) The Grantee agrees to utilize all funds disbursed in accordance with this Agreement in accordance with the terms of the REDI Program. d) The Grantee is solely responsible for all Project costs in excess of the Grant. The Grantee will incur and pay Project costs and submit requisitions for reimbursement in connection with such costs. e) The Grantee has sufficient, secured funding for all Project costs in excess of the Grant, and will complete the Project as described in the REDI Application and in this Agreement. f) The Grantee agrees to use its best efforts to utilize the Project for substantially the same purpose set forth in this Agreement until such time as the Grantee determines that the Project is no longer reasonably necessary or useful in furthering the public purpose for which the grant was made. g) There has been no material adverse change in the financial condition of the Grantee since the date of submission of the REDI Application to DASNY. h) No part of the Grant will be applied to any expenses paid or payable from any other external funding source, including State or Federal grants, or grants from any other public or private source. i) The Grantee owns, leases, or otherwise has control over the site where the Project will be located. If the Project includes removable equipment or furnishings including but not limited to, computer hardware and software, air conditioning units, lab equipment, office furniture and telephone systems, Grantee will develop, implement and maintain an inventory system for tracking such removable equipment and furnishings. j) In the event the Grantee will utilize the Grant funds to acquire real property, the Grantee must retain title ownership to the real property. If at any time during the term of this Agreement the real property is repurchased by the Seller or otherwise conveyed to any entity other than the Grantee, the Grantee will notify DASNY within 10 business days from the date the contract of sale is executed OR within 10 business days from the date the Grantee initiates or is notified of the intent to transfer ownership of the real property, whichever is earlier. In that event, Grantee hereby agrees to repay to DASNY all Grant funds disbursed pursuant to this Agreement. k) The Project to be funded by the Grant will be located in the State of New York. If the Grant will fund all or a portion of the purchase of any type of vehicle, such vehicle will 7 9803721_1 be registered in the State of New York and a copy of the New York State Vehicle Registration documents will be provided to DASNY’s Accounts Payable Department at the time of requisition. l) Grantee is in compliance with, and shall continue to comply in all material respects, with all applicable laws, rules, regulations and orders affecting the Grantee and the Project including but not limited to maintaining the Grantee’s document vault on the New York State Grants Reform Gateway (https://grantsmanagement.ny.gov/). m) The Grantee has obtained all necessary consents and approvals from the property owner in connection with any work to be undertaken in connection with the Project. n) All contractors and vendors retained to perform services in connection with the Project shall be authorized to do business in the State of New York and/or filed such documentation, certifications, or other information with the State or County as required in order to lawfully provide such services in the State of New York. In addition, said contractor/vendors shall possess and maintain all professional licenses and/or certifications required to perform the tasks undertaken in connection with the Project. o) Neither the Grantee nor any of the members of its Board of Directors or other governing body or its employees have given or will give anything of value to anyone to procure the Grant or to influence any official act or the judgment of any person in the performance of any of the terms of this Agreement. p) The Grant shall not be used in any manner for any of the following purposes: i. political activities of any kind or nature, including, but not limited to, furthering the election or defeat of any candidate for public, political or party office, or for providing a forum for such candidate activity to promote the passage, defeat, or repeal of any proposed or enacted legislation; ii. religious worship, instruction or proselytizing as part of, or in connection with, the performance of this Agreement; iii. payments to any firm, company, association, corporation or organization in which a member of the Grantee’s Board of Directors or other governing body, or any officer or employee of the Grantee, or a member of the immediate family of any member of the Grantee’s Board of Directors or other governing body, officer, or employee of the Grantee has any ownership, control or financial interest, including but not limited to an officer or employee directly or indirectly responsible for the preparation or the determination of the terms of the contract or other arrangement pursuant to which the proceeds of the Grant are to be disbursed. For purposes of this paragraph, “ownership” means ownership, directly or indirectly, of more than five percent (5%) of the assets, stock, bonds or other dividend or interest-bearing securities; and “control” means serving as a member of the board of directors or other governing body, or as an officer in any of the above; and 8 9803721_1 iv. payment to any member of Grantee’s Board of Directors or other governing body of any fee, salary or stipend for employment or services, except as may be expressly provided for in this Agreement. q) The relationship of the Grantee (including, for purposes of this paragraph, its officers, employees, agents and representatives) to DASNY arising out of this Agreement shall be that of an independent contractor. The Grantee covenants and agrees that it will conduct itself in a manner consistent with such status, that it will neither hold itself out as, nor claim to be, an officer, employee, agent or representative of DASNY or the State by reason hereof, and that it will not by reason thereof, make any claim, demand or application for any right or privilege applicable to an officer, employee, agent or representative of DASNY or the State, including without limitation, worker’s compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. r) The information contained in the REDI Application submitted by the Grantee in connection with the Project and the Grant, as such may have been amended or supplemented and any supplemental documentation requested by the State or DASNY in connection with the Grant, is incorporated herein by reference in its entirety. In the event of an inconsistency between the descriptions, conditions, and terms of this Agreement and those contained in the REDI Application, the provisions of this Agreement shall govern. The Grantee hereby acknowledges that DASNY has relied on the statements and representations made by the Grantee in the REDI Application and any supplemental information in making the Grant. The Grantee hereby represents and warrants that it has made no material misstatement or omission of fact in the REDI Application, supplemental information, or otherwise in connection with the Grant and that the information contained in the REDI Application and supplemental information continues on the date hereof to be materially correct and complete. s) The Grantee hereby represents and warrants that it has made no material misstatement or omission of fact in the Grantee Questionnaire (“GQ”), attached hereto as Exhibit C, or the Grantee’s document vault in the New York State’s Grants Reform Gateway completed by the Grantee in connection with the Project and the Grant, and that the responses in the GQ and the document vault continue on the date hereof to be materially correct and complete. The Grantee hereby acknowledges that DASNY has relied on the statements and representations made by the Grantee in the GQ in making the Grant, and that the Grantee will be required to reaffirm the information therein each time a requisition for grant funds is presented to DASNY. t) The Grantee is duly organized, validly existing and in good standing under the laws of the State of New York, or is duly organized and validly existing under the laws of another jurisdiction and is authorized to do business and is in good standing in the State of New York and shall maintain its corporate existence in good standing in each such jurisdiction for the term of this Agreement, and has full power and authority to execute and deliver the Agreement and to perform its obligations thereunder; u) The Grantee agrees to provide such documentation to DASNY as may be requested by DASNY in its sole and absolute discretion to support a requisition for payment, to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by DASNY in connection with the Grant, and further 9 9803721_1 acknowledges that if documentation requested in connection with a requisition for payment does not, in the sole and absolute discretion of DASNY, provide adequate support for the costs requested, that such requisition request shall be denied and payment shall not be made to the Grantee. v) The Agreement was duly authorized, executed and delivered by the Grantee and is binding on and enforceable against the Grantee in accordance with its terms. w) The Grantee has contributed, or will contribute, the standard matching requirement for the required non-state funds contribution of the Project costs in a form allowed by the Program. The Grantee’s matching requirement is 5% of the REDI Project Amount. 9. Default and Remedies a) Each of the following shall constitute a default by the Grantee under this Agreement: i. Failure to perform or observe any obligation, warranty or covenant of the Grantee contained herein, or the failure by the Grantee to perform the requirements herein to the reasonable satisfaction of DASNY and within the time frames established therefor under this Agreement. ii. Failure to comply with any request for information reasonably made by DASNY to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by DASNY in connection with the Grant. iii. The making by the Grantee of any false statement or the omission by the Grantee to state any material fact in or in connection with this Agreement or the Grant, including information provided in the REDI Application or in any supplemental information that may be requested by the State or DASNY. iv. The Grantee shall (A) be generally not paying its debts as they become due, (B) file, or consent by answer or otherwise to the filing against it of, a petition under the United States Bankruptcy Code or under any other bankruptcy or insolvency law of any jurisdiction, (C) make a general assignment for the benefit of its general creditors, (D) consent to the appointment of a custodian, receiver, trustee or other officer with similar powers of itself or of any substantial part of its property, (E) be adjudicated insolvent or be liquidated or (F) take corporate action for the purpose of any of the foregoing. v. An order of a court having jurisdiction shall be made directing the sale, disposition or distribution of all or substantially all of the property belonging to the Grantee, which order shall remain undismissed or unstayed for an aggregate of thirty (30) days. vi. The Grantee abandons the Project prior to its completion. vii. The Grantee is found to have falsified or modified any documents submitted in connection with this grant, including but not limited to invoice, contract or 10 9803721_1 payment documents submitted in connection with a Grantee’s request for payment/reimbursement. viii. Utilizing the Grant funds paid to the Grantee pursuant to Section 5(b) for any purpose other than paying the contractors and/or vendors identified in the requisition documentation in the amounts set forth in the requisition. b) Upon the occurrence of a default by the Grantee and written notice by DASNY indicating the nature of the default, DASNY shall have the right to terminate this Agreement. c) Upon any such termination, DASNY may withhold any Grant proceeds not yet disbursed and may require repayment of Grant proceeds already disbursed. If DASNY determines that any Grant proceeds had previously been released based upon fraudulent representations or other willful misconduct, DASNY may require repayment of those funds and may refer the matter to the appropriate authorities for prosecution. DASNY shall be entitled to exercise any other rights and seek any other remedies provided by law. 10. Term of Agreement Notwithstanding the provisions of Section 9 hereof, this Agreement shall terminate three (3) years after the latest date set forth on the front page hereof without any further notice to the Grantee. DASNY, in its sole discretion, may extend the term of this Agreement upon a showing by the Grantee that the Project is under construction and is expected to be completed within the succeeding twelve (12) months. All requisitions must be submitted to DASNY in proper form prior to the termination date in order to be reimbursed. 