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WORKSHOP MEETING
JANUARY 11, 2022
4:00 PM
AGENDA
1-7-2022
PLEDGE OF ALLEGIANCE
ROLL CALL
REVIEW OF AGENDA ITEMS FOR THE JANUARY 18, 2022 RTB MEETING
DISCUSSION ITEM — ETHICS LAW FOR THE TOWN OF IRONDEQUOIT
ITEM(S) FOR BOARD ACTION
1WS2022-1 Resolution Directing the Assessor to Automatically Renew Tax Exemptions Provided Pursuant
to Sections 459-C and 467 of the Real Property Tax Law and Adopting Alternative Procedure
for Specific Cases
1WS2022-2 Resolution Authorizing the Purchase of Three (3) Six -Wheel Trucks with Plow to be used by
the Department of Public Works
**NEXT REGULAR TOWN BOARD MEETING...TUESDAY, JANUARY 18, 2022 @ 7 pm **
1280 TITUS AVENUE • ROCHESTER, NEW YORK 14617 • PHONE: (585) 467-8840
WWW.IRONDEQUOIT.ORG
Resolution No. 2022 -
EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD DIRECTING
ASSESSOR TO AUTOMATICALLY RENEW TAX EXEMPTIONS PROVIDED
PURSUANT TO SECTIONS 459-C AND 467 OF THE REAL PROPERTY TAX LAW
AND ADOPTING ALTERNATIVE PROCEDURE FOR SPECIFIC CASES
At the workshop meeting of the Town Board of the Town of Irondequoit, Monroe County, New
York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 11th day of
January 2022, at 4:00 P.M. local time; there were:
PRESENT:
Rory Fitzpatrick Town Supervisor
Patrina Freeman Town Board Member
John Perticone Town Board Member
Kimie Romeo Town Board Member
Peter Wehner Town Board Member
Harter Secrest & Emery LLP Attorney for the Town
Town Board Member______________________ offered the following resolution and moved its
adoption:
WHEREAS, pursuant to sections 459-c and 467 of the Real Property Tax Law, the Town of
Irondequoit, County of Monroe, the East Irondequoit Central School District and the West
Irondequoit Central School District grant certain reductions in the amount of property taxes paid
by qualifying persons, including those with limited income, disabilities and senior citizens; and
WHEREAS, it is the responsibility of the Town Assessor to verify eligibility for those tax
reductions, and to provide the appropriate exemption of assessed value of real property on the tax
roll; and
WHEREAS, many residents historically visit Town Hall in the first two months of the New Year
to provide documentation demonstrating their eligibility for such tax reductions, a process that
generally must be completed through in-person engagement with Town staff; and
WHEREAS, on November 26, 2021, the Governor of the State of New York issued Executive
Order 11 and declared a state of disaster emergency in response to an increase in the transmission
of the COVID-19 virus; and
WHEREAS, on December 26, 2021, the Governor issued Executive Order 11.1, extending the
state of disaster emergency and temporarily modifying Subdivisions 7, 7-a and 8 of section 459-c
of the Real Property Tax Law, and subdivisions 5, 5-a, 5-b, 5-c and 6 of section 467 of the Real
Property Tax Law, to the extent necessary to permit the governing body of an assessing unit to
adopt a resolution directing the assessor to grant exemptions pursuant to such section on the 2022
assessment roll to all property owners who received that exemption on the 2021 assessment roll,
thereby dispensing with the need for renewal applications from such persons, and further
dispensing with the requirement for assessors to mail renewal applications to such persons.
Provided however, that the governing body may, at its option, include in such resolution
procedures by which the assessor may require a renewal application to be filed when he or she has
reason to believe that an owner who qualified for the exemption on the 2021 assessment roll may
have since changed his or her primary residence, added another owner to the deed, transferred the
property to a new owner, or died; and
WHEREAS, the Town Board wishes to direct the Assessor to automatically renew such real
property tax exemptions pursuant to Executive Order 11.1 and to also develop the alternate
procedures as described therein.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit,
as authorized by Executive Order 11.1, does hereby direct the Assessor to grant exemptions
pursuant to Sections 459-c and 467 of the Real Property Tax Law on the 2022 assessment roll to
all property owners who received such exemption(s) on the 2021 assessment roll, thereby
dispensing with the need for renewal applications from such persons, and further dispensing with
the requirement for the Assessor to mail renewal applications to such persons.
