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HomeMy Public PortalAbout2022.04.26 RTB Packet REGULAR TOWN BOARD MEETING APRIL 26, 2022 7:00 PM 04-25-2022 9:18 AM PLEDGE OF ALLEGIANCE ROLL CALL SUPERVISOR’S REMARKS & ANNOUNCEMENTS PUBLIC INPUT FINANCIAL REPORT APPROVAL OF MINUTES March 8, 2022 Workshop Meeting March 15, 2022 Regular Town Board Meeting March 18, 2022 Special Town Board Meeting April 1, 2022 Special Town Board Meeting PUBLIC HEARINGS 4PH2022-1 On the Matter of Granting a Special Use Permit for 450 Empire Blvd., 7:35 PM 462 Empire Blvd. and 376 Helendale Road in the C-Business District 4PH-1 Resolution Approving a Special Use Permit for 450 Empire Blvd., 462 Empire Blvd. and 376 Helendale Road in the C-Business District ITEMS FOR BOARD ACTION Appointments 4A2022- Resolution Authorizing the Appointment to the Town of Irondequoit Board of Assessment Review 4A2022- Resolution Authorizing the Appointment of a Full-Time Labor Foreman in the Irondequoit Public Works Department 4A2022- Resolution Authorizing the Appointment of a Full-Time Auto Mechanic in the Irondequoit Public Works Department 4A2022- Resolution Authorizing the Appointment of a Full-Time Police Officer in the Irondequoit Police Department 4A2022- Resolution Authorizing the Appointment of a Full-Time Provisional Special Events Coordinator 4A2022- Resolution Authorizing the Appointment of a Member to the Irondequoit Deer Management Program Board 4A2022- Resolution Authorizing the Appointment of a Senior MEO Community Development 4A2022- Resolution Filling a Zoning Board of Appeals Vacancy 4A2022- Resolution Authorizing the Appointment of an Alternate Member to the Town Zoning Board of Appeals 4A2022- Resolution Filling a Planning Board Vacancy 4A2022- Resolution Authorizing the Appointment of an Alternate Member to the Town Planning Board 4A2022- Resolution Reaffirming Appointments to the Historic Preservation Commission Comptroller 4A2022- Resolution Authorizing an Interfund Loan 4A2022- Resolution Authorizing the Scheduling of a Public Hearing Pertaining to the Adoption of the Irondequoit 2022 Community Development Block Grant (CDBG) Program 4A2022- Resolution Authorizing Capital Lease Financing Agreement with JP Morgan Equipment Finance for One (1) International Dump/Plow Truck for the Bureau of Public Works Human Resources 4A2022- Resolution Authorizing Entry into New York State Workers’ Compensation Alliance Police 4A2022- Resolution Authorizing the Purchase of a Portable Speed Tracking Device Public Works 4A2022- Resolution Declaring Certain Equipment as Surplus Property Recreation 4A2022- Resolution Authorizing Contract with Referees for Summer and Fall 2022 Women’s Soccer Leagues 4A2022- Resolution Authorizing the Supervisor to Enter into Various Contracts with Vendors for the Town’s 2022 Farmers’ Market and Gazebo Concert Series 4A2022- Resolution Authorizing the Supervisor to Enter into Various Contracts with Vendors for the Town’s 2022 Fourth of July Celebration 4A2022- Resolution Authorizing the Supervisor to Enter into a Contracts with RocSports for Umpire Services for Town Sponsored Recreational Leagues at McAvoy Park 4A2022- Resolution Authorizing the Supervisor to Execute an Amendment to an Agreement with CardConnect, LLC for Credit Card Services and Leasing of Card Reader for Special Events 4A2022- Resolution Authorizing Entry into an Affiliation Agreement Between Monroe Community College and Irondequoit Department of Recreation Supervisor 4A2022- Resolution Authorizing Memorandum of Understanding with Ridge Culver Fire District and Laurelton Fire District 4A2022- Resolution Authorizing the Supervisor to Enter into Various Contracts with Vendors for the Town’s Juneteenth Celebration Town Clerk 4A2022- Resolution Approving the Special Event License for the Heritage Christian Services Hero Run & Stroll & Roll Event NEXT WORKSHOP MEETING--TUESDAY, MAY 10, 2022 @ 4:00 PM NEXT REGULAR TOWN BOARD MEETING--TUESDAY, MAY 17, 2022 @ 7:00 PM Town of Irondequoit Financial Report Month Ending 3/31/22 EXPENSES Fund Original Amended Cumulative, Year to Month End Budget Budget Expended Encumb'd Available _ Lo " 101 001 General (includes cemetery) 24,182,234 24,787,885 4,191,092 1,902,009 percent of amended budget 16.9% 7 7% 005 Library 2,789,034 2,789,061 379,084 9,938 percent of amended budget 13 6% 0.4% 021 Highway# 1, Road Impvts, 3,462,996 3,473,097 385.607 rli 306;823 percent of amended budget 11.1% Cid 0 8,8%' 023 Highway # 3, Equipment Maint 1,105,272 1,105,272 188,541 jatt3200,759 percent of amended budget 5 ,(J, 2 t14, 17.1% q t 18.2% 024 Highway # 4, ROW / Winter 1,085,082 1,088,877 435,384 _ 119,880 percent of amended budget 40.0%a 11.% 031 Consolidated San. Sewer Dist 3,993,594 4,077,387 695,114 430,145 percent of amended budget 17 0% 10.5% 038 Stormwater Drainage Dist 876,680 923,325 93,680 94,576 percent of amended budget 10.1% 10 2% 036 LaSalle Landing Sewer District 142 142 142 0 percent of amended budget 100 2% 0 0% 039 Rock Beach San Sewer Dist 8,707 8,707 0 0 percent of amended budget 0 0% 0.0% 040 Orland Road San Sewer Dist 14,424 14,424 0 0 percent of amended budget 0.0% 0.0% 051 Sea Breeze Water District 1,136,160 1,136,160 175,089 0 percent of amended budget 15 4% 0.0% 071 - 098 Lighting Districts 153,000 153,000 17,578 142,672 percent of amended budget 11.5% 93.2% TOTAL 38,807,325 39,557,336 6,561,312 3,206,803 Percent of Amended Budget Spent Percent of Amended Budget Encumbered Total Percent Spent & Encumbered c,7L 8, il5 16.6% 8.1% Percent Percent of of Budget Year Spent & Balance Elapsed Enc'brd 18,694,784 25.0% 24.6% 75.4% 2,400,039 25.0% 13.9% 86 1% 2,780,667 25.0% 19.9% `q q 80,1% 715,972 25.0% 35.2% 648% 533,613 25.0% 51.0% 490% 2,952,127 25.0% 27.6% 72 4% 735,069 25.0% 20.4% 79 6% 0 25.0% 100.2% -0 2% 8,707 25.0% 0.0% 1000°/ 14,424 25.0% 0.0% 1000% 961,071 25.0% 15.4% 84 6% -7,250 25.0% 104.7% -4 7% 29,789,222 25.0% 24.7% 24.7% Tax Levy Sensitive 32,624,760 33,244,334 5,579,851 2,539,409 25,125,074 25.0% 24.4% Total Spent + Encumbered 8,119,260 16 8% 7 6% 75 6% 24.4% REVENUES Fund Cumulative Percent Percent Percent Original Amended Receipts Balance of of of Budget Budget Through to be Real Estate Year Revenue This Month Received Tax Elapsed Received 001 General: Real Estate Tax (001-1001) 11,797,475 11,797,475 11,797,475 0 64 9% Payment In Lieu of Tax (001-1081) 288,471 288,471 219,620 68,851 Sales Tax (001-1120) 5,700,000 5,700,000 0 5,700,000 Mortgage Tax (001-3005) 980,000 980,000 0 980,000 AIM -Related Payments-NYS (001-2750) 613,283 613,283 0 613,283 Interest Earnings (001-2401) 5,000 5,000 882 4,118 Franchise Cable TV (001-1170) 683,500 683,500 -3,677 687,177 Recreation Program Fees (001-2001) 871,505 871,505 128,040 743,465 Cemetery Revenues (001-2190/2665) 105,000 105,000 13,830 91,170 Fines & Bail Forfeitures (001-2610) 210,400 210,400 10,879 199,521 Other Sources of Revenue 2,085,320 2,085,320 192,647 1,892,673 Appropriated Fund Balance 842,280 842,280 842,280 0 Total, Revenue & Fund Balance 24,182,234 24,182,234 13,201,975 10,980,259 100,0% 76.1% 0.0% 0.0% 0.0% 17.6% -0.5% 14.7% 132% 5.2% 92% 250% 546% 2022 Printed on 4/7/2022 Page 1 Town of Irondequoit Financial Report Month Ending 3/31/22 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 2,680,059 2,680,059 2,680,059 0 14.8% 100 0% Other Sources of Revenue 108,975 108,975 24,371 84,604 22 4% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 2,789,034 2,789,034 2,704,430 84,604 25 0% 97.0% 021, 023, 024 Highway Funds Real Estate Tax 3,688,276 3,688,276 3,688,276 0 20.3% 100 0% All Other Sources 1,740,074 1,740,074 51,425 1,688,649 3 0% Appropriated Fund Balance 225,000 225,000 225,000 0 Total, Revenue & Fund Balance 5,653,350 5,653,350 3,964,701 1,688,649 25.0% 70.1% 031 Consolidated San Sewer District Sewer Service Charges 3,904,072 3,904,072 3,904,072 0 100.0% Other Sources of Revenue 89,522 89,522 5,642 83,880 6.3% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 3,993,594 3,993,594 3,909,714 83,880 25 0% 97.9% 038 Stormwater Drainage District District Service Charges 856,180 856,180 856,180 0 100 0% Other Sources of Revenue 20,500 20,500 51 20,449 0.2% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 876,680 876,680 856,231 20,449 25 0% 97.7% 036 LaSalle Landing Sewer District District Capital Charges 142 142 284 -142 200.0% Other Sources of Revenue 0 0 0 0 #DIV/0! Total Revenue 142 142 284 -142 25.0% 200.0% 039 Rock Beach San. Sewer District District Capital Charges 8,707 8,707 8,565 142 98 4% Other Sources of Revenue _ 0 0 0 0 #DIV/0! Total Revenue 8,707 8,707 8,565 142 25 0% 98.4% 040 Orland Road San Sewer District District Capital Charges 14,424 14,424 14,424 0 100 0% Other Sources of Revenue 0 0 1 -1 #DIV/0! Total Revenue 14,424 14,424 14,425 -1 25 0% 100 0% 051 Sea Breeze Water District District Real Estate Tax 33,000 33,000 33,000 0 100 0% Other Sources of Revenue 1,103,160 1,103,160 34,680 1,068,480 3.1% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 1,136,160 1,136,160 67,680 1,068,480 25,0% 6 0% 071 - 098 Lighting Districts District Real Estate Tax 153,000 153,000 153,000 0 100 0% Other Sources of Revenue 0 0 16 -16 Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 153,000 153,000 153,016 -16 25-0% 100 0% Summary of Revenues and Appropriated Fund Balances Real Estate Tax 18,165,810 18,165,810 18,165,810 0 100 0% 100 0% Special District Real Estate Tax 186,000 186,000 186,000 0 100-0% Sanitary Sewer Service Charges 3,927,345 3,927,345 3,927,345 0 100.0% Stormwater District Service Charges 856,180 856,180 856,180 0 100 0% Other Sources of Revenue 14,604,710 14,604,710 678,408 13,926,302 4 6% TOTAL 37,740,045 37,740,045 23,813,743 13,926,302 250% 63 1% Appropriated Fund Balance Grand Total, Revenues and Appropriated Fund Balance 1,067, 280 1,067, 280 1,067,280 0 100.0% 38,807,325 38,807,325 24,881,023 13,926,302 64.1% 2022 Printed on 4/7/2022 Page 2 Town of Irondequoit Financial Report Month Ending 3/31/22 Comparison With Prior Year Period 3/31/2016 3/31/2017 3/31/2018 3/31/2019 3/31/2020 3/31/2021 3/31/2022 Expenses Percent Percent Percent Percent Percent Percent Percent of Budget of Budget of Budget of Budget of Budget of Budget of Budget Fund Spent & Spent & Spent & Spent & Spent & Spent & Spent & Enc'brd Enc'brd Enc'brd Enc'brd Enc'brd Enc'brd Enc'brd 001 General 005 Library 021 Highway# 1, Road Impvts. 023 Highway # 3, Equipt. Maint 024 Highway # 4, ROW / Winter 031 Consolidated Sewer Dist 038 Stormwater Drainage Dist. 051 Sea Breeze Water District 055 Sea Breeze Fire District 071 - 098 Lighting Districts 28 1% 17 5% 237% 547% 57 2% 26.0% 30.9% 19.6% 113.6% 296% 18.1% 285% 96.7% 48 9% 36 1% 186% 16 0% 100 0% 27.7% 19.3% 19.8% 42.2% 53.4% 21.2% 20.7% 27.1% 100.0% 27 5% 16.8% 20 5% 47.3% 50,9% 26 6% 199% 35 1% 100.0% 266% 15 0% 23.1% 46.8% 46.6% 28 8% 46 1% 17.3% 100.0% 25.5% 24.6% 12.9% 13.9% 23.1% 19.9% 37.7% 35.2% 44.7% 51.0% 25.1% 27 6% 18.1% 20.4% 16.3% 15.4% 100.0% 104.7% TOTAL 28.7% 32 0% 27.0% 27 6% 27 6% 25.1% 24.7% Revenues Fund Percent Percent Percent Percent Percent Percent Percent of Budget of Budget of Budget of Budget of Budget of Budget of Budget Received Received Received Received Received Received Received 001 General: Real Estate Tax Payment In Lieu of Tax Sales Tax Mortgage Tax Per Capita State Aid Interest Earnings Franchise Cable TV Recreation Program Fees Cemetery Revenues Fines & Bail Forfeitures Other Sources of Revenue Appropriated Fund Balance Subtotal, General Fund Other Funds, "Other Sources" * 005 Library 021, 023, 024 Highway Funds 031 Consolidated San. Sewer District Sewer Service Charges Other Sources of Revenue 038 Stormwater Drainage Dist. 051 Sea Breeze Water District 051 Sea Breeze Fire District 071 - 098 Lighting Districts 100 0% 69 3% 0.0% 0 0% 0 0% 20 9% 0.0% 21.8% 12,4% 160% 11 7% 100.0% 100 0% 70.1% 0.0% 0.0% 0.0% 34.4% -0.5% 25.3% 14.2% 19 5% 89.3% 1000% 100 0% 65.3% 00% 0 0% 0 0% 31.8% -0.5% 22.8% 152% 16.7% 42 4% 100.0% 100 0% 72.6% 0.0% 0.0% 0 0% 104 8% -0.5% 19.2% 15.6% 14 0% 256% 100.0% 100.0% 60 3% 00% 00% 0 0% 19.2% -0..5% 11.5% 19 9% 11 2% 9.3% 100-0% 1000% 61 2% 0 0% 0.0% 0 0% 74% -0 6% 18.5% 183% 8 5% 146% 100.0% 100.0% 76.1% 0.0% 0.0% 0.0% 17.6% -0.5% 14.7% 13.2% 5.2% 9.2% 100.0% 59.0% 64 5% 59.4% 57.0% 54.4% 57.8% 54.6% 20 9% 23 7% 22 2% 16.2% 16.6% 12.0% 22.4% 35 1% 15.3% 21 5% 18.4% 20 1% 22 6% 3 0% 100.0% 100 0% 100 0% 100 0% 100 0% 100 0% 100 0% 69.7% 37.6% 71 6% 53 7% 19 2% 16.7% 6-3% 13.3% 25.1% 32 9% 2 7% 22 4% 0 4% 0 2% 2.2% 3.4% 3 8% 3 5% 1 7% 3 7% 3 1% * All Real Estate Tax and Appropriated Fund Balances are 100% received by these funds at the beginning of each year. 100 0% All Funds: Revenues & Apprt'd. FB's 69 9% 71 5% 68 8% 66 5% 65.3% 67.6% 64 1% 2022 Printed on 4/7/2022 Page3 Town Board Meeting Notes The 2022 financial results for the Town as of March 31: total expenses —actual as well as encumbered —are $9,768k or 24.7% of budget which is on par with the 25% of the year that has elapsed. The breakdown is: actual expenses $6,561 k and encumbered expenses $3,206k. Encumbrances are typically high early in the year as departments establish and commit to commodities, services, and supplies that will be needed during the year. The General Fund expenses are 24.6% or $6,093k. Here is the breakdown: actual expenditures - $4,191k; encumbrances $1,902k. Encumbrances include vehicles & equipment ordered in 2021 (not yet received), legal fees, town wide street lighting and capital lease payments due later in the year. In aggregate, the expenses in the highway funds are $1,637k or 28.8% of budget — above the 25% of the year that has elapsed. Actual expenses total $1,009k (17.8%) and encumbrances account for $627k (11.0%) and include fuel, salt and equipment parts. Expenditures in the Library are under budget at $389k or 13.9%. The Sewer Fund expenses are 27.6% of budget equating to $1,125k. The expenses in Stormwater Drainage total $188k-20.4% of budget. Actual expenses are $94k (10.1%) while encumbrances account for 10.2%. Included in the encumbrances is a vehicle ordered in 2021 not yet recieved. 1 The General Fund revenue received is $13,202 or 54.6% of budget. At the end of March, the Town had received $11,797k of real estate tax -100% of budget. 76.1% ($219k) PILOT (Payment In Lieu Of Tax) revenue has been received. Regarding the entire Town: $24,881k or 64.1% of revenue and appropriated fund balance has been received to -date. Approximately $18.1M of the amount received is real estate tax. At month -end, the Library had received $2,704k or 97.0%of its budgeted revenue. 70.1% or $3,965k of budgeted revenue is in for the Highway. Consolidated Sewer has received $3,910k-97.9% of that fund's budget. 97.7% of Stormwater Drainage receipts have been recorded at $856k. In May 2021, the Town received American Rescue Funds of $11,227,458. A 2nd (and final) payment is expected in May 2022. 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. To date, approximately $5.6M has been allocated to projects. A special revenue fund has been established to account for these funds. Page 3 of this report presents the first quarter summary and comparison to the prior 6 years. Regarding expenditures by fund —which are included on the top third of the page: The percent of total current budget spent and encumbered is 24.7% and is lower than the 1st quarter of the previous years. The middle third of the page contains the pertinent Sources of Revenue for the General Fund: the bottom third of the page allows for revenue comparisons of the 2 other funds; with the last line reflecting the collective revenue and fund balance for the Town. The General Fund revenue of 54.6% is lower than prior years, with the exception of 2020—COVID mandated closures. The overall Town Revenue and Fund Balance of 64.1% is comparable to prior years. This concludes my financial report for the month of March 2022. 3 WORKSHOP MEETING MARCH 8, 2022 38 Workshop Meeting of the Town Board of the Town of Irondequoit, held in the Broderick Room at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 8th day of March 2022 at 4:00 P.M, there were: PRESENT: Supervisor Rory Fitzpatrick Town Board Member Patrina Freeman Town Board Member John Perticone 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, Donna Martello from Planning and Zoning, Communication Assistant Mike Moss, Director of Information Services Kevin LaBarr, Commissioner of Public Works Erin Magee, Director of Human Resources Jason Vinette, Assistant to the Supervisor Elizabeth Gustafson, Director of Recreation Katrina Hall, Director of Administration Maria Vecchio and Town Clerk Genier. Supervisor Fitzpatrick called the meeting to order, Pledge was said, and Town Clerk Genier called Roll. *Supervisor Fitzpatrick reported that two (2) officers will be sworn in at the Regular Town Board Meeting on March 15th — Lt. Kenneth Gorton and Lt. Andrew Whitaker. *Proclamations will also be given prior to the meeting. *The Regular Town Board Meeting, scheduled for April 19th, has been rescheduled for April 26th due to the Easter holiday break. Councilmember Freeman handed out a Memorandum re: Proclamation in Solidarity and Support of the People of Ukraine Proposal to the Board members, Town Attorney and Town Clerk. REVIEW OF AGENDA ITEMS FOR MARCH 15, 2022 RTB MEETING: Financial Report: Comptroller Marsh noted that the 2021 books were open through the end of February to allow for receipt and processing of outstanding commitments and to account for and properly record the remaining revenue that is owed the Town. The books are now closed. At the June Town Board meeting, the Town’s auditors from The Bonadio Group will present highlights of the audited 2021 Financial Statements and Audit Report. Comptroller Diana Marsh reviewed the preliminary financial results for the Town as of February 28, 2022: Total expenses and encumbrances are 98.9% of budget or $38,286,194, below the 100% of the year that has elapsed. This sum includes $732,430 of encumbrances. The General Fund Expenses are at 97% of budget or $23,269,180. Actual expenditures are $22,681,114 and 2.5% is due to encumbrances of $588,066. Outstanding encumbrances include contracted services for the revaluation project and the School Violence Prevention Grant and various vehicles and equipment which delivery was delayed due to the pandemic. Expenses in the Highway Funds are above budget at 109.6%, a total of approximately $6,199,275. The costs in these funds result from considerable expenses and encumbrances for salt, fuel and paving. The overage of expenditures results from additional paving and will be offset by additional CHIPS revenue. The Library expenditures are at 98.1% of budget, a total of $2,635,126. Expenses in the Sewer Fund of $4,037,695 are below budget at 97.3%. Stormwater Drainage expenses are approximately 98% of budget, a total of $915,484. The General Fund has received revenue of $25,559,188, 113.8% of budget. Real Estate taxes WORKSHOP MEETING MARCH 8, 2022 39 totaled $11,799,864; Payment in Lieu of Tax revenue equated to $269,798, 101% of budget; Other major revenue recorded or accrued by the Town include: Sales Tax in the amount of $6,728,812 or 141.3% of budget; AIM related payments of $613,283 or 100% of budget; Franchise Cable TV of 661,894 or 95.2% of budget; and Mortgage Tax of $1,469,44 or 163.3% of budget. Other Sources of Revenue include the sale of real property at $611,000. Regarding the Entire Town, $41,018,722 or 111% of revenue and appropriated fund balance is documented to date. At year-end, the Library revenue totals $2,660,497 or 100.6% of budget. The Highway revenue was recorded at $6,471,597 or 116.1% of budget. The Sewer Fund recorded revenue of $4,073,065 or 99.8% of budget. The Stormwater Drainage has received $868,588 or 97.6% of budget. In addition, American Rescue Funds of $11,227,458 (almost half of the Town’s total estimated award) were received in May. A second and final payment is expected in May of 2022. 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. Approximately $5.6M has been allocated to projects. A special revenue fund has been established to account for these funds. Comptroller Marsh then reported on the 2022 financial results for the Town as of February 28, 2022: Total Actual and Encumbered Expenses are $7,435,130 or 18.8% of budget. This is higher than the 16.7% of the year that has elapsed. Actual Expenses are $4,092,315 (10.3% of budget) and encumbered expenses are $3,342,815. Encumbrances are typically high early in the year as departments are committing to services and supplies that will be needed throughout the year and outstanding prior year open encumbrances roll into the new year. The General Fund Expenses are at 18.6% of budget or $4,613,213. Actual expenditures are $2,685,209 and encumbrances are $1,928,004. The Highway Fund expenses are $1,345,555 or 23.7% of budget. Expenditures in the Library are under budget at $253,702 or 9.1% of budget. The Sewer Fund expenses are 20.4% of budget, equating to $833,158. Expenses in Stormwater Drainage total $141,080 or 15.3% of budget. The General Fund revenue received is $13,056,949 or 54% of budget. Included in revenue is $11,797,475 of Real Estate tax, 100% of budget. $219,620 of Payment in Lieu of Tax has been received, 76.1% of budget. Regarding the Entire Town: $24,710,857 or 63.7% of revenue has been received to date. 100% of real estate tax and Special District Fees of $23,135,335 has been received. $18.1M of the amount received is Real Estate Tax. The Library has received $2,696,284 or 96.7% of its budgeted revenue. The Highway Fund has received 70% or $3,959,080 of its budgeted revenue. Sewer has received $3,908,409 or 97.9% of that fund’s budget. Stormwater Drainage receipts of $856,205 (97.7% of budget) has been received Approval of Minutes: Minutes from the following meetings to be approved: February 8, 2022 Workshop Meeting February 15, 2022 Regular Town Board Meeting Public Hearings: There will be two (2) public hearings held on March 15th. The first public hearing is on the matter of granting a Special Use Permit for 2841 Culver Road in a R-Residential District. The Irondequoit Community Food Cupboard has submitted an application to obtain a Special Use Permit at 2841 Culver Road in order to operate a nonprofit organization. A SUP is required to move forward. The second public hearing authorizes the Supervisor to enter into an Agreement to license space to Greenlight Networks at the Irondequoit Community Center in exchange for Greenlight Networks providing no cost service at various Town locations. The public hearings will begin at 7:35 p.m. WORKSHOP MEETING MARCH 8, 2022 40 Appointments: Resolution 1: Authorizing the Permanent Appointment of a Full-Time Police Officer in the Irondequoit Police Department—Louis Budson. Chief of Police Alan Laird explained that due to numerous retirements, there is a need to hire three Police Officers, which positions are all budgeted in the 2022 budget. These three candidates are eligible to transfer, and Louis Budson was recommended. He is a transfer from the Syracuse Police Department, and originally from the Rochester area. Officer Budson would like to move back to Rochester. Resolution 2: Authorizing the permanent appointment of a second full-time Police Officer in the Irondequoit Police Department—Mark Sorrentino. Chief Laird explained that Officer Sorrentino is also from the Syracuse Police Department and is Officer Budson’s partner on the Syracuse force. Resolution 3: Authorizing the appointment of a third Police Officer—Jacob Gauthier. Chief Laird explained that Officer Gauthier is a Deputy with the Genesee County Sheriff’s Office and comes highly recommended. Resolution 4: Authorizing the appointment of a part-time School Traffic Guard in the Irondequoit Police Department—Mary Grace. She is a Town resident and works at many businesses in Town. She will fill in when there is a vacancy. Resolution 5: Authorizing the hiring of a part-time Recreation Assistant—Sheila Reed. Director of Recreation Katrina Hall stated that these candidates were walk ins and interested in part-time work. Resolution 6: Authorizing the appointment of a part-time Recreation Assistant—Cedric Chery. Resolution 7: Authorizing the appointment of a part-time Recreation Assistant— Douglas Edgett. Director Hall stated that she is almost fully staffed but has had some turnover among the part-timers. She stated that she is looking to hire individuals for weekends and evenings and has posted the openings on social media. Resolution 8: Authorizing the permanent appointment of a Motor Equipment Operator—Timothy Hughes. This is a non-competitive title, and no civil service exam needs to be taken. Several candidates were interviewed and Timothy Hughes was recommended for this position. Mr. Hughes has been with the Town for about 11 years and is very qualified to be in this position. Community Development: Donna Martello from the Community Development Department explained that there are three addresses that need to go on this resolution: 450 Empire Blvd, LLC, 462 Empire Blvd and 376 Helendale Road. The Applicant intends to re-subdivide the parcels into one parcel to operate a gasoline service station. As the parcels are all zoned C- Business, a Special Use Permit is required to operate a gasoline service station. The project will relocate the existing 7-Eleven Convenience Store from its existing location on the northwest corner of Empire Boulevard and Helendale Road. This resolution calls for a public hearing on granting the Special Use Permit for 450 Empire Blvd, 462 Empire Blvd and 376 Helendale Road. The public hearing will be held on April 26th at 7:35 p.m. The Applicant has obtained his variance for the location and the application is before the Planning Board now. Ms. Martello did not know if the Applicant was going to purchase the parcels. Comptroller: Comptroller Diana Marsh reviewed two (2) resolutions. The first resolution authorizes 2021 interfund closing transfers in the amount of $98,750 from various operating funds to the Self-Insurance Fund for current open workers’ compensation claims. Comptroller Marsh stated that the transactions are necessary prior to closing the 2021 operating budget accounts. The second resolution authorizes a series of balanced appropriation transfers within several funds of the 2021 operating budget. This is an annual resolution done at year end. These transactions are necessary prior to closing the 2021 operating budget accounts. Police: Chief of Police Alan Laird reviewed seven (7) resolutions. The first resolution authorizes the Supervisor to enter into an Intermunicipal Cooperative Agreement for police WORKSHOP MEETING MARCH 8, 2022 41 response between the City of Rochester and the Town of Irondequoit. Chief Laird explained that this matter was brought before the Board about two years ago. The resolution was approved and signed and sent to the City. The Town didn’t hear anything more about it. The documents now need to be re-signed. The Town will provide police services for Delta Sonic and that area. A portion of that area falls in the City, but a larger portion within the Town. The second resolution authorizes an Intermunicipal Agreement between the Monroe County Sheriff’s Office and the Irondequoit Police Department for the use of Livescan equipment purchased by Monroe County through the NYS Division of Criminal Justice Services Livescan Equipment Grant Program. Chief Laird explained that the equipment is used for processing fingerprints of arrestees and added to the database system. Chief Laird commented that he is still waiting for the Agreement and hopes it arrives before the meeting on March 15th. The third resolution declares certain equipment surplus. Chief Laird explained that the items are mostly tables and chairs and one vehicle. Once declared surplus, the items will be auctioned off at Roy Teitsworth, Inc. at the April 5, 2022 Internet Auction. The fourth resolution authorizes attendance of Officers Jamie Coon, Thomas Fitzak, James Frascati and Christopher Gruhn to attend the NY Association of Hostage Negotiators 2022 Conference to be held in Buffalo, NY beginning May 25 to May 27. Funding is available in the Police budget and the approximate cost will be $900. Chief Laird stated that Officer Fitzak is on the Board of the State program and the registration fee for two officers was waived which allowed two more officers to attend the training. The fifth resolution authorizes the lease of four 2023 Chevrolet Blazer 2LT FWD SUVS to be used by the Irondequoit Police Department. Chief Laird explained that it is necessary to replace four four- door passenger vehicles used by the investigators and command staff at the end of the current leases. These purchases are budgeted and the leases expire in June. He noted that two of the previously purchased vehicles have arrived and his Department is waiting for two more and that will probably take another 6 weeks. The sixth resolution authorizes payment for genealogy testing. Chief Laird explained that his Department would like to use the resources of the National Center for Missing and Exploited Children (NCMEC) to upload a DNA profile in an attempt to identify a Jane Doe case from 1988. This technology wasn’t available in the 80’s. The seventh resolution authorizes the Supervisor to enter into a Memorandum of Understanding (MOU) between the Irondequoit Police Department and Bivona Child Advocacy Center and other collaborative agencies. Chief Laird explained that his Department wishes to participate on the Multidisciplinary Team to help provide the most comprehensive and effective handling and treatment of cases involving child abuse and child witnesses to violent crimes. All the services provided by Bivona Child Advocacy Center are under one roof and Chief Laird wants to continue the partnership with this great organization. Public Works: Deputy Commissioner of Public Works Erin Magee reviewed one (1) resolution that authorizes the Supervisor to enter into a contract for tree inventory and community forest management plan services. Commissioner Magee stated that this resolution would authorize the award of a Request for Proposal (RFP). Two responses were received, and Davey Resource Group was recommended by the Selection Committee. The last tree risk assessment done was in 2009 and that is now outdated. The Davey Group will review the information on the database and then walk the streets and inspect the trees. When this is completed, the Group would rate the tree stock and give that information to the Town. Commissioner Magee will share this information at the Regular Town Board meeting. Recreation: Director of Recreation Katrina Hall reviewed three (3) resolutions. The first resolution authorizes the revision of membership rates for the new Irondequoit Community Center. This resolution would revise the previously-approved fee schedule to update certain WORKSHOP MEETING MARCH 8, 2022 42 language and add a Senior Household Membership, those households with a person 55 or older and a dependent 26 and under. The second resolution authorizes the Supervisor to enter into a contract for Senior Golf Leagues for Spring/Summer 2022. Director Hall explained that this is an annual resolution. The Town holds both Men’s and Women’s golf leagues on a 9-hole course. Three quotes were received with Lake Shore Country Club submitting the lowest quote. These programs are paid for with fees received from participants. The third resolution authorizes the Supervisor to enter and amend various contracts with vendors for group exercise programming for Winter/Spring 2022. Director Hall explained that this resolution pertains to group or small programming exercise classes held at the Community Center. One of the group instructors would like to offer small group programming as requested by members. Supervisor: The Supervisor has one (1) resolution on the March agenda that would authorize the Supervisor to execute a revised Commencement Date Agreement with Skyview Phase 1 LLC. Attorney Andrew Dear explained that in October of 2021, a resolution was approved authorizing the Supervisor to enter into a Commencement Date Agreement with Skyview Phase 1 LLC. The Community Center was opened on October 25, 2021. However, the Landlord subsequently proposed certain material changes to the Agreement and it was not executed by the parties. Attorney Dean then reviewed what changes were made by the Landlord to the revised Agreement. The original opening date of the Community Center was October 4th bit it didn’t open until October 25, 2021. The usable square footage was in the Agreement at 41,339 sf but it should have been 48,995 sf, increasing by 6,000+ sf. This additional square footage will increase the rent payment and will continue to increase the rent moving into the future. Attorney Dean noted that in the original Lease, it was stated that the actual square footage would be finalized in this revised Agreement. There was discussion among the Board members as to the increased square footage and how the number of square footage was reached. Attorney Dean told the Board that they didn’t have to move on this resolution if they still had questions. It was suggested that the Board bring in architects that can explain in detail the standards regarding lease square footage. This resolution will be pulled. Town Clerk: Town Clerk Genier reviewed one (1) resolution approving the Special Event License for the 20th Annual Sunset House 5K Run and Fitness Walk. Town Clerk Genier explained that all the approvals have been received. The event takes place on Saturday, June 25, 2022, beginning at 9 AM on Cooper Road between Chase Bank and the former Evans Library Branch and ending at the Irondequoit United Church of Christ on Titus Avenue. On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, pursuant to Public Officers Law §105-1(f)), an Executive Session was called at 4:49 PM to discuss the employment of a particular individual. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED EXECUTIVE SESSION On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Executive Session was adjourned at 5:06 PM. WORKSHOP MEETING MARCH 8, 2022 43 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Supervisor Fitzpatrick stated that no action has been taken on this matter. Upcoming Meeting: Regular Town Board Meeting: Tuesday, March 15, 2022 @ 7 PM On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Workshop Meeting was adjourned at 5:06 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk PRE-REGULAR TOWN BOARD MEETING MARCH 15, 2022 44 Swearing In Ceremony: Chief of Police Alan Laird began by recognizing two Police Officers who recently won awards from Monroe County STOP DWI Program. Officers Evan Bruckel and Brandon Lantry were recognized for their proactive efforts with DWI enforcement for 2021. Chief Laird congratulated Officers Bruckel and Lantry on their awards. Chief Laird then called Lt. Gorton and his family to the podium. Lt. Gorton began his law enforcement career at the Livingston County Sheriff’s Office. He transferred to Irondequoit Police Department in August of 2004 and has served in a variety of roles for the Department. In 2013, Officer Gorton was promoted to the rank of`Sergeant and in October of 2020, he was named Acting Lieutenant before being named a Provisional Lieutenant in early 2021. Lt. Gorton has received many awards while serving his community. He has been instrumental in his work on the Bow Hunt Program and many agencies have used our Program as a model for their own Bow Hunt Programs. Supervisor Fitzpatrick administered the Oath of Office to Lt. Gorton who is being permanently appointed to the rank of Lieutenant. Chief Laird then called up Lt. Andrew Whitaker and his family to the podium. Lt. Whitaker began his career in law enforcement as a part-time deputy in the Monroe County Sheriff's Office, before being hired full-time in the City of Geneva. In April of 2004, Deputy Whitaker transferred to the Irondequoit Police Department. He has served in many roles throughout his career in Irondequoit, including many years in the Community Services Unit before becoming a road patrol officer. In 2018, Lt. Whitaker was promoted to Sergeant and in October of 2020, he was named Acting Lieutenant, before being named Provisional Lieutenant in early 2021. Lt. Whitaker has been recognized with many awards. In 2007, Lt. Whitaker was named NYS Top Cop by Mothers Against Drunk Driving. Lt. Whitaker took the Lieutenant’s Civil Service Exam and was permanently promoted to Lieutenant earlier this year. Supervisor Fitzpatrick then administered the Oath of Office to Lt. Whitaker. REGULAR TOWN BOARD MEETING MARCH 15, 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 15th day of March 2022 at 7:00 P.M., local time, there were: PRESENT: Town Supervisor Rory Fitzpatrick Town Board Member Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Attorney for the Town Harter Secrest & Emery LLC Others in attendance included Justices Jennifer DeVoe, Joseph Valentino and Patrick Russi, Assessor Amy Jorstad, Chief of Police Alan Laird and fellow police officers, Comptroller Diana Marsh, Director of Human Resources Jason Vinette, Donna Martello from Planning and Zoning, Director of Recreation Katrina Hall, Commissioner of Public Works Erin Magee, Director of Information Technology Kevin LaBarr, Director of Administration Maria Vecchio, Communications Aide Michael Moss, and Town Clerk Genier. Supervisor Fitzpatrick invited Commissioner of Public Works Erin Magee to the podium to recognize a retired Town of Irondequoit employee, Joe Lobene. He served the Town for over 25 years as an exemplary employee. He worked himself up to Labor Foreman and was instrumental in bringing about the Town-wide storm water district. He has also put forth a vision for the Irondequoit Cemetery. In 2021, Mr. Lobene received the APWA Zeifting Award for outstanding public service. He serves his community in so many ways and will surely be missed. Supervisor Fitzpatrick then announced the recipient of the Staff Spotlight for March—Tom Albert from the Public Works Department. Commissioner of Public Works Erin Magee commented that Tom will drop everything to help people. He is an exemplary employee, a joy to work with and he does everything to better the community. Supervisor Fitzpatrick called the Meeting to order, Pledge was said, and Town Clerk Genier called roll. SUPERVISOR’S REMARKS AND ANNOUNCEMENTS: Supervisor Fitzpatrick called the Board members to the podium, as well as Chris Cardon, Head Coach for the Irondequoit Boys’ basketball team. Mr. Cardon is being recognized for achieving his 500 career win. Mr. David Long and Ms. Maria Vecchio, Monroe County Legislators, presented Mr. Cardon with a Certificate of Recognition. Mr. Cardon is just one of five coaches to achieve this milestone. Mr. REGULAR TOWN BOARD MEETING MARCH 15, 2022 45 Cardon was presented with a Proclamation for his commitment to the youth of Irondequoit. He has been coaching for 38 basketball seasons, 36 as Head Coach. He retired in 2016 from West Irondequoit Central School District as a Physical Education teacher. In 2019, Mr. Cardon was inducted into the New York Basketball Coaches Hall of Fame. Supervisor Fitzpatrick then read the Proclamation honoring Chris Cardon. Supervisor Fitzpatrick then read the Proclamation given to the ERASE Organization for their commitment to eliminate racism and seek equity and for partnering with other organizations to achieve their goals and objectives. The Town recognizes the hard work being done by this organization. Supervisor Fitzpatrick then called Tamara Denysenko and fellow Ukrainians to the podium to present them with a Proclamation. Ms. Denysenko thanked the Supervisor and the Board members for the Proclamation in support of a most tragic event in the world—the War Invasion of the Ukraine. Ms. Denysenko stated that the Ukrainian community has been in Irondequoit for over 100 years. She stated that the Ukraine is paying the price for freedom and democracy. Several members of the Ukrainian community were called to the podium and a song of prayer was sung. Supervisor Fitzpatrick stated that a flag pole that was promised last year will be erected by the memorial this spring. Supervisor Fitzpatrick then read the Proclamation and the closing prayer for the Ukraine was sung. Supervisor Fitzpatrick announced that there will be two (2) public hearings held at this meeting— the first on the matter of granting a Special Use Permit for 2841 Culver Road in a R-1 Residential District and the second authorizing a Right of Entry Agreement with Greenlight Networks to install fiber optic cabling and equipment at the Irondequoit Community Center. The public hearings will begin at 7:35 PM. PUBLIC INPUT: No one came forward to speak at Public Input. Financial Report: Comptroller Marsh noted that the 2021 books were open through the end of February to allow for receipt and processing of outstanding commitments and to account for and properly record the remaining revenue that is owed the Town. The books are now closed. At the June Town Board meeting, the Town’s auditors from The Bonadio Group will present highlights of the audited 2021 Financial Statements and Audit Report. Comptroller Diana Marsh reviewed the preliminary financial results for the Town as of February 28, 2022: Total expenses and encumbrances are 98.9% of budget or $38,286,194, below the 100% of the year that has elapsed. This sum includes $732,430 of encumbrances. The General Fund Expenses are at 97% of budget or $23,269,180. Actual expenditures are $22,681,114 and 2.5% is due to encumbrances of $588,066. Outstanding encumbrances include contracted services for the revaluation project and the School Violence Prevention Grant and various vehicles and equipment which delivery was delayed due to the pandemic. Expenses in the Highway Funds are above budget at 109.6%, a total of approximately $6,199,275. The costs in these funds result from considerable expenses and encumbrances for salt, fuel and paving. The overage of expenditures results from additional paving and will be offset by additional CHIPS revenue. The Library expenditures are at 98.1% of budget, a total of $2,635,126. Expenses in the Sewer Fund of $4,037,695 are below budget at 97.3%. Stormwater Drainage expenses are approximately 98% of budget, a total of $915,484. The General Fund has received revenue of $25,559,188, 113.8% of budget. Real Estate taxes totaled $11,799,864; Payment in Lieu of Tax revenue equated to $269,798, 101% of budget; Other major revenue recorded or accrued by the Town include: Sales Tax in the amount of $6,728,812 or 141.3% of budget; AIM related payments of $613,283 or 100% of budget; Franchise Cable TV of 661,894 or 95.2% of budget; and Mortgage Tax of $1,469,44 or 163.3% of budget. Other Sources of Revenue include the sale of real property at $611,000. Regarding the Entire Town, $41,018,722 or 111% of revenue and appropriated fund balance is documented to date. At year-end, the Library revenue totals $2,660,497 or 100.6% of budget. The Highway revenue was recorded at $6,471,597 or 116.1% of budget. The Sewer Fund recorded revenue of $4,073,065 or 99.8% of budget. The Stormwater Drainage has received $868,588 or 97.6% of budget. In addition, American Rescue Funds of $11,227,458 (almost half of the Town’s total estimated award) were received in May. A second and final payment is expected in May of 2022. 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. Approximately $5.6M has been allocated to projects. A special revenue fund has been established to account for these funds. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the First Financial Report was accepted. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED REGULAR TOWN BOARD MEETING MARCH 15, 2022 46 Comptroller Marsh then reported on the 2022 financial results for the Town as of February 28, 2022: Total Actual and Encumbered Expenses are $7,435,130 or 18.8% of budget. This is higher than the 16.7% of the year that has elapsed. Actual Expenses are $4,092,315 (10.3% of budget) and encumbered expenses are $3,342,815. Encumbrances are typically high early in the year as departments are committing to services and supplies that will be needed throughout the year and outstanding prior year open encumbrances roll into the new year. The General Fund Expenses are at 18.6% of budget or $4,613,213. Actual expenditures are $2,685,209 and encumbrances are $1,928,004. The Highway Fund expenses are $1,345,555 or 23.7% of budget. Expenditures in the Library are under budget at $253,702 or 9.1% of budget. The Sewer Fund expenses are 20.4% of budget, equating to $833,158. Expenses in Stormwater Drainage total $141,080 or 15.3% of budget. The General Fund revenue received is $13,056,949 or 54% of budget. Included in revenue is $11,797,475 of Real Estate tax, 100% of budget. $219,620 of Payment in Lieu of Tax has been received, 76.1% of budget. Regarding the Entire Town: $24,710,857 or 63.7% of revenue has been received to date. 100% of real estate tax and Special District Fees of $23,135,335 has been received. $18.1M of the amount received is Real Estate Tax. The Library has received $2,696,284 or 96.7% of its budgeted revenue. The Highway Fund has received 70% or $3,959,080 of its budgeted revenue. Sewer has received $3,908,409 or 97.9% of that fund’s budget. Stormwater Drainage receipts of $856,205 (97.7% of budget) has been received On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Second Financial Report was accepted. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED APPROVAL OF MINUTES: On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, the February 8, 2022 Workshop Meeting Minutes were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the February 15, 2022 Regular Town Board Meeting Minutes were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED ITEMS FOR BOARD ACTION: 3A2022-3 RESOLUTION AUTHORIZING THE PERMANENT APPOINTMENT OF A FULL-TIME POLICE OFFICER IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Louis Buduson as a permanent full- time Police Officer in the Irondequoit Police Department. Chief of Police Alan Laird explained that this resolution would appoint Louis Buduson as a permanent full-time Police Officer, who is a transfer officer from Syracuse with six years’ experience. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-068 PUBLIC HEARINGS: 3PH2022-1 ON THE MATTER OF GRANTING A SPECIAL USE PERMIT 7:35 PM FOR 2841 CULVER ROAD IN A R-RESIDENTIAL DISTRICT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Public Hearing was opened at 7:35 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Donna Martello from the Community Development Department explained that the Irondequoit Community Cupboard submitted an application to obtain a Special Use Permit (SUP)at 2841 REGULAR TOWN BOARD MEETING MARCH 15, 2022 47 Culver Road in the R-1 Residential District to operate a nonprofit organization, which action requires a SUP. The application was reviewed and discussed at the Planning Board Meeting on February 28, 2022 and a Positive Referral for the SUP was recommended. Ms. Martello listed the following comments: 1) it fills a need for the community; 2) the site is currently underutilized; 3) this is a good use of the parcel; 4) there is no traffic concerns; and 5) the SUP should be for the use of a nonprofit organization at this parcel. Pursuant to NYS Environmental Quality Review Act, this action is classified as a Type II Action and has determined that no further SEQRA review is required. Public Hearing Public Input: Karen Kreuter, a Webster resident and volunteer for ICC, addressed the Town Board regarding the Irondequoit Community Cupboard (ICC) and the move to a new, larger facility. She became involved with ICC during the start of the pandemic. She shared information on how much they need a larger facility to meet the needs of Irondequoit residents and commented that Irondequoit is a vital part of this Town. Donna Cunningham, 2 Autumn View Estates, is a volunteer for ICC and shares her support of the Irondequoit Community Cupboard. She spoke on the current inadequate facility of the Food Cupboard. There is no room on the shelves for any more supplies. She noted that in addition to food donations, they have a backpack program for school children, Thanksgiving baskets in November, Christmas gifts in December and a second backpack program with food donations. The Food Cupboard is desperate for more space; there is limited space even for the volunteers to work. Ms. Cunningham also noted that the outdoor space is limited as the building is on a dead- end street, causing the cars dropping off donations and those of volunteers to line up down the street. The new location of 2841 Culver Road is set back from the road, offers a great deal of parking and gives the families picking up items to have some privacy. Debra Evans, President of the Irondequoit Food Cupboard, had photos of the current facility and how cramped the space is to continue the work of the Food Cupboard. Ms. Evans began this business out of her garage and then moved to a refurbished shed. When they moved the business to 4275 Culver Road, she thought there was ample space for many years to come. Sixteen years later, the business had outgrown its home. There has been an increase in client numbers, as well as services provided. Following a three-year search for new quarters, they came upon 2841 Culver Road and would very much like to move forward with this matter. Funds to secure the new facility will come from grants. Councilmember Perticone noted that any business that helps the community for over 15 years is a successful and needed business. They have shown the need to relocate to a larger facility and they will be able to continue serving the people of Irondequoit. Councilmember Freeman added her praise to Ms. Evans and her group for all they do for the people in Irondequoit. Councilmember Romeo echoed the sentiments of the other Board members and added that Irondequoit is no different from other communities, but Irondequoit had a visionary who acted on the need for assistance. Councilmember Romeo thanked Ms. Evans and her volunteers for all they do to help those in need. Councilmember Wehner added that he was happy the Cupboard was able to find a facility that will meet their current and future needs. It will be a good use of a parcel that has been vacant for a long time. On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, the Public Hearing was closed at 7:54 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED 3PH-1 RESOLUTION APPROVING A SPECIAL USE PERMIT FOR 2841 CULVER ROAD IN A R-1 RESIDENTIAL DISTRICT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the Special Use Permit for 2841 Culver Road, in a R-1 Residential District, to operate a nonprofit organization, Irondequoit Community Cupboard. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-069 3PH2022-2 ON THE MATTER OF AUTHORIZING A RIGHT OF ENTRY 7:36 PM AGREEMENT WITH GREENLIGHT NETWORKS TO INSTALL FIBER OPTIC CABLING AND EQUIPMENT AT THE IRONDEQUOIT COMMUNITY CENTER REGULAR TOWN BOARD MEETING MARCH 15, 2022 48 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Public Hearing was opened at 7:55 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Attorney Andrew Dean explained that in 2019, the Town Board approved agreements with Greenlight Networks, LLC to license space at the Irondequoit Public Library and two other Town facilities in exchange for free internet service at the Town Hall, the Public Safety Building and one other facility to be added in the future. The Town Board now wishes to license space at the Irondequoit Community Center to Greenlight for installing fiber internet equipment in exchange for free internet service to five Town locations: the Cemetery, the Community Center, The Public Works facility, McAvoy Park and Camp Eastman. This Project was found to have no significant adverse environmental impacts and a Negative Declaration was adopted. Public Hearing Public Input: Charles Casadante, 81 Teakwood Road, a representative of Greenlight, stated that this is a great partnership to serve the Town and thanked the Town for their support. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Public Hearing was closed at 7:57 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED 3PH-2A RESOLUTION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT WITH RESPECT TO AGREEMENTS FOR INTERNET SERVICES WITH GREENLIGHT NETWORKS LLC On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing adoption of the Negative Declaration for the Project and determining that no Environmental Impact Statement is required. Commissioner of Public Works Erin Magee stated that there would be minimal disturbance to the soil or any of the Town’s infrastructures connected to this action. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-070 3PH-2B RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AN AGREEMENT TO LICENSE SPACE TO GREENLIGHT NETWORKS LLC AT THE IRONDEQUOIT COMMUNITY CENTER On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter into an agreement with Greenlight Technologies, LLC, granting Greenlight a license to use space at the Irondequoit Community Center in exchange for free internet service at the following five Town locations: the Irondequoit Cemetery, the Irondequoit Community Center, the Department of Public Works, McAvoy Park and Camp Eastman. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-071 3A2022-4 RESOLUTION AUTHORIZING THE PERMANENT APPOINTMENT OF A SECOND FULL-TIME POLICE OFFICER IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Mark Sorrentino as a permanent full-time Police Officer in the Irondequoit Police Department. Chief of Police Alan Laird explained that Officer Sorrentino is also a transfer from the City of Syracuse Police Department. He has just under three years of experience. Councilmember Romeo stated that it has been very difficult to find candidates to fill the vacancies in the Police Department and thanked the Department for their ongoing efforts. REGULAR TOWN BOARD MEETING MARCH 15, 2022 49 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-072 3A2022-5 RESOLUTION AUTHORIZING THE PERMANENT APPOINTMENT OF A THIRD FULL-TIME POLICE OFFICER IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the permanent appointment of Jacob Gauthier as a permanent full-time Police Officer in the Irondequoit Police Department. Chief of Police Alan Laird explained that Officer Gauthier is a transfer from the Genesee County Sheriff's Office. He has seven years of experience. Chief Laird stated that the Department is still looking for three more candidates to put through the Academy, which begins at the end of September or early October. The next Police Officer civil service exam will be held in the fall of 2023 and a Rochester City exam will be held in April of 2022. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-073 3A2022-6 RESOLUTION AUTHORIZING THE HIRING OF A PART-TIME SCHOOL TRAFFIC GUARD IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Mary Grace as a part-time School Traffic Guard in the Irondequoit Police Department. Chief of Police Alan Laird explained that Mary Grace will be hired as a substitute part-time School Crossing Guard, filling in when she is needed. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-074 3A2022-7 RESOLUTION AUTHORIZING THE APPOINTMENT OF A RECREATION ASSISTANT IN THE IRONDEQUOIT DEPARTMENT OF RECREATION On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Sheila Reed as a part-time Recreation Assistant in the Department of Recreation. Director of Recreation Katrina Hall explained that Sheila Reed will fill evening and weekend shifts at the front desk. She has an extensive background in administration. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-075 3A2022-8 RESOLUTION AUTHORIZING THE PERMANENT APPOINTMENT OF A SECOND PART-TIME RECREATION ASSISTANT IN THE IRONDEQUOIT DEPARTMENT OF RECREATION On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Cedric Chery as a part-time Recreation Assistant in the Department of Recreation. Director of Recreation Katrina Hall explained that Cedric Chery will be on staff for the Fitness Center in the evening and weekend shifts. Mr. Chery wanted to work at the Center after he became a member. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-076 REGULAR TOWN BOARD MEETING MARCH 15, 2022 50 3A2022-9 RESOLUTION AUTHORIZING THE APPOINTMENT OF A THIRD RECREATION ASSISTANT IN THE IRONDEQUOIT DEPARTMENT OF RECREATION On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Douglas Edgett as a part-time Recreation Assistant in the Recreation Department. Director of Recreation Katrina Hall explained that Douglas Edgett is the final new hire and will join the fitness staff filling the early morning vacancies. He is a professional firefighter and athletic trainer. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-077 3A2022-10 RESOLUTION AUTHORIZING THE APPOINTMENT OF A MOTOR EQUIPMENT OPERATOR On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Timothy Hughes as a full-time Motor Equipment Operator. Commissioner of Public Works Erin Magee stated that Timothy Hughes has been an employee of the Town for 12 years. He is qualified to operate several different pieces of equipment. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-078 3A2022-11 RESOLUTION AUTHORIZING THE APPOINTMENT OF A CHIEF COURT CLERK On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Sally Nash as a full-time Chief Court Clerk. Director of Human Resources Jason Vinette explained that due to a resignation, there is a vacancy in the Town Court for a full-time Chief Court Clerk. This position was posted on January 31st. There were 7 applicants and in consultation with the Town’s three Justices, Sally Nash was unanimously recommended for this position. Ms. Nash received her law degree from the University of Memphis and holds a B.S. degree in Business as well. If offered the position, she will relocate to Irondequoit. Councilmember Freeman wanted to know when the former Court Administrator left as she wasn’t sent information on his leaving. Director Vinette stated that the resignation was announced in December and a Job Announcement was distributed in January and sent to the Town Board members. A Letter of Resignation was submitted to Director Vinette. Councilmember Freeman asked to have a copy of the Resignation Letter sent to her but was told copies are generally not sent out. She can meet with Director Vinette and view the Letter. Councilmember Freeman stated that she was not copied in on the email sent on January 31 regarding the job posting. Attorney Dean stated that she was copied in and he had a hard copy of that email in his file. Supervisor Fitzpatrick explained that when an employee resigns, notification is generally sent by that employee to the Board members. The Town will continue that practice. Councilmember Freeman added that this is the fourth resignation that she was not aware of. Councilmember Perticone noted that the Board is not always aware of a resignation; some employees chose to send notification to the Board, and some do not. Councilmember Perticone said that he is notified when the job posting is received. Attorney Dean stated that Letters of Resignation from public officers are sent to the Town Clerk, not the Board; Letters of resignation from employees are given to the Supervisor. The Town Justices are charged with making the selection of the Chief Court Clerk. Town Code law was followed with the employment of the Court Clerk on the advice and consent of the Town justices. The Town Board will then vote on their selection. Upon voting, Councilmember Freeman abstained due to the fact that she didn’t have enough information before her. Attorney Dean stated that an abstention can only be used if there is a conflict of interest. Councilmember Freeman stated that she can abstain if she doesn’t feel that she has not been adequately informed on this issue. Attorney Dean noted that last month the Town adopted Improvements to the Ethics legislation that became effective upon REGULAR TOWN BOARD MEETING MARCH 15, 2022 51 filing with the Secretary of State. Councilmember Freeman added that she is not voting no or yes on this matter, she is abstaining. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Abstain Town Supervisor Fitzpatrick Aye Resolution Number 2022-079 3A2022-12 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE MATTER OF GRANTING A SPECIAL USE PERMIT FOR 450 EMPIRE BLVD., 462 EMPIRE BLVD., AND 376 HELENDALE ROAD IN A C-BUSINESS DISTRICT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted calling for a public hearing on April 26, 2022 at 7:35 PM on the matter of granting a Special Use Permit for 450 Empire Blvd., 462 Empire Blvd and 376 Helendale Road in a C-Business District. Donna Martello from the Community Development Department explained that 450 Empire Blvd., LLC has applied for a Special Use Permit (SUP) for the properties located at 450 Empire Blvd., 462 Empire Blvd., and 376 Helendale Road to operate a gasoline service station. This action requires a SUP. The action will take the 711, currently located on the northwest corner of Helendale and Empire Blvd and build a new 3,000 sf store on the northeast corner of that intersection, along with a gas service station. The three parcels will be joined into one parcel. The new 711 will have a 24-hour operation, just like the former 711. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-080 3A2022-13 RESOLUTION AUTHORIZING 2021 INTER-FUND CLOSING TRANSFERS TO APPROPRIATE FUNDING TO THE SELF INSURANCE FUND On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the 2021 inter-fund transfers as stated on Exhibit A to appropriate funding for the Self Insurance Fund. Comptroller Diana Marsh explained that this resolution will authorize the transfer of $98,750 from various operating funds to the Self Insurance Fund for current workers’ claims. These transactions are necessary prior to closing the 2021 operating budget accounts. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-081 3A2022-14 RESOLUTION AUTHORIZING A SERIES OF BALANCED APPROPRIATION TRANSFERS WITHIN SEVERAL FUNDS OF THE 2021 OPERATING BUDGET On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the series of appropriation transfers for the 2021 operating budget as summarized on Exhibit A. Comptroller Diana Marsh explained that this resolution will authorize inter-fund transfers prior to closing the 2021 operating budget accounts. The transactions are balanced within each operating fund. She noted that this is an annual resolution to bring the appropriations in balance. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-082 REGULAR TOWN BOARD MEETING MARCH 15, 2022 52 3A2022-15 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AN INTERMUNICIPAL COOPERATIVE AGREEMENT FOR POLICE RESPONSES BETWEEN THE CITY OF ROCHESTER AND TOWN OF IRONDEQUOIT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter into the Intermunicipal Cooperative Agreement for police response between the City of Rochester and the Town of Irondequoit. Chief of Police Alan Laird explained that this resolution would allow the Irondequoit Police Department to be the primary agency for Delta Sonic, 615 E. Ridge Road. The majority of the property falls in Irondequoit but some of it is located in the City. This has been a good partnership between the two law enforcement agencies. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-083 3A2022-16 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AN INTERMUNICIPAL AGREEMENT BETWEEN THE MONROE COUNTY SHERIFF’S OFFICE AND THE IRONDEQUOIT POLICE DEPARTMENT FOR LIVESCAN EQUIPMENT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted accepting the Livescan equipment pursuant to the Intermunicipal Agreement and the principle Grant conditions of the NYS Division of Criminal Justice Services and authorizing the Supervisor and Chief of Police to execute the Intermunicipal Agreement. Chief of Police Alan Laird explained that this resolution would allow the Irondequoit Police Department to take custody of Livescan equipment which is used to photograph arrested individuals. This equipment was purchased by the Monroe County Sheriff’s Office with grant funds. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-084 3A2022-17 RESOLUTION DECLARING CERTAIN EQUIPMENT SURPLUS On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, a resolution was adopted declaring certain items as surplus and authorizing the Supervisor to execute and deliver to Roy Teitsworth, Inc. such documentation as necessary to auction said items at the April 5, 2022 Internet Auction. Chief Alan Laird stated that several items that are very old and no longer used by his Department. He stated that the Department has remodeled the Roll Call Room and several items from this Room are no longer needed. He intends to auction these surplus items at the Internet Auction to be held on April 5, 2022. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-085 3A2022-18 RESOLUTION AUTHORIZING THE ATTENDANCE OF NY HOSTAGE NEGOTIATORS 2022 ANNUAL CONFERENCE On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, a resolution was adopted authorizing Officers Jamie Coon, Thomas Fitzak, James Frascati and Christopher Gruhn to attend the NY Association of Hostage Negotiators 2022 Annual Hostage Negotiation Conference in Buffalo, NY beginning May 25th through May 27th. REGULAR TOWN BOARD MEETING MARCH 15, 2022 53 Chief of Police Alan Laird explained that this resolution would allow four of his officers to attend this Conference. Two of the officers will be attending free of charge as Officer Fitzak sits on the State Board. This training is not just for hostage negotiations, but also presents skills in dealing with people in crisis. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-086 3A2022-19 RESOLUTION AUTHORIZING THE LEASE OF FOUR CHEVROLET BLAZER 2LT VEHICLES On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted accepting the bid to be in the best interests of the Town and authorizing the Supervisor to enter into an Agreement with Hoselton Leasing Company., Inc. for the lease of four new 2023 Chevrolet Blazer 2LT FWD SUV’s at a cost of $36,945 per unit, $540.12 per month, for a term of 36 months and a 60,000 mile limit per vehicle from June 2022 to June 2025. Chief of Police Alan Laird explained that these vehicles used by the investigators and command staff will replace four vehicles at the end of the current leases. This is a budgeted item. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-087 3A2022-20 RESOLUTION AUTHORIZING PAYMENT FOR GENEALOGY TESTING On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the payment for genealogy testing in the amount not to exceed $1,200. Chief of Police Alan Laird explained that there is a Jane Doe cold case from the early 1980s that he would like to investigate in an attempt to help identify the victim and bring closure to the family. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-088 3A2022-21 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH BIVONA ADVOCACY CENTER On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted authorizing the Chief of Police to enter into the Memorandum of Understanding with Bivona Advocacy Center. Chief of Police Alan Laird explained that this MOU would allow the Department to continue to partner with the Bivona Advocacy Center. This is a location where they can do interviews and provide physical and mental health services to children who are victims of sex crimes. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-089 3A2022-22 RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE IRONDEQUOIT POLICE DEPARTMENT AND THE NIGHSTICK CLUB, P.B.A., INC. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor and the Chief of Police to enter into the MOU with the Union. Chief of Police Alan Laird explained that this MOU between the Irondequoit Police Department and the Nightstick Club, P.B.A. addresses concerns regarding some things that have come up with an employee who was recently hired. REGULAR TOWN BOARD MEETING MARCH 15, 2022 54 UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Abstain Town Supervisor Fitzpatrick Aye Councilmember Freeman abstained as she knows the employee. Councilmember Perticone noted that he also knows the employee. Attorney Dean stated that a Board member can only abstain if there is a true conflict of interest and he defined conflict of interest if a Board member or their spouse has a contractual or business relationship with the person they are abstaining from. Councilmember Freeman again stated that she knew the Officer and his mother and Councilmember Perticone added that he knows the Officer and his whole family. Supervisor Fitzpatrick then called for order and called for a second vote. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Abstain Town Supervisor Fitzpatrick Aye Resolution Number 2022-090 3A2022-23 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT FOR TREE INVENTORY AND COMMUNITY FOREST MANAGEMENT PLAN SERVICES On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, a resolution was adopted awarding the contract for creation of a Tree Inventory and Community Forest Management Plan Services for Irondequoit to Davey Resource Group in the amount of $45,300 and authorizing the Supervisor to execute all necessary documents to enter into an agreement with Davey Resource Group. Commissioner of Public Works Erin Magee explained that Davey Resource Group was awarded the contract to create a Tree Inventory and Community Forest Management Plan services for Irondequoit in the amount of $45,300. This will help the Town prioritize work around the Town. There is also a public outreach component to the Plan where residents can do improvements throughout the Town. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-091 3A2022-24 RESOLUTION AUTHORIZING THE REVISION OF MEMBERSHIP RATES FOR THE NEW IRONDEQUOIT COMMUNITY CENTER On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing adoption of the revised membership fee schedule for the Irondequoit Community Center. Director of Recreation Katrina Hall explained that her Department has an increase of members 55 and older who have dependents 26 years old or younger. Director Hall noted that there is a need for a senior household membership. This resolution proposes a revised membership fee schedule which includes this membership. She stated that this fee schedule follows the same fee schedule as the current membership. She stated that she is proposing a name amendment to her current senior household membership to be renamed Senior Couple which would include two individuals, 55 and above in age. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-092 3A2022-25 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT FOR SENIOR GOLF LEAGUES FOR SPRING/SUMMER 2022 REGULAR TOWN BOARD MEETING MARCH 15, 2022 55 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter into contracts with Lake Shore Country Club to provide tee times for the Senior Men’s and Ladies’ Golf Leagues in 2022. Director of Recreation Katrina Hall explained that this is an annual resolution. She obtained three written quotes and Lake Shore Country Club submitted the lowest quote. The fees to the Country Club are offset by the registration fees that are paid by the participants. This is a budgeted expense. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-093 3A2022-26 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER AND AMEND VARIOUS CONTRACTS WITH VENDORS FOR GROUP EXERCISE PROGRAMMING FOR WINTER/SPRING 2022 On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter and amend various contracts with vendors for group exercise programming for Winter/Spring 2022. Director of Recreation Katrina Hall explained that this resolution would authorize an amendment to add instructors for Group Exercise recreational programs. This resolution replaces and supersedes Addendum “A” of Resolution 2021-339 and adds instructors as described in Addendum “B”. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-094 3A2022-27 RESOLUTION AUTHORIZING ENTRY INTO NEW YORK STATE WORKMEN’S COMPENSATION ALLIANCE -- PULLED Director of Human Resources Jason Vinette explained that there was a timing issue and the Town was given a two-month extension to submit the necessary paperwork for entry into NYS Workmen’s Compensation Alliance. 3A2022-28 RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR THE 20TH ANNUAL SUNSET HOUSE 5K RUN AND FITNESS WALK On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the Special Event License for the 20th Annual Sunset House 5K Run and Fitness Walk. Town Clerk Genier stated that this is an annual event, and all approvals have been received. The event will be held on Saturday, June 25th beginning at 9:00 AM on Cooper Road between Chase Bank and the former Evans Library Branch and ending at the Irondequoit United Church of Christ. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-095 3A2022-29 RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR THE 13TH ANNUAL CURE CHILDHOOD CANCER ASSOCIATION 5K RUN AND FUN WALK On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the Special Event License for the CURE Childhood Cancer Association 13th Annual 5K and Fun Walk. Town Clerk Genier stated that this is an annual event, and all approvals have been received. The event will be held on Saturday, April 30th from 8:00 AM to 11:00 AM at I-Square. REGULAR TOWN BOARD MEETING MARCH 15, 2022 56 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-096 Supervisor Fitzpatrick announced that there are vacancies on the Planning and Zoning Boards for interested volunteers. The information can be found on social media, as well as the website. If interested, please call Michelle at 336-6017. Attorney Dean recommended that the Board members turn their packets over to the Clerk for destruction as they may contain confidential information. Upcoming Meetings: Town Workshop Meeting: Tuesday, April 12, 2022 @ 4 PM Regular Town Board Meeting: Tuesday, April 26, 2022 @ 7 PM . (Date changed from April 19, 2022) On a motion made by Councilmember Wehner, seconded by Councilmember Perticone, the Regular Town Board Meeting was adjourned at 8:31 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk SPECIAL TOWN BOARD MEETING MARCH 18, 2022 57 PRESENT: Rory Fitzpatrick Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery Town Attorney Others in attendance included Assessor Amy Jorstad, Director of Human Resources Jason Vinette, Director of Administration Maria Vecchio and Town Clerk Barbara Genier. Supervisor Fitzpatrick called the meeting to order, Pledge was said, and Roll Call taken by Town Clerk Genier. This meeting was called to discuss the possible postponement of the Town wide reassessment of real property. Assessor Amy Jorstad began by explaining the process in conducting a Town wide assessment. After careful consideration and discussion with the Contractor, the Town Attorney and Supervisor, Assessor Jorstad stated that the reassessment project will be postponed until next year. The Town needs time to properly inform the residents about the potential tax impact a new assessment could have and in light of the current inflationary pressures, the Town thought it best to postpone the project for a year so the residents will not have the extra stress that many are feeling. Assessor Jorstad stated that this postponement will not cost the Town any additional money. She also noted that her department has experienced staffing shortages and have had difficulty getting information from the County, which contributed to the delay of the project. She added that the Town will not be sending out tax impact letters stating their preliminary assessment; they will be sent out next year. Assessor Jorstad stated that she was not planning to send out correspondence stating that the reassessment project was being postponed as that would be very costly. She will use the resources available at the Town to get the information out to the residents, such as social media, website and mailings from other departments. She feels residents will welcome this postponement. Assessor Jorstad stated that a reassessment project is done when the assessment and sale prices are not consistent. The Town is currently at 88% equalization rate. The rate has been declining since the last reassessment project conducted in 2018. The State wants the Town to have a 100% equalization rate and that is one reason that the Town needs to conduct a reassessment. Another reason is to make sure there is equity within the Town among the neighborhoods. There are some neighborhoods that are depreciating at different rates. Those properties need to be reassessed to make sure that they are properly assessed and paying their fair share of taxes. There is not a timeframe in which to reassess properties; however, when the Town is at 88% and that rate is continuously dropping, that is a good time to conduct a reassessment. Assessor Jorstad stated that the Town will be conducting a reassessment in 2023. The final equalization rate has not yet been determined. Councilmember Romeo noted that the Town is not looking to collect any more taxes; it needs to bring the properties to a fair and equitable assessment. Assessor Jorstad stated that the equalization rate lets the residents know that the assessments at this point are 12% on average below market value. The new assessment rate will reflect on average where everyone is. The amount of taxes that need to be collected and the assessments determine the percentage of the taxes that everyone pays. SPECIAL TOWN BOARD MEETING MARCH 18, 2022 58 Joe Emminger, President of ENPM and Consultant for the Town, joined the discussion via Zoom. He stated that the property values in every municipality increase or decrease at different rates. The equalization rate applies to all properties in Town, residential, commercial, and vacant land. To make the Roll more equitable, reassessment projects are conducted. He stated that different parts of the Town and different neighborhoods can then be reflected in those values, along with the different appreciation rates that are taking place in those neighborhoods. The equalization rate in about 95% of the Towns throughout New York State will be dropping significantly for those who do not conduct reassessment projects this year. He stated that property values are increasing at a rate that he hasn’t seen before. Prices continued to increase through 2020 and 2021. Property values should begin to slow down and interest rates should rise. With the equalization rate dropping and the property values increasing, the Town will see significant overall increases in residents’ assessments. Mr. Emminger said the goal for the 2023 reassessment project is to have everything done sometime before the end of December. The Impact Notices will go out by March 1st of 2023. The bulk of the work will be done in September and October of 2022. Assessor Jorstad commented that if anyone has a question, they can come to the office or call the Assessor’s Office at 585-336-6055. Supervisor Fitzpatrick stated that there is no action being taken on this matter and the decision to postpone the reassessment until next year is the Assessor’s. On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Special Town Board Meeting was adjourned at 12:24 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk SPECIAL TOWN BOARD MEETING APRIL 1, 2022 59 PRESENT: Rory Fitzpatrick Supervisor John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery Town Attorney ABSENT: Patrina Freeman Town Board Member Others in attendance included Director of Human Resources Jason Vinette, Director of Administration Maria Vecchio, Secretary to the Supervisor Ellie Gastafson, Chief of Police Alan Laird and Town Clerk Barbara Genier. Supervisor Fitzpatrick called the meeting to order, Pledge was said, and Roll Call was taken by Town Clerk Genier at 4:52 PM. ITEM FOR BOARD ACTION: 4STB2022-1 Resolution Awarding Grant Funding to Irondequoit Community Cupboard, Inc. On a motion made by Councilmember Perticone, seconded by Romeo, a Resolution was adopted awarding $411,145.59 in grant funding to Irondequoit Community Cupboard, Inc. for the purchase of 2841 Culver Road, with $375,109 coming from CDBG Cares Act funding and $36,036.59 from funds available in the RISE grant program. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Absent Rory Fitzpatrick Supervisor Aye On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Special Town Board Meeting was adjourned at 4:55 PM. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Absent Rory Fitzpatrick Supervisor Aye Respectfully submitted, Barbara Genier, Town Clerk Resolution No. 2022- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR 450 EMPIRE BLVD, 462 EMPIRE BLVD & 376 HELENDALE ROAD, IN THE C-BUSINESS DISTRICT 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 26th day of April 2022 at 7:00 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, Woods Oviatt Gilman LLP, acting as agent for 450 Empire Blvd, LLC, has submitted an application to obtain a special use permit at 450 & 462 Empire Blvd and 376 Helendale Road, in the C- Business District to operate a gasoline service station, which requires a special use permit pursuant to section §235-28-(A)(2) of the Town of Irondequoit Code; and WHEREAS, the Application was reviewed and discussed at the Town Planning Board Meeting held on March 28, 2022 and the Town Planning Board issued comments and a report on the issuance of a Special Use Permit to the Town Board dated March 31, 2022, recommending a positive referral for the Special Use Permit, with the following recommendations: Concerned about and the need to pay special attention to the neighborhood impacts regarding noise, lights, odors and refuse, Concerned about the layout of the site and it’s congruence with adopted land use plans, Consider the number of pumps proposed, Review the hours of operation, Pedestrian access not on current plans and needs to be addressed, Truck traffic on Sheet No: 4 needs to be addressed; and WHEREAS, a public hearing was held by the Town Board, pursuant to Section 274-b of New York State Town Law, on April 26, 2022 at the Irondequoit Town Hall, 1280 Titus Avenue, in the Town of Irondequoit, New York, at 7:35pm, where the facts in support of the requested Special Use Permit were presented and where public input was received and thereafter the public hearing was closed (the “Public Hearing”); and WHEREAS, pursuant to the New York State Environmental Quality Review Act and its implementing regulations (collectively, “SEQRA”), the Special Use Permit is classified as a Type II Action pursuant to 6 NYCRR § 617.5(c)(9) (construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities) and no further SEQRA review is required. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the Special Use Permit for 450 Empire Blvd, 462 Empire Blvd & 376 Helendale Road, in the C – Business District, for the operation of a gasoline service station as described herein, subject to the following conditions: _______________________________. This resolution shall take effect immediately. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Fitzpatrick voting _______ 1280 TITUS AVENUE • ROCHESTER , NEW YOR K 14617 • PHONE : (585) 336 -6017 WWW.IRONDEQUOIT.ORG TO: The Honorable Town Board FROM: Michelle Nichols, Recording Secretary Division of Planning & Zoning DATE: March 31, 2022 SUBJECT: SPECIAL USE PERMIT – 450 Empire Blvd At their regularly scheduled meeting on Monday, March 28, 2022, the Planning Board reviewed the matter by 450 Empire Blvd, LLC for a SPECIAL USE PERMIT, for the use of a gasoline service station, on premises 450 Empire Blvd, 462 Empire Blvd & 376 Helendale Road, in the C-Business District. On Motion by Board Member Eveland; Seconded by Board Member Read; Motion Carried: 4 Aye, 0 Nay, 2 Absent, 0 Abstained, 1 Vacancy. The Planning Board offered a POSITIVE REFERRAL to the Town Board, with the following recommendations: 1. Concerned about and the need to pay special attention to the neighborhood impacts regarding noise, lights, odors, and refuse. 2. Concerns about the layout of the site and it’s congruence with adopted land use plans. 3. Consider the number of pumps proposed. 4. Review the hours of operation. 5. Pedestrian access not on current plans and needs to be addressed. 6. Truck traffic on Sheet No: 4 needs to be addressed. Resolution No. 2022-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT TO THE TOWN OF IRONDEQUOIT BOARD OF ASSESSMENT REVIEW 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 26th day of April, 2022 at 7:00 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 New York Real Property Tax Law §523, it is necessary to have members on the Board of Assessment Review who are qualified and knowledgeable in real estate values law and are residents of the Town; and WHEREAS, the Town Board finds that Steven G. Walther, Jr (Greg) is qualified to serve on the Board of Assessment Review; and WHEREAS, pursuant to New York Real Property Tax Law §523(1)(g), Board of Assessment Review members may be compensated for their services; and WHEREAS, there is a vacancy on the Board of Assessment review for a 5-year term running October 1, 2021 through September 30, 2026, and WHEREAS, funding for this appointment is available in account #001-1355-4402. NOW, THERFORE, BE IT RESOLVED, that the Town Board hereby appoints Steven G. Walther, Jr (Greg) to the Board of Assessment Review to complete the 5-year term of a current vacancy which runs October 1, 2021 through September 30, 2026, and the appointee shall be compensated for such services in the amount of $20.00 per hour. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Perticone voting __________ Town Board Member Freeman voting __________ Town Board Member Romeo voting __________ Town Supervisor Fitzpatrick voting __________ Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A LABOR FOREMAN IN THE IRONDEQUOIT PUBLIC WORKS 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 26th day of April 2022, at 7:00 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 LABOR FOREMAN in the Irondequoit Public Works Department; and WHEREAS, this is a non-competitive position and all qualified candidates that applied were interviewed for this position; and WHEREAS, the Commissioner of Public Works recommends hiring Scott Davis to fill this position NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Scott Davis as a full-time LABOR FOREMAN to be paid an hourly rate of $31.16 which shall be paid from the following budget codes 10% from 024.5142.0100.1100, 50% from 001.8560.0100.1100 and 40% from 001.8160.0100.1100 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 Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF AN AUTOMOTIVE MECHANIC IN THE IRONDEQUOIT PUBLIC WORKS 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 26th day of April 2022, at 7:00 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 an Automotive Mechanic in the Irondequoit Public Works Department; and WHEREAS, this is a non-competitive position and all qualified candidates that applied were interviewed for this position; and WHEREAS, the Commissioner of Public Works recommends hiring GREGORY ARENA to fill this position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of GREGORY ARENA as a full-time Automotive Mechanic to be paid an hourly rate of $25.84 which shall be paid from the following budget codes 90% from 023.5130.0100.1100 and 10% from 024.5142.0100.1100. 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 REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE TRANSFER OF A POLICE OFFICER 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 26th day of April 2022, at 7:00 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 numerous retirements there is a need to hire another Police Officer in the Irondequoit Police Department; and WHEREAS, this position is budgeted for in the 2022 Town Budget; and WHEREAS, Brett Pierson is a candidate for transfer because he holds this title in another jurisdiction; and the Monroe County Civil Service Commission will consider the transfer as required by Civil Service Rule XIX; and WHEREAS, the Police Chief has interviewed many candidates and recommends hiring Brett Pierson. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Brett Pierson, contingent upon approval by the Civil Service Commission, as a permanent full time Police Officer to be paid an annual rate of $71,049. which shall be paid from budget code 001.3120.0100.1100. This resolution shall take effect upon Civil Service Commission approval of the transfer.. 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 REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF A PROVISIONAL FULL TIME SPECIAL EVENTS COORDINATOR IN THE IRONDEQUOIT RECREATION 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 26th day of April 2022, at 7:00 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 retirement there is a need for a FULL TIME SPECIAL EVENTS COORDINATOR in the Irondequoit Recreation Department; and WHEREAS, this is a competitive civil service position, but there is no certified list of eligible candidates, and as such, once the examination is held, the candidate must participate and score within the top three; and WHEREAS, Geri Doberstein has been working in this Department organizing and promoting all of the Special Events for the Town of Irondequoit since May 2018 on a part time basis; and WHEREAS, the Supervisor recommends hiring Geri Doberstein to fill this position and once the examination is held for this title she will participate. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Geri Doberstein as a provisional full-time Special Events Coordinator to be paid an annual rate of $40,040. which shall be paid from budget code 001.7140.0100.1100.7146 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 AN APPOINTMENT TO THE DEER MANAGEMENT PROGRAM BOARD 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 26th day of April, 2022 at 7:00 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, pursuant to Irondequoit Town Code § 93-1(J), which implements Bow Hunt Regulations for purposes of the Town Deer Management Program (“the Program”), there shall be a Deer Management Program Board (“DMPB”); and WHEREAS, one of the members of the DMPB shall be a Town resident, who cannot be a hunter in the Program and who shall be selected by the Town Board; and WHEREAS, here is a vacancy in the position of resident-member to the DMPB, for the term of October 16, 2021 through October 15, 2022; and WHEREAS, the Town Board wishes to appoint Marcy Tiberio to the DMPB to serve as the resident member, effective from October 16, 2021 through October 15, 2022. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Irondequoit approves the following appointment: Marcy Tiberio as Member of the Deer Management Program Board for the term of October 16, 2021 through October 15, 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A SENIOR MOTOR EQUIPMENT OPERATOR IN THE IRONDEQUOIT PUBLIC WORKS 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 26th day of April 2022, at 7:00 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 SENIOR MOTOR EQUIPMENT OPERATOR in the Irondequoit Public Works Department; and WHEREAS, this is a non-competitive position and all qualified candidates that applied were interviewed for this position; and WHEREAS, the Commissioner of Public Works recommends hiring Scott Petzing to fill this position NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Scott Petzing as a full-time Senior Motor Equipment Operator to be paid an hourly rate of $29.36 which shall be paid from the following budget codes 90% from 021.5110.0100.1100 and 10% from 024.5142.0100.1100. 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 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 FILLING A ZONING BOARD OF APPEALS 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 26th day of April 2022, at 7:00 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, a vacancy currently exists on the Irondequoit Zoning Board of Appeals; and WHEREAS, the Town Board desires to fill this vacancy by appointing Lou Englert to serve out the remainder of the vacant Zoning Board of Appeals member’s term, which will expire on December 31, 2022. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit hereby approves the appointment of: Lou Englert Zoning Board of Appeals Term Expires: December 31, 2022 This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022-____________ EXTRACT OF MINUTES OF THE TOWN BOARD MEETING ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF AN ALTERNATE MEMBER TO THE TOWN ZONING BOARD OF APPEALS 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 26th day of April 2022, at 7:00P.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 Chapter 46 of the Irondequoit Town Code, the Town Board may appoint alternate members to serve on the Planning Board and the Zoning Board of Appeals; and WHEREAS, the position of Zoning Board of Appeals - alternate is currently vacant; and WHEREAS, the Town Board desires to fill this vacancy by appointing Robert E. Monigle to serve out the remainder of the alternate Zoning Board of Appeals member’s term, which will expire on December 31, 2022; and NOW, THEREFORE, BE IT RESOLVED, that the Irondequoit Town Board approves the appointment of: Robert E. Monigle Zoning Board of Appeals/Alternate Term Expires: December 31, 2022. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Perticone voting __________ Town Board Member Romeo voting __________ Town Board Member Freeman voting __________ Town Supervisor Seeley voting __________ Resolution No. 2022- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION FILLING A PLANNING 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 26th day of April 2022, at 7:00 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, a vacancy currently exists on the Irondequoit Planning Board; and WHEREAS, the Town Board desires to fill this vacancy by appointing Mr. Nathan Burdick to serve until the term expires on December 31, 2024. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit hereby approves the appointment of: Nathan Burdick Planning Board Term Expired: December 31, 2024 This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022- __________ EXTRACT OF MINUTES OF THE TOWN BOARD MEETING ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF AN ALTERNATE MEMBER TO THE TOWN PLANNING BOARD 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 26th day of April 2022, at 7:00 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 Chapter 46 of the Irondequoit Town Code, the Town Board may appoint alternate members to serve on the Planning Board and the Zoning Board of Appeals; and WHEREAS, a vacancy currently exists for a Planning Board Alternate; and WHEREAS, the Town Board desires to fill this by appointing Andrae’ Evans to serve for a three year term, which will expire on December 31, 2025; and NOW, THEREFORE, BE IT RESOLVED, that the Irondequoit Town Board approves the appointment of: Andrae’ Evans Planning Board – Alternate Term: April 26, 2022 to December 31, 2025 This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022 - __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD REAFFIRMING APPOINTMENTS TO THE HISTORIC PRESERVATION COMMISSION 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 26th day of April 2022, at 7:00 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, the Irondequoit Historic Preservation Commission (the “Commission”) serves the Town and oversees the roles and responsibilities set forth in Chapter 236 of the Town of Irondequoit Town Code; and WHEREAS, pursuant to Resolution 2021-050, the Town Board adopted a resolution reaffirming the appointments to the Historic Preservation Commission to terms expiring December 31, 2021; and WHEREAS, the Town Board of the Town of Irondequoit desires to reaffirm that the Commission's members are in good standing and will serve terms through the end of this year; and WHEREAS, the Commission has consisted of the Town Historian and the following appointed members: Christopher Brandt; Bruce Dumbauld; Mark Johns; Tom Knauf; Greg Walther; and Sarah Corona (collectively, the "Commission Membership"). NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit hereby reaffirms, and to the extent necessary reappoints, the Commission Membership through December 31, 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 Perticone voting _____ Town Board Member Freeman voting _____ Town Board Member Romeo voting _____ Town Supervisor Fitzpatrick voting _____ Resolution No. 2022- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING AN INTERFUND LOAN 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 26th Day of April 2022, at 7:00 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 to the Town Town Board Member ___________ offered the following resolution and moved its adoption: WHEREAS, due to the severely increased high-water level of Lake Ontario in the last few years, New York State has formed the Lake Ontario Resiliency and Economic Development Initiates and allocated funding to increase the resilience of several projects; and WHEREAS, the Town of Irondequoit has received grant awards from the Dormitory Authority of the State of New York (“DASNY”) to increase the resiliency of the Irondequoit Bay State Marine Park and the Culver Road Storm Sewers (the “Project”), and such awards are anticipated in the amounts of $2,670,000 and $500,000, for a total award of $3,170,000 (each award a “Grant,” and together, the “Grants”); and WHEREAS, work has commenced on the Project, necessitating interfund loans to account #399.7110.2013 until such time as the Grants are received; and WHEREAS, pursuant to Town Board resolutions 2020-288, 2020-247 and 2020-073, the Town Board has on three previous occasions authorized interfund loans to account #399.7110.2013 for the purposes of the Project; and WHEREAS, the Town will be reimbursed 95% of the Project cost by the State of New York via two Grant Disbursement Agreements with DASNY; and WHEREAS, the Grant Disbursement Agreements for the Project have not yet been executed and as such it is necessary to loan additional funds from the General Fund Balance, up to $1,500,000 into capital fund 399; and WHEREAS, once the Grant Disbursement Agreements are executed with the State of New York, the General Fund Balance will be made whole; and WHEREAS, the Project is advisable and in the best interests of the Town; and WHEREAS, it is advisable and in the best interest of the Town to fund the Project in part with Grant funding. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the additional interfund loan, up to $1,500,000. from the General Fund to capital fund 399. 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 Perticone voting_________________ Town Board Member Freeman voting_________________ Town Board Member Romeo voting_________________ Town Supervisor Fitzpatrick voting_________________ Resolution No. 2022- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SCHEDULING OF A PUBLIC HEARING PERTAINING TO THE ADOPTION OF THE IRONDEQUOIT 2022 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 26th day of April, 2022 at 7:00 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 to the Town Town Board Member ___________________ offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit is a Community Development entitlement community and, as such, receives an annual block grant from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the Town is expecting to receive a block grant from HUD for its 2022 Community Development Block Grant Program, which will begin August 1, 2022 and end on July 31, 2023, in the approximate amount of $906,128; and WHEREAS, the Town has prepared a Community Development Block Grant Program in anticipation of receiving HUD funding for its 2022 program year; and WHEREAS, the Town is required to hold a public hearing on this matter in compliance with program rules and regulations promulgated by HUD. NOW, THEREFORE, BE IT RESOLVED, that the Town Board schedules a public hearing at the regular meeting of May 17, 2022 at 7:35 pm in the matter of adoption of the Irondequoit 2022 Community Development Block Grant Program in the approximate amount of $906,128 for submittal by the Town Supervisor to HUD. 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_________________ Town Supervisor Fitzpatrick voting_________________ Resolution No. 2022- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING CAPITAL LEASE FINANCING AGREEMENT WITH JP MORGAN EQUIPMENT FINANCE FOR ONE INTERNATIONAL DUMP/PLOW TRUCK FOR THE BUREAU 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 26th day of April 2022, at 7:00 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, the Town of Irondequoit (the “Town”) is a New York municipal corporation duly organized pursuant to the Constitution and the laws of the State of New York; and WHEREAS, it is necessary to finance one (1) new 2022 International plow/dump 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 (the “Equipment”); 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, authorization to obtain financing from JP Morgan Equipment Finance for the Equipment was previously provided by Resolution 2022-102; and WHEREAS, the terms and conditions of the financing for the acquisition of the Equipment are set forth in that certain Tax Exempt Lease Purchase Agreement (New York) attached hereto and made a part hereof (the “Lease”), in the total principal amount of $231,297.16; and WHEREAS, in connection with the Lease, the Town is required to execute, deliver and perform its obligations under certain other documents and instruments to be executed and delivered by the Town in connection therewith (together with the Lease, the “Financing Documents”); and WHEREAS, the Town has taken the necessary steps, including those relating to any applicable bidding requirements, to acquire the Equipment and execute and deliver the Financing Documents; and WHEREAS, it is determined that the terms of the Lease in substantially the form presented to the Town Board at this meeting provide for level debt service payments for a period of five (5) years; and WHEREAS, pursuant to New York Local Finance Law § 11(a)(28), the Town has determined that the period of probable usefulness of the Equipment is equal to fifteen years; and WHEREAS, the Town Board finds that it is in the best interest of the Town to acquire the Equipment, enter into the Financing Documents, and perform the transactions contemplated therein. NOW, THEREFORE, BE IT RESOLVED: 1. That the Town Board authorizes the Town Supervisor to negotiate, enter into, execute and deliver the Lease in substantially the form presented to the Town Board with such changes thereto as he deems appropriate with the advice of counsel, which Lease is available for public inspection at the offices of the Town. 2. That the Town Board authorizes, approves and adopts the execution, delivery and performance by the Town of the Financing Documents and the consummation of all of the transactions contemplated thereby by and on behalf of the Town. 3. That the total principal amount of the Lease shall not exceed $231,297.16 and shall bear interest as set forth in the Lease; said Lease shall contain an option to purchase by the Town as therein set forth. 4. That the Town’s obligations under the Lease shall be expressly subject to annual appropriation by the Town; and such obligations under the Lease shall not constitute a general obligation of the Town or indebtedness of the Town within the meaning of the Constitution and laws of the State of New York. 5. That the Town Board authorizes, empowers and directs the Town Supervisor to take all further actions and to execute all further documents on behalf of the Town necessary, appropriate and advisable to effectuate and carry out the purposes of these resolutions and to cause compliance by the Town with all of the terms, covenants and provisions of the Financing Documents. 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_________________ Resolution No. 2022-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING ENTRY INTO NEW YORK STATE WORKERS’ COMPENSATION ALLIANCE 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 26th day of April, 2022, at 7:00 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, the New York State Municipal Workers’ Compensation Alliance (“Comp Alliance”) is a group self-insurance program, consisting of a network of municipalities that have joined together for the purpose of providing the workers’ compensation and employers’ liability coverages required by New York State Law; and WHEREAS, the Town wishes to join the Comp Alliance, which will allow it to pool its resources with other municipalities in New York State to obtain workers’ compensation coverage for its employees, lead to lower administrative costs, and provide for diligent claims management and loss control services specifically tailored to the unique risks faced by municipalities; and WHEREAS, the anticipated premiums to participate in the Comp Alliance are set forth on the document titled Premium by Job Allocation, and enclosed with this Resolution; and WHEREAS, there has been proposed a “NEW YORK STATE MUNICIPAL WORKERS’ COMPENSATION ALLIANCE PLAN DOCUMENT” pursuant to Section 50, subsection 3-a, of the Workers’ Compensation Law (hereinafter “the Plan”); and WHEREAS, the Town is eligible for membership in the Plan; and WHEREAS, the Town has made an independent investigation of the Plan and reviewed the Plan document, and has concluded that it would be in the interests of the Town to participate therein. NOW, THEREFORE, BE IT RESOLVED, that the Town hereby elects, pursuant to Subdivision 3-a of Section 50 of the Workers’ Compensation Law, to become a self- insurer as to Workers’ Compensation claims against the Town. AND, THEREFORE, BE IT FURTHER RESOLVED, that pursuant to Section 50, Subdivision 3-a, of said Workers’ Compensation Law, notice of such election shall be filed forthwith with the Chairman of the Workers' Compensation Board, Self-Insurance Section. AND, THEREFORE, BE IT FURTHER RESOLVED, that this election shall become effective on June 1, 2022. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board enters into membership in the Plan pursuant to Section 50, Subdivision 3-a, of the Workers’ Compensation Law. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Supervisor be and hereby is authorized and instructed to execute the Plan’s charter document on behalf of the Town. AND, THEREFORE, BE IT FURTHER RESOLVED, that custody of all joint Plan moneys by the Plan Administrator under the Plan be and the same hereby is approved. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Supervisor be and hereby is authorized and instructed to execute: (a) a letter on Town Letterhead expressing the Town’s interest in joining the New York State Municipal Workers’ Compensation Alliance effective June 1, 2022, in such form as annexed hereto; (b) the Member Participation Agreement, for the participation period June 1, 2022 through July 31, 2023, in such form annexed hereto; (c) the Plan’s charter document on behalf of the Town, in such form annexed hereto; and (d) all other documents required to join the Comp Alliance and Plan. This resolution shall take effect June 1st 2022. 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 __________ Town Supervisor Fitzpatrick voting __________ COMP 4 ALLIANCE New York State Municipal Workers' Compensation .Alliance Member Participation Agreement Member: Town of lrondequoit Agent: Paris Kirwan Associates Participation Period: 4/1/22-5/31/23 The New York State Municipal Workers' Compensation Alliance (Comp Alliance) is a group self-insurance program — a network of municipal employers that have joined together for the purpose of providing the workers' compensation and employers' liability coverages required by New York State Law. By participating in the Comp Alliance, you are pooling your resources with other municipalities in New York State to obtain workers' compensation coverage for your employees, leading to lower administrative costs, diligent claims management and loss control services specifically tailored to the unique risks faced by municipalities. As a member of the Comp Alliance, there are certain legal responsibilities that you must be aware of and which remain enforceable even in the event of withdrawal from the Comp Alliance. Please review this participation agreement carefully and contact the Comp Alliance with any questions. How Group Self -Insurance Works: Each member of the Comp Alliance makes an annual funding contribution that is used to pay for claims incurred during the year over the lifetime of the claim. To help ensure that the funding contributions remain fair, they are designed to reflect each member's projected ultimate costs of claims based on their loss experience and payroll. Funds that are not used to pay claims during the year are placed in reserve to pay the future costs of the claims. These future funds are invested so that the interest received can help offset the future costs of the claims. In the event that there are surplus funds after all future liabilities are determined, the excess may be used to offset future rates or be paid back to the member. Conversely, in the event that the funds are not sufficient to pay future liabilities, members may be called upon to pay a supplemental assessment. To protect against this possibility, the Comp Alliance makes every effort to accurately determine the future liabilities of the program to ensure that its assets are sufficient to pay its total liabilities. Joint and Several Liability Each member shall be responsible, jointly and severally, for all liabilities of the Plan under the Workers' Compensation Law and all rules and regulations enacted pursuant thereto incurred during its respective period of membership in the Comp Alliance. A supplemental assessment may be levied in the event that the Comp Alliance does not have sufficient assets to meet its anticipated liabilities. The Comp Alliance works diligently to protect against this possibility by ensuring the annual funding contribution collected from members is sufficient to meet its anticipated liabilities each year. It also strives to maintain a modest surplus that may be used to offset any assessment that is required. In the event that supplemental assessments shall ever be required for any given year, the assessments will be distributed equitably among members for that year in accordance with a plan adopted by the Board of Trustees. The proportionate share of the members funding contribution and ultimate loss for the year in question will be considered in distributing the assessment. Executive Director: Michael Kenneally 518-465-0128 Claims: Howard Bitner 516-750-9376 Member Services: Aaron Reader 866-697-7665 COMP 4 ALLIANCE P.fev: Y -ark State Murs cipc f Workers' Compensation Alliance A. Coverages Provided by the Comp Alliance Workers' Compensation Coverage: provides medical and indemnity (lost time) benefits to employees who are injured in the course of their employment with the municipality. Employers' Liability Coverage: provides coverage for third party actions that are brought against the municipalities arising out of an injury to a municipal employee that occurred in course of his or her employment. The Comp Alliance provides both Workers' Compensation Coverage and Employers' Liability Coverage pursuant to the New York State Workers' Compensation Law. ■ The Comp Alliance will pay the medical and indemnity benefits required of its members by the Workers' Compensation Law for injuries to employees that arise out of the employment of its employees. ■ The Comp Alliance will defend any claim or proceeding against its members for benefits payable under the Workers' Compensation Law. ■ The Comp Alliance will pay amounts that its members are obligated to pay to third parties that arise from an injury to an employee caused by an event that occurred in the course of this agreement (Employer Liability payments). The Comp Alliance will not pay any amounts that the employer is not obligated to pay under the Workers' Compensation Law, or the rules and regulations adopted pursuant thereto. This includes any payments, or portion thereof, that a member may make that are covered by other insurance that the member may maintain, or that the employer may extend to its employees. ■ The Comp Alliance will only make indemnity payments up to the amounts awarded by the Workers' Compensation Board. Any member who has in place a "full pay" or similar policy that grants a greater benefit to its employees will be solely liable for the difference between the amounts so paid and the amounts awarded by the Workers' Compensation Board. B. Member R ponsibilities The responsibilities of each member are set forth in detail in the Plan Document. Each member is responsible for knowing its obligations to the Comp Alliance. As a member of the Comp Alliance, you agree to accept and be bound by the terms, conditions and provisions of the Plan Document and Bylaws of the Comp Alliance, and by the New York State Workers' Compensation Law and the regulations promulgated pursuant thereto. Pursuant to the Plan Document, each member: • agrees to cooperate with the plan and furnish information necessary for the administration of the plan. ■ will timely pay all necessary funding contributions, supplemental assessments and NYS assessments. ■ will keep accurate records of all workers' compensation and employers' liability claims. ■ is responsible for the prompt reporting of the claims. • will timely and accurately report its quarterly payroll to the Comp Alliance for NYS assessments. • will assist the Comp Alliance with the reconciliation of payroll reported on form GA -4 each quarter. Executive Director: Michael Kenneally 518-465-0128 Claims: Howard Bitner 516-750-9376 Member Services: Aaron Reader 866-697-7665 COMP 4 ALLIANCE C. Services Provided by the Comp Alliance New York. Stcte Municipal Workers' Compensation Alliance The Comp Alliance is a full service, workers' compensation program that provides not only for the payment of claims, but a host of other services to help its members understand the workers' compensation law, their responsibilities, and how to minimize losses in the workplace. Among the services provided by the Comp Alliance are: Claims Administration. • Assist members with the implementation of an internal claims reporting system and, as necessary, train members' personnel to ensure the ongoing effectiveness of the reporting system. • Review and, as necessary, investigate all reported claims to determine compensability • Prepare and distribute checks for appropriate payment of medical, lost time benefits and expenses. • Monitor medical treatment and review all medical bills in an effort to minimize medical costs. • Pursue subrogation whenever it is reasonably anticipated that the Plan may be reimbursed for payments made. • Provide each member with loss run on quarterly basis, which shall include, at a minimum, the: file/claim number; date of accident; name and occupation of injured employee/claimant; description of accident; type of injury/body part; status of claim and classification/severity code; and total medical, indemnity and expense incurred, including payments plus outstanding reserves established by the Plan Manager. • Represent municipality before the workers' compensation board Loss Control Services • Loss control inspections to all of members on a regular, recurring basis • Distribution of information on the establishment and maintenance of safety committees • Development and training on best practice policies and procedures Member Services • Educate members on the changes to Workers' Compensation Law Interactive Website with information and resources on Workers' Compensation Law, municipal risk management, Online claims portal to allow members access to their claims information (in development). D. Purpose of Agreement: The purpose of this Participation Agreement ("the Agreement") is to set forth the respective responsibilities of the Comp Alliance and its members for the efficient and economical evaluation, processing, administration, defense and payment of claims for workers' compensation payments and employers' liability payments through self-insurance and otherwise. The rights and responsibilities set forth in this agreement shall at all times be subject to, and read in conjunction with, the rights, duties and responsibilities of set forth in the Plan Document, the New York State Workers' Compensation Law and all applicable rules, regulations and procedures promulgated by the Workers' Compensation Board of the State of New York. Executive Director: Michael Kenneally 518-465-0128 Claims: Howard Bitner Member Services: Aaron Reader 516-750-9376 866-697-7665 COMP 4 ALLIANCE 1� E. Assessments payable to the Workers' Compensation Board New York State Municipol WVarkers' Compensation Alliance All members are required to pay an assessment to the New York State Workers' Compensation Board to fund its administration and operations. Until such time as the Workers' Compensation Board implements a system of direct employer charges, the Comp Alliance is required to collect and pay this amount on behalf of its members. The assessment is charged on a quarterly basis, and is based upon the member's reported payroll for each quarter. This charge is separate from your funding contribution to the Comp Alliance, and an estimated, annual assessment fee is collected from each member with its yearly funding contribution. The collection of an estimated amount up front is necessary to comply with the strict payment schedule set by the Workers' Compensation Board and to help protect members from costly penalties resulting from late reporting and payment. The assessment that is charged by the Workers' Compensation Board each quarter is based upon the member's actual payroll for the quarter, as reported to the Comp Alliance on form GA -4. Since the actual payroll reported each quarter may deviate from the payroll used to estimate the member's annual assessment charge, the Comp Alliance will reconcile the assessment charges paid on your behalf with the amount that we have collected. The reconciliation will show whether the member's estimated assessment is adequate to cover the actual assessment. Where the amount collected (estimated assessment) is more than the actual amount paid out, the member will receive a credit towards the following year's estimated assessment. Where the amount collected is less than the actual amount paid out, the member will receive a debit on the following year's assessment. The payroll submitted by each member on form GA -4 will be reconciled against the payroll it submits to the NYS Department of Taxation and Finance by the Workers' Compensation Board each quarter. The Comp Alliance will receive this reconciliation and members will be called upon to assist the Comp Alliance in clarifying any discrepancies. The Comp Alliance will then submit a reconciliation report to the Workers' Compensation Board explaining any discrepancies along with a payment, if necessary, for the difference owed to the Workers' Compensation Board from the particular member's assessment funds. Members who withdraw from the Comp Alliance program remain responsible for any assessments due and owing to the Workers' Compensation Board for the period of time that they were a member. Members who withdraw from the Comp Alliance will receive any overpayments after the assessment for the last quarter of their membership has been paid. In witness whereof, the parties have executed this participation agreement intending to fully bound by its terms and conditions. Member: Town of Irondequoit Comp Alliance Date: Date: Octoberto 1, 2021 By: By: /,�.r rla ./ sx, ►�`G Name: Name: Michael Kenneally Title: Title: Executive Director Term: 4/1/22-5/31/23 Executive Director: Michael Kenneally 518-465-0128 Claims: Howard Bitner Member Services: Aaron Reader 516-750-9376 866-697-7665 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT Article I. Purpose a. Purpose: The purpose of the Plan is to provide for the efficient and economical evaluation, processing, administration, defense and payment of claims against Plan members for workers' compensation payments and employers' liability payments through self-insurance and otherwise; to effect cost savings insofar as may be possible in Plan members' expenses for such claims and services; to provide for centralized administration, funding, and disbursements for such services; and to provide for risk management to reduce future liability for workers' compensation payments and employers' liability payments. The Plan will function in compliance with the Workers' Compensation Law of the State of New York and all applicable rules, regulations and procedures promulgated by the Workers' Compensation Board of the State of New York. b. Fund Year: The Plan shall operate on a July 1 to June 30 fiscal year. The Plan shall continue from year to year until and unless terminated in the manner set forth herein. Article II. Definitions a. "Plan" or "the Comp Alliance" shall mean the New York State Municipal Workers' Compensation Alliance Plan for Workers' Compensation, as provided for herein or as may hereafter be provided for by amendment. b. "Municipal Corporation" shall have the meaning as defined in Sections 2 and 6-n of the General Municipal Law. c. "Plan member" or "member" shall mean a municipal corporation that has elected to join the New York State Municipal Workers' Compensation Alliance Plan for group self-insurance. d. "Board of Trustees" or "Trustees" means the body that shall act as the fiduciary for the benefit of the members and is ultimately responsible for the overall governance of the Plan. e. "Plan -member Trustee" means a member of the Board of Trustees that is a public officer of a member municipal corporation. f. "At -large trustee" means a member of the Board of Trustees who is not a Plan -member trustee. g. "Key agent" means any person, firm or corporation hired by the Board of Trustees to serve as the group administrator, third party administrator, accountant, auditor, investment manager or actuary of the Plan. h. "Group Administrator" means an individual or entity licensed by the Workers' Compensation Board pursuant to the Workers Compensation Law which is responsible for assisting the Comp Alliance with complying with the provisions of the Workers Compensation Law and the rules and regulations promulgated there under, and for the coordination of services, including, but not limited to, claims processing, insurance purchasing, loss control, legal, accounting and actuarial services. i. "Third Party Administrator" or "Claims Administrator" means an individual or entity licensed by the Workers' Compensation Board pursuant to the Workers' Compensation 1 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT Law which is responsible for the administration and defense of workers' compensation claims of members. J. "Workers' compensation payments" shall mean all payments which a Plan member may become obligated to make directly to, or for the benefit of, an employee of the Plan member by operation of the Workers' Compensation Law of the State of New York. k. "Employers' liability payments" shall mean all payments which a Plan member may become obligated to make to third -parties by reason of such third -parties' liability to an employee of a Plan member by reason of acts or events which also give rise to compensable claims under the Workers' Compensation Law of the State of New York. 1. "Opening fund balance" shall mean unspent moneys held by the Plan as of the first day of any fiscal year, but shall not include funds which have been reserved or otherwise set aside as against previously reported claims, whether or not formally asserted, for workers' compensation payments or employers' liability payments. m. "Plan Sponsor" shall mean the Association of Towns of the State of New York Article III. Trustees a. Number of Trustees: The Plan shall be governed in all respects by the Board of Trustees. The Board of Trustees shall consist of at least seven (7) trustees. A majority of trustees shall be public officers of Plan Members. No person who is a key agent shall serve on the Board of Trustees. b. Trustee Responsibilities: Trustees shall be responsible for the governance of the Plan, including oversight of all monies collected or disbursed by the Plan, engaging and coordinating any and all key agents, maintaining the integrity of the Plan's investments, and taking all necessary actions to ensure that the Plan complies with the Workers compensation Law and all applicable rules and regulations. The Board of Trustees shall cause a certified financial statement to be prepared at the end of each fiscal year by an independent certified public accountant approved by the Board of Trustees, which shall be furnished to all trustees and made available to all Plan Members. i. c. Trustees Held Harmless: No trustee or former trustee shall be liable to any other trustee or Plan member for actions taken in good faith and within the scope of such trustee's authority; and the Plan shall indemnify, save and hold harmless each trustee or former trustee from any liability arising from any claim, judgment, lawsuit, action or other proceeding, by virtue of their capacity as trustee or in connection with actions taken in good faith and within the scope of such trustee's authority, including reasonable and necessary attorneys' fees and disbursements incurred in connection therewith. d. Bylaws: Except as set forth herein, the operations of the Board of Trustees shall be governed by bylaws adopted by it, as amended from time to time. Article IV. Members a. Eligibility: Membership in the Plan is limited to municipal corporations. 