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HomeMy Public PortalAbout2022.04.12 TBWksp WORKSHOP MEETING APRIL 12, 2022 4:00 PM AGENDA 04-10-2022 10:10 AM PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION: Irondequoit Ambulance REVIEW OF AGENDA ITEMS FOR THE APRIL 26, 2022 RTB MEETING ITEM(S) FOR BOARD ACTION 4WS2022-1 Resolution Authorizing the Appointment of a Full-Time Real Property Appraiser in the Irondequoit Assessor’s Department 4WS2022-2 Resolution Authorizing the Appointment of a Full-Time Custodian in the Building Maintenance Department 4WS2022-3 Resolution Authorizing the Supervisor to Execute a Revised Commencement Date Agreement with Skyview Phase I LLC 4WS2022-4 Resolution Authorizing the Supervisor to Enter into an Agreement with the Town of Irondequoit’s Supervisory Unit 4WS2022-5 Resolution Authorizing Capital Lease Financing of One International Dump/Plow Truck for the Bureau of Public Works **NEXT REGULAR TOWN BOARD MEETING…TUESDAY, APRIL 26, 2022 @ 7 pm ** Resolution No. 2022- __________ EXTRACT OF MINUTES OF A WORKSHOP MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF A REAL PROPERTY APPRAISER IN THE IRONDEQUOIT ASSESSOR’S DEPARTMENT At a 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 12th day of April 2022, at 4:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone 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 full time Real Property Appraiser in the Irondequoit Assessor’s Department; and WHEREAS, this is a competitive position and both candidates on the Monroe County Civil Service List were interviewed for this position; and WHEREAS, the assessor recommends hiring Jeannine Whitaker to fill this position; and Jeannine Whitaker is reachable on the Certified List of Eligibles. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Jeannine Whitaker as a full-time Real Property Appraiser to be paid an annual rate of $50,050.00 which shall be paid from budget code 001.1355.0100.1100. This resolution shall take effect on date of hire. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022- __________ EXTRACT OF MINUTES OF A WORKSHOP MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PERMANENT APPOINTMENT OF A FULL TIME CUSTODIAN IN THE BUILDING MAINTENANCE DEPARTMENT At a 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 12th day of April 2022, at 4:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone 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 full time Custodian in the Irondequoit Building Maintenance Department; and WHEREAS, the Building Maintenance Foreman recommends hiring Scott Loiacono to fill this position WHEREAS, this is a competitive position, and Scott Loiacono is currently reachable on Monroe County’s Certified List of Eligibles. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the permanent appointment of Scott Loiacono as a full-time Custodian to be paid an hourly rate of $18.00 which shall be paid from budget code 001.1620.0100.1100. This resolution shall take effect on date of hire. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE A REVISED COMMENCEMENT DATE AGREEMENT WITH SKYVIEW PHASE I LLC 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 12th day of April, 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, on January 30, 2019, the Town, as lessee, entered into a Lease Agreement (“Lease”) to utilize space located at the former Irondequoit Mall for the purpose of constructing a community center (the “Irondequoit Community Center”); and WHEREAS, the Lease requires the Town to enter into a Commencement Date Agreement with the landlord, Skyview Phase I LLC, with respect to the opening of the Irondequoit Community Center on October 25, 2021; and WHEREAS, pursuant to Resolution 2021-255, the Town Board authorized the Supervisor or Acting Supervisor to enter into a Commencement Date Agreement with the Landlord, in the form annexed thereto, however, the Landlord subsequently proposed certain material changes to the Commencement Date Agreement and it was not executed by the parties; and WHEREAS, the Town Board wishes to authorize the Supervisor to execute a revised draft of the Commencement Date Agreement, in substantially such form as annexed hereto. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to enter into the revised draft of the Commencement Date Agreement with Skyview Phase I LLC, in substantially the form annexed hereto and in such final form as approved by the Attorney for the Town, and further authorizes such execution to be effective as of October 25, 2021. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ 10908397_2 COMMENCEMENT DATE AGREEMENT THIS COMMENCEMENT DATE AGREEMENT (“Agreement”) effective October 25, 2021, by and between SKYVIEW PHASE I LLC (“Landlord”) and the TOWN OF IRONDEQUOIT (“Tenant”) with respect to that certain Lease Agreement dated as of January 30, 2019 (“Lease”), assigned to Landlord pursuant to the Assignment and Assumption of Lease and Project Schedule, dated April 13, 2020, pursuant to which Tenant has leased from Landlord the building located on Lot 103 (“Premises”) located at 285 Medley Center Parkway, Town of Irondequoit, New York. WITNESSETH: WHEREAS, Tenant has completed the construction of the Irondequoit Community Center (“ICC”), a community center located at the Premises, and opened the ICC to guests on or about October 25, 2021; and WHEREAS, as set forth in the Lease, “the Rent Commencement Date 1 shall be the date that Tenant first opens the Premises for use by its guests and invitees. Promptly following the determination of the Rent Commencement Date, the parties shall enter into a Commencement Date Agreement prepared by Landlord setting forth the Rent Commencement Date and expiration dates and confirming the actual useable square footage of the Premises. If the useable square footage change[d] from that set forth [in the Lease], all provisions of th[e] Lease which are determined with reference to such square footage shall be appropriately revised and reflected on such Commencement Date Agreement, including, but not limited to, Base Rent and Tenant’s Pro-Rata Share of Operating Expenses”; and WHEREAS, the parties wish to specify the useable square footage of the Premises and other areas in order to calculate the Tenant’s Pro-Rata Share of Operating Expenses. NOW, THEREFORE, in consideration of the mutual covenants and agreements stated in the Lease, and intending that this Agreement may be relied upon by both Landlord and Tenant, the parties hereby agree follows: 1. RENT COMMENCEMENT DATE: October 25, 2021 2. USABLE SQUARE FOOTAGE OF PREMISES: 48,995 3. TENANT’S BUILDING PRO RATA SHARE: 27.43% 4. TENANT’S MALL PRO RATA SHARE: 12.97% 5. TENANT’S EXTERIOR AREA PRO RATA SHARE: 7.04% 1 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed in the Lease. - 2 - 10908397_2 6. EXERCISE DATES FOR RENEWAL TERM: Tenant may exercise its option to renew for the: first renewal term on or before August 1, 2046 and second renewal term on or before August 1, 2051. 7. ESTIMATED TOTAL PRO- RATA SHARE OF OPERATING EXPENSES FOR 2021: Pursuant to Section 7(a) of the Lease, the Landlord estimates that the projected total of Tenant’s Pro-Rata Share of Operating Expenses for the period from October 25, 2021 through December 31, 2021 was $7,868.81. Subject to its rights of audit and reconciliation, Tenant shall pay Landlord $7,868.81 within 10 business days of the last date of execution hereof. IN WITNESS WHEREOF, the parties have signed this Agreement as of the date first above written. LANDLORD: SKYVIEW PHASE I LLC BY: ______________________________ NAME: ___________________________ TITLE: ___________________________ TENANT: TOWN OF IRONDEQUOIT BY: ________________________________ NAME: Rory Fitzpatrick TITLE: Town Supervisor Resolution No. 2022- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AN AGREEMENT WITH THE TOWN OF IRONDEQUOIT SUPERVISORY UNIT #7414-03, MONROE COUNTY LOCAL 828, CSEA, LOCAL 1000 AFSCME, AFL-CIO At the 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 12th day of April, 2022 at 4:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone 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 Tentative Agreement has been reached between the Town of Irondequoit and Supervisory Unit #7414-03 Monroe County Local 828, CSEA, Local 1000 AFSCME, AFL-CIO, regarding the renewal of their Union Contract; and WHEREAS, the terms of the Tentative Agreement are subject to both ratification by the approval of the Town Board of the Town of Irondequoit and by the Union’s members; and WHEREAS, the contract term of this agreement will begin as of January 1, 2022 and shall end on December 31, 2025 (4 years); and WHEREAS, a copy of the Tentative Agreement is attached as Schedule “A”. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the terms Tentative Agreement and authorizes the Supervisor to enter into an agreement between the Town of Irondequoit and Supervisory Unit #7414-03 Monroe County Local 828, CSEA, Local 1000 AFSCME, AFL-CIO pursuant to such terms. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Fitzpatrick voting _______ Schedule “A” Tentative Agreement SUPERVISORY UNIT 7414-03 Date: 3/8/2022 1. Contract Term of 4 years ending on December 31, 2025. 2. Article II, Section 2.4 CSEA, having been recognized or certified as the exclusive representative of employees within the negotiating unit, shall be entitled to have dues deductions made from the wages or salary of the members of said unit. The fiscal officer making dues deductions will transmit these amounts within thirty (30) days of deduction to CSEA, Inc., 143 Washington Avenue, Albany, New York 12210. Within thirty days of an employee first being employed or reemployed by the employer, or within thirty days of being promoted or transferred to the bargaining unit, the employer shall notify the employee organization of the employee's name, address, job title, employing agency, department or other operating unit, and work location. Within thirty days of providing the above notice, the employer shall allow a duly appointed representative of the employee organization that represents that bargaining unit to meet with such employee during the employee's regular break period, provided however that arrangements for such meeting must be scheduled in consultation with a designated representative of the employer. CSEA shall indemnify and save the Town harmless against any and all claims, demands, suits or other forms of liability that shall arise out of, or for reason of action taken by the Town, in reliance upon payroll deduction authorization cards submitted by the Union to the Town. 3. Wages & Health Insurances Section 8.1 shall be revised to read as follows: Effective March 8, 2022, all employees shall receive a two percent (2%) wage increase. Effective January 1, 2023, all employees at Full Pay shall receive a two percent (2%) wage increase. Effective January 1, 2024, all employees at Full Pay shall receive a two percent (2%) wage increase. Effective January 1, 2025, all employees at Full Pay shall receive a two percent (2%) wage increase. Labor Foreman Step Program Schedule Ratification 2023 2024 2025 Step 1: One (1) TO Six (6) Months $31.16 $31.78 $32.42 $33.07 Step 2: Six (6) to Twelve (12) Months $33.97 $34.65 $35.34 $36.05 Step 3: Full Pay $38.11 $38.87 $39.65 $40.44 Section 9.1 shall be revised to read as follows: Upon ratification of this agreement, all bargaining unit members will be eligible to participate in the Finger Lakes Municipal Health Insurance Trust. The Town shall pay 85% of the premium of the cost of the Base Plan (Core Plan) of which the employee enrolls. Effective 1/1/2023 all bargaining unit members shall enroll in a plan offered via the Finger Lakes Municipal Health Insurance Trust, and the Town shall pay 85% of the cost of the Base Plan (Core Plan) offered via the Finger Lakes Municipal Health Insurance Trust, regardless of which plan the employee enrolls, up to a maximum of its contribution to the Base Plan. 4. Section 9.2, 9.3, and 9.4 shall be revised as follows: The Town agrees to continue the practice of providing medical coverage protection to retirees to the Town who retire directly into or under the New York State Employees' Retirement System from active, full-time employment with the Town and receive a pension therefrom. The employee must have served a minimum of twenty (20) consecutive years of active, full-time employment with the Town immediately preceding retirement into or under the New York State Employees' Retirement System. The term "consecutive" shall not apply to persons who have a break in service due to any leave granted under the terms of this Agreement. Retirees will continue to pay the same proportion of the health insurance premiums as they had paid while employed by the Town, and retirees after retirement will receive the same coverage as active employees as it may change from time to time (except as it is modified at age 65 due to Medicare eligibility, as stated below). When the retiree becomes eligible for Medicare, he or she will be ineligible for the under -65 health plan but becomes eligible for the base Medicare Advantage plan substantially similar to that of the Aetna Plan 2. The retiree is responsible for any additional premiums required to enroll in a plan outside the managed care network, or due to voluntarily enrolling in a more expensive plan. The Town will allow dependents on the plan at the time of retirement to remain on the plan as follows: a. Dependent Children (Until age 26). b. Dependent Spouse (Until Medicare eligibility or divorce). You may not add a new spouse due to marriage or remarriage. c. Spousal and dependent eligibility for any employer -sponsored health plan ceases at the end of the 3rd full month following the death of the retired employee. Where an employee eligible for retiree health insurance benefits takes a job where a group hospital plan is available, whether comparable or not or whether paid wholly or in part by the employee, the retired employee shall not be eligible for the Town's plan, and the Town shall not provide such benefit. The retired employee shall be required to notify the Town when he/she is employed elsewhere and as to whether medical coverage protection is available. If he/she fails to do so, he/she shall not be eligible for such Town -sponsored health insurance. In addition, a retired employee shall be required to certify annually as of January 1 of each year, whether or not he/she is working, where he/she is working (if he/she is working) and whether a group hospital plan is available with that employer, whether comparable or not or whether paid wholly or in part by the employee. Failure to do so shall result in the cancellation of the benefit by the Town to the retiree. If an employee is otherwise eligible but does not receive retirement medical coverage because the employee is employed elsewhere where a group hospital plan is available, the employee shall be allowed to return to the Town's plan when he/she leaves the employ of such Employer. Section 9.3 Town of Irondequoit employees' who have completed ten (10) years of employment with the Town, are less than 55 years of age and wish to retire from Town employment, may at their own expense participate in the Town's current health insurance plan in accordance with the COBRA statute. Section 9.4 If an employee dies during the performance of duty, his/her immediate family, at the time of the employee's demise, shall continue to receive hospitalization benefits at the Town's expense until the spouse resides with a significant other remarries and/or the children reach the age of 19. If an employee, while employed by the Town, dies, his/her family may get group rate for the Town's current health insurance plan at their own expense until the spouse remarries. 5. Section 9.5 (Dental) The Town shall contribute 95% of the cost of the base dental plan for current members, and 85% for new members. No other language changes. 6. Residency Requirements: Article XVII shall be revised to read: "Employees hired after ratification must live within the Town of Irondequoit." 7. Include 3 months of health insurance at applicable contribution rate for a covered spouse when a retiree dies. (see 4c) 8. Section 18.2 option to sell vacation time back to the Town shall increase from 6 to 7 days. Unit Representatives rake Chichester, CSEA n Repl se a/ntatives 3 tki20 z -Z 31r/ Resolution No. 2022- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING CAPITAL LEASE FINANCING OF ONE INTERNATIONAL DUMP/PLOW TRUCK FOR THE BUREAU OF PUBLIC WORKS At a 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 12th day of April 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, it is necessary to finance one (1) new 2022 International dump/plow truck for the Bureau of Public Works through a capital lease pursuant to General Municipal Law 109-b, consistent with plans in the 2022 operating budget of the Community Services Department; and WHEREAS, the authorization to purchase one (1) 2022 International plow/dump truck at a cost of $231,297.16 was previously provided by Resolution 2021-002; and WHEREAS, written quotes were received from several firms which provide lease financing with the lowest cost quote that of ___________________ and WHEREAS, funding for the 2022 lease payment will be available in account 023.9785.6050. NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes capital lease financing for one (1) new 2022 dump/plow truck for the Bureau of Public Works in the total amount of $231,297.16 with _____________________________________. This resolution shall take effect immediately upon adoption. Seconded by the Town Board Member _______________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting_________________ Town Board Member Perticone voting_________________ Town Board Member Freeman voting_________________ Town Board Member Romeo voting_________________ Town Supervisor Fitzpatrick voting_________________