AND, THEREFORE, BE IT FURTHER RESOLVED, that the Assessor may, in her reasonable
discretion, require a renewal application to be filed when she has reason to believe that an owner
who qualified for the exemption on the 2021 assessment roll may have since changed his or her
primary residence, added another owner to the deed, transferred the property to a new owner, or
died, provided that the Assessor first send all persons who received such exemption(s) in 2021 a
letter stating that an application will be required if there has been a change in the exemption
recipient’s primary residence, an addition of another owner to the deed, a transfer of the property
to a new owner, or death of the recipient.
This resolution shall take effect immediately upon its adoption.
Seconded by Town Board Member __________________________and duly put to vote, which
resulted as follows:
Town Board Member Wehner Voting __________________
Town Board Member Perticone Voting __________________
Town Board Member Romeo Voting __________________
Town Board Member Freeman Voting __________________
Town Supervisor Fitzpatrick Voting __________________
No. 11.1
EXECUTIVE ORDER
Declaring a Disaster Emergency in the State of New York
WHEREAS, the COV1D-19 global pandemic has been declared a Public Health Emergency of
International Concern by the World Health Organization since early 2020;
WHEREAS, the United States Health, and Human Services Secretary declared a public health
emergency for the entire United States to aid the nation's healthcare community in responding to COVID-
19 on January 31, 2020;
WHEREAS, New York is now experiencing COVID-19 transmission at rates the State has not seen
since April 2021;
WHEREAS, the rate of new COVED -19 hospital admissions has been increasing over the past
month to over 300 new admissions a day;
WHEREAS, the state must pursue a coordinated approach to ensure hospital capacity statewide is
able to meet regional needs;
WHEREAS, the State government must support the municipalities and counties in their efforts to
facilitate and administer vaccinations and tests for COVID-19, and to prevent the virus from continuing to
spread at such rates;
WHEREAS, a new SarCoV2 variant, known as Omicron, has been identified and named a variant
of concern by the World Health Organization and the Centers for Disease Control and Prevention;
WHEREAS, this variant has been identified in ail 50 U.S. states, including New York, and more
than 104 countries;
WHEREAS, this Omicron variant has been shown to be highly transmissible and may cause
exponential spread;
WHEREAS, current vaccinations do not appear to be as effective against Omicron infection, while
remaining stronger against severe disease;
NOW, THEREFORE, I, Kathy Hochul, Governor of the State of New York, by virtue of the
authority vested in me by the Constitution of the State of New York and Section 28 of Article 2-B of the
Executive Law, do hereby continue the terms, conditions, and suspensions contained in Executive Order 11
until January 25, 2022.
IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the
Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or
regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such
statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to
cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, I hereby
temporarily suspend or modify, for the period from the date of this Executive Order through January 25,
2022 the following;
• Title V of Article 5 of the Public Health Law and subparts 19 and 58 of Title 10 of the NYCRR, to the
extent necessary to allow laboratories holding a Clinical Laboratory Improvement Acts (CLIA)
certificate and meeting the CLIA quality standards described in 42 CFR Subparts H, 3, K and M, to
perform testing for the detection of SARS.-CoV-2 in specimens collected from individuals in New York
State;
• Subdivisions 7, 7-a and 8 of section 459-c of the Real Property Tax Law, and subdivisions 5, 5-a, 5-b,
5-c and 6 of section 467 of the Real Property Tax Law, to the extent necessary to permit the governing
body of an assessing unit to adopt a resolution directing the assessor to grant exemptions pursuant to
such section on the 2022 assessment roll to all property owners who received that exemption on the
2021 assessment roll, thereby dispensing with the need for renewal applications from such persons, and
further dispensing with the requirement for assessors to mail renewal applications to such
persons. Provided however, that the governing body may, at its option, include hi such resolution
procedures by which the assessor may require a renewal application to be filed when he or she has
reason to believe that an owner who qualified for the exemption on the 2021 assessment roll may have
since changed his or her primary residence, added another owner to the deed, transferred the property to
a new owner, or died;
• Article 7 of the Public Officers Law to the extent necessary to authorize the New York State Senate and
Assembly, at their discretion, to meet and take such action authorized by law remotely by conference
call or similar service and otherwise act in conformance with the provisions of Part E of Chapter 417 of
the Laws of 2021, and expiring upon the expiration of such Chapter.