2 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT b. Admission of New Members: Each prospective member of the Plan must execute a Participation Agreement for the group acknowledging that the member understands and agrees to the requirements, obligations and responsibilities associated with membership in the Plan, including, but not limited to joint and several liability and the obligation to pay all funding contributions, WCB assessments and supplemental assessments. The Participation Agreement shall take such form and contain such information as determined by the Board of Trustees. The Board of Trustees shall be under no obligation to admit new members to the Plan. c. Member Responsibilities: Members shall comply with all of the responsibilities set forth in the Plan Document and the Participation Agreement. Each member shall be responsible, jointly and severally, for all liabilities of the Plan under the Workers Compensation Law and all rules and regulations enacted pursuant thereto during its respective period of membership. d. Teens and Conditions of Membership: Municipal corporations, including school districts and boards of cooperative educational services, may be permitted to join the Plan at such times and on such terms as may be approved by a majority vote of the Board of Trustees; provided, however, that the Board of Trustees shall be under no obligation to admit new members to the Plan. The Board of Trustees may require applicants for Plan membership to furnish fiscal and loss information, to submit to examinations of their records and operations, and to bear the reasonable expense of such examination. All members must enter into a Participation Agreement, and it is is expressly understood and agreed by each Plan member that: i. each member understands and accepts that it is responsible pursuant to the Laws of the State of New York for workers' compensation payments to employees and for employers' liability payments to third -parties, and the existence of this Plan shall not relieve or displace any such liability; provided, however, that the Plan shall be liable to its members, and the members shall be liable to the Plan and each other, for the obligations set forth herein. ii. each member will appear before the Workers' Compensation Board, and before any other tribunal having jurisdiction over workers' compensation or employers' liability claims, in the name of the Plan and, further, that the Plan shall furnish representation as provided herein. iii. each member agrees that it will adhere to the requirements of the Plan, will cooperate in such inquiries and furnish such information as may be necessary or appropriate for Plan purposes, and will promptly pay such initial assessments, continuing assessments, and supplementary assessments, as may properly be made pursuant to the Plan. iv. each member consents that the Plan may, in its own name, commence such legal or equitable actions or proceedings in the Supreme Court of the State of New York or in any other competent tribunal having jurisdiction against any member to enforce the obligations of such member pursuant to the Plan. 3 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT v. as a condition precedent to membership to the Plan, each Plan member represents and warrants to the Plan and to every other member that it has in all respects the power and authority to participate in the Plan as a member; and that it has lawfully and properly taken all steps and performed all acts which may be required to participate in the Plan pursuant to the Plan itself and all applicable laws. vi. it is understood and agreed by each Plan member that the funding contributions received from each member will be commingled, and that funds received from one member may, in accordance with Plan criteria, be disbursed for the benefit of other members. vii. member obligations: All members shall be responsible for: 1. the prompt payment of all assessments; 2. the maintenance of accurate books and records with respect to workers' compensation and employers' liability claims; 3. the prompt furnishing of information regarding actual and anticipated workers' compensation and employers' liability claims, and with respect to matters likely to give rise to such claims; 4. cooperation with and facilitation of all reasonable inquiries which may be made by the Board of Trustees or Key Agents with respect to specific claims and with respect to loss experience in general; and 5. cooperation with all risk management and loss control programs which may be instituted by the Board of Trustees. viii. no municipal corporation, including school district or board of cooperative educational services, shall be admitted to plan membership until its governing body has adopted a resolution accepting the terms of this Plan Document and entered into a Participation Agreement. Sample enabling resolutions in the forms set forth in Appendices A & B hereto, or in such other forms as may from time to time be prescribed by the Board of Trustees. ix. Once admitted to plan membership, each member shall be obligated to cooperate in the administration of the plan and to perform all requirements of continuing membership set forth in the Participation Agreement. x. The Board of Trustees may decide to pay, compromise or contest any claim. A decision by the Board of Trustees to pay, compromise, or contest any claim shall be final and binding. Article V. Revocation and Termination of Membership a. Any member which fails to pay a required fund contribution, WCB assessment or supplemental assessment within 90 days after the date on which such fund contribution or supplemental assessment was payable will be deemed to have given notice of withdrawal from the Plan, effective at the end of the policy year following the 90 -day period. The withdrawal of a member for the failure to pay a required 4 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT funding contribution or supplemental assessment shall not relieve the member of any funding contribution or supplemental assessment due to the Plan for the full policy year. No forbearance with respect to any Plan member or any payment will be deemed to create a waiver with respect to subsequent defaults by the same or any other member. b. The Board of Trustees may terminate the membership of any Plan member with not less than 90 days notice, as follows: i. By majority vote, for failure to comply with any of the provisions of the Plan Document or Participation Agreement; or ii. By two-thirds vote, for any other reason. c. A plan member reserves the right to revoke this agreement upon sixty (60) days written notice to the Plan. The effective date of termination will be the end of the member's policy year following the sixtieth day from the mailing of such written notification. Any plan member who withdraws or is terminated pursuant to this paragraph from membership will assume sole responsibility as of the effective date of termination for all workers' compensation and employers' liability claims against it which relate to occurrences which take place after the termination date. As of such termination date, the withdrawing or terminated member shall cease to have any liability with respect to any occurrences which took place prior to the termination date regardless of when the claim is submitted, except that such withdrawing or terminated member shall be responsible for any supplemental assessment resulting from a plan shortfall for those claims which arose prior to the date of such termination or withdrawal, as set forth in Article VI of the Plan Document. d. It is expressly understood that any notice to revoke, notice to withdraw, or termination as set forth above shall in effect release the Plan and each of the remaining Plan members from any liability to the withdrawing or expelled member, except as expressly provided herein. Article VI. Fund Contributions and Supplemental Assessments a. Annual Fund Contribution: Upon joining the Comp Alliance, and in each year thereafter that the member remains in the plan, the member shall make a fund contribution in exchange for the coverage for workers' compensation payments and employers' liability payments provided by the Plan. Each members fund contribution shall reflect the: a) exposure and loss experience of the member; b) services to be rendered to the member; and c) any other equitable factor. The Board of Trustees reserves the right to adjust the annual fund contribution of any particular member in the event the initial fund contribution calculation was the result of a material error, omission or misstatement of loss data or any other information necessary to arrive at the appropriate funding level that is furnished by the member, its agents or representatives. b. Supplemental assessments: As set forth herein, the Board of Trustees may cause to be levied supplemental assessments against its members. Supplemental assessments shall be determined by the ratio that each individual members fund contribution bears to the 5 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT aggregate fund contribution for the plan fiscal year or years to which the supplemental assessment applies. The Board of Trustees may levy supplemental assessments in the following circumstances: i. upon winding up or termination of the plan; or ii. where there exists a deficiency in the overall funding of the plan, as determined by the audited financial statements for that year or years; or iii. where otherwise required by law. Members who leave the plan shall remain liable any such supplemental assessments levied for the years during which they were a member of the plan. Prior to levying a supplemental assessment, the Board of Trustees shall develop a plan to ensure that such supplemental assessments are charged in a fair and equitable manner, and shall give notice to members and former members of the plan as soon as practicable prior to levying such assessment. The failure to receive such notice shall not relieve the member or former member of their obligation to pay such supplemental assessment. Article VII. Administration a. The Board of Trustees shall at all times be responsible for the governance of the Plan. Day- to-day administration of the Plan shall be vested in such group administrators, third -party administrators and other key agents as determined by the Board of Trustees. The Board of Trustees may contract with a group administrator, third party administrator, and such other persons, firms or corporations as it deems necessary to perform the day-to-day administration of the Plan. b. The engagement of a Group Administrator and / or a Third -Party Administrator shall be effected by a written contract, approved by the Board of Trustees and Executed by the Chair. All such contracts shall be for a term not to exceed five years. Such contract(s) shall provide, at a minimum, for: i. investigation, processing and filing of claims with the Workers' Compensation Board; ii. representation, whether directly or through counsel, of Plan members before the Workers' Compensation Board and other appropriate administrative and judicial tribunals; iii. making recommendations for the payment or compromise of claims; iv. making recommendations for the procuring of insurance to effectuate the purposes and preserve the financial stability of the Plan; v. making recommendations with respect to the administrative and fiscal management of the Plan; vi. reviewing and making recommendations with respect to the funding of the Plan from year to year; vii. conducting surveys and studies with respect to individual Plan members and 6 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT otherwise, and making recommendations with respect to risk management and loss control programs; viii. evaluating new applicants for Plan membership and making recommendations with respect to such applications; ix. designing and implementing all necessary re -insurance and excess programs; and performing such other functions as may properly be delegated by the Board of Trustees. c. Such group administrator and / or third -party administrator shall be responsible for assisting the Plan by coordinating the services and management of the Plan's affairs, determining and collection of annual fund contributions and supplemental assessments, loss -control, independent medical examinations, claims processing, legal, accounting and bookkeeping services. d. Notwithstanding paragraphs a -c of this section, the Board of Trustees may hire and employ such key agents and employees as they deem necessary for the efficient and effective administration of the Plan. e. Plan Sponsor: The plan sponsor shall serve as custodian of the funds of the Plan, and at all times have custody of the Plan's funds. The plan sponsor shall: i. maintain a separate fund for workers' compensation and, if authorized by the Board of Trustees and shall maintain separate workers' compensation reserve funds. ii. be bonded in an appropriate amount as approved by the Board of Trustees. iii. maintain complete and accurate books of account for all funds in its custody in accordance with generally accepted accounting principles applicable to public bodies in general and Municipal corporations in particular. iv. invest any Plan funds' not needed for current operating expenses in accordance with the investment policy adopted by the Board of Trustees. v. designate a depository for the Plan, which will be reviewed from time to time by the Board of Trustees. vi. undertake to accomplish those tasks or assignments received from the Board of Trustees as they relate to the administration or implementation of the Plan. vii. report to the Board of Trustees with respect to the source and application of funds. f. The Plan shall indemnify, save and hold harmless the Plan Sponsor from any liability arising from any claim, lawsuit, action or other proceeding, in connection with actions taken in good faith and within the scope of the plan sponsor's authority, including reasonable and necessary attorneys' fees and disbursements incurred in connection therewith. Article VIII. Investments a. The Board of Trustees shall contract with an investment manager for the investment of funds not needed for current operating expenses in accordance with the investment policy 7 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT established by the Board of Trustees. The investment policy shall be formally approved and adopted by the Board of Trustees of the Comp Alliance and reviewed annually by the audit and finance committee or it successor, on an annual basis. All amendments to the policy shall be effective upon adoption by the Board of Trustees by resolution. b. The Comp Alliance's investment program will consistent with its overall financial needs and results in the prudent management of invested funds, the availability of operating funds when ended to pay claims, operating and administrative expenses, and to provide an acceptable market -based investment return. The Comp Alliance investment program shall be operated in conformance with all applicable federal and state laws and regulations, and in accordance with the Plan Document. c. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the Comp Alliance. The "prudent investor" standard of care shall apply to the management of the Comp Alliance portfolio. d. The audit and finance committee shall, in advance of the regularly scheduled board meeting, meet with the investment manager, and report to the board on the investments of the Plan. Article IX. Amendment And Termination Of Plan a. The Plan may be amended by a two-thirds vote of the Board of Trustees. Copies of amendments will be filed with the Workers' Compensation Board. b. The Plan may be terminated by a two-thirds vote of the Board of Trustees, effective at the end of the then -current fiscal year; provided, however, that the Plan shall remain in existence for the winding up of its affairs as provided in this Article. c. In the event that the Plan be terminated, the Board of Trustees shall, no later than the effective date of termination, cause to be prepared a dissolution plan that includes schedules of the Plan's assets and the Plan's current and future liabilities, including all liquidated, contingent and disputed liabilities. The Plan's liabilities shall not include any obligation for workers' compensation or employers' liability claims against Plan members, except for those by members that have arisen prior to the termination date of Plan. d. The dissolution plan shall provide for: 1. the payment of all current and acknowledged liabilities; 2. the establishment a reserve fund for the payment of all future and contingent liabilities, as such liabilities are determined by the plan's actuary; 3. the administration and run-off of future and contingent liabilities; 8 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT 4. the return to members of any funds deemed to be in excess of those necessary to run off future and contingent liabilities within a reasonable period of time. The return of funds to members shall be subject to a finding by the Workers' Compensation Board that, with the understanding that such funds are to be returned to the public fisc of the member, such excess amounts are not necessary for the payment of future or contingent liabilities; 5. the levying of a special assessment in the event the Plan's assets are insufficient to pay all of the Plan's current and future liabilities. e. Supplemental assessments levied against, or distribution of surplus funds to, Comp Alliance members as a result of the dissolution of the Plan shall be determined in a fair and equitable manner and may consider each members longevity with the Comp Alliance, its proportionate share of funding contributions and its proportionate share of liabilities. f Funds in excess of what is necessary to pay for the liabilities of the plan shall be returned to members within a reasonable period of time following the dissolution of the Plan, subject to: 1. a determination by the Workers' Compensation Board that such funds are no longer necessary to pay for the liabilities of the Plan; 2. each then -current Plan member executing a release in suitable form relieving the Plan, and each other then -current member from any liability arising from the Plan. Article X. Reformation & Supervening Law To the extent that any provision of the Plan be determined by a court of competent jurisdiction to be invalid in whole or in part under existing or hereafter -enacted law, the remaining provisions of this instrument shall remain in full force and effect, and any disputed provision shall, to the extent possible, be interpreted in such manner as to conform to applicable legal requirements. In the event that the Board of Trustees determines that the complete or partial invalidity of any provision of this instrument would materially prevent or impede the accomplishment of the essential purposes of the Plan, then the Plan shall be terminated in accordance with the Plan. 9 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT APPENDIX A WHEREAS there has been proposed a "NEW YORK STATE MUNICIPAL WORKERS' COMPENSATION ALLIANCE PLAN DOCUMENT" pursuant to Section 50 3-a of the Workers' Compensation Law (hereinafter "the Plan"); and WHEREAS the (Municipality) is eligible for membership in the Plan; and WHEREAS the (Municipality) has made an independent investigation of the Plan and reviewed the Plan document, and has concluded that it would be in the interests of the (Municipality) to participate therein; now, therefore, be it RESOLVED that the (Municipality) enter into membership in the Plan pursuant to Section 50 Subdivision 3-a of the Workers' Compensation Law; and he it further RESOLVED, that (Signature Authority) be and hereby is authorized and instructed to execute the Plan's charter document on behalf of the (Municipality); and be it further RESOLVED, that the custody of all joint Plan moneys by the Plan Administrator under the Plan be and the same hereby is approved. A MOTION was made by (Name) and seconded by (Name) to adopt the above resolution by the (Governing Board) of the (Municipality) at its (Date) meeting. S E A L (signature) (name/title) (date) 10 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT APPENDIX B EXTRACT OF MINUTES The following is an exact copy of a portion of the Minutes of the (Governing Board) meeting dated (Date) . "WORKERS' COMPENSATION - SELF INSURANCE" "A MOTION was made by (Name) and seconded by (Name) to adopt the following resolution: "RESOLVED, that the (Municipality) hereby elects, pursuant to Subdivision 3-a of Section 50 of the Workers' Compensation Law, to become a self -insurer as to Workers' Compensation claims against this Municipality; and be it further "RESOLVED, that pursuant to Section 50 Subdivision 3-a of said Workers' Compensation Law, notice of such election shall be filed forthwith with the Chairman of the Workers' Compensation Board, Self -Insurance Section; and be it further "RESOLVED, that this election shall become effective on (Date) . "MOTION carried". S E A L (signature) (name/title) (date) 11 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT APPENDIX C (To BE TYPED ON MUNICIPALITY LETTERHEAD) (SEND REGISTERED MALL RETURN RECEIPT) TO: Present Insurance Carrier RE: Name of Municipality Policy No. Policy No. -for Volunteer Fire Fighters (if different from above, if applicable) Policy No. -for Volunteer Ambulance Corps (if different from above, if applicable) Sir or Madam: This letter is to advise you that the (Name of Municipality) has elected to become self -insured, effective (Effective Date), in accordance with Subdivision 3-a of Section 50 of the Workers' Compensation Law. Notice is hereby given of this Municipality's intention to cancel the subject policy with (Name of Insurance Carrier) as of (Effective Date) . This notice is timely in accordance with the notice of cancellation requirement. We wish to thank you for your efforts and services during the term of this policy. Very truly yours, (Please send us a copy of this letter when mailed.) 12 COMP,.. ALLIANCE Town of Irondequoit 4/1/2022-5/31/2023 Premium by Job Allocation Class Code Description Annual Pa roll Annual Premium 106 Tree Pruning, Spraying, Repairing 251 Irrigation Works Operation 5506 Street or Road Construction 5507 Street or Road Const/Subsurface Work 7520 Waterworks Operation 7580 Sewege Disposal Plant 7590 Garbage Works 7720 Police Officers & Drivers 8391 Auto Gasoline Station 8394 Auto -Bus -Livery - All other emp 8810 Clerical Office Employees 8831 Hospitals - Veterinary 8838 Public Library or Museum 9026 Building Operation - Commercial 9063 YMCA - All Employees & Clerical 9101 College: All Other Employees 9102 Parks noc - All Employees & Drivers 9220 Cemetary Operations & Drivers 9402 Street Cleaning & Drivers 9410 Municipal Township noc 9501 Painting: Shop Only & Drivers $116,163 $292,144 $57,123 $75,244 $225,270 $1,508,103 $120,957 $5,500,861 $323,819 $116,736 $3,173,146 $40,506 $1,035,354 $152,166 $90,529 $191,869 $962,779 $75,512 $12,000 $530,732 $59,502 $6,748.02 $38,864.24 $7,492.81 $5,852.55 $12,975.80 $57,764.52 $9,751.79 $190,221.12 $9,231.00 $5,729.22 $3,730.14 $448.39 $6,186.89 $6,230.85 $860.23 $5,375.56 $28,388.77 $5,155.88 $605.40 $38,525.37 $1,142.46 $441,281.00 Additional Exposures if Applicable Volunteer Fire Fighters Exposure $0 Volunteer Ambulance Exposure $0 Pro -Rated Funding Adjustment (4/1/2022-5/31/2022) $73,713 Total Funding Contribution $514,994 This does not include the annual NYS Assessment. You will be invoiced separately for the estimated annual assessment: $27,664 Please be advised that the payroll used in this quote was extracted from your most recent budget, please review for accuracy. If there are any discrepancies, contact our office immediately. Term Stability. I Serv ice. Long Comp Alliance A not -for-profit group self -insured workers' compensation program designed for municipalities in New York State. The Alliance is sponsored and fiscally overseen by the Association of Towns of the State of New York (AOT) and the New York State Conference of Mayors (NYCOM). The program strives to provide stable annual funding for its members. This is achieved by helping to create safe workplaces with consultative risk management and expeditous claim handling. Advantages of Membership Stable, affordable funding contributions reflect four consecutive years of rate reductions. Multi -year fixed cost options Loyalty Award checks issued to members the past three years Safe Workplace Award incentives employee safety No payroll audits Flexible training options and resources Program Sponsors Vince 1994 CAM Program Administrator i RIGI UT For more information or a quote please contact Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org COMP '_ ALLIANCE Workers' Compensation Program for New York State Public Schools The Comp Alliance is a not -for-profit, tax exempt, group self - insured workers' compensation program designed exclusively to meet the needs of New York State public entities. Helping schools minimize insurance costs while providing exceptional service. In the current environment in New York State, schools need to look at their costs and make sure they are getting the best option possible for their money. The Comp Alliance is a proven program in New York State that has helped public entities control their workers' compensation costs for 28 years. Some of the benefits of the Comp Alliance include: • Funding Stability - Yearly average program wide rate decrese each of the past 4 years. while NYS base rates continue to increase. • Multi -year fixed cost options now available to further help with the budget process. • Safe Workplace Award - rewards Comp Alliance members for their positive contributions to the Program. After the end of the policy period, current members' losses during the prior policy year will be evaluated. Members with excellent loss -experience during the previous policy year will be eligible for a monetary award. Subject to annual appropriation by the Board of Trustees • More than 325 public entities participating across New York State. The program has a current surplus of more than 566 million which will figure into future funding determinations. • No year end premium payroll audit... helps with the budget process. • Personal Services - We are a program specializing in NYS public entity workers' compensation. We provide accident reduction through pro -active hands on loss control services and risk management training, and provide experienced and dedicated claims handling, underwriting, and member services. od J'ince 19 For more information of a workers' compensation quote please contact Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areadercLi7wrightinsurance.com www.compalliance.org Workers' Comp Claim Reporting Portal The Comp Alliance is excited to introduce a new claim reporting portal which provides program members with access to the ATS System allowing users to: Enter first report of injury (FROI) Print the New York Workers' Compensation Board Employer's First Report of Work -Related Injury/Illness (C2 -F) — a copy will be emailed to the user upon submission of the claim Upload additional supporting documentation to the claim Instantly receive a claim number Access the following: • Basic claim data • Claim reports • Transactions • Pay history and reports • Claim reserves • Claim notes Comp Alliance members can receive login credentials, more information and access instructions by contacting us today! .,Vince 1994 Howard Bitner, Claims Account Manager Phone: 516-750-9376 E-mail: hbitner@wrightinsurance.corn www.compalliance.org Group Workers' Compensation Program Dedicated to Serving the Needs of NYS Municipal Entities No Year End Premium Payroll Audits What does this mean? It means that the Comp Alliance will not add additional increases to your annual contribution based on an audit of your payrolls. This year-end premium payroll audit allows other workers' compensation programs to originally appear to have a lower premium. Once the insurance term is complete, these programs perform a payroll audit. Any additional premium due from changes in payroll would likely lead to funds from the current budget term being required to pay for insurance costs from a prior budget. Be careful, some companies are saying they will not perform a payroll audit to try to match our program to entice you to join them, but their promise is only temporary, and when they finally audit your program, it will then make an impact. Also, you may ask, do you do this for everyone, or on just certain occasions? The Association of Towns of New York State and the New York State Conference of Mayors is very happy to have brought this very important feature to its membership. It had always been a thorn in the side of the supervisors, mayors, and finance people who had to try to allow for this additional premium somewhere in the budget process, not knowing how much it would be. It conveniently removes the guesswork from budgeting your yearly workers' compensation costs. Call now and find out why No Payroll Audits is only one of the reasons to join! Since 1994 Contact Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org COMP li, ALLIANCE �� Jr J Sri • traditional • established f ir J��r� • stability • piece of mind • cost predictability = ease of budgeting STABILITY Flexible Options ! r PJ�irj • longer term cost predictability = stability limited eligibility (speak to Comp Alliance Rep.) As Easy as 1, 2, 3 Introducing - Member's Choice, providing Comp Alliance members with flexible options and the opportunity to design a plan term that is tailored to your needs! 