11. Project Audit DASNY shall, upon reasonable notice, have the right to conduct, or cause to be conducted, one or more audits, including field inspections, of the Grantee to assure that the Grantee is in compliance with this Agreement. This right to audit shall continue for six (6) years following the completion of the Project or earlier termination of this Agreement. 12. Survival of Provisions The provisions of Sections 3, 7, 8(o), 8(p) and 11 shall survive the expiration or earlier termination of this Agreement. 13. Notices Each notice, demand, request or other communication required or otherwise permitted hereunder shall be in writing and shall be effective upon receipt if personally delivered or sent by any overnight service or three (3) days after dispatch by certified mail, return receipt requested, to the addresses set forth on this document’s cover page. 14. Assignment The Grantee may not assign or transfer this Agreement or any of its rights hereunder. 11 9803721_1 15. Modification This Agreement may be modified only by a written instrument executed by the party against whom enforcement of such modification is sought and in accordance with Section 2(d) of this Agreement. 16. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York. This Agreement shall be construed without the aid of any presumption or other rule of law regarding construction against the party drafting this Agreement or any part of it. In case any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such provision(s) had never been contained herein. 17. Confidentiality of Information Any information contained in reports made to DASNY or obtained by DASNY as a result of any audit or examination of Grantee’s documents or relating to trade secrets, operations and commercial or financial information, including but not limited to the nature, amount or source of income, profits, losses, financial condition, marketing plans, manufacturing processes, production costs, productivity rates, or customer lists, provided that such information is clearly marked “confidential” by the Grantee that concerns or relates to trade secrets, operations and commercial or financial information, including but not limited to the nature, amount or source of income, profits, losses or expenditures, financial condition, marketing plans, manufacturing processes, production costs, productivity rates, or customer lists, which is determined by DASNY to be exempt from public disclosure under the Freedom of Information Law, shall be considered business confidential and is not to be released to anyone, except DASNY and staff directly involved in assisting the Grantee, without prior written authorization from the Grantee, as applicable. Notwithstanding the foregoing, DASNY will not be liable for any information disclosed, in DASNY’s sole discretion, pursuant to the Freedom of Information Law, or which DASNY is required to disclose pursuant to legal process. 18. Executory Clause This Agreement shall be deemed executory to the extent of monies available for the REDI Program to DASNY. 12 9803721_1 Town of Irondequoit Project ID This agreement is entered into as of the latest date written below: GRANTEE: TOWN OF IRONDEQUOIT /GRANTEESIGNATURE/ (Signature of Grantee Authorized Officer) /GRANTEENAME/ /GRANTEETITLE/ (Printed Name and Title) Date: /GRANTEESIGNEDDATE/ DORMITORY AUTHORITY OF THE STATE OF NEW YORK /DASNYSIGNATURE/ (Signature of DASNY Authorized Officer) /DASNYSIGNATURENAME/ /DASNYTITLE/ (Printed Name) Date: /DASNYSIGNEDDATE/ DASNY OFFICE USE ONLY GRANTS ADMIN REVIEW FINAL LEGAL REVIEW APPROVED FOR LEGAL REVIEW: /GAAPPROVER/ APPROVED FOR SIGNATURE: /DASNYAPPROVER/ DATE: /GAAPPROVEDDATE/ DATE: /DASNYAPPROVEDDATE/ 13 9803721_1 GRANT DISBURSEMENT AGREEMENT EXHIBITS EXHIBIT A Project Budget EXHIBIT B Opinion of Counsel EXHIBIT C Grantee Questionnaire EXHIBIT D Disbursement Terms EXHIBIT E Payment Requisition Form and Dual Certification EXHIBIT E-1 Payment Requisition Cover Letter EXHIBIT E-2 Payment Requisition Back-up Summary EXHIBIT F Non-Discrimination and Affirmative Action Policy 14 9803721_1 EXHIBIT A: Project Budget Town of Irondequoit Project ID USE OF FUNDS TIMELINE SOURCES Tot al Anticipated Dates** DASNY Share In-Kind/Equity/Sponsor Other Sources Project Description* Start End Amount Source Name Amount Entity Name Amount MO. /STARTD/ /ENDD/ $ $ $ $ * Please note that the project description as set forth in this column must summarize the scope of the Eligible Expenses set forth in the REDI Application as per Section 2(a) of this Agreement for which reimbursement or payment on invoice will be sought. Please ensure that the project description is an appropriate summary of the Eligible Expenses for which grantee will be submitting for requisition. The failure to ensure all Eligible Expenses are consistent with the project description may delay payment. ** Please be sure to complete the anticipated start and end dates in the Project timeline. 15 9803721_1 EXHIBIT B: Opinion of Counsel DASNY 515 Broadway Albany, New York 12207 Attn: Michael E. Cusack, General Counsel Re: Lake Ontario Resiliency and Economic Development Initiative (“REDI”) Grant Project ID Ladies and Gentlemen: I have acted as counsel to Town of Irondequoit (the “Grantee”) in connection with the Project referenced above. In so acting, I have reviewed a certain Grant Disbursement Agreement between you and the Grantee (the “Agreement”) and such other documents as I consider necessary to render the opinion expressed hereby. Based on the foregoing, I am of the opinion that: 1. the Grantee is duly organized, validly existing and in good standing under the laws of the State of New York or, is duly organized and validly existing under the laws of another jurisdiction. The Grantee is authorized to do business and is in good standing in the State of New York and has full power and authority to execute and deliver the Agreement and to perform its obligations thereunder; and 2. the Agreement was duly authorized, executed and delivered by the Grantee and is binding on and enforceable against the Grantee in accordance with its terms. RD_1 By selecting this option and providing my electronic signature, I hereby execute and deliver a validly binding legal opinion in the form of this Exhibit B, just the same as a pen-and-paper signature on a separate document. /ATTORNEYSIG/ /ATTORNEYNAME/ /ATTORNEYFIRM/ RD_2 Approved – Legal Opinion attached /ATTACHOPINION/ /ATTORNEYNAMEATTACH/ /ATTORNEYFIRMATTACH/ 16 9803721_1 **Instructions – Grantee’s Attorney will choose appropriate response . If “Approved as to form” is checked, the Attorney will DocuSign form. If “Approved – Legal Opinion attached” is checked, the Attorney must attach a legal opinion using the language provided in this exhibit. EXHIBIT C: Grantee Questionnaire PLEASE READ THE FOLLOWING: 1) You are acknowledgeing the following regarding the included Grantee Questionnaire: • This inserted Grantee Questionnaire is an accurate and true copy of such previously submitted DASNY Grantee Questionnaire. • The Grantee certifies that there has been no material change in the information provided in the Grantee Questionnaire. 17 9803721_1 EXHIBIT D: Disbursement Terms Town of Irondequoit Project ID Subject to the terms and conditions contained in this Agreement, DASNY shall disburse the Grant to the Grantee as follows: Standard Reimbursement DASNY shall make payment to the Grantee, no more frequently than monthly, based upon Eligible Expenses (as set forth and in accordance with the schedule in Exhibit A) actually incurred by the Grantee, in compliance with Exhibit A and upon presentation to DASNY of the Payment Requisition Forms attached to this Agreement as Exhibit E and its attachments, together with such supporting documentation as DASNY may require in order to clearly demonstrate that Eligible Expenses were actually incurred by the Grantee in connection with the Project described herein. Payment shall be made by reimbursement, subject to the terms and conditions of Sections 4 and 5(a) of this Agreement; by payment on invoice subject to the terms and conditions of Sections 4 and 5(b) of this Agreement; or, for real property acquisition, subject to the terms and conditions of Sections 4 and 5(c) of this Agreement. Supporting documentation acceptable to DASNY must be provided prior to payment, including invoices and proof of payment in a form acceptable to DASNY. If the fronts and backs of canceled checks cannot be obtained from the Grantee’s financial institution, a copy of the front of the check must be provided, along with a copy of a bank statement clearly showing that payment was made by the Grantee to the contractor. DASNY reserves the right to request additional supporting documentation in connection with requests for payment, including the backs of canceled checks, certifications from contractors or vendors, or other documentation to verify that grant funds are properly expended. Please note that quotes, proposals, estimates, purchase orders, and other such documentation do NOT qualify as invoices. The Grantee agrees to provide such documentation to DASNY as may be requested by DASNY in its sole and absolute discretion to support a requisition for payment, to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by DASNY in connection with the Grant, and further acknowledges that if documentation requested in connection with a requisition for payment does not, in the sole and absolute discretion of DASNY, provide adequate support for the costs requested, that such requisition request shall be denied and payment shall not be made to the Grantee. All expenses submitted for reimbursement or payment on invoice must be for work completed at the approved Project location(s) and/or items received at the approved Project location(s) prior to the date of the request for reimbursement/payment. In addition, if funds are requisitioned for the purchase of a vehicle, the New York State Vehicle Registration Documents and title must be submitted along with the requisition forms. 