GIVEN under my hand and the Privy Seal of the
State in the City of Albany this
twenty-sixth day of December in the
year two thousand twenty-one
BY THE GOVERNOR
Secret- 'to the Governor
Resolution No. 2022_______
EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A
RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3) SIX WHEEL
TRUCKS WITH PLOW TO BE USED BY THE DEPARTMENT OF PUBLIC
WORKS
At the workshop meeting of the Town Board of the Town of Irondequoit, Monroe
County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of
Irondequoit, on the 11th day of January, 2022 at 4:00 P.M. local time; there were:
PRESENT:
Rory Fitzpatrick Town Supervisor
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 replace three (3) six-wheel heavy duty trucks with dump
body and snowplowing equipment to be used by the Department of Public Works; and
WHEREAS, the Town is authorized to purchase through county contracts pursuant to
Irondequoit Town Code § 51-5(B)(4) and New York State General Municipal law § 103;
and
WHEREAS, Onondaga County solicited sealed bids from qualified bidders (Bid
Reference #8996), and awarded the bid to Navistar, also known as International®; and
WHEREAS, is the price is $291,706.97 per 2023 model year International, HV607
heavy duty dump truck with plowing equipment including a side dump salter from
International®, presented by Regional International Corp, 1007 Lehigh Station Rd,
Henrietta, NY, 14467; and
WHEREAS, funding for this expense is available in account 021.9785.6050 in the
amount of $583,413.94 and account 031.9785.6050.8120 in the amount of $291,706.97;
and
NOW, THEREFORE BE IT RESOLVED, that the Town Board approves a purchase
order in the amount of $875,120.91 with Regional International Corp. for the purchase of
three (3) 2023 model year International, HV607 heavy duty dump trucks with plowing
equipment.
AND, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town
Supervisor to execute any and all documents related to this agreement.
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 ___ _________
Town Supervisor Fitzpatrick voting_____________
LOCAL LAW NO. OF 2022
TO IMPROVE THE ETHICS LAWS OF THE TOWN OF IRONDEQUOIT
Be it enacted by the Town Board of the Town of Irondequoit as follows:
Section 1. Legislative Purpose, Intent, and Findings. In 1990, the Town of Irondequoit
adopted Chapter 20 of the Irondequoit Code, known as the “Ethics Law of the Town of
Irondequoit,” to establish minimum standards for the ethical conduct of Town officers and
employees to ensure that the business of Town government is free from improper influence
that may result from opportunities for private gain. The Town now wishes to improve the
Ethics Law of the Town of Irondequoit to expand upon its standards of ethical conduct for
Town officers and employees and to ensure the prudent stewardship of Town resources.
Section 2. Authority. This local law is adopted pursuant to Section 10 of the Municipal
Home Rule Law and Article 18 of the General Municipal Law.
Section 3. Conflicts of Interest, Recusal, and Abstention. Section 20-4 of the Code of
the Town of Irondequoit, pertaining to conflicts of interest, is hereby amended by striking
the matter shown in brackets and strikethrough font, and adding the matter shown in bold
underscored font, to read as follows:
§ 20-4 Conflicts of interest, recusal, and abstention.
A. Except as provided in § 802 of the General Municipal Law, as amended or changed:
(1) No municipal officer or employee or local elected official or local officer or
employee shall have an interest in any contract with the town when such officer or
employee, individually or as a member of a board, has the power or duty to:
(a) Negotiate, prepare, authorize or approve the contract or authorize or approve
payment thereunder.
(b) Audit bills or claims under the contract.
(c) Appoint an officer or employee who has any of the powers or duties set forth
above.
(2) No municipal officer or employee or local elected official or local officer or
employee may participate in any decision or take any official action with
respect to any matter requiring the exercise of discretion, including discussing
the matter and voting on it, when he or she knows or has reason to know that
the action could confer a direct or indirect financial or material benefit on
himself or herself, a relative, or any private organization in which he or she is
deemed to have an interest or any private organization in which he or she
serves as an owner, officer, director, or voting member.
(a) In the event that this section prohibits a municipal officer or employee or
local elected official or local officer or employee from exercising or performing
a power or duty:
(i) if the power or duty is vested in a such person as a member of a board,
then the power or duty shall be exercised or performed by the other
members of the board; or
(ii) if the power or duty that is vested in such person individually, then the
power or duty shall be exercised or performed by his or her deputy or,
if the person does not have a deputy, the power or duty shall be
performed by another person to whom the person may lawfully
delegate the function.
(iii) if the power or duty is vested in an employee, he or she must refer the
matter to his or her immediate supervisor, and the immediate
supervisor shall designate another person to exercise or perform the
power or duty.
[(2)] (3) No chief fiscal officer, treasurer or his or her deputy or employee shall have an
interest in a bank or trust company designated as a depository, paying agent,
registration agent or for investment of funds of the town.
B. No municipal officer or employee or local elected official or local officer or employee
shall engage in any act which is in conflict or gives the appearance of conflict with the
performance of his or her official duties. A municipal officer or employee is prohibited
from and deemed to have a conflict of interest if he or she:
(1) Directly or indirectly solicits any gift having a value of $75 or more, whether in the
form of money, service, loan, travel, entertainment, hospitality, thing or promise or
in any other form, under circumstances in which it could reasonably be inferred that
the gift was intended to influence him or her or could reasonably be expected to
influence him or her in the performance of his or her official duties or was intended
to be an award for any official action on his or her part;
(2) Discloses confidential information acquired by him or her in the course of his or
her official duties or uses such information to further his or her personal interests;
(3) Receives or enters into any agreement, express or implied, for compensation for
services to be rendered in relation to any matter before any town agency of which
he or she is an officer, member or employee or of any town agency over which he
or she has jurisdiction or to which he or she has the power to appoint any member,
officer or employee;
(4) Receives or enters into any agreement, express or implied, for compensation for
services to be rendered in relation to any matter before any agency of the town
whereby his or her compensation is to be dependent or contingent upon any action
by such agency with respect to such matter, provided that this subsection shall not
prohibit the fixing at any time of fees based upon the reasonable value of services
rendered; or
(5) Willfully engages in any business transaction or professional activity or shall have
a financial or any other private interests, direct or indirect, or incur any obligation
of any nature which is in substantial conflict with the proper discharge of his or her
official duties, unless he or she abstains from voting or otherwise officially acting
with respect to the subject matter affected.
(6) Willfully participates in any decision or takes any official action with respect
to any matter requiring the exercise of discretion, including discussing the
matter and voting on it, when he or she knows or has reason to know that the
action could confer a direct or indirect financial or material benefit on himself
or herself, a relative, or any private organization in which he or she is deemed
to have an interest or any private organization in which he or she serves as an
owner, officer, director, or voting member, unless he or she abstains from
voting or otherwise officially acting with respect to the subject matter affected.
C. The provisions of this section shall in no event be construed to preclude the payment
of lawful compensation and necessary expenses of any municipal officer or employee
in one or more positions of public employment, the holding of which is not prohibited
by law.
D. In addition to the foregoing regulations, Article 18 of the General Municipal Law,
entitled “Conflicts of Interest of Municipal Officers and Employees,” is incorporated
as part of this chapter as if the same had been set forth in full, together with any
amendments of or additions to said Article hereafter adopted by the Legislature.
E. In addition to any penalty contained in any other provision of law, any person who
knowingly and intentionally violates this section may be fined, suspended or removed
from office or employment in the manner provided by law.
Section 4. Prohibition on Use of Municipal Position for Personal or Private Gain.
Chapter 20 of the Code of the Town of Irondequoit, pertaining to ethics, is amended to add
a new section, Section 20-6, as follows, and renumbering the subsequent sections
accordingly.
§ 20-6 Prohibition on use of municipal position for personal or private gain.
A. No municipal officer or employee or local elected official or local officer or employee
shall use his or her municipal position or official powers and duties to secure a financial
or material benefit for himself or herself, a relative, or any private organization in which
he or she is deemed to have an interest, or any private organization in which he or she
serves as an owner, officer, director, or voting member.
B. No municipal officer or employee or local elected official or local officer or employee
shall use his or her municipal position or official powers and duties to influence another
person—including municipal employees—to provide a financial or material benefit for
himself or herself, a relative, or any private organization in which he or she is deemed
to have an interest, or any private organization in which he or she serves as an owner,
officer, director, or voting member.
C. This Chapter’s prohibitions on use of a municipal position, disclosure requirements,
and requirements relating to recusal and abstention, shall not apply with respect to the
following matters:
(1) adoption of the Town’s annual budget;
(2) any matter requiring the exercise of discretion that directly affects any of the
following groups of people or a lawful class of such groups:
(i) all Town officers or employees; or
(ii) all residents or taxpayers of the Town or an area of the Town; or
(iii) the general public; or
(3) any matter that does not require the exercise of discretion.
Section 5. Use of Town Resources. Chapter 20 of the Code of the Town of Irondequoit,
pertaining to ethics, is amended to add a new section, Section 20-7 as follows, and
renumbering the subsequent sections accordingly:
§ 20-7. Use of Town resources.
A. Town resources shall be used for lawful Town purposes. Town resources include, but
are not limited to, Town personnel, and the Town’s money, vehicles, equipment,
materials, supplies or other property.
B. No municipal officer or employee or local elected official or local officer or employee
may use or permit the use of Town resources for personal or private purposes, including
the purposes of private organizations, but this provision shall not be construed as
prohibiting:
(1) any use of Town resources authorized by law or Town policy;
(2) any use of Town resources lawfully authorized by the Town Board;
(3) the use of Town resources for personal or private purposes when provided to a
municipal officer or employee or local elected official or local officer or employee
as part of his or her compensation; or
(4) the occasional and incidental use during the business day Town telephones and
computers for necessary personal matters such as family care and changes in work
schedule.
C. No municipal officer or employee or local elected official or local officer or employee
shall cause the Town to spend more than is reasonably necessary for transportation,
meals or lodging in connection with official travel.
Section 6. Annual Training of Members of the Town Board and Board Member
Resource Library. Chapter 20 of the Code of the Town of Irondequoit, pertaining to
ethics, is amended to add a new section, Section 20-8, as follows, and renumbering the
subsequent sections accordingly:
§ 20-8. Annual Training of Town Board Members and Town Board Member resource
library.
A. Individuals elected or appointed to the Town Board of the Town of Irondequoit shall
participate in training regarding their legal, fiduciary, financial and ethical
responsibilities as Town Board members within one year of election or appointment to
the Town Board. Town Board members shall participate in continuing training, at least
once each year, to remain informed of best practices relating to the effective oversight
of the governance, management, and financial activities of the Town and to adhere to
the highest standards of responsible governance.
B. There shall be established in the Town Hall of the Town of Irondequoit a Town Board
Member resource library, in any suitable location, consisting of such books, materials,
treatises, documents, records, videos, or any other such information, as may be helpful
to the Members of the Town Board in the performance of their duties. The Town Board
may appropriate such funds as necessary to establish and continue the resource library
pursuant to provisions of the Town Law, General Municipal Law, or other law as may
apply.
Section 7. Decorum. Section 36-1 of the Code of the Town of Irondequoit, pertaining to
the of meetings, is amended by striking the matter shown in brackets and strikethrough
font, and adding the matter shown in bold underscored font, to read as follows:
§ 36-1 Supervisor to preside; Chair; quorum, decorum.
A. Pursuant to § 63 of the Town Law, as amended or changed, “The supervisor, when
present, shall preside at the meetings of the town board. In the absence of the
supervisor, the other members shall designate one of their members to act as temporary
chairman. A majority of the board shall constitute a quorum for the transaction of
business, but a lesser number may adjourn. The vote upon every question shall be taken
by ayes and noes, and the names of the members present and their votes shall be entered
in the minutes. Every act, motion or resolution shall require for its adoption the
affirmative vote of a majority of all members of the town board.”
B. The Supervisor or temporary chairperson shall maintain decorum of meetings of
the Town Board in accordance with Robert’s Rules of Order, with such exceptions
as provided by applicable law or as he or she may reasonably determine necessary
for the expeditious, civil, decorous, and transparent conduct of meetings.
C. Members of the Town Board will at all times endeavor to deliberate with courtesy,
respect, and civility toward each other and all other persons, and shall endeavor
to refrain from engaging in personal attacks.
Section 8. Severability. The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as
declared by the valid judgment of any court of competent jurisdiction to be
unconstitutional, shall not affect the validity or enforceability of any other section,
subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full
force and effect.
Section 9. Effective Date. This local law shall be effective upon filing with the Secretary
of State of New York, as required by the Municipal Home Rule Law.