1 year membership: 2 year membership: 3 year membership: Member joins the Comp Alliance for 12 months. Funding contribution is based on rates, loss experience and projected payroll for the 12 month period of membership. Most common, traditional option. No payroll audit. Member joins the Comp Alliance for 24 months. Funding contribution is based on rates, loss experience and projected payroll for the 24 month period of membership. Provides multi -year stability and predictability. No payroll audit. Member joins the Comp Alliance for 36 months. Funding contribution is based on rates, loss experience and projected payroll for the 36 month period of membership. Provides multi -year stability and predictability. No payroll audit. Eligibility is limited, so please contact a Comp Alliance marketing representative for additional details. Program Sponsors Vince 1994' 10. For more information or to explore any of these great options, please contact us today! Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org COMPAALLIANCE Dedicated to Serving the Workers' Compensation Needs of NYS Municipal Entities for More Than 25 Years Top 10 Reasons to Join the New York State Municipal Workers' Compensation Alliance Making the correct decision for your municipalty for your workers' compensation coverage is an important obligation where financial stability and security is essential. With these goals in mind, we would like to encourage you to consider the New York State Municipal Workers' Compensation Alliance (Comp Alliance). The Comp Alliance, founded by the Association of Towns of the State of New York (AOT) in 1994, is a not - for -profit group self -insured workers' compensation program, designed specifically and solely for public entities in New York State. Its main purpose is to provide stability in the funding process for the public entities that has been historically unpredictable. The New York State Conference of Mayors (NYCOM) also joined as co-sponsor in 2014. Experience the difference with the proper oversight of the Plan Administrator of AOT and NYCOM; and the Plan Manager, Wright Risk Management. THE TOP 10 REASONS TO JOIN THE COMP ALLIANCE: 1. Security - AOT and NYCOM provide sponsorship and fiscal oversight for long term stability and proper checks and balances. ($66 million surplus as of most recent financial report) 2. NO year-end premium payroll audits - NO surprises! 3. Safe Workplace Award - rewards Comp Alliance members for positive contributions to the program. 4. More than 325 public entities participating across NYS 5. Retention - 97% average yearly retention since inception in 1994 6. NO "tail" of claims - NO future payments on current claims 7. Coverage for municipal volunteers, at no additional cost! 8. On -site regional training and on-line member exclusive safety resource center 9. Aggressive claims management services, online claim reporting portal & pro -active loss control services 10. Stable Funding - average yearly rate change flat past 5 years, rate reductions in 2019 and 2020. Multi- year fixed cost options now available to further help with budget stability Since 1994' For more information or a quote Contact Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org 11. COMP mit ALLIANCE 19.94 6 Helping Members Minimize Their Claims Costs for 28 Years... Our 12 Step Process Includes: 1. Enter the claim into our system, assign a claim number, and send an acknowledgement form to the employer and injured employee advising of the claim number & the name and phone number of the assigned adjuster 2. If the claim involves lost time from work, we Investigate the circumstances of the claim by calling the claimant and the employer. We confirm the information provided on the claim form and determine if there are any issues that may be affecting the claimant's ability to return to work. (This may include arranging for signed statements to be taken from witnesses, if it appears the injury may not be compensable under the Act.) 3. Contact the claimant's treating physician to determine the diagnosis & prognosis of the injury and determine if there are outstanding authorization requests we may need to respond to 4.. File the necessary forms with the Workers' Compensation Board (WCB) identifying the member/employer and us as the handling TPA on the claim_ These forms provide a quick status of the claim to the WCB_ 5. Send blank WCB forms which require employer completion (C11, C240, C107) to our member contact 6. Arrange Independent Medical Exams where there is a question of a necessity of surgery, a question of causal relationship of a new body part to the original injury, to verify whether the claimant is disabled or able to return to work, and/or to address the issue of permanency. 7. Process & pay medical and pharmacy bills as well as awards of compensation for lost work time & permanency 8. Arrange for attorney representation at WCB hearings & direct the filing of appeals 9. Negotiate settlement of claims that reach permanency 10. Assign investigators to perform surveillance and activity checks at appropriate intervals on claimants who are missing work Recover funds through subrogation and Second Injury Fund cases 12. Ensure that the employer is complying with all NY State laws and programs (HCRA assessments, Medicare reporting, etc_) regarding workers' compensation Is your current provider placing this much emphasis on claims handling? If not, they aren't doing all they can to help you minimize your costs! Contact us to see how we can help. Howard Bitner - Account Manager, Comp Alliance Email: hbitner@wrightinsurance.com Phone: (516) 750-9376 www.compalliance.org AOT Safe Workplace Award The Comp Alliance's Safe Workplace Award Program rewards Comp Alliance members for their positive contributions to the Comp Alliance. The way it works is simple: After the end of the policy period, current members' losses during the prior policy year will be evaluated. Members with excellent loss -experience during the previous policy year will be eligible for a monetary award. The Safe Workplace Award is disbursed based on renewal date with disbursements made each of the past two years to qualifying members for loss performance during the 2019 and 2020 plan year. As we are always careful not to compromise the fiscal integrity of the Comp Alliance, Safe Workplace Awards are subject to annual appropriation by the Comp Alliance Board of Trustees based on an annual review of its financial condition, and are not guaranteed. The Safe Workplace Award Program benefits Comp Alliance members by providing a monetary incentive for members to take a pro -active approach to maintaining safe workplaces and prevent injuries. Members who qualify for the awards will not only receive a direct benefit through the award, but will also stand to benefit from the improvement in their loss experience and reduced rates expected to result from fewer losses. The Comp Alliance is a group public entity * workers' compensation program sponsored by ,Since 1994 For more information on this new award, please contact us today! Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org Strice 1994 •'4. :eP Risk Management Services We do more than just pay claims. The Risk Control Specialists at the Comp Alliance will work with you to develop long-term solutions to reduce your workers' compensation exposure. In more than 25 years, the program has had over a 97% member retention rate - a testament to the exceptional, on -staff risk management employees dedicated to the Comp Alliance. These Risk Management Member Services Include: 1 On -Site Risk Management Evaluations - Interview Key Personnel and Dept. Heads - Loss/Claims Review - Inspections of Main Facilities - Personalized Recommendations for Improved Safety 2. Ongoing Consultative Service Visits - Safety Committee Development/Participation - Board Meeting/Dept. Head Meeting Participation 3. Loss Control Service Tools - Onsite and Online Safety Awareness Training - Safety Webinars - Regional Safety Awareness Seminars - Accident/Employee Injury Review Training 4. WCA Safety Training (Zoom Training) - Slip/Fall Prevention - Personal Protective Equipment - Hazard Communication/Right to Know - Lockout Tagout - Bloodborne Pathogen - Chainsaw Safety - Excavation/Trenching Safety - Driver Safety - Workplace Violence Prevention - Confined Space Awareness 5. Other Services - Online Member Safety Resource Center - Safety Bulletins and E -News - High Exp. Mod. Review and Consultation For more information on how we can help you personalize your safety program and help control your workers' compensation costs please contact Aaron Reader, Director of Client Services Phone: 866-697-7665 E-mail: areader©wrightinsurance.com www_compalliance.org V AO`l WRIGHT Risk Manazemenl Comp Alliance Exclusive Online Safety Resource and Training Center Course 13 - Safe Lifting Eat k. ',Nunes affect mote than 10 md111en Anterdtant and ale eh4 ieamnp ent 5e of du5ebUt y fa people nge_r rg to 45 In addrtron. beck rive lea ate the eecortd mom common cavae Of 1051 nwk DM! . Title t0(Ntax w111 hero identify the cOfnm0n causes Of bank •eitthes and oafelii1lnp techn.q-es t0 socket 1n the %Neve It on of those .n}4,nerr Group Workers' Compensation Program Dedicated to Serving the Needs of NYS Municipal Entities Q ....fc.. 444* COW _ f... Al L ACADEMY; v. Course 14- Slip, Trip, and Fall Prevention $iIp5. 1tips end lake ete In The toe five CeUceo of work 1110151 01ATHa 11'-5 .n,vl kph They ale 0100 01Mn551 The top ceuoec of I$f}lies tedervero In temp sway from 54515 i'hlo 10015dt will review 1151 cevaer.. of Mlpe. Theo and falls ea well ea kdenllfylny and nnplenlentreo tont1013 TO plerent 0)011115 Through the Comp Academy the following resources are now available: itir Training courses that include safety flyers, posters, presentations, quizzes and completion certificates on a variety of topics ' Safety culture tool box talks • Expanded library of safety training videos $ Pre-recorded webinars on safety topics that can be viewed on demand 4T Videos of state mandated public employee training topics (workplace violence, bloodborne pathogen, right -to -know, and HAZWOPER) # Access to Safety Source video library with over 850 safety training videos. The Comp Academy online safety resource center is just one more way that the Comp Alliance helps members reduce their risk exposure and control their workers' compensation costs. Register today by visiting www.compalliance.org and clicking on Members in the top right corner Vince /994 Contact Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org Safety Training Videos The Comp Alliance is excited to introduce a new partnership with Safety Source providing program members a library of more than 850 safety training videos. The videos are effective and easy to understand and designed to enhance or supplement your in house safety initiatives and training programs. Safety Source's video library enhances the offerings currently provided through the Comp Alliance Academy. The following are examples of some of the additional topics from Safety Source: Chain Saw Safety Bucket and Dump Truck Operation Fire Extinguisher Training Q �< ACADEMY Reasonable Suspicion Emergency Preparedness and Response Confined Space Entry Routinely the Comp Alliance notifies members about especially effective or popular titles, so they might be utilized promptly and routinely, to easily complement your own training programs. To register for access and begin utilizing this diverse video library please send your registration request to sroes@wrightinsurance.com 33, 1994 r 5 th Anniversar 2019 To receive login information and access instructions please contact us today! Shawn Roes, Regional Marketing and Technology Manager Phone: 315-506-5133 E-mail: sroes@wrightinsurance.com www.compalliance.org Loss Control Training Presentation Tools Bloodborne Pathogens Chainsaw Safety Confined Space Entry Driver Safety • Bus Driver Injury Prevention • Defensive Driver Training • Distracted Driving • Driver Safety Awareness • Van Driver Safety • 15 Passenger Vans • Safe Driving Techniques • Seat Belt Safety (Fire Dept) Electrical Safety (OSHA) Ergonomics • Back Safety • Safe Lifting • Musculoskeletal Disorders (Fire Dept) Excavation Safety Fall Protection • Fall Protection (Fire Dept) Since 1994 Group Workers' Compensation Program Dedicated to Serving the Needs of NYS Municipal Entities Hazard Communication • Right -to -Know • Global Harmonization Hazardous Energy Control Hazard Recognition Ladder Safety Lockout Tag -out • LOTO (Fire Dept) Personal Protective Equipment PESH Scaffolds Sexual Harassment Slip Fall/Ladder Safety Stress in the Workplace Sun Safety Wood Chipper Safety Workplace Violence • WPV Refresher • Train -the -Trainer • Teen Worker Contact Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org COMP 4 ALLIANCE Ckyjni-e 1994111 Albany Village of Altamont Town of Guilderland Village of Menands Village of Ravena Town of Rensselaerville Town of Westerlo Allegany Town of Birdsall Broome Binghamton Johnson City Joint Sewage Board City of Binghamton Colesville-Harpursville CSD Maine Endwell CSD Town of Dickinson Town of Fenton Village of Endicott Village of Johnson City Windsor CSD Cattaraugus Town of Allegany Town of Conewango Town of Freedom Town of Humphrey Town of Salamanca Town of South Valley Cayuga Cayuga County Cayuga County VFD Cayuga County Soil and Water Cayuga County Water and Sewer Authority City of Auburn Southern Cayuga CSD Town of Aurelius Town of Brutus Town of Cato Town of Conquest Town of Fleming Town of Genoa Town of Ira Town of Ledyard Town of Locke Town of Mentz Membership Listing Cayuga (Continued) Town of Montezuma Town of Moravia Town of Niles Town of Owasco Town of Scipio Town of Sempronius Town of Sennett Town of Springport Town of Sterling Town of Throop Town of Venice Town of Victory Village of Aurora Village of Cato Village of Cayuga Village of Fair Haven Village of Meridian Village of Moravia Village of Port Byron Village of Union Springs Village of Weedsport Weedsport CSD Chemung Town of Ashland Town of Baldwin Town of Catlin Town of Erin Town of Horseheads Town of Southport Town of Veteran Village of Millport Chenango Norwich City School District Otselic Valley CSD Clinton City of Plattsburgh Mooers VFD Town of Altona Town of Beekmantown Town of Black Brook Town of Chazy Town of Clinton Town of Dannemora Town of Ellenburg Town of Mooers by County (Jan 2022) Clinton (Continued) Town of Peru Town of Saranac Village of Dannemora Village of Rouses Point Cortland Cortland County Soil and Water Town of Truxton Village of Homer Delaware Walton CSD Dutchess JH Ketchum Hose Company Town of Beekman Town of Dover Town of East Fishkill Town of Hyde Park Town of LaGrange Town of North East Town of Pine Plains Town of Pleasant Valley Town of Red Hook Town of Rhinebeck Town of Union Vale Village of Fishkill Village of Millerton Village of Rhinebeck Village of Tivoli Erie Lackawanna CSD Town of Aurora Town of Boston Town of Brant Town of Colden Town of Concord Town of Eden Town of Newstead Town of Wales Village of Akron Village of Blasdell Village of Depew Village of Farnham Village of Kenmore Village of Lancaster Erie (Continued) Village of North Collins Village of Williamsville Greene Town of Ashland Town of Halcott Town of Lexington Town of Windham Village of Tannersville Hamilton Lake Pleasant CSD Piseco Common SD Town of Morehouse Village of Speculator Herkimer City of Little Falls East Canada Creek VFD East Herkimer VFD Newport Joint FD Town of Columbia Town of Danube Town of Fairfield Town of Frankfort Town of German Flatts Town of Herkimer Town of Litchfield Town of Little Falls Town of Manheim Town of Norway Town of Ohio Town of Russia Town of Salisbury Town of Schuyler Town of Stark Town of Webb Town of Winfield Village of Dolgeville Village of Frankfort Village of Herkimer Village of Ilion Village of Middleville Village of Newport Village of Poland Village of West Winfield Jefferson Village of Ellisburg Village of Mannsville Madison Town of Eaton Town of Nelson Monroe Town of Brighton Town of Penfield Town of Rush Town of Wheatland Village of Webster Montgomery Village of Nelliston Nassau City of Long Beach Roslyn Water District Sanitation District No. 7 Village of Baxter Estates Village of East Williston Village of Floral Park Village of Garden City Village of Great Neck Plaza Village of Malverne Village of Mineola Village of New Hyde Park Village of Old Westbury Village of Plandome Village of Westbury West Hempstead UFSD Niagara Town of Somerset Oneida Town of Kirkland Town of Westmoreland Village of Holland Patent Onondaga Town of Fabius Town of La Fayette Town of Marcellus Town of Otisco Town of Salina Town of Skaneateles Town of Spafford Town of Tully Village of Camillus Village of East Syracuse Onondaga (Continued} Village of Jordan Village of Liverpool Village of Manlius Village of Marcellus Village of Minoa Town of Pompey Village of Solvay Village of Tully Orange City of Newburgh Town of Cornwall Town of Goshen Town of Hamptonburgh Town of Highlands Town of Monroe Town of Mount Hope Town of New Windsor Town of Palm Tree Town of Wallkill Town of Warwick Village of Florida Village of Goshen Village of Highland Falls Village of Kiryas Joel Village of Maybrook Village of Monroe Village of Montgomery Village of Warwick Village of Washingtonville Oswego Village of Phoenix Putnam Carmel Fire District Town of Patterson Town of Southeast Village of Cold Spring Rensselaer City of Rensselaer East Schodack VFD #1 Raymertown Fire District Town of Berlin Town of Brunswick Town of Hoosic Rockland Town of Stony Point Village of Chestnut Ridge Village of Haverstraw Village of Hillburn Rockland (Continued} Village of Hillburn VFD Village of Nyack Village of Piermont Village of Pomona Village of Sloatsburg Village of Spring Valley Village of Upper Nyack Village of Wesley Hills Village of West Haverstraw West Haverstraw VFD Schenectady Town of Niskayuna Town of Princetown Town of Rotterdam Village of Delanson Schoharie Town of Blenheim Town of Broome Town of Cobleskill Town of Conesville Town of Esperance Town of Fulton Town of Gilboa Town of Summit Village of Cobleskill Village of Richmondville Village of Schoharie Schuyler Town of Cayuta Town of Orange Town of Tyrone Village of Watkins Glen Seneca Town of Ovid St. Lawrence Town of Piercefield Steuben City of Corning Town of Bath Town of Cohocton Town of Corning Town of Erwin Town of Erwin Urban Town of Rathbone Town of Wayne Village of Riverside Village of South Corning Suffolk Center Moriches UFSD Town of Babylon Town of Smithtown Town of Southampton Town of Southold Village of Amityville Village of Lindenhurst Village of North Haven Village of Northport Village of Ocean Beach Village of Patchogue Village of Port Jefferson Village of Sag Harbor Village of Saltaire Village of Westhampton Beach Tioga Owego Apalachin CSD Spencer Van Etten CSD Town of Owego FD Waverly CSD Tompkins Town of Caroline Town of Dryden Town of Enfield Town of Ulysses Village of Freeville Village of Lansing Wayne Wayne County Water and Sewer Westchester Rye Town Park Comm. Town of Bedford Town of Greenburg Town of North Castle Town of Ossining Town of Pound Ridge Town of Rye Village of Dobbs Ferry Village of Irvington Village/Town of Mount Kisco Village of Pelham Village of Sleepy Hollow Village of Tarrytown COMP 4 ALLIANCE New York State Municipal Workers' Compensation Alliance Member Participation Agreement Member: Town of lrondequoit Agent: Paris Kirwan Associates Participation Period: 4/1/22-5/31/23 The New York State Municipal Workers' Compensation Alliance (Comp Alliance) is a group self-insurance program — a network of municipal employers that have joined together for the purpose of providing the workers' compensation and employers' liability coverages required by New York State Law. By participating in the Comp Alliance, you are pooling your resources with other municipalities in New York State to obtain workers' compensation coverage for your employees, leading to lower administrative costs, diligent claims management and loss control services specifically tailored to the unique risks faced by municipalities. As a member of the Comp Alliance, there are certain legal responsibilities that you must be aware of and which remain enforceable even in the event of withdrawal from the Comp Alliance. Please review this participation agreement carefully and contact the Comp Alliance with any questions. How Group Self -Insurance Works: Each member of the Comp Alliance makes an annual funding contribution that is used to pay for claims incurred during the year over the lifetime of the claim. To help ensure that the funding contributions remain fair, they are designed to reflect each member's projected ultimate costs of claims based on their loss experience and payroll. Funds that are not used to pay claims during the year are placed in reserve to pay the future costs of the claims. These future funds are invested so that the interest received can help offset the future costs of the claims. In the event that there are surplus funds after all future liabilities are determined, the excess may be used to offset future rates or be paid back to the member. Conversely, in the event that the funds are not sufficient to pay future liabilities, members may be called upon to pay a supplemental assessment. To protect against this possibility, the Comp Alliance makes every effort to accurately determine the future liabilities of the program to ensure that its assets are sufficient to pay its total liabilities. Joint and Several Liability Each member shall be responsible, jointly and severally, for all liabilities of the Plan under the Workers' Compensation Law and all rules and regulations enacted pursuant thereto incurred during its respective period of membership in the Comp Alliance. A supplemental assessment may be levied in the event that the Comp Alliance does not have sufficient assets to meet its anticipated liabilities. The Comp Alliance works diligently to protect against this possibility by ensuring the annual funding contribution collected from members is sufficient to meet its anticipated liabilities each year. It also strives to maintain a modest surplus that may be used to offset any assessment that is required. In the event that supplemental assessments shall ever be required for any given year, the assessments will be distributed equitably among members for that year in accordance with a plan adopted by the Board of Trustees. The proportionate share of the members funding contribution and ultimate loss for the year in question will be considered in distributing the assessment. Executive Director: Michael Kenneally 518-465-0128 Claims: Howard Bitner 516-750-9376 Member Services: Aaron Reader 866-697-7665 COMP 4 ALLIANCE Nev., York State MunicrpoiWorkers' Compensation Alliance A. Coverages Provided by the Comp Alliance Workers' Compensation Coverage: provides medical and indemnity (lost time) benefits to employees who are injured in the course of their employment with the municipality. Employers' Liability Coverage: provides coverage for third party actions that are brought against the municipalities arising out of an injury to a municipal employee that occurred in course of his or her employment. The Comp Alliance provides both Workers' Compensation Coverage and Employers' Liability Coverage pursuant to the New York State Workers' Compensation Law. ■ The Comp Alliance will pay the medical and indemnity benefits required of its members by the Workers' Compensation Law for injuries to employees that arise out of the employment of its employees. ■ The Comp Alliance will defend any claim or proceeding against its members for benefits payable under the Workers' Compensation Law. ■ The Comp Alliance will pay amounts that its members are obligated to pay to third parties that arise from an injury to an employee caused by an event that occurred in the course of this agreement (Employer Liability payments). ■ The Comp Alliance will not pay any amounts that the employer is not obligated to pay under the Workers' Compensation Law, or the rules and regulations adopted pursuant thereto. This includes any payments, or portion thereof, that a member may make that are covered by other insurance that the member may maintain, or that the employer may extend to its employees. ■ The Comp Alliance will only make indemnity payments up to the amounts awarded by the Workers' Compensation Board. Any member who has in place a "full pay" or similar policy that grants a greater benefit to its employees will be solely liable for the difference between the amounts so paid and the amounts awarded by the Workers' Compensation Board. 8. Member R ponsib lities The responsibilities of each member are set forth in detail in the Plan Document. Each member is responsible for knowing its obligations to the Comp Alliance. As a member of the Comp Alliance, you agree to accept and be bound by the terms, conditions and provisions of the Plan Document and Bylaws of the Comp Alliance, and by the New York State Workers' Compensation Law and the regulations promulgated pursuant thereto. Pursuant to the Plan Document, each member: ■ agrees to cooperate with the plan and furnish information necessary for the administration of the plan. • will timely pay all necessary funding contributions, supplemental assessments and NYS assessments. • will keep accurate records of all workers' compensation and employers' liability claims. ■ is responsible for the prompt reporting of the claims. = will timely and accurately report its quarterly payroll to the Comp Alliance for NYS assessments. • will assist the Comp Alliance with the reconciliation of payroll reported on form GA -4 each quarter. Executive Director: Michael Kenneally 518-465-0128 Claims: Howard Bitner 516-750-9376 Member Services: Aaron Reader 866-697-7665 COMP 4 ALLIANCE C. Services Provided by the Comp Alliance New York State Municipal Workers' Compensation Alliance The Comp Alliance is a full service, workers' compensation program that provides not only for the payment of claims, but a host of other services to help its members understand the workers' compensation law, their responsibilities, and how to minimize losses in the workplace. Among the services provided by the Comp Alliance are: Claims Administration: • Assist members with the implementation of an internal claims reporting system and, as necessary, train members' personnel to ensure the ongoing effectiveness of the reporting system. • Review and, as necessary, investigate all reported claims to determine compensability • Prepare and distribute checks for appropriate payment of medical, lost time benefits and expenses. • Monitor medical treatment and review all medical bills in an effort to minimize medical costs. • Pursue subrogation whenever it is reasonably anticipated that the Plan may be reimbursed for payments made. • Provide each member with loss run on quarterly basis, which shall include, at a minimum, the: file/claim number; date of accident; name and occupation of injured employee/claimant; description of accident; type of injury/body part; status of claim and classification/severity code; and total medical, indemnity and expense incurred, including payments plus outstanding reserves established by the Plan Manager. • Represent municipality before the workers' compensation board Loss Control Services • Loss control inspections to all of members on a regular, recurring basis • Distribution of information on the establishment and maintenance of safety committees • Development and training on best practice policies and procedures Member Services s Educate members on the changes to Workers' Compensation Law • Interactive Website with information and resources on Workers' Compensation Law, municipal risk management, • Online claims portal to allow members access to their claims information (in development). D. Purpose of Agreement: The purpose of this Participation Agreement ("the Agreement") is to set forth the respective responsibilities of the Comp Alliance and its members for the efficient and economical evaluation, processing, administration, defense and payment of claims for workers' compensation payments and employers' liability payments through self-insurance and otherwise. The rights and responsibilities set forth in this agreement shall at all times be subject to, and read in conjunction with, the rights, duties and responsibilities of set forth in the Plan Document, the New York State Workers' Compensation Law and all applicable rules, regulations and procedures promulgated by the Workers' Compensation Board of the State of New York. Executive Director: Michael Kenneally 518-465-0128 Claims: Howard Bitner Member Services: Aaron Reader 516-750-9376 866-697-7665 COMP 4 ALLIANCE E. Assessments payable to the Workers' Compensation Board New York State Municipal Workers Compensation Alliance All members are required to pay an assessment to the New York State Workers' Compensation Board to fund its administration and operations. Until such time as the Workers' Compensation Board implements a system of direct employer charges, the Comp Alliance is required to collect and pay this amount on behalf of its members. The assessment is charged on a quarterly basis, and is based upon the member's reported payroll for each quarter. This charge is separate from your funding contribution to the Comp Alliance, and an estimated, annual assessment fee is collected from each member with its yearly funding contribution. The collection of an estimated amount up front is necessary to comply with the strict payment schedule set by the Workers' Compensation Board and to help protect members from costly penalties resulting from late reporting and payment. The assessment that is charged by the Workers' Compensation Board each quarter is based upon the member's actual payroll for the quarter, as reported to the Comp Alliance on form GA -4. Since the actual payroll reported each quarter may deviate from the payroll used to estimate the member's annual assessment charge, the Comp Alliance will reconcile the assessment charges paid on your behalf with the amount that we have collected. The reconciliation will show whether the member's estimated assessment is adequate to cover the actual assessment. Where the amount collected (estimated assessment) is more than the actual amount paid out, the member will receive a credit towards the following year's estimated assessment. Where the amount collected is less than the actual amount paid out, the member will receive a debit on the following year's assessment. The payroll submitted by each member on form GA -4 will be reconciled against the payroll it submits to the NYS Department of Taxation and Finance by the Workers' Compensation Board each quarter. The Comp Alliance will receive this reconciliation and members will be called upon to assist the Comp Alliance in clarifying any discrepancies. The Comp Alliance will then submit a reconciliation report to the Workers' Compensation Board explaining any discrepancies along with a payment, if necessary, for the difference owed to the Workers' Compensation Board from the particular member's assessment funds. Members who withdraw from the Comp Alliance program remain responsible for any assessments due and owing to the Workers' Compensation Board for the period of time that they were a member. Members who withdraw from the Comp Alliance will receive any overpayments after the assessment for the last quarter of their membership has been paid. In witness whereof, the parties have executed this participation agreement intending to fully bound by its terms and conditions. Member: Town of Irondequoit Comp Alliance Date: Date: October 1, 2021 By: By: r W.