18 9803721_1 EXHIBIT E: Payment Requisition Form and Dual Certification Town of Irondequoit Project ID Payment Request # For work completed between / / and / / THIS REQUEST: A: DASNY SHARE* B: THIS REQUEST C: TOTAL REQUESTED PRIOR TO THIS REQUEST D: A-B-C BALANCE $ * Please note that when submitting a requisition for payment, DASNY can only reimburse for capital expenditures for the Project as set forth in Exhibit A of this Agreement. In addition, all capital expenditures are to be both incurred (billed to) and paid for by the named Grantee. Capital expenditures include the costs of acquisition, design, construction, reconstruction, rehabilitation, preservation, development, improvement, modernization and equipping of the approved Project location. For Office Use Only: FMS#: 147588 GranteeID: 1515 GrantID: 21388 19 9803721_1 EXHIBIT E: Payment Requisition Form and Dual Certification DUAL CERTIFICATION This certification must be signed by two Authorized Officers of the Town of Irondequoit, for Project # . We hereby warrant and represent to DASNY that: 1. To the best of our knowledge, information and belief, the expenditures described in Payment Requisition Request # attached hereto in the amount of $ for which Town of Irondequoit, is seeking payment and/or reimbursement comply with the requirements of the Agreement between DASNY and Town of Irondequoit (the “Agreement”), are Eligible Expenses, and that the payment and/or reimbursement of expenditures for which it is seeking payment and/or reimbursement from DASNY does not duplicate reimbursement or disbursement of costs and/or expenses from any other source. 2. The warranties and covenants contained in Section 8 of the Agreement are true and correct as if made on the date hereof. 3. The Eligible Expenses for which reimbursement is sought in connection with this requisition were actually incurred by the Grantee named on the cover page of this Agreement, and/or will be paid by the Grantee solely from the Segregated Account established pursuant to paragraph 4(d) of the Grant Disbursement Agreement to the contractor named on the invoices submitted in connection with this requisition and shall not be used for any other purpose. 4. All Project costs described in any contractor/vendor invoice submitted pursuant the payment requisition form have been completely and fully performed and/or received on site at the applicable project location prior to the date hereof. 5. Proof of disposition of funds from the Segregated Account to the contractor and/or vendors that are being paid on invoice, if any, will be provided to DASNY within sixty (60) days of the date that Grant funds are disbursed to the Grantee to pay for such costs. We understand that in the event that acceptable proof of payment is not provided, DASNY will not make any additional disbursements from Grant funds until such time as such proof of payment is provided. 6. We have the authority to submit this requisition on behalf of Town of Irondequoit. All eligible expenses have been incurred within the scope of the project description set forth in the schedule in Exhibit A to this Agreement. 7. The following documents are hereby attached for DASNY approval, in support of this requisition, and are accurate images of the original documents (Please check off all that apply): Readable copies of both front and back of canceled checks. Readable copies of the front of the checks and copies of bank statements showing that the checks have cleared. Copy of New York State Vehicle Registration and Title documents for all vehicles purchased with Grant funds. Invoices/receipts for eligible goods/services that have been received/performed at the approved Project location(s) and a completed Exhibit E-2: Payment Requisition Back-up Summary. Other: Authorized Officer Signature: ___________________________________ Date: ______________ Print Name: ___________________________________ Title: ___________________________________ Authorized Officer Signature: ___________________________________ Date ______________ Print Name: ___________________________________ Title: ___________________________________ 20 9803721_1 EXHIBIT E-l: Payment Requisition Cover Letter ON GRANTEE’S LETTERHEAD Date Attention: Accounts Payable - Grants DASNY 515 Broadway Albany, New York 12207 Re: Lake Ontario Resiliency and Economic Development Initiative (“REDI”) Grant Project No. To Whom It May Concern: Enclosed please find our request for payment/reimbursement. The package includes completed Exhibits E and E-2, including a Dual Certification with original signatures from two authorized officers. I have also included supporting documentation and invoices, as summarized in Exhibit E-2. Below I have checked off the relevant payment option and completed the required payment information. This information is complete and accurate as of the date of this letter: 1) We would like to be paid by reimbursement pursuant to section 5(a) of the grant disbursement agreement. Proof of payment is enclosed for all invoices submitted in this request. Please remit payment by check. OR 2) We would like to be paid by reimbursement pursuant to section 5(a) of the grant disbursement agreement. Proof of payment is enclosed for all invoices submitted in this request. Please remit payment by wire. The wire instructions for our account are as follows: BANK NAME: ACCOUNT #: ACCOUNT NAME: ABA #: OR 3) We would like to be paid on invoice pursuant to Section 5(b) of the grant disbursement agreement. We have not paid the invoice(s) included in this request. We have established a segregated account to be used solely for accepting and disbursing funds from DASNY for this grant and for no other purpose. The wire instructions for this account are as follows: BANK NAME: ACCOUNT #: ACCOUNT NAME: ABA #: If any further information is needed, please contact me at ( ) . Signature: Print Name: Title: 21 9803721_1 EXHIBIT E-2: Payment Requisition Back-up Summary Town of Irondequoit Project ID Please list below all invoice amounts totaling the amount for which you are seeking reimbursement in this request. Invoices should be organized and total amount requested for reimbursement from grant subtotaled. Please use additional sheets if necessary. VENDOR/ CONTRACTOR NAME INVOICE/ APPLICATION # AMOUNT REQUESTED FROM GRANT FUNDS COMMENT TOTAL Requested: (Transfer total amount requested to Exhibit E pg. 18 column B) 22 9803721_1 EXHIBIT F: Project Change Request Town of Irondequoit Project ID Oversight Agency: OPRHP REDI Project (s): MO. Reason for Project Change: Revise Project Scope Amend Project Timeline Decline Project Justification for Project Change * Please note that when submitting a Project Change Request, DASNY wil review and coordinate with the Oversight Agency and the REDI Commission. Oversight Agency Acceptance: ___________________ REDI Commission Approval: _____________________ 23 9803721_1 EXHIBIT G NON-DISCRIMINATION AND AFFIRMATIVE ACTION POLICY FOR THE PROJECT It is the policy of the State of New York and DASNY, to comply with all federal, State and local law, policy, orders, rules and regulations which prohibit unlawful discrimination because of race, creed, color, national origin, sex, sexual orientation, age, disability or marital status, and to take affirmative action to ensure that Minority and Women-owned Business Enterprises (M/WBEs), Minorities Group Members and women share in the economic opportunities generated by DASNY’s participation in projects or initiatives, and/or the use of DASNY funds. 1) The recipient of State funds represents that its equal employment opportunity policy statement incorporates, at a minimum, the policies and practices set forth below: a) Grantee shall (i) not unlawfully discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, sexual orientation, age, disability or marital status, (ii) undertake or continue existing programs of affirmative action to ensure that Minority Group Members and women are afforded equal employment opportunities, and (iii) make and document its conscientious and active efforts to employ and utilize M/WBEs, Minority Group Members and women in its workforce on contracts. Such action shall be taken with reference to, but not limited to, solicitations or advertisements for employment, recruitment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b) At the request of the AAO, the Grantee shall request each employment agency, labor union, or authorized representative of workers with whom it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative does not unlawfully discriminate, and that such union or representative will affirmatively cooperate in the implementation of the Grantee’s obligations herein. 2) The Grantee is encouraged to include minorities and women in any job opportunities created by the Project; and to solicit and utilize M/WBE firms for any contractual opportunities generated in connection with the Project. 3) Grantee represents and warrants that, for the duration of the Agreement, it shall furnish all information and reports required by the AAO and shall permit access to its books and records by DASNY, or its designee, for the purpose of ascertaining compliance with provisions hereof. 4) Grantee shall include or cause to be included, paragraphs (1) through (3) herein, in every contract, subcontract or purchase order with a Contracting Party executed in connection with the Project, in such a manner that said provisions shall be binding upon each Contracting Party as to its obligations incurred in connection with the Project. 24 9803721_1 NON-DISCRIMINATION AND AFFIRMATIVE ACTION DEFINITIONS Affirmative Action Shall mean the actions to be undertaken by the Borrower, Grantee and any Contracting Party in connection with any project or initiative to ensure non-discrimination and Minority/Women-owned Business Enterprise and minority/female workforce participation, as set forth in paragraph 2) herein, and developed by DASNY. Affirmative Action Officer (“AAO”) Shall mean DASNY’s Affirmative Action Officer or his/her designee, managing the affirmative action program for DASNY. Contracting Party Shall mean (i) any contractor, subcontractor, consultant, subconsultant or vendor supplying goods or services, pursuant to a contract or purchase order in excess of $1,500, in connection with any projects or initiatives funded in whole or in part by DASNY and (ii) any borrower or Grantee receiving funds from DASNY pursuant to a loan or Grant document. Minority Business Enterprise (“MBE”) Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is (i) a lease fifty-one percent (51%) owned by one or more Minority Group Members; (ii) an enterprise in which such minority ownership is real, substantial and continuing, (iii) an enterprise in which such minority ownership has and exercises DASNY to control and operate, independently, the day-to-day business decisions of the enterprise; (iv) an enterprise authorized to do business in the State of New York and is independently owned and operated; and (v) an enterprise certified by New York State as a minority business. Minority Group Member Shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (i) Black persons having origins in any of the Black African racial groups; (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin, regardless of race; (iii) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands; and (iv) Native American or Alaskan native persons having origins in any of the original peoples of North America. Minority and Women-Owned Business Enterprise Participation Minority and Women-owned Business Enterprise participation efforts are not limited to the efforts suggested herein, and the role of M/WBE firms should not be restricted to that of a subcontractor/subconsultant. Where applicable, M/WBE firms should be considered for roles as prime contractors. Such efforts may include but not be limited to: (a) Dividing the contract work into smaller portions in such a manner as to permit subcontracting to the extent that it is economically and technically feasible to do so; (b) Actively and affirmatively soliciting bids from qualified M/WBEs, including circulation of solicitations to Minority and Women’s trade associations; (c) Making plans and specifications for prospective work available to M/WBEs in sufficient time for review; 25 9803721_1 (d) Utilizing the services and cooperating with those organizations providing technical assistance to the Contracting Party in connection with potential M/WBE participation on DASNY contract; (e) Utilizing the resources of DASNY Affirmative Action Unit to identify New York State certified M/WBE firms for the purpose of soliciting bids and subcontracts; (f) Encouraging the formation of joint ventures, associations, partnerships, or other similar entities with M/WBE firms, where appropriate, and (g) The Contracting Party shall remit payment in a timely fashion. Women-owned Business Enterprise (“WBE”) Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (i) at least fifty-one percent (51%) owned by one or more citizens or permanent resident aliens who are women; (ii) an enterprise in which the ownership interest of such women is real, substantial and continuing, (iii) an enterprise in which such women ownership has and exercises DASNY to control and operate, independently, the day-to-day business decisions of the enterprise; (iv) an enterprise authorized to do business in the State of New York and is independently owned and operated; and (v) an enterprise certified by New York State as woman- owned. Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF $300,000 WORTH OF GRANT FUNDING FROM THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK FROM SENATOR BROUK At the regular meeting of the Town Board of the Town of Irondequoit (“Town”), Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town, on the 16th day of November, 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 Dormitory Authority of the State of New York (“DASNY”), through its State and Municipalities Facilities Program, via a Legislative Member Item Award from Senator Brouk, has made available to the Town $300,000 in grant funding toward upgrades to various Town playgrounds (the “Grant”) as shown in Attachment (“A”); and WHEREAS, upgrades to various Town playgrounds (the “Project”) is advisable and in the best interest of the Town; and WHEREAS, it is advisable and in the best interest of the Town to fund the Project in part with the Grant funding; and WHEREAS, the Town of Irondequoit desires to apply for this grant funding; and WHEREAS, the Town of Irondequoit seeks approval to accept this grant funding. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor and / or Acting Supervisor to submit an application for $300,000 in grant funding DASNY toward Project. AND, BE IT FURTHER RESOLVED, that the Town Board accepts the Grant. AND, BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to apply for the Grant and that the form, terms and provisions of that certain Grant Disbursement Agreement between the DASNY and the Town, in substantially the form annexed hereto as Attachment A and in final form and substance to be approved by the Town Supervisor, and his 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 be, and hereby is, authorized, empowered and directed to take all such further actions and to execute, deliver, certify and file all such further agreements, undertakings, certificates, instruments and documents, in the name of and on behalf of the Town, and to pay all such costs, fees and expenses as the Town Supervisor shall approve as necessary or advisable to carry out the intent and accomplish the purposes of the foregoing recitals and resolution and the transactions contemplated thereby, the taking of such actions and the execution, delivery, certification and filing of such documents to be conclusive evidence of such approval. AND, BE IT FURTHER RESOLVED, that any and all actions taken by the Town Supervisor or his designee prior to the 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 _______ Attachment A (Grant Disbursement Agreement) 1 9803721_1 This GRANT DISBURSEMENT AGREEMENT includes all exhibits and attachments hereto and is made on the terms and by the parties listed below and relates to the project described below: DORMITORY AUTHORITY OF THE STATE OF NEW YORK (“DASNY”): 515 Broadway Albany, New York 12207 Contact: Phone: E-mail: grants@dasny.org THE GRANTEE: Town of Irondequoit 1280 Titus Avenue Rochester, NY 14617 Contact: The Honorable David Seeley Phone: (595) 336-6034 Email: dseeley@irondequoit.org THE PROJECT: PROJECT LOCATION: PROJECT ADDRESS: GRANT AMOUNT: $ FUNDING SOURCE: For Office Use Only: REDI APPLICATION DATE: EXPIRATION DATE OF THIS AGREEMENT: Project ID: FMS#: GranteeID: GrantID: REDUCE INVOICE AMOUNT BY 5%: YES NO 2 9803721_1 TERMS AND CONDITIONS 1. The Project The Grantee will perform tasks within the scope of the project description, budget, and timeline as set forth in the Project Budget attached hereto as Exhibit A (collectively, the “Project”) which was described by the Grantee in the REDI Application submitted by the Grantee, then reviewed by DASNY and approved by the State. 2. Project Budget and Use of Funds a) The Grantee will undertake and complete the Project in accordance with the overall budget, which includes the Grant funds, as set forth in the attached Exhibit A. The Grant will be applied to eligible expenses which are as described in the REDI Application, and fall within the scope of the project description set forth in the attached Exhibit A. b) Grantee agrees and covenants to apply the Grant proceeds only to capital works or purposes, which shall consist of the following: i. the acquisition, construction, demolition, or replacement of a fixed asset or assets; ii. the major repair or renovation of a fixed asset, or assets, which materially extends its useful life or materially improves or increases its capacity; or iii. the planning or design of the acquisition, construction, demolition, replacement, major repair or renovation of a fixed asset or assets, including the preparation and review of plans and specifications including engineering and other services, field surveys and sub-surface investigations incidental thereto. c) Grantee agrees and covenants that the Grant proceeds shall not be used for costs that are not capital in nature, which include, but shall not be limited to working capital, rent, utilities, salaries, supplies, administrative expenses, or to pay down debt incurred to undertake the Project. d) No addition, modification or deletion to the GDA shall be effective without submission of a Project Change Request in the form of Exhibit F. The Project Change Request must be accepted by the Oversight Agency and approved by the REDI Commission. 3. Books and Records The Grantee will maintain accurate books and records concerning the Project for six (6) years from the date the Project is completed and will make those books and records available to DASNY, its agents, officers and employees during Grantee’s business hours upon reasonable request. In the event of earlier termination of this Agreement, such documentation shall be made available to DASNY, its agents, officers and employees for six (6) years following the date of such early termination. 3 9803721_1 4. Conditions Precedent to Disbursement of the Grant No Grant funds shall be disbursed until the following conditions have been satisfied: a) DASNY has received the project description, budget, and timeline as set forth in the attached Exhibit A, and an opinion of Grantee’s counsel, in substantially the form attached hereto as Exhibit B; and b) The requirements of the REDI Program have been met including, but not limited to contributing a minimum of 5% of the REDI Project Amount ; and c) The monies required to fund the Grant have been received by DASNY; and d) In the event of disbursement pursuant to paragraph 5(b) below, the Grantee has provided DASNY with documentation evidencing that a segregated account has been established by the Grantee into which Grant funds will be deposited (the “Segregated Account”). Eligible Expenses incurred in connection with the Project to be financed with Grant proceeds that are to be paid on invoice shall be paid out of the Segregated Account. The funds in such account shall not be used for any other purpose. e) The Grantee certifies that it is in compliance with the provisions of the REDI Program as well as this Agreement and that the Grant will only be used for the Project set forth in the REDI Application and in Exhibit A hereto. f) Not-for-profit organizations are required to register and prequalify on the New York State Grants Gateway (https://grantsmanagement.ny.gov/) in order to receive Grant funds. The Grantee’s Document Vault must be in prequalification status prior to any disbursements of the grant funds. 5. Disbursement Subject to the terms and conditions contained in this Agreement, DASNY shall disburse the Grant to the Grantee, in the manner set forth in Exhibit D, as follows: a) Reimbursement: DASNY shall make payment directly to the Grantee in the amount of Eligible Expenses actually incurred and paid for by the Grantee, upon presentation to DASNY of: i. the Payment Requisition Forms attached to this Agreement as Exhibit E and its attachments; ii. copies of invoices for Eligible Expenses from the Grantee’s contractor and/or vendor and proof of payment from the Grantee to the contractor and/or vendor in a form acceptable to DASNY; and iii. such additional supporting documentation as DASNY may require in order to clearly demonstrate that Eligible Expenses were incurred and paid by the Grantee in connection with the Project described herein; or 4 9803721_1 b) Payment on Invoice: i. DASNY may make payment directly to the Grantee in the amount of Eligible Expenses actually incurred by the Grantee, upon presentation to DASNY of: 1) the Payment Requisition Forms attached to this Agreement as Exhibit E and its attachments; 2) copies of invoices for Eligible Expenses from the Grantee’s contractor and/or vendor in a form acceptable to DASNY evidencing the completion of work; and 3) such additional supporting documentation as DASNY may require in order to clearly demonstrate that Eligible Expenses were incurred by the Grantee in connection with the Project described herein. ii. The Grantee must deposit all Grant proceeds paid on invoice pursuant to this paragraph 5(b) into the Segregated Account established pursuant to Paragraph 4(d). All Eligible Expenses incurred in connection with the Project to be financed with Grant funds that are to be paid on invoice must be paid out of this account. The account shall not be used for any other purpose. iii. The Grantee must provide proof of disbursement of Grant funds to the respective contractor and/or vendor in a form acceptable to DASNY, within sixty (60) days of the date that Grant funds are disbursed to the Grantee to pay for such costs. DASNY will not make any additional disbursements from Grant funds until such time as proof of payment is provided. iv. Utilizing the Grant funds paid to the Grantee pursuant to this section for any purpose other than paying the contractors and/or vendors identified in the requisition documentation in the amounts set forth in the requisition shall constitute a default under this Agreement and shall, at a minimum, result in the denial of payment on invoice for subsequent requisitions. v. DASNY may deny payment on invoice at its sole and absolute discretion, thereby restricting the method of payment pursuant to this contract to reimbursement subject to the terms of Section 5(a). c) Real Property Acquisition: i. Prior to closing on the sale of the subject real property, DASNY shall be provided with an executed Escrow Instruction Letter, signed by DASNY and an escrow agent approved by DASNY, a title report, the draft deed and any other documents requested by DASNY to justify and support the costs to be paid at the closing from Grant funds. ii. DASNY shall transfer the Grant funds to the escrow agent to hold in escrow pending closing. The Grant funds will be wired to the escrow agent not more than one (1) business day prior to the scheduled closing unless otherwise approved by DASNY. 5 9803721_1 iii. On the day of the closing, the escrow agent shall provide DASNY with copies of the executed deed, a copy of the title insurance policy, the final closing statement setting forth costs to be paid at closing, and copies of any checks to be drawn against Grant funds. iv. Upon DASNY approval, the escrow agent shall disburse the Grant funds as set forth in the documentation described in (iii), above. d) Electronic Payments Program: DASNY reserves the right to implement an electronic payment program (“Electronic Payment Program”) for all payments to be made to the Grantee thereunder. Prior to implementing an Electronic Payment Program, DASNY shall provide the Grantee written notice one hundred twenty days prior to the effective date of such Electronic Payment Program (“Electronic Payment Effective Date”). Commencing on or after the Electronic Payment Effective Date, all payments due hereunder by the Grantee shall only be rendered electronically, unless payment by paper check is expressly authorized by DASNY. Commencing on or after the Electronic Payment Effective Date the Grantee further acknowledges and agrees that DASNY may withhold any request for payment hereunder, if the Grantee has not complied with DASNY’s Policies and Procedures relating to its Electronic Payment Program in effect at such time, unless payment by paper check is expressly authorized by DASNY. e) In no event will DASNY make any payment which would cause DASNY’s aggregate disbursements to exceed the Grant amount. f) The Grant, or a portion thereof, may be subject to recapture by DASNY as provided in Section 9(c) hereof. 6. Non-Discrimination and Affirmative Action The Grantee shall make its best effort to comply with DASNY’s Non-Discrimination and Affirmative Action policies set forth in Exhibit G to this Agreement. 7. No Liability of DASNY or the State DASNY shall not in any event whatsoever be liable for any injury or damage, cost or expense of any nature whatsoever that occurs as a result of or in any way in connection with the Project and the Grantee hereby agrees to indemnify and hold harmless DASNY, the State and their respective agents, officers, employees and directors (collectively, the “Indemnitees”) from and against any and all such liability and any other liability for injury or damage, cost or expense resulting from the payment of the Grant by DASNY to the Grantee or use of the Project in any manner, including in a manner which, if the bonds are issued on a tax-exempt basis, (i) results in the interest on the bonds issued by DASNY the proceeds of which were used to fund the Grant (the “Bonds”) to be includable in gross income for federal income tax purposes or (ii) gives rise to an allegation against DASNY by a governmental agency or authority, which DASNY defends that the interest on the Bonds is includable in gross income for federal income tax purposes, other than that caused by the gross negligence or the willful misconduct of the Indemnitees. 6 9803721_1 8. Warranties and Covenants The Grantee warrants and covenants that: a) The Grant shall be used solely for Eligible Expenses in accordance with the Terms and Conditions of this Agreement. b) No materials, if any, purchased with the Grant will be used for any purpose other than the eligible Project costs as identified in Exhibit A. c) The Grantee agrees to utilize all funds disbursed in accordance with this Agreement in accordance with the terms of the REDI Program. d) The Grantee is solely responsible for all Project costs in excess of the Grant. The Grantee will incur and pay Project costs and submit requisitions for reimbursement in connection with such costs. e) The Grantee has sufficient, secured funding for all Project costs in excess of the Grant, and will complete the Project as described in the REDI Application and in this Agreement. f) The Grantee agrees to use its best efforts to utilize the Project for substantially the same purpose set forth in this Agreement until such time as the Grantee determines that the Project is no longer reasonably necessary or useful in furthering the public purpose for which the grant was made. g) There has been no material adverse change in the financial condition of the Grantee since the date of submission of the REDI Application to DASNY. h) No part of the Grant will be applied to any expenses paid or payable from any other external funding source, including State or Federal grants, or grants from any other public or private source. i) The Grantee owns, leases, or otherwise has control over the site where the Project will be located. If the Project includes removable equipment or furnishings including but not limited to, computer hardware and software, air conditioning units, lab equipment, office furniture and telephone systems, Grantee will develop, implement and maintain an inventory system for tracking such removable equipment and furnishings. j) In the event the Grantee will utilize the Grant funds to acquire real property, the Grantee must retain title ownership to the real property. If at any time during the term of this Agreement the real property is repurchased by the Seller or otherwise conveyed to any entity other than the Grantee, the Grantee will notify DASNY within 10 business days from the date the contract of sale is executed OR within 10 business days from the date the Grantee initiates or is notified of the intent to transfer ownership of the real property, whichever is earlier. In that event, Grantee hereby agrees to repay to DASNY all Grant funds disbursed pursuant to this Agreement. k) The Project to be funded by the Grant will be located in the State of New York. If the Grant will fund all or a portion of the purchase of any type of vehicle, such vehicle will 7 9803721_1 be registered in the State of New York and a copy of the New York State Vehicle Registration documents will be provided to DASNY’s Accounts Payable Department at the time of requisition. l) Grantee is in compliance with, and shall continue to comply in all material respects, with all applicable laws, rules, regulations and orders affecting the Grantee and the Project including but not limited to maintaining the Grantee’s document vault on the New York State Grants Reform Gateway (https://grantsmanagement.ny.gov/). m) The Grantee has obtained all necessary consents and approvals from the property owner in connection with any work to be undertaken in connection with the Project. n) All contractors and vendors retained to perform services in connection with the Project shall be authorized to do business in the State of New York and/or filed such documentation, certifications, or other information with the State or County as required in order to lawfully provide such services in the State of New York. In addition, said contractor/vendors shall possess and maintain all professional licenses and/or certifications required to perform the tasks undertaken in connection with the Project. o) Neither the Grantee nor any of the members of its Board of Directors or other governing body or its employees have given or will give anything of value to anyone to procure the Grant or to influence any official act or the judgment of any person in the performance of any of the terms of this Agreement. p) The Grant shall not be used in any manner for any of the following purposes: i. political activities of any kind or nature, including, but not limited to, furthering the election or defeat of any candidate for public, political or party office, or for providing a forum for such candidate activity to promote the passage, defeat, or repeal of any proposed or enacted legislation; ii. religious worship, instruction or proselytizing as part of, or in connection with, the performance of this Agreement; iii. payments to any firm, company, association, corporation or organization in which a member of the Grantee’s Board of Directors or other governing body, or any officer or employee of the Grantee, or a member of the immediate family of any member of the Grantee’s Board of Directors or other governing body, officer, or employee of the Grantee has any ownership, control or financial interest, including but not limited to an officer or employee directly or indirectly responsible for the preparation or the determination of the terms of the contract or other arrangement pursuant to which the proceeds of the Grant are to be disbursed. For purposes of this paragraph, “ownership” means ownership, directly or indirectly, of more than five percent (5%) of the assets, stock, bonds or other dividend or interest-bearing securities; and “control” means serving as a member of the board of directors or other governing body, or as an officer in any of the above; and 8 9803721_1 iv. payment to any member of Grantee’s Board of Directors or other governing body of any fee, salary or stipend for employment or services, except as may be expressly provided for in this Agreement. q) The relationship of the Grantee (including, for purposes of this paragraph, its officers, employees, agents and representatives) to DASNY arising out of this Agreement shall be that of an independent contractor. The Grantee covenants and agrees that it will conduct itself in a manner consistent with such status, that it will neither hold itself out as, nor claim to be, an officer, employee, agent or representative of DASNY or the State by reason hereof, and that it will not by reason thereof, make any claim, demand or application for any right or privilege applicable to an officer, employee, agent or representative of DASNY or the State, including without limitation, worker’s compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. r) The information contained in the REDI Application submitted by the Grantee in connection with the Project and the Grant, as such may have been amended or supplemented and any supplemental documentation requested by the State or DASNY in connection with the Grant, is incorporated herein by reference in its entirety. In the event of an inconsistency between the descriptions, conditions, and terms of this Agreement and those contained in the REDI Application, the provisions of this Agreement shall govern. The Grantee hereby acknowledges that DASNY has relied on the statements and representations made by the Grantee in the REDI Application and any supplemental information in making the Grant. The Grantee hereby represents and warrants that it has made no material misstatement or omission of fact in the REDI Application, supplemental information, or otherwise in connection with the Grant and that the information contained in the REDI Application and supplemental information continues on the date hereof to be materially correct and complete. s) The Grantee hereby represents and warrants that it has made no material misstatement or omission of fact in the Grantee Questionnaire (“GQ”), attached hereto as Exhibit C, or the Grantee’s document vault in the New York State’s Grants Reform Gateway completed by the Grantee in connection with the Project and the Grant, and that the responses in the GQ and the document vault continue on the date hereof to be materially correct and complete. The Grantee hereby acknowledges that DASNY has relied on the statements and representations made by the Grantee in the GQ in making the Grant, and that the Grantee will be required to reaffirm the information therein each time a requisition for grant funds is presented to DASNY. t) The Grantee is duly organized, validly existing and in good standing under the laws of the State of New York, or is duly organized and validly existing under the laws of another jurisdiction and is authorized to do business and is in good standing in the State of New York and shall maintain its corporate existence in good standing in each such jurisdiction for the term of this Agreement, and has full power and authority to execute and deliver the Agreement and to perform its obligations thereunder; u) The Grantee agrees to provide such documentation to DASNY as may be requested by DASNY in its sole and absolute discretion to support a requisition for payment, to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by DASNY in connection with the Grant, and further 9 9803721_1 acknowledges that if documentation requested in connection with a requisition for payment does not, in the sole and absolute discretion of DASNY, provide adequate support for the costs requested, that such requisition request shall be denied and payment shall not be made to the Grantee. v) The Agreement was duly authorized, executed and delivered by the Grantee and is binding on and enforceable against the Grantee in accordance with its terms. w) The Grantee has contributed, or will contribute, the standard matching requirement for the required non-state funds contribution of the Project costs in a form allowed by the Program. The Grantee’s matching requirement is 5% of the REDI Project Amount. 9. Default and Remedies a) Each of the following shall constitute a default by the Grantee under this Agreement: i. Failure to perform or observe any obligation, warranty or covenant of the Grantee contained herein, or the failure by the Grantee to perform the requirements herein to the reasonable satisfaction of DASNY and within the time frames established therefor under this Agreement. ii. Failure to comply with any request for information reasonably made by DASNY to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by DASNY in connection with the Grant. iii. The making by the Grantee of any false statement or the omission by the Grantee to state any material fact in or in connection with this Agreement or the Grant, including information provided in the REDI Application or in any supplemental information that may be requested by the State or DASNY. iv. The Grantee shall (A) be generally not paying its debts as they become due, (B) file, or consent by answer or otherwise to the filing against it of, a petition under the United States Bankruptcy Code or under any other bankruptcy or insolvency law of any jurisdiction, (C) make a general assignment for the benefit of its general creditors, (D) consent to the appointment of a custodian, receiver, trustee or other officer with similar powers of itself or of any substantial part of its property, (E) be adjudicated insolvent or be liquidated or (F) take corporate action for the purpose of any of the foregoing. v. An order of a court having jurisdiction shall be made directing the sale, disposition or distribution of all or substantially all of the property belonging to the Grantee, which order shall remain undismissed or unstayed for an aggregate of thirty (30) days. vi. The Grantee abandons the Project prior to its completion. vii. The Grantee is found to have falsified or modified any documents submitted in connection with this grant, including but not limited to invoice, contract or 10 9803721_1 payment documents submitted in connection with a Grantee’s request for payment/reimbursement. viii. Utilizing the Grant funds paid to the Grantee pursuant to Section 5(b) for any purpose other than paying the contractors and/or vendors identified in the requisition documentation in the amounts set forth in the requisition. b) Upon the occurrence of a default by the Grantee and written notice by DASNY indicating the nature of the default, DASNY shall have the right to terminate this Agreement. c) Upon any such termination, DASNY may withhold any Grant proceeds not yet disbursed and may require repayment of Grant proceeds already disbursed. If DASNY determines that any Grant proceeds had previously been released based upon fraudulent representations or other willful misconduct, DASNY may require repayment of those funds and may refer the matter to the appropriate authorities for prosecution. DASNY shall be entitled to exercise any other rights and seek any other remedies provided by law. 10. Term of Agreement Notwithstanding the provisions of Section 9 hereof, this Agreement shall terminate three (3) years after the latest date set forth on the front page hereof without any further notice to the Grantee. DASNY, in its sole discretion, may extend the term of this Agreement upon a showing by the Grantee that the Project is under construction and is expected to be completed within the succeeding twelve (12) months. All requisitions must be submitted to DASNY in proper form prior to the termination date in order to be reimbursed. 11. Project Audit DASNY shall, upon reasonable notice, have the right to conduct, or cause to be conducted, one or more audits, including field inspections, of the Grantee to assure that the Grantee is in compliance with this Agreement. This right to audit shall continue for six (6) years following the completion of the Project or earlier termination of this Agreement. 12. Survival of Provisions The provisions of Sections 3, 7, 8(o), 8(p) and 11 shall survive the expiration or earlier termination of this Agreement. 13. Notices Each notice, demand, request or other communication required or otherwise permitted hereunder shall be in writing and shall be effective upon receipt if personally delivered or sent by any overnight service or three (3) days after dispatch by certified mail, return receipt requested, to the addresses set forth on this document’s cover page. 14. Assignment The Grantee may not assign or transfer this Agreement or any of its rights hereunder. 11 9803721_1 15. Modification This Agreement may be modified only by a written instrument executed by the party against whom enforcement of such modification is sought and in accordance with Section 2(d) of this Agreement. 16. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York. This Agreement shall be construed without the aid of any presumption or other rule of law regarding construction against the party drafting this Agreement or any part of it. In case any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such provision(s) had never been contained herein. 17. Confidentiality of Information Any information contained in reports made to DASNY or obtained by DASNY as a result of any audit or examination of Grantee’s documents or relating to trade secrets, operations and commercial or financial information, including but not limited to the nature, amount or source of income, profits, losses, financial condition, marketing plans, manufacturing processes, production costs, productivity rates, or customer lists, provided that such information is clearly marked “confidential” by the Grantee that concerns or relates to trade secrets, operations and commercial or financial information, including but not limited to the nature, amount or source of income, profits, losses or expenditures, financial condition, marketing plans, manufacturing processes, production costs, productivity rates, or customer lists, which is determined by DASNY to be exempt from public disclosure under the Freedom of Information Law, shall be considered business confidential and is not to be released to anyone, except DASNY and staff directly involved in assisting the Grantee, without prior written authorization from the Grantee, as applicable. Notwithstanding the foregoing, DASNY will not be liable for any information disclosed, in DASNY’s sole discretion, pursuant to the Freedom of Information Law, or which DASNY is required to disclose pursuant to legal process. 18. Executory Clause This Agreement shall be deemed executory to the extent of monies available for the REDI Program to DASNY. 12 9803721_1 Town of Irondequoit Project ID This agreement is entered into as of the latest date written below: GRANTEE: TOWN OF IRONDEQUOIT /GRANTEESIGNATURE/ (Signature of Grantee Authorized Officer) /GRANTEENAME/ /GRANTEETITLE/ (Printed Name and Title) Date: /GRANTEESIGNEDDATE/ DORMITORY AUTHORITY OF THE STATE OF NEW YORK /DASNYSIGNATURE/ (Signature of DASNY Authorized Officer) /DASNYSIGNATURENAME/ /DASNYTITLE/ (Printed Name) Date: /DASNYSIGNEDDATE/ DASNY OFFICE USE ONLY GRANTS ADMIN REVIEW FINAL LEGAL REVIEW APPROVED FOR LEGAL REVIEW: /GAAPPROVER/ APPROVED FOR SIGNATURE: /DASNYAPPROVER/ DATE: /GAAPPROVEDDATE/ DATE: /DASNYAPPROVEDDATE/ 13 9803721_1 GRANT DISBURSEMENT AGREEMENT EXHIBITS EXHIBIT A Project Budget EXHIBIT B Opinion of Counsel EXHIBIT C Grantee Questionnaire EXHIBIT D Disbursement Terms EXHIBIT E Payment Requisition Form and Dual Certification EXHIBIT E-1 Payment Requisition Cover Letter EXHIBIT E-2 Payment Requisition Back-up Summary EXHIBIT F Non-Discrimination and Affirmative Action Policy 14 9803721_1 EXHIBIT A: Project Budget Town of Irondequoit Project ID USE OF FUNDS TIMELINE SOURCES Tot al Anticipated Dates** DASNY Share In-Kind/Equity/Sponsor Other Sources Project Description* Start End Amount Source Name Amount Entity Name Amount MO. /STARTD/ /ENDD/ $ $ $ $ * Please note that the project description as set forth in this column must summarize the scope of the Eligible Expenses set forth in the REDI Application as per Section 2(a) of this Agreement for which reimbursement or payment on invoice will be sought. Please ensure that the project description is an appropriate summary of the Eligible Expenses for which grantee will be submitting for requisition. The failure to ensure all Eligible Expenses are consistent with the project description may delay payment. ** Please be sure to complete the anticipated start and end dates in the Project timeline. 15 9803721_1 EXHIBIT B: Opinion of Counsel DASNY 515 Broadway Albany, New York 12207 Attn: Michael E. Cusack, General Counsel Re: Lake Ontario Resiliency and Economic Development Initiative (“REDI”) Grant Project ID Ladies and Gentlemen: I have acted as counsel to Town of Irondequoit (the “Grantee”) in connection with the Project referenced above. In so acting, I have reviewed a certain Grant Disbursement Agreement between you and the Grantee (the “Agreement”) and such other documents as I consider necessary to render the opinion expressed hereby. Based on the foregoing, I am of the opinion that: 1. the Grantee is duly organized, validly existing and in good standing under the laws of the State of New York or, is duly organized and validly existing under the laws of another jurisdiction. The Grantee is authorized to do business and is in good standing in the State of New York and has full power and authority to execute and deliver the Agreement and to perform its obligations thereunder; and 2. the Agreement was duly authorized, executed and delivered by the Grantee and is binding on and enforceable against the Grantee in accordance with its terms. RD_1 By selecting this option and providing my electronic signature, I hereby execute and deliver a validly binding legal opinion in the form of this Exhibit B, just the same as a pen-and-paper signature on a separate document. /ATTORNEYSIG/ /ATTORNEYNAME/ /ATTORNEYFIRM/ RD_2 Approved – Legal Opinion attached /ATTACHOPINION/ /ATTORNEYNAMEATTACH/ /ATTORNEYFIRMATTACH/ 16 9803721_1 **Instructions – Grantee’s Attorney will choose appropriate response . If “Approved as to form” is checked, the Attorney will DocuSign form. If “Approved – Legal Opinion attached” is checked, the Attorney must attach a legal opinion using the language provided in this exhibit. EXHIBIT C: Grantee Questionnaire PLEASE READ THE FOLLOWING: 1) You are acknowledgeing the following regarding the included Grantee Questionnaire: • This inserted Grantee Questionnaire is an accurate and true copy of such previously submitted DASNY Grantee Questionnaire. • The Grantee certifies that there has been no material change in the information provided in the Grantee Questionnaire. 17 9803721_1 EXHIBIT D: Disbursement Terms Town of Irondequoit Project ID Subject to the terms and conditions contained in this Agreement, DASNY shall disburse the Grant to the Grantee as follows: Standard Reimbursement DASNY shall make payment to the Grantee, no more frequently than monthly, based upon Eligible Expenses (as set forth and in accordance with the schedule in Exhibit A) actually incurred by the Grantee, in compliance with Exhibit A and upon presentation to DASNY of the Payment Requisition Forms attached to this Agreement as Exhibit E and its attachments, together with such supporting documentation as DASNY may require in order to clearly demonstrate that Eligible Expenses were actually incurred by the Grantee in connection with the Project described herein. Payment shall be made by reimbursement, subject to the terms and conditions of Sections 4 and 5(a) of this Agreement; by payment on invoice subject to the terms and conditions of Sections 4 and 5(b) of this Agreement; or, for real property acquisition, subject to the terms and conditions of Sections 4 and 5(c) of this Agreement. Supporting documentation acceptable to DASNY must be provided prior to payment, including invoices and proof of payment in a form acceptable to DASNY. If the fronts and backs of canceled checks cannot be obtained from the Grantee’s financial institution, a copy of the front of the check must be provided, along with a copy of a bank statement clearly showing that payment was made by the Grantee to the contractor. DASNY reserves the right to request additional supporting documentation in connection with requests for payment, including the backs of canceled checks, certifications from contractors or vendors, or other documentation to verify that grant funds are properly expended. Please note that quotes, proposals, estimates, purchase orders, and other such documentation do NOT qualify as invoices. The Grantee agrees to provide such documentation to DASNY as may be requested by DASNY in its sole and absolute discretion to support a requisition for payment, to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by DASNY in connection with the Grant, and further acknowledges that if documentation requested in connection with a requisition for payment does not, in the sole and absolute discretion of DASNY, provide adequate support for the costs requested, that such requisition request shall be denied and payment shall not be made to the Grantee. All expenses submitted for reimbursement or payment on invoice must be for work completed at the approved Project location(s) and/or items received at the approved Project location(s) prior to the date of the request for reimbursement/payment. In addition, if funds are requisitioned for the purchase of a vehicle, the New York State Vehicle Registration Documents and title must be submitted along with the requisition forms. 18 9803721_1 EXHIBIT E: Payment Requisition Form and Dual Certification Town of Irondequoit Project ID Payment Request # For work completed between / / and / / THIS REQUEST: A: DASNY SHARE* B: THIS REQUEST C: TOTAL REQUESTED PRIOR TO THIS REQUEST D: A-B-C BALANCE $ * Please note that when submitting a requisition for payment, DASNY can only reimburse for capital expenditures for the Project as set forth in Exhibit A of this Agreement. In addition, all capital expenditures are to be both incurred (billed to) and paid for by the named Grantee. Capital expenditures include the costs of acquisition, design, construction, reconstruction, rehabilitation, preservation, development, improvement, modernization and equipping of the approved Project location. For Office Use Only: FMS#: 147588 GranteeID: 1515 GrantID: 21388 19 9803721_1 EXHIBIT E: Payment Requisition Form and Dual Certification DUAL CERTIFICATION This certification must be signed by two Authorized Officers of the Town of Irondequoit, for Project # . We hereby warrant and represent to DASNY that: 1. To the best of our knowledge, information and belief, the expenditures described in Payment Requisition Request # attached hereto in the amount of $ for which Town of Irondequoit, is seeking payment and/or reimbursement comply with the requirements of the Agreement between DASNY and Town of Irondequoit (the “Agreement”), are Eligible Expenses, and that the payment and/or reimbursement of expenditures for which it is seeking payment and/or reimbursement from DASNY does not duplicate reimbursement or disbursement of costs and/or expenses from any other source. 2. The warranties and covenants contained in Section 8 of the Agreement are true and correct as if made on the date hereof. 3. The Eligible Expenses for which reimbursement is sought in connection with this requisition were actually incurred by the Grantee named on the cover page of this Agreement, and/or will be paid by the Grantee solely from the Segregated Account established pursuant to paragraph 4(d) of the Grant Disbursement Agreement to the contractor named on the invoices submitted in connection with this requisition and shall not be used for any other purpose. 4. All Project costs described in any contractor/vendor invoice submitted pursuant the payment requisition form have been completely and fully performed and/or received on site at the applicable project location prior to the date hereof. 5. Proof of disposition of funds from the Segregated Account to the contractor and/or vendors that are being paid on invoice, if any, will be provided to DASNY within sixty (60) days of the date that Grant funds are disbursed to the Grantee to pay for such costs. We understand that in the event that acceptable proof of payment is not provided, DASNY will not make any additional disbursements from Grant funds until such time as such proof of payment is provided. 6. We have the authority to submit this requisition on behalf of Town of Irondequoit. All eligible expenses have been incurred within the scope of the project description set forth in the schedule in Exhibit A to this Agreement. 7. The following documents are hereby attached for DASNY approval, in support of this requisition, and are accurate images of the original documents (Please check off all that apply): Readable copies of both front and back of canceled checks. Readable copies of the front of the checks and copies of bank statements showing that the checks have cleared. Copy of New York State Vehicle Registration and Title documents for all vehicles purchased with Grant funds. Invoices/receipts for eligible goods/services that have been received/performed at the approved Project location(s) and a completed Exhibit E-2: Payment Requisition Back-up Summary. Other: Authorized Officer Signature: ___________________________________ Date: ______________ Print Name: ___________________________________ Title: ___________________________________ Authorized Officer Signature: ___________________________________ Date ______________ Print Name: ___________________________________ Title: ___________________________________ 20 9803721_1 EXHIBIT E-l: Payment Requisition Cover Letter ON GRANTEE’S LETTERHEAD Date Attention: Accounts Payable - Grants DASNY 515 Broadway Albany, New York 12207 Re: Lake Ontario Resiliency and Economic Development Initiative (“REDI”) Grant Project No. To Whom It May Concern: Enclosed please find our request for payment/reimbursement. The package includes completed Exhibits E and E-2, including a Dual Certification with original signatures from two authorized officers. I have also included supporting documentation and invoices, as summarized in Exhibit E-2. Below I have checked off the relevant payment option and completed the required payment information. This information is complete and accurate as of the date of this letter: 1) We would like to be paid by reimbursement pursuant to section 5(a) of the grant disbursement agreement. Proof of payment is enclosed for all invoices submitted in this request. Please remit payment by check. OR 2) We would like to be paid by reimbursement pursuant to section 5(a) of the grant disbursement agreement. Proof of payment is enclosed for all invoices submitted in this request. Please remit payment by wire. The wire instructions for our account are as follows: BANK NAME: ACCOUNT #: ACCOUNT NAME: ABA #: OR 3) We would like to be paid on invoice pursuant to Section 5(b) of the grant disbursement agreement. We have not paid the invoice(s) included in this request. We have established a segregated account to be used solely for accepting and disbursing funds from DASNY for this grant and for no other purpose. The wire instructions for this account are as follows: BANK NAME: ACCOUNT #: ACCOUNT NAME: ABA #: If any further information is needed, please contact me at ( ) . Signature: Print Name: Title: 21 9803721_1 EXHIBIT E-2: Payment Requisition Back-up Summary Town of Irondequoit Project ID Please list below all invoice amounts totaling the amount for which you are seeking reimbursement in this request. Invoices should be organized and total amount requested for reimbursement from grant subtotaled. Please use additional sheets if necessary. VENDOR/ CONTRACTOR NAME INVOICE/ APPLICATION # AMOUNT REQUESTED FROM GRANT FUNDS COMMENT TOTAL Requested: (Transfer total amount requested to Exhibit E pg. 18 column B) 22 9803721_1 EXHIBIT F: Project Change Request Town of Irondequoit Project ID Oversight Agency: OPRHP REDI Project (s): MO. Reason for Project Change: Revise Project Scope Amend Project Timeline Decline Project Justification for Project Change * Please note that when submitting a Project Change Request, DASNY wil review and coordinate with the Oversight Agency and the REDI Commission. Oversight Agency Acceptance: ___________________ REDI Commission Approval: _____________________ 23 9803721_1 EXHIBIT G NON-DISCRIMINATION AND AFFIRMATIVE ACTION POLICY FOR THE PROJECT It is the policy of the State of New York and DASNY, to comply with all federal, State and local law, policy, orders, rules and regulations which prohibit unlawful discrimination because of race, creed, color, national origin, sex, sexual orientation, age, disability or marital status, and to take affirmative action to ensure that Minority and Women-owned Business Enterprises (M/WBEs), Minorities Group Members and women share in the economic opportunities generated by DASNY’s participation in projects or initiatives, and/or the use of DASNY funds. 1) The recipient of State funds represents that its equal employment opportunity policy statement incorporates, at a minimum, the policies and practices set forth below: a) Grantee shall (i) not unlawfully discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, sexual orientation, age, disability or marital status, (ii) undertake or continue existing programs of affirmative action to ensure that Minority Group Members and women are afforded equal employment opportunities, and (iii) make and document its conscientious and active efforts to employ and utilize M/WBEs, Minority Group Members and women in its workforce on contracts. Such action shall be taken with reference to, but not limited to, solicitations or advertisements for employment, recruitment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b) At the request of the AAO, the Grantee shall request each employment agency, labor union, or authorized representative of workers with whom it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative does not unlawfully discriminate, and that such union or representative will affirmatively cooperate in the implementation of the Grantee’s obligations herein. 2) The Grantee is encouraged to include minorities and women in any job opportunities created by the Project; and to solicit and utilize M/WBE firms for any contractual opportunities generated in connection with the Project. 3) Grantee represents and warrants that, for the duration of the Agreement, it shall furnish all information and reports required by the AAO and shall permit access to its books and records by DASNY, or its designee, for the purpose of ascertaining compliance with provisions hereof. 4) Grantee shall include or cause to be included, paragraphs (1) through (3) herein, in every contract, subcontract or purchase order with a Contracting Party executed in connection with the Project, in such a manner that said provisions shall be binding upon each Contracting Party as to its obligations incurred in connection with the Project. 24 9803721_1 NON-DISCRIMINATION AND AFFIRMATIVE ACTION DEFINITIONS Affirmative Action Shall mean the actions to be undertaken by the Borrower, Grantee and any Contracting Party in connection with any project or initiative to ensure non-discrimination and Minority/Women-owned Business Enterprise and minority/female workforce participation, as set forth in paragraph 2) herein, and developed by DASNY. Affirmative Action Officer (“AAO”) Shall mean DASNY’s Affirmative Action Officer or his/her designee, managing the affirmative action program for DASNY. Contracting Party Shall mean (i) any contractor, subcontractor, consultant, subconsultant or vendor supplying goods or services, pursuant to a contract or purchase order in excess of $1,500, in connection with any projects or initiatives funded in whole or in part by DASNY and (ii) any borrower or Grantee receiving funds from DASNY pursuant to a loan or Grant document. Minority Business Enterprise (“MBE”) Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is (i) a lease fifty-one percent (51%) owned by one or more Minority Group Members; (ii) an enterprise in which such minority ownership is real, substantial and continuing, (iii) an enterprise in which such minority ownership has and exercises DASNY to control and operate, independently, the day-to-day business decisions of the enterprise; (iv) an enterprise authorized to do business in the State of New York and is independently owned and operated; and (v) an enterprise certified by New York State as a minority business. Minority Group Member Shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (i) Black persons having origins in any of the Black African racial groups; (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin, regardless of race; (iii) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands; and (iv) Native American or Alaskan native persons having origins in any of the original peoples of North America. Minority and Women-Owned Business Enterprise Participation Minority and Women-owned Business Enterprise participation efforts are not limited to the efforts suggested herein, and the role of M/WBE firms should not be restricted to that of a subcontractor/subconsultant. Where applicable, M/WBE firms should be considered for roles as prime contractors. Such efforts may include but not be limited to: (a) Dividing the contract work into smaller portions in such a manner as to permit subcontracting to the extent that it is economically and technically feasible to do so; (b) Actively and affirmatively soliciting bids from qualified M/WBEs, including circulation of solicitations to Minority and Women’s trade associations; (c) Making plans and specifications for prospective work available to M/WBEs in sufficient time for review; 25 9803721_1 (d) Utilizing the services and cooperating with those organizations providing technical assistance to the Contracting Party in connection with potential M/WBE participation on DASNY contract; (e) Utilizing the resources of DASNY Affirmative Action Unit to identify New York State certified M/WBE firms for the purpose of soliciting bids and subcontracts; (f) Encouraging the formation of joint ventures, associations, partnerships, or other similar entities with M/WBE firms, where appropriate, and (g) The Contracting Party shall remit payment in a timely fashion. Women-owned Business Enterprise (“WBE”) Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (i) at least fifty-one percent (51%) owned by one or more citizens or permanent resident aliens who are women; (ii) an enterprise in which the ownership interest of such women is real, substantial and continuing, (iii) an enterprise in which such women ownership has and exercises DASNY to control and operate, independently, the day-to-day business decisions of the enterprise; (iv) an enterprise authorized to do business in the State of New York and is independently owned and operated; and (v) an enterprise certified by New York State as woman- owned. Resolution No. 2021 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AWARDING LANDSCAPING SERVICES AT VARIOUS IRONDEQUOIT TOWN LOCATIONS 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 16th day of November, 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, it is necessary to contract for landscaping services for various Irondequoit Town locations; and WHEREAS, the Town of Irondequoit issued an Invitation to Bid and caused the Notice to Bid to be published in the Daily Record on October 21, 2021 as well as publishing the Invitation to Bid on the Town website in compliance with General Municipal Law § 103, Chapter 51 of the Irondequoit Town Code, requesting bids for Landscaping Services at Various Irondequoit Town Locations (Town Bid No. 2021-09), in order to compute the best value to the Town; and WHEREAS, sealed bids were received and publicly opened and read on November 5, 2021; and WHEREAS, the lowest responsible bidder was _________________________ in the amount of $__________________; and WHEREAS, funding for this expense will be available in accounts 001-1640-4120; 024-5140- 4120 (Public Works); and 001-7110-4120-0000-7147; 0001-7110-4555-0000-7148; 001-8810- 4120 (Parks); 001-1622-4120 (Library); and 001-1620-4120 (Town Hall); and 001-1621-4120 (Public Safety Bldg); and WHEREAS, pursuant to Section 4 of the Contract bid terms and conditions, the Town Board may have the option of extending the Contract for up to one (1) one-year extension; and WHEREAS, the Town Board determines that the Landscaping 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) and (8) maintenance of existing landscaping or natural growth) and therefore no further review is needed pursuant to the New York State Environmental Quality Review Act. NOW THEREFORE BE IT RESOLVED, that the Town Board awards the Landscaping Services at Various Irondequoit Locations to___________________ in the amount of $_____________ with an optional one-year extension. AND, BE IT FURTHER RESOLVED THAT, that the Town Board authorizes the Town Supervisor to execute any and all documents related to this award. 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 TOWN BOARD MEETING ADOPTING RESOLUTION AUTHORIZING SURETY, FORM AND AMOUNT OF OFFICIAL UNDERTAKING FOR THE FAITHFUL PERFORMANCE OF THE DUTIES OF THE TOWN CLERK AND RECEIVER OF TAXES AND ASSESSMENTS At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 16th day of November 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, Section 25 of the Town Law requires that the Tax Receiver’s Bond be filed in the Office of the Clerk of the Town and that the form and amount of the bond is to be as directed and approved by the Town Board and that the approval is to be indicated on the bond. NOW, THERFORE, BE IT RESOLVED, that the Town Board hereby approves the surety, form and amount of the office undertaking for the faithful performance of the duties of the Town Clerk and Receiver of Taxes and Assessments, as follows: Type of Undertaking: Public Employee Faithful Performance Dishonesty Coverage Policy Insurance Company: Travelers Insurance Company Amount: $1,000,000.00 BE IT FURTHER RESOLVED, that pursuant to Section 25 of the Town Law, the Supervisor, Town Clerk, Collector, Receiver of Taxes, Town Justice, Constable, Superintendent of Highways and such other officers and employees as the Town Board may require, shall execute and file an official undertaking in the Office of the Town Clerk and the Office of the County Clerk in the form, sum and with sureties directed and approved by the Town Board as indicated on such undertakings. A true copy of this resolution shall be affixed to the undertakings to indicate this Board’s approval thereon in accordance with Town Law Section 25. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member and duly put to vote, which resulted as follows: Town Board Member Wehner voting Town Board Member Romeo voting Town Board Member Freeman voting Town Board Member Perticone voting