+'t fi t` / Name: _ _ Name: Michael Kenneally Title: Title: Executive Director Term: 4/1/22-5/31/23 Executive Director: Michael Kenneally 518.465-0128 Claims: Howard Bitner Member Services: Aaron Reader 516-750-9376 866-697-7665 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT Article I. Purpose a. Purpose: The purpose of the Plan is to provide for the efficient and economical evaluation, processing, administration, defense and payment of claims against Plan members for workers' compensation payments and employers' liability payments through self-insurance and otherwise; to effect cost savings insofar as may be possible in Plan members' expenses for such claims and services; to provide for centralized administration, funding, and disbursements for such services; and to provide for risk management to reduce future liability for workers' compensation payments and employers' liability payments. The Plan will function in compliance with the Workers' Compensation Law of the State of New York and all applicable rules, regulations and procedures promulgated by the Workers' Compensation Board of the State of New York. b. Fund Year: The Plan shall operate on a July 1 to June 30 fiscal year. The Plan shall continue from year to year until and unless terminated in the manner set forth herein. Article II. Definitions a. "Plan" or "the Comp Alliance" shall mean the New York State Municipal Workers' Compensation Alliance Plan for Workers' Compensation, as provided for herein or as may hereafter be provided for by amendment. b. "Municipal Corporation" shall have the meaning as defined in Sections 2 and 6-n of the General Municipal Law. c. "Plan member" or "member" shall mean a municipal corporation that has elected to join the New York State Municipal Workers' Compensation Alliance Plan for group self-insurance. d. "Board of Trustees" or "Trustees" means the body that shall act as the fiduciary for the benefit of the members and is ultimately responsible for the overall governance of the Plan. e. "Plan -member Trustee" means a member of the Board of Trustees that is a public officer of a member municipal corporation. f. "At -large trustee" means a member of the Board of Trustees who is not a Plan -member trustee. g. "Key agent" means any person, firm or corporation hired by the Board of Trustees to serve as the group administrator, third party administrator, accountant, auditor, investment manager or actuary of the Plan. h. "Group Administrator" means an individual or entity licensed by the Workers' Compensation Board pursuant to the Workers Compensation Law which is responsible for assisting the Comp Alliance with complying with the provisions of the Workers Compensation Law and the rules and regulations promulgated there under, and for the coordination of services, including, but not limited to, claims processing, insurance purchasing, loss control, legal, accounting and actuarial services. "Third Party Administrator" or "Claims Administrator" means an individual or entity licensed by the Workers' Compensation Board pursuant to the Workers' Compensation 1 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT Law which is responsible for the administration and defense of workers' compensation claims of members. J. "Workers' compensation payments" shall mean all payments which a Plan member may become obligated to make directly to, or for the benefit of, an employee of the Plan member by operation of the Workers' Compensation Law of the State of New York. k. "Employers' liability payments" shall mean all payments which a Plan member may become obligated to make to third -parties by reason of such third -parties' liability to an employee of a Plan member by reason of acts or events which also give rise to compensable claims under the Workers' Compensation Law of the State of New York. 1. "Opening fund balance" shall mean unspent moneys held by the Plan as of the first day of any fiscal year, but shall not include funds which have been reserved or otherwise set aside as against previously reported claims, whether or not formally asserted, for workers' compensation payments or employers' liability payments. m. "Plan Sponsor" shall mean the Association of Towns of the State of New York Article III. Trustees a. Number of Trustees: The Plan shall be governed in all respects by the Board of Trustees. The Board of Trustees shall consist of at least seven (7) trustees. A majority of trustees shall be public officers of Plan Members. No person who is a key agent shall serve on the Board of Trustees. b. Trustee Responsibilities: Trustees shall be responsible for the governance of the Plan, including oversight of all monies collected or disbursed by the Plan, engaging and coordinating any and all key agents, maintaining the integrity of the Plan's investments, and taking all necessary actions to ensure that the Plan complies with the Workers Qompensation Law and all applicable rules and regulations. The Board of Trustees shall cause a certified financial statement to be prepared at the end of each fiscal year by an independent certified public accountant approved by the Board of Trustees, which shall be furnished to all trustees and made available to all Plan Members. 1. c. Trustees Held Harmless: No trustee or former trustee shall be liable to any other trustee or Plan member for actions taken in good faith and within the scope of such trustee's authority; and the Plan shall indemnify, save and hold harmless each trustee or former trustee from any liability arising from any claim, judgment, lawsuit, action or other proceeding, by virtue of their capacity as trustee or in connection with actions taken in good faith and within the scope of such trustee's authority, including reasonable and necessary attorneys' fees and disbursements incurred in connection therewith. d. Bylaws: Except as set forth herein, the operations of the Board of Trustees shall be governed by bylaws adopted by it, as amended from time to time. Article IV. Members a. Eligibility: Membership in the Plan is limited to municipal corporations. 2 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT b. Admission of New Members: Each prospective member of the Plan must execute a Participation Agreement for the group acknowledging that the member understands and agrees to the requirements, obligations and responsibilities associated with membership in the Plan, including, but not limited to joint and several liability and the obligation to pay all funding contributions, WCB assessments and supplemental assessments. The Participation Agreement shall take such form and contain such information as determined by the Board of Trustees. The Board of Trustees shall be under no obligation to admit new members to the Plan. c. Member Responsibilities: Members shall comply with all of the responsibilities set forth in the Plan Document and the Participation Agreement. Each member shall be responsible, jointly and severally, for all liabilities of the Plan under the Workers Compensation Law and all rules and regulations enacted pursuant thereto during its respective period of membership. d. Terms and Conditions of Membership: Municipal corporations, including school districts and boards of cooperative educational services, may be permitted to join the Plan at such times and on such terms as may be approved by a majority vote of the Board of Trustees; provided, however, that the Board of Trustees shall be under no obligation to admit new members to the Plan. The Board of Trustees may require applicants for Plan membership to furnish fiscal and loss information, to submit to examinations of their records and operations, and to bear the reasonable expense of such examination. All members must enter into a Participation Agreement, and it is is expressly understood and agreed by each Plan member that: i. each member understands and accepts that it is responsible pursuant to the Laws of the State of New York for workers' compensation payments to employees and for employers' liability payments to third -parties, and the existence of this Plan shall not relieve or displace any such liability; provided, however, that the Plan shall be liable to its members, and the members shall be liable to the Plan and each other, for the obligations set forth herein. ii. each member will appear before the Workers' Compensation Board, and before any other tribunal having jurisdiction over workers' compensation or employers' liability claims, in the name of the Plan and, further, that the Plan shall furnish representation as provided herein. iii. each member agrees that it will adhere to the requirements of the Plan, will cooperate in such inquiries and furnish such information as may be necessary or appropriate for Plan purposes, and will promptly pay such initial assessments, continuing assessments, and supplementary assessments, as may properly be made pursuant to the Plan. iv. each member consents that the Plan may, in its own name, commence such legal or equitable actions or proceedings in the Supreme Court of the State of New York or in any other competent tribunal having jurisdiction against any member to enforce the obligations of such member pursuant to the Plan. 3 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT v. as a condition precedent to membership to the Plan, each Plan member represents and warrants to the Plan and to every other member that it has in all respects the power and authority to participate in the Plan as a member; and that it has lawfully and properly taken all steps and performed all acts which may be required to participate in the Plan pursuant to the Plan itself and all applicable laws. vi. it is understood and agreed by each Plan member that the funding contributions received from each member will be commingled, and that funds received from one member may, in accordance with Plan criteria, be disbursed for the benefit of other members. vii. member obligations: All members shall be responsible for: 1. the prompt payment of all assessments; 2. the maintenance of accurate books and records with respect to workers' compensation and employers' liability claims; 3. the prompt furnishing of information regarding actual and anticipated workers' compensation and employers' liability claims, and with respect to matters likely to give rise to such claims; 4. cooperation with and facilitation of all reasonable inquiries which may be made by the Board of Trustees or Key Agents with respect to specific claims and with respect to loss experience in general; and 5. cooperation with all risk management and loss control programs which may be instituted by the Board of Trustees. viii. no municipal corporation, including school district or board of cooperative educational services, shall be admitted to plan membership until its governing body has adopted a resolution accepting the terms of this Plan Document and entered into a Participation Agreement. Sample enabling resolutions in the forms set forth in Appendices A & B hereto, or in such other forms as may from time to time be prescribed by the Board of Trustees. ix. Once admitted to plan membership, each member shall be obligated to cooperate in the administration of the plan and to perform all requirements of continuing membership set forth in the Participation Agreement. x. The Board of Trustees may decide to pay, compromise or contest any claim. A decision by the Board of Trustees to pay, compromise, or contest any claim shall be final and binding. Article V. Revocation and Termination of Membership a. Any member which fails to pay a required fund contribution, WCB assessment or supplemental assessment within 90 days after the date on which such fund contribution or supplemental assessment was payable will be deemed to have given notice of withdrawal from the Plan, effective at the end of the policy year following the 90 -day period. The withdrawal of a member for the failure to pay a required 4 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT funding contribution or supplemental assessment shall not relieve the member of any funding contribution or supplemental assessment due to the Plan for the full policy year. No forbearance with respect to any Plan member or any payment will be deemed to create a waiver with respect to subsequent defaults by the same or any other member. b. The Board of Trustees may terminate the membership of any Plan member with not less than 90 days notice, as follows: i. By majority vote, for failure to comply with any of the provisions of the Plan Document or Participation Agreement; or ii. By two-thirds vote, for any other reason. c. A plan member reserves the right to revoke this agreement upon sixty (60) days written notice to the Plan. The effective date of termination will be the end of the member's policy year following the sixtieth day from the mailing of such written notification. Any plan member who withdraws or is terminated pursuant to this paragraph from membership will assume sole responsibility as of the effective date of termination for all workers' compensation and employers' liability claims against it which relate to occurrences which take place after the termination date. As of such termination date, the withdrawing or terminated member shall cease to have any liability with respect to any occurrences which took place prior to the termination date regardless of when the claim is submitted, except that such withdrawing or terminated member shall be responsible for any supplemental assessment resulting from a plan shortfall for those claims which arose prior to the date of such termination or withdrawal, as set forth in Article VI of the Plan Document. d. It is expressly understood that any notice to revoke, notice to withdraw, or termination as set forth above shall in effect release the Plan and each of the remaining Plan members from any liability to the withdrawing or expelled member, except as expressly provided herein. Article VI. Fund Contributions and Supplemental Assessments a. Annual Fund Contribution: Upon joining the Comp Alliance, and in each year thereafter that the member remains in the plan, the member shall make a fund contribution in exchange for the coverage for workers' compensation payments and employers' liability payments provided by the Plan. Each members fund contribution shall reflect the: a) exposure and loss experience of the member; b) services to be rendered to the member; and c) any other equitable factor. The Board of Trustees reserves the right to adjust the annual fund contribution of any particular member in the event the initial fund contribution calculation was the result of a material error, omission or misstatement of loss data or any other information necessary to arrive at the appropriate funding level that is furnished by the member, its agents or representatives. b. Supplemental assessments: As set forth herein, the Board of Trustees may cause to be levied supplemental assessments against its members. Supplemental assessments shall be determined by the ratio that each individual members fund contribution bears to the 5 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT aggregate fund contribution for the plan fiscal year or years to which the supplemental assessment applies. The Board of Trustees may levy supplemental assessments in the following circumstances: i. upon winding up or termination of the plan; or ii. where there exists a deficiency in the overall funding of the plan, as determined by the audited financial statements for that year or years; or iii. where otherwise required by law. Members who leave the plan shall remain liable any such supplemental assessments levied for the years during which they were a member of the plan. Prior to levying a supplemental assessment, the Board of Trustees shall develop a plan to ensure that such supplemental assessments are charged in a fair and equitable manner, and shall give notice to members and former members of the plan as soon as practicable prior to levying such assessment. The failure to receive such notice shall not relieve the member or former member of their obligation to pay such supplemental assessment. Article VII. Administration a. The Board of Trustees shall at all times be responsible for the governance of the Plan. Day- to-day administration of the Plan shall be vested in such group administrators, third -party administrators and other key agents as determined by the Board of Trustees. The Board of Trustees may contract with a group administrator, third party administrator, and such other persons, firms or corporations as it deems necessary to perform the day-to-day administration of the Plan. b. The engagement of a Group Administrator and / or a Third -Party Administrator shall be effected by a written contract, approved by the Board of Trustees and Executed by the Chair. All such contracts shall be for a term not to exceed five years. Such contract(s) shall provide, at a minimum, for: i. investigation, processing and filing of claims with the Workers' Compensation Board; ii. representation, whether directly or through counsel, of Plan members before the Workers' Compensation Board and other appropriate administrative and judicial tribunals; iii. making recommendations for the payment or compromise of claims; iv. making recommendations for the procuring of insurance to effectuate the purposes and preserve the financial stability of the Plan; v. making recommendations with respect to the administrative and fiscal management of the Plan; vi. reviewing and making recommendations with respect to the funding of the Plan from year to year; vii. conducting surveys and studies with respect to individual Plan members and 6 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT otherwise, and making recommendations with respect to risk management and loss control programs; viii. evaluating new applicants for Plan membership and making recommendations with respect to such applications; ix. designing and implementing all necessary re -insurance and excess programs; and performing such other functions as may properly be delegated by the Board of Trustees. c. Such group administrator and / or third -party administrator shall be responsible for assisting the Plan by coordinating the services and management of the Plan's affairs, determining and collection of annual fund contributions and supplemental assessments, loss -control, independent medical examinations, claims processing, legal, accounting and bookkeeping services. d. Notwithstanding paragraphs a -c of this section, the Board of Trustees may hire and employ such key agents and employees as they deem necessary for the efficient and effective administration of the Plan. e. Plan Sponsor: The plan sponsor shall serve as custodian of the funds of the Plan, and at all times have custody of the Plan's funds. The plan sponsor shall: i. maintain a separate fund for workers' compensation and, if authorized by the Board of Trustees and shall maintain separate workers' compensation reserve funds. ii. be bonded in an appropriate amount as approved by the Board of Trustees. iii. maintain complete and accurate books of account for all funds in its custody in accordance with generally accepted accounting principles applicable to public bodies in general and Municipal corporations in particular. iv. invest any Plan fund' not needed for current operating expenses in accordance with the investment policy adopted by the Board of Trustees. v. designate a depository for the Plan, which will be reviewed from time to time by the Board of Trustees. vi. undertake to accomplish those tasks or assignments received from the Board of Trustees as they relate to the administration or implementation of the Plan. vii. report to the Board of Trustees with respect to the source and application of funds. f. The Plan shall indemnify, save and hold harmless the Plan Sponsor from any liability arising from any claim, lawsuit, action or other proceeding, in connection with actions taken in good faith and within the scope of the plan sponsor's authority, including reasonable and necessary attorneys' fees and disbursements incurred in connection therewith. Article VIII. Investments a. The Board of Trustees shall contract with an investment manager for the investment of funds not needed for current operating expenses in accordance with the investment policy 7 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT established by the Board of Trustees. The investment policy shall be formally approved and adopted by the Board of Trustees of the Comp Alliance and reviewed annually by the audit and finance committee or it successor, on an annual basis. All amendments to the policy shall be effective upon adoption by the Board of Trustees by resolution. b. The Comp Alliance's investment program will consistent with its overall financial needs and results in the prudent management of invested funds, the availability of operating funds when ended to pay claims, operating and administrative expenses, and to provide an acceptable market -based investment return. The Comp Alliance investment program shall be operated in conformance with all applicable federal and state laws and regulations, and in accordance with the Plan Document. c. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the Comp Alliance. The "prudent investor" standard of care shall apply to the management of the Comp Alliance portfolio. d. The audit and finance committee shall, in advance of the regularly scheduled board meeting, meet with the investment manager, and report to the board on the investments of the Plan. Article IX. Amendment And Termination Of Plan a. The Plan may be amended by a two-thirds vote of the Board of Trustees. Copies of amendments will be filed with the Workers' Compensation Board. b. The Plan may be terminated by a two-thirds vote of the Board of Trustees, effective at the end of the then -current fiscal year; provided, however, that the Plan shall remain in existence for the winding up of its affairs as provided in this Article. c. In the event that the Plan be terminated, the Board of Trustees shall, no later than the effective date of termination, cause to be prepared a dissolution plan that includes schedules of the Plan's assets and the Plan's current and future liabilities, including all liquidated, contingent and disputed liabilities. The Plan's liabilities shall not include any obligation for workers' compensation or employers' liability claims against Plan members, except for those by members that have arisen prior to the termination date of Plan. d. The dissolution plan shall provide for: 1. the payment of all current and acknowledged liabilities; 2. the establishment a reserve fund for the payment of all future and contingent liabilities, as such liabilities are determined by the plan's actuary; 3. the administration and run-off of future and contingent liabilities; 8 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT 4. the return to members of any funds deemed to be in excess of those necessary to run off future and contingent liabilities within a reasonable period of time. The return of funds to members shall be subject to a finding by the Workers' Compensation Board that, with the understanding that such funds are to be returned to the public fisc of the member, such excess amounts are not necessary for the payment of future or contingent liabilities; 5. the levying of a special assessment in the event the Plan's assets are insufficient to pay all of the Plan's current and future liabilities. e. Supplemental assessments levied against, or distribution of surplus funds to, Comp Alliance members as a result of the dissolution of the Plan shall be determined in a fair and equitable manner and may consider each members longevity with the Comp Alliance, its proportionate share of funding contributions and its proportionate share of liabilities. f. Funds in excess of what is necessary to pay for the liabilities of the plan shall be returned to members within a reasonable period of time following the dissolution of the Plan, subject to: 1. a determination by the Workers' Compensation Board that such funds are no longer necessary to pay for the liabilities of the Plan; 2. each then -current Plan member executing a release in suitable form relieving the Plan, and each other then -current member from any liability arising from the Plan. Article X. Reformation & Supervening Law To the extent that any provision of the Plan be determined by a court of competent jurisdiction to be invalid in whole or in part under existing or hereafter -enacted law, the remaining provisions of this instrument shall remain in full force and effect, and any disputed provision shall, to the extent possible, be interpreted in such manner as to conform to applicable legal requirements. In the event that the Board of Trustees determines that the complete or partial invalidity of any provision of this instrument would materially prevent or impede the accomplishment of the essential purposes of the Plan, then the Plan shall be terminated in accordance with the Plan. 9 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT APPENDIX A WHEREAS there has been proposed a "NEW YORK STATE MUNICIPAL WORKERS' COMPENSATION ALLIANCE PLAN DOCUMENT" pursuant to Section 50 3-a of the Workers' Compensation Law (hereinafter "the Plan"); and WHEREAS the (Municipality) is eligible for membership in the Plan; and WHEREAS the (Municipality) has made an independent investigation of the Plan and reviewed the Plan document, and has concluded that it would be in the interests of the (Municipality) to participate therein; now, therefore, be it RESOLVED that the (Municipality) enter into membership in the Plan pursuant to Section 50 Subdivision 3-a of the Workers' Compensation Law; and be it further RESOLVED, that (Signature Authority) be and hereby is authorized and instructed to execute the Plan's charter document on behalf of the (Municipality); and be it further RESOLVED, that the custody of all joint Plan moneys by the Plan Administrator under the Plan be and the same hereby is approved. A MOTION was made by (Name) and seconded by (Name) to adopt the above resolution by the (Governing Board) of the (Municipality) at its (Date) meeting. S E A L (signature) (name/title) (date) 10 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT APPENDIX B EXTRACT OF MINUTES The following is an exact copy of a portion of the Minutes of the (Governing Board) meeting dated (Date) . "WORKERS' COMPENSATION - SELF INSURANCE" "A MOTION was made by (Name) and seconded by (Name) to adopt the following resolution: "RESOLVED, that the (Municipality) hereby elects, pursuant to Subdivision 3-a of Section 50 of the Workers' Compensation Law, to become a self -insurer as to Workers' Compensation claims against this Municipality; and be it further "RESOLVED, that pursuant to Section 50 Subdivision 3-a of said Workers' Compensation Law, notice of such election shall be filed forthwith with the Chairman of the Workers' Compensation Board, Self -Insurance Section; and be it further "RESOLVED, that this election shall become effective on (Date) . "MOTION carried". S E A L (signature) (name/title) (date) 11 NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT APPENDIX C (To BE TYPED ON MUNICIPALITY LETTERHEAD) (SEND REGISTERED MALL RETURN RECEIPT) TO: Present Insurance Carrier RE: Name of Municipality Policy No. Policy No. -for Volunteer Fire Fighters (f different from above, if applicable) Policy No. -for Volunteer Ambulance Corps (if different from above, if applicable) Sir or Madam: This letter is to advise you that the (Name of Municipality) has elected to become self -insured, effective (Effective Date), in accordance with Subdivision 3-a of Section 50 of the Workers' Compensation Law. Notice is hereby given of this Municipality's intention to cancel the subject policy with (Name of Insurance Carrier) as of (Effective Date) . This notice is timely in accordance with the notice of cancellation requirement. We wish to thank you for your efforts and services during the term of this policy. Very truly yours, (Please send us a copy of this letter when mailed.) 12 COMP Alt ALLIANCE Town of Irondequoit June 2022 Ratebook Premium by Job Allocation Class Code Description 106 Tree Pruning, Spraying, Repairing 251 Irrigation Works Operation 5506 Street or Road Construction 5507 Street or Road Const/Subsurface Work 7580 Sewege Disposal Plant 7590 Garbage Works 7720 Police Officers & Drivers 8391 Auto Gasoline Station 8394 Auto -Bus -Livery - All other emp 8810 Clerical Office Employees 8831 Hospitals - Veterinary 8838 Public Library or Museum 9026 Building Operation - Commercial 9063 YMCA - All Employees & Clerical 9101 College: All Other Employees 9102 Parks noc - All Employees & Drivers 9220 Cemetary Operations & Drivers 9402 Street Cleaning & Drivers 9410 Municipal Township noc 9501 Painting: Shop Only & Drivers $116,163 $6,942.12 $292,144 $39,982.13 $57,123 $7,708.34 $75,244 $6,020.90 $1,508,103 $59,426.06 $120,957 $10,032.29 $5,500,861 $195,692.66 $323,819 $9,496.52 $116,736 $5,894.02 $3,173,146 $3,837.43 $40,506 $461.28 $1,035,354 $6,364.85 $152,166 $6,410.08 $90,529 $884.97 $191,869 $5,530.19 $962,779 $29,205.34 $75,512 $5,304.18 $12,000 $622.81 $530,732 $39,633.52 $59,502 $1,175.32 $440,625.00 Additional Exposures if Applicable Volunteer Fire Fighters Exposure Volunteer Ambulance Exposure Total Funding Contribution This does not include the NYS Assessment. You will be invoiced separately for the estimated assessment: $27,239 $0 $0 $440,625 Please be advised that the payroll used in this quote was extracted from your most recent budget, please review for accuracy. If there are any discrepancies, contact our office immediately. Term Stability. Service. tong gal Ser Comp Alliance A not -for-profit group self -insured workers' compensation program designed for municipalities in New York State. The Alliance is sponsored and fiscally overseen by the Association of Towns of the State of New York (AOT) and the New York State Conference of Mayors (NYCOM). The program strives to provide stable annual funding for its members. This is achieved by helping to create safe workplaces with consultative risk management and expeditous claim handling. Advantages of Membership - Stable, affordable funding contributions reflect four consecutive years of rate reductions. - Multi -year fixed cost options - Loyalty Award checks issued to members the past three years - Safe Workplace Award incentives employee safety - No payroll audits - Flexible training options and resources Program Sponsors Vince 1994 CAM Program Administrator WRIGHT' ki',. !VA,II1,I,,1 Il l 'i i For more information or a quote please contact Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org COMP 4 ALLIANCE Iiitgtrice 199 4% Workers' Compensation Program for New York State Public Schools i=fi r. — !! The Comp Alliance is a not -for-profit, tax exempt, group self - insured workers' compensation program designed exclusively to meet the needs of New York State public entities. Helping schools minimize insurance costs while providing exceptional service. In the current environment in New York State, schools need to look at their costs and make sure they are getting the best option possible for their money. The Comp Alliance is a proven program in New York State that has helped public entities control their workers' compensation costs for 28 years. Some of the benefits of the Comp Alliance include: • Funding Stability - Yearly average program wide rate decrese each of the past 4 years. while NYS base rates continue to increase. • Multi -year fixed cost options now available to further help with the budget process. • Safe Workplace Award - rewards Comp Alliance members for their positive contributions to the Program. After the end of the policy period, current members' losses during the prior policy year will be evaluated. Members with excellent loss -experience during the previous policy year will be eligible for a monetary award. Subject to annual appropriation by the Board of Trustees • More than 325 public entities participating across New York State. The program has a current surplus of more than 866 million which will figure into future funding determinations. • No year end premium payroll audit... helps with the budget process. • Personal Services - We are a program specializing in NYS public entity workers' compensation. We provide accident reduction through pro -active hands on loss control services and risk management training, and provide experienced and dedicated claims handling, underwriting, and member services. ince 1994 'tic) For more information of a workers' compensation quote please contact Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org Workers' Comp Claim Reporting Portal The Comp Alliance is excited to introduce a new claim reporting portal which provides program members with access to the ATS System allowing users to: Enter first report of injury (FROI) Print the New York Workers' Compensation Board Employer's First Report of Work -Related Injury/Illness (C2 -F) — a copy will be emailed to the user upon submission of the claim Upload additional supporting documentation to the claim Instantly receive a claim number Access the following: • Basic claim data • Claim reports • Transactions • Pay history and reports • Claim reserves • Claim notes Comp Alliance members can receive login credentials, more information and access instructions by contacting us today! Vince 199' Howard Bitner, Claims Account Manager Phone: 516-750-9376 E-mail: hbitner@wrightinsurance.com www.compalliance.org Group Workers' Compensation Program Dedicated to Serving the Needs of NYS Municipal Entities No Year End Premium Payroll Audits What does this mean? It means that the Comp Alliance will not add additional increases to your annual contribution based on an audit of your payrolls. This year-end premium payroll audit allows other workers' compensation programs to originally appear to have a lower premium. Once the insurance term is complete, these programs perform a payroll audit. Any additional premium due from changes in payroll would likely lead to funds from the current budget term being required to pay for insurance costs from a prior budget. Be careful, some companies are saying they will not perform a payroll audit to try to match our program to entice you to join them, but their promise is only temporary, and when they finally audit your program, it will then make an impact. Also, you may ask, do you do this for everyone, or on just certain occasions? The Association of Towns of New York State and the New York State Conference of Mayors is very happy to have brought this very important feature to its membership. It had always been a thorn in the side of the supervisors, mayors, and finance people who had to try to allow for this additional premium somewhere in the budget process, not knowing how much it would be. It conveniently removes the guesswork from budgeting your yearly workers' compensation costs. Call now and find out why No Payroll Audits is only one of the reasons to join! Since 1994 COM Contact Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org As Easy as 1, 2, 3 P l► ALLIANCE • traditional • established • stability • piece of mind • cost predictability = ease of budgeting STABILITY Flexible Options t��ir PJ�Jn * longer term cost predictability = stability • limited eligibility (speak to Comp Alliance Rep.) Introducing - Member's Choice, providing Comp Alliance members with flexible options and the opportunity to design a plan term that is tailored to your needs! 1 year membership: Member joins the Comp Alliance for 12 months. Funding contribution is based on rates, loss experience and projected payroll for the 12 month period of membership. Most common, traditional option. No payroll audit. 2 year membership: 3 year membership: Member joins the Comp Alliance for 24 months. Funding contribution is based on rates, loss experience and projected payroll for the 24 month period of membership. Provides multi -year stability and predictability. No payroll audit. Member joins the Comp Alliance for 36 months. Funding contribution is based on rates, loss experience and projected payroll for the 36 month period of membership. Provides multi -year stability and predictability. No payroll audit. Eligibility is limited, so please contact a Comp Alliance marketing representative for additional details. Program Sponsors Since 1994 For more information or to explore any of these great options, please contact us today! Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org Dedicated to Serving the Workers' Compensation Needs of NYS Municipal Entities for More Than 25 Years Top 10 Reasons to Join the New York State Municipal Workers' Compensation Alliance Making the correct decision for your municipalty for your workers' compensation coverage is an important obligation where financial stability and security is essential. With these goals in mind, we would like to encourage you to consider the New York State Municipal Workers' Compensation Alliance (Comp Alliance). The Comp Alliance, founded by the Association of Towns of the State of New York (AOT) in 1994, is a not - for -profit group self -insured workers' compensation program, designed specifically and solely for public entities in New York State. Its main purpose is to provide stability in the funding process for the public entities that has been historically unpredictable. The New York State Conference of Mayors (NYCOM) also joined as co-sponsor in 2014. Experience the difference with the proper oversight of the Plan Administrator of AOT and NYCOM; and the Plan Manager, Wright Risk Management. THE TOP 10 REASONS TO JOIN THE COMP ALLIANCE: Security - AOT and NYCOM provide sponsorship and fiscal oversight for long term stability and proper checks and balances. ($66 million surplus as of most recent financial report) 2. 3. 4. 5. 6. 7. 8. 9. 10. Stable Funding - average yearly rate change flat past 5 years, rate reductions in 2019 and 2020. Multi- year fixed cost options now available to further help with budget stability. NO year-end premium payroll audits - NO surprises! Safe Workplace Award - rewards Comp Alliance members for positive contributions to the program. More than 325 public entities participating across NYS Retention - 97% average yearly retention since inception in 1994 NO "tail" of claims - NO future payments on current claims Coverage for municipal volunteers, at no additional cost! On -site regional training and on-line member exclusive safety resource center Aggressive claims management services, online claim reporting portal & pro -active loss control services Since 1994`. For more information or a quote Contact Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org COMP 4 ALLIANCE • Ilk Since 199141----1 Helping Members Minimize Their Claims Costs for 28 Years... Our 12 Step Process Includes: 1. Enter the claim into our system, assign a claim number, and send an acknowledgement form to the employer and injured employee advising of the claim number & the name and phone number of the assigned adjuster 2. If the claim involves lost time from work, we Investigate the circumstances of the claim by calling the claimant and the employer. We confirm the information provided on the claim form and determine if there are any issues that may be affecting the claimant's ability to return to work. (This may include arranging for signed statements to be taken from witnesses, if it appears the injury may not be compensable under the Act.) 3. Contact the claimant's treating physician to determine the diagnosis & prognosis of the injury and determine if there are outstanding authorization requests we may need to respond to 4. File the necessary forms with the Workers' Compensation Board (WCB) identifying the member/employer and us as the handling TPA on the claim. These forms provide a quick status of the claim to the WCB_ 5. Send blank WCB forms which require employer completion (C11, C240, C107) to our member contact 6. Arrange Independent Medical Exams where there is a question of a necessity of surgery, a question of causal relationship of a new body part to the original injury, to verify whether the claimant is disabled or able to return to work, and/or to address the issue of permanency. 7. Process & pay medical and pharmacy bills as well as awards of compensation for lost work time & permanency 8. Arrange for attorney representation at WCB hearings & direct the filing of appeals 9. Negotiate settlement of claims that reach permanency 10. Assign investigators to perform surveillance and activity checks at appropriate intervals on claimants who are missing work 1 1. Recover funds through subrogation and Second Injury Fund cases 12. Ensure that the employer is complying with all NY State laws and programs (HCRA assessments, Medicare reporting. etc.) regarding workers' compensation Is your current provider placing this much emphasis on claims handling? If not, they aren't doing all they can to help you minimize your costs! Contact us to see how we can help. Howard Bitner - Account Manager, Comp Alliance Email: hbitner@wrightinsurance.com Phone: (516) 750-9376 www.compalliance.org WRIGHT Safe Workplace Award The way it works is simple: The Comp Alliance's Safe Workplace Award Program rewards Comp Alliance members for their positive contributions to the Comp Alliance. After the end of the policy period, current members' losses during the prior policy year will be evaluated. Members with excellent loss -experience during the previous policy year will be eligible for a monetary award. The Safe Workplace Award is disbursed based on renewal date with disbursements made each of the past two years to qualifying members for loss performance during the 2019 and 2020 plan year. As we are always careful not to compromise the fiscal integrity of the Comp Alliance, Safe Workplace Awards are subject to annual appropriation by the Comp Alliance Board of Trustees based on an annual review of its financial condition, and are not guaranteed. The Safe Workplace Award Program benefits Comp Alliance members by providing a monetary incentive for members to take a pro -active approach to maintaining safe workplaces and prevent injuries. Members who qualify for the awards will not only receive a direct benefit through the award, but will also stand to benefit from the improvement in their loss experience and reduced rates expected to result from fewer losses. The Comp Alliance is a group public entity workers' compensation program sponsored by Since 1994 For more information on this new award, please contact us today! Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org Risk Management Services 0 0 .Sjilie 1994I We do more than just pay claims. The Risk Control Specialists at the Comp Alliance will work with you to develop long-term solutions to reduce your workers' compensation exposure. In more than 25 years, the program has had over a 97% member retention rate - a testament to the exceptional, on -staff risk management employees dedicated to the Comp Alliance. These Risk Management. Member Services Include: 1. On -Site Risk Management Evaluations - Interview Key Personnel and Dept. Heads - Loss/Claims Review - Inspections of Main Facilities - Personalized Recommendations for Improved Safety 2. Ongoing Consultative Service Visits - Safety Committee Development/Participation - Board Meeting/Dept. Head Meeting Participation 3. Loss Control Service Tools - Onsite and Online Safety Awareness Training - Safety Webinars - Regional Safety Awareness Seminars - Accident/Employee Injury Review Training 4. WCA Safety Training (Zoom Training) - Slip/Fall Prevention - Personal Protective Equipment - Hazard Communication/Right to Know - Lockout Tagout - Bloodborne Pathogen - Chainsaw Safety - Excavation/Trenching Safety - Driver Safety - Workplace Violence Prevention - Confined Space Awareness 5. Other Services - Online Member Safety Resource Center - Safety Bulletins and E -News - High Exp. Mod. Review and Consultation For more information on how we can help you personalize your safety program and help control your workers' compensation costs please contact Aaron Reader, Director of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org Group Workers' Compensation Program Dedicated to Serving the Needs of NYS Municipal Entities Comp Alliance Exclusive Onl►ne Safety Resource _ -7 and Training Center V Safe Lifting and Carrying Course 13 - Safe Lifting back Injuries nffect mole then 20 minion Ameticans and ale tre leading cause of nrsahilpry for people agea 19 to 45 In eddlhon. back'quires are the second roost ccontnlon cause e,f lost work ante ihln toolllt will help ldenrrfy the common [ du see of back rnjunas end cafe 1pl1inq techniques to astunt in Me prevention of these injures Course 14 - Slip. Trip, and Fall Prevention Shp*. taps and tens we In the top five causes of vtork related deaths Lana 'Nunes they are also amain st the top causes of ironer. resulting In lime away hoot work reIs toolkrt will ladlaw The causes of clips, taps and fall, ac well ao ldentpfyl no and .r ,Tltnlm0 controls 10 prevent monies Through the Comp Academy the following resources are now available: 4F Training courses that include safety flyers, posters, presentations, quizzes and completion certificates on a variety of topics Atir Safety culture tool box talks a Expanded library of safety training videos « Pre-recorded webinars on safety topics that can be viewed on demand 411' Videos of state mandated public employee training topics (workplace violence, bloodborne pathogen, right -to -know, and HAZWOPER) 4" Access to Safety Source video library with over 850 safety training videos. The Comp Academy online safety resource center is just one more way that the Comp Alliance helps members reduce their risk exposure and control their workers' compensation costs. Register today by visiting www.compalliance.org and clicking on Members in the top right corner since /994 Contact Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org The Comp Alliance is excited to introduce a new partnership with Safety Source providing program members a library of more than 850 safety training videos. The videos are effective and easy to understand and designed to enhance or supplement your in house safety initiatives and training programs. Safety Source's video library enhances the offerings currently provided through the Comp Alliance Academy. The following are examples of some of the additional topics from Safety Source: Chain Saw Safety Bucket and Dump Truck Operation Fire Extinguisher Training v' " aa4 OAN C1 ACADEMY Reasonable Suspicion Emergency Preparedness and Response Confined Space Entry Routinely the Comp Alliance notifies members about especially effective or popular titles, so they might be utilized promptly and routinely, to easily complement your own training programs. To register for access and begin utilizing this diverse video library please send your registration request to sroes@wrightinsurance.com 311. 1994 th Anni+versar; 2019 To receive login information and access instructions please contact us today! Shawn Roes, Regional Marketing and Technology Manager Phone: 315-506-5133 E-mail: sroes@wrightinsurance.com www.compalliance.org Group Workers' Compensation Program Dedicated to Serving the Needs of NYS Municipal Entities Loss Control Training Presentation Tools Bloodborne Pathogens Chainsaw Safety Confined Space Entry Driver Safety • Bus Driver Injury Prevention • Defensive Driver Training • Distracted Driving • Driver Safety Awareness • Van Driver Safety • 15 Passenger Vans • Safe Driving Techniques • Seat Belt Safety (Fire Dept) Electrical Safety (OSHA) Ergonomics • Back Safety • Safe Lifting • Musculoskeletal Disorders (Fire Dept) Excavation Safety Fall Protection • Fall Protection (Fire Dept) Vince 1994' Hazard Communication • Right -to -Know • Global Harmonization Hazardous Energy Control Hazard Recognition Ladder Safety Lockout Tag -out • LOTO (Fire Dept) Personal Protective Equipment PESH Scaffolds Sexual Harassment Slip Fall/Ladder Safety Stress in the Workplace Sun Safety Wood Chipper Safety Workplace Violence • WPV Refresher • Train -the -Trainer • Teen Worker Contact Aaron Reader, Vice President of Client Services Phone: 866-697-7665 E-mail: areader@wrightinsurance.com www.compalliance.org Albany Village of Altamont Town of Guilderland Village of Menands Village of Ravena Town of Rensselaerville Town of Westerlo Allegany Town of Birdsall Broome Binghamton Johnson City Joint Sewage Board City of Binghamton Colesville-Harpursville CSD Maine Endwell CSD Town of Dickinson Town of Fenton Village of Endicott Village of Johnson City Windsor CSD Cattaraugus Town of Allegany Town of Conewango Town of Freedom Town of Humphrey Town of Salamanca Town of South Valley Cayuga Cayuga County Cayuga County VFD Cayuga County Soil and Water Cayuga County Water and Sewer Authority City of Auburn Southern Cayuga CSD Town of Aurelius Town of Brutus Town of Cato Town of Conquest Town of Fleming Town of Genoa Town of Ira Town of Ledyard Town of Locke Town of Mentz COMP4 r,Since Membership Listing Cayuga (Continued) Town of Montezuma Town of Moravia Town of Niles Town of Owasco Town of Scipio Town of Sempronius Town of Sennett Town of Springport Town of Sterling Town of Throop Town of Venice Town of Victory Village of Aurora Village of Cato Village of Cayuga Village of Fair Haven Village of Meridian Village of Moravia Village of Port Byron Village of Union Springs Village of Weedsport Weedsport CSD Chemung Town of Ashland Town of Baldwin Town of Catlin Town of Erin Town of Horseheads Town of Southport Town of Veteran Village of Millport Chenango Norwich City School District Otselic Valley CSD Clinton City of Plattsburgh Mooers VFD Town of Altona Town of Beekmantown Town of Black Brook Town of Chazy Town of Clinton Town of Dannemora Town of Ellenburg Town of Mooers ALLIANCE 1994 by County (Jan 2022) Clinton (Continued) Town of Peru Town of Saranac Village of Dannemora Village of Rouses Point Cortland Cortland County Soil and Water Town of Truxton Village of Homer Delaware Walton CSD Dutchess JH Ketchum Hose Company Town of Beekman Town of Dover Town of East Fishkill Town of Hyde Park Town of LaGrange Town of North East Town of Pine Plains Town of Pleasant Valley Town of Red Hook Town of Rhinebeck Town of Union Vale Village of Fishkill Village of Millerton Village of Rhinebeck Village of Tivoli Erie Lackawanna CSD Town of Aurora Town of Boston Town of Brant Town of Colden Town of Concord Town of Eden Town of Newstead Town of Wales Village of Akron Village of Blasdell Village of Depew Village of Farnham Village of Kenmore Village of Lancaster Erie (Continued) Village of North Collins Village of Williamsville Greene Town of Ashland Town of Halcott Town of Lexington Town of Windham Village of Tannersville Hamilton Lake Pleasant CSD Piseco Common SD Town of Morehouse Village of Speculator Herkimer City of Little Falls East Canada Creek VFD East Herkimer VFD Newport Joint FD Town of Columbia Town of Danube Town of Fairfield Town of Frankfort Town of German Flatts Town of Herkimer Town of Litchfield Town of Little Falls Town of Manheim Town of Norway Town of Ohio Town of Russia Town of Salisbury Town of Schuyler Town of Stark Town of Webb Town of Winfield Village of Dolgeville Village of Frankfort Village of Herkimer Village of Ilion Village of Middleville Village of Newport Village of Poland Village of West Winfield Jefferson Village of Ellisburg Village of Mannsville Madison Town of Eaton Town of Nelson Monroe Town of Brighton Town of Penfield Town of Rush Town of Wheatland Village of Webster Montgomery Village of Nelliston Nassau City of Long Beach Roslyn Water District Sanitation District No. 7 Village of Baxter Estates Village of East Williston Village of Floral Park Village of Garden City Village of Great Neck Plaza Village of Malverne Village of Mineola Village of New Hyde Park Village of Old Westbury Village of Plandome Village of Westbury West Hempstead UFSD Niagara I own of Somerset Oneida Town of Kirkland Town of Westmoreland Village of Holland Patent Onondaga Town of Fabius Town of LaFayette Town of Marcellus Town of Otisco Town of Salina Town of Skaneateles Town of Spafford Town of Tully Village of Camillus Village of East Syracuse Onondaga (Continued) Village of Jordan Village of Liverpool Village of Manlius Village of Marcellus Village of Minoa Town of Pompey Village of Solvay Village of Tully Orange City of Newburgh Town of Cornwall Town of Goshen Town of Hamptonburgh Town of Highlands Town of Monroe Town of Mount Hope Town of New Windsor Town of Palm Tree Town of Wallkill Town of Warwick Village of Florida Village of Goshen Village of Highland Falls Village of Kiryas Joel Village of Maybrook Village of Monroe Village of Montgomery Village of Warwick Village of Washingtonville Oswego Village of Phoenix Putnam Carmel Fire District Town of Patterson Town of Southeast Village of Cold Spring Rensselaer City of Rensselaer East Schodack VFD #1 Raymertown Fire District Town of Berlin Town of Brunswick Town of Hoosic Rockland Town of Stony Point Village of Chestnut Ridge Village of Haverstraw Village of Hillburn Rockland (Continued) Village of Hillburn VFD Village of Nyack Village of Piermont Village of Pomona Village of Sloatsburg Village of Spring Valley Village of Upper Nyack Village of Wesley Hills Village of West Haverstraw West Haverstraw VFD Schenectady Town of Niskayuna Town of Princetown Town of Rotterdam Village of Delanson Schoharie Town of Blenheim Town of Broome Town of Cobleskill Town of Conesville Town of Esperance Town of Fulton Town of Gilboa Town of Summit Village of Cobleskill Village of Richmondville Village of Schoharie Schuyler Town of Cayuta Town of Orange Town of Tyrone Village of Watkins Glen Seneca Town of Ovid St. Lawrence Town of Piercefield Steuben City of Corning Town of Bath Town of Cohocton Town of Corning Town of Erwin Town of Erwin Urban Town of Rathbone Town of Wayne Village of Riverside Village of South Corning Suffolk Center Moriches UFSD Town of Babylon Town of Smithtown Town of Southampton Town of Southold Village of Amityville Village of Lindenhurst Village of North Haven Village of Northport Village of Ocean Beach Village of Patchogue Village of Port Jefferson Village of Sag Harbor Village of Saltaire Village of Westhampton Beach Tioga Owego Apalachin CSD Spencer Van Etten CSD Town of Owego FD Waverly CSD Tompkins Town of Caroline Town of Dryden Town of Enfield Town of Ulysses Village of Freeville Village of Lansing Wayne Wayne County Water and Sewer Westchester Rye Town Park Comm. Town of Bedford Town of Greenburg Town of North Castle Town of Ossining Town of Pound Ridge Town of Rye Village of Dobbs Ferry Village of Irvington Village/Town of Mount Kisco Village of Pelham Village of Sleepy Hollow Village of Tarrytown Resolution No. 2022 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PURCHASE OF A PORTABLE SPEED TRACKING DEVICE 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 26th day of April 2022 at 7:00 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, the Police Department would like to purchase a Portable Speed Tracking Device to be used to help control speed limits within the Town; and WHEREAS, three (3) quotes were solicited, with the lowest quote received from Kustom Signals, Inc., 9652 Loiret Boulevard, Lenexa, Kansas in the amount of $2,655.00 plus $350.00 for an additional battery, for a total cost of $3,005.00; and WHEREAS, funding is available in the 2022 Police Equipment budget account 001.3120.2100. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the purchase of a Portable Speed Tracking Device from Kustom Signals, Inc., 9652 Loiret Boulevard, Lenexa, Kansas in the amount of $2,655.00 plus $350.00 for an additional battery, for a total cost of $3,005.00; and 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 Perticone voting_________________ Town Board Member Romeo voting_________________ Town Board Member Freeman voting_________________ Town Supervisor Fitzpatrick voting_________________ ka« KUSTOM SIGNALS, INC. 91162 Laird Blvd, Lon ma, KS 66279-2406 9t3-492-1400 Fax 913-4921702 sale akustomagnais.com wvniv.tarsiomsgnals.aom Date 03/09/2022 To... OFFICER JONATHON LAWTON IRONDEQUOIT POLICE DEPARTMENT 1300 TITUS AVE ROCHESTER NY 14617-4125 Quotation Quote # -798954006052NG Terms Per Approved Terms This Quote Expires on 06/07/2022 Phone 585-336-6000 Fax 585-342-5699 Page 1 of 3 Qtv Product Description UnitPrice SubTotal 1 PMD 12 - 12" Amber LED display with flashing digit, Red/Blue lightbar, and white $2,655.00 $2,655.00 strobe violator alerts, ambient light sensor, Bluetooth, 24 Ah rechargeable battery, AC charger, MUTCD compliant "YOUR SPEED" sign, and FREE Kustom Console Android app 0 Includes Shipping and Handling $0.00 0 $0.00 0 Options to consider $0.00 0 50 Watt Solar Panel (not reccomended for frequent changes in sign location) $728.00 0 Additional 24Ah Li -Ion battery (provides around 5 days) $350.00 0 Android Tablet with Bluetooth loaded with Kustom Console App for wireless display $275.00 programming and traffic data retrieval 0 Spare mounting kit - includes mounting bracket, strap kit, and sign post mounting $125.00 hardware. 0 Portable PMD padded carry case with pockets & shoulder strap P/N 035-0626-00 $215.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Signature Ita9/tttitlezot, * Applicable Sales Tax Not Included. Seller may charge Buyer a 25% restocking fee. $2,655.00 Toll Free 800-4KUSTOM (800-458-7866) Resolution No. 2022-_____________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION TO DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY 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 26th day of April, 2022, at 7:00 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, the Department of Public Works uses certain equipment to perform services for the Town, and from time to time such equipment needs to be replaced or is no longer used; and WHEREAS, each piece of equipment listed on the attached Addendum “A” is several years old and no longer used by the Town; and WHEREAS, the Town intends to auction the Equipment at an online auction to occur in May 2022. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby declares said equipment (serial numbers set forth in Addendum “A,” which is attached hereto and made a part hereof) as surplus and authorizes the Town Supervisor to execute and deliver such documentation as necessary to auction said Equipment at the next appropriate municipal equipment auction. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member _____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ Addendum “A” DPW Miscellaneous Equipment Year Fleet # Description ______ KVS# Highway 2006 133 International 7600, VIN #1HTWZAHR36J229691, 07478 miles 69134, exhaust leek, large battery draw Old 147 Swenson Spreader salt insert Old 144 Tenco, salt insert; model # TCD-6-AS-SS, Serial #22771 Old 140 Tenco one-way plow; model #TCO-11S-55-SR-ST, serial #26337 5 Ton Gantry with Jet hoist, 07415 Dig crew 16 Stihl roadcut saw, TS420 Sidewalk plow blower Trackless, model #B-3, serial #2059 Pallet various Trackless Sidewalk Plow parts Sanitary Sewers 2016 Exmark Lazer X Series, Ser # 316626342 04093 Ridgid SeeSnake; CS6Pak, Monitor, Ser # 157-008532 Ridgid SeeSnake; MinVPak, Monitor, Ser # 145-003819 06834 Ridgid SeeSnake; CS6x Versa, Monitor, Ser # 165-004825 Ridgid SeeSnake; Mini Camera Reel 200 ft Ser # 21-043851 Parks 2017 Jacobsen 14’ field mower, serial #XB000377 003571 Boat docks aluminum, 2 – 5’ x 30’, 2 – 5’ x 22’, 1 – 3’ x 20’ Boat dock wood deck 3’ x 20’ Cemetery Stihl weed eater; Model# FS94R serial #298604579 Stihl weed eater; Model# FS94R serial #298604797 Resolution No. 2022-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING CONTRACT WITH REFEREES FOR SUMMER AND FALL 2022 WOMEN’S SOCCER LEAGUES 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 26th day of April 2022, at 7:00 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, the Town of Irondequoit desires to contract with a vendor providing referee services for the 2022 Summer and Fall Women’s Soccer Leagues; and WHEREAS, these referee services are paid for with fees received from league participants and have been appropriated for this purpose in account # 7140.4120.0000.7147; and WHEREAS, pursuant to Town Code Section 51-10, the Recreation Department sought three quotes for referee services, and All Sport Assigning/Francisco Marino was the lowest quote received; and WHEREAS, the Town of Irondequoit seeks to contract for recreational programming referee services with All Sport Assigning/Francisco Marino in the amount of $50/game ($1050/season) to be paid in two payments in each season of $525.00 (last payment each season includes additional $100 End of Season Administration Payment). NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Supervisor to enter into a contract with All Sport Assigning/Francisco Marino for recreational programming referee services in the amount of $50/game ($1050/season) to be paid in two payments each season of $525.00 (last payment each season includes additional $100 End of Season Administration Payment) in such form as 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 __________ Town Supervisor Fitzpatrick voting __________ 3 QUOTE RECORDING SHEET DATE: PAGE: 1 OF 1 DEPARTMENT: Irondequoit Recreation PROJECT: 2022 Women's Soccer Officiating DATE REQUIRED: Pat Nothnagle PHONE/FAX: 585-415-1953 PHONE/FAX: 585-455-7827 PHONE/FAX: 585-889-4848 QTY PRICE TOTAL UNIT TOTAL UNIT TOTAL ITEM/DESCRIPTION PER PRICE PRICE PRICE PRICE PRICE 1 Game 42 (Spring & Fall)$50.00 $2,100.00 Does Not Do Soccer No Response TOTAL $2,100.00 $0.00 $0.00 WNY Referee Frank Marino AllSport Assigning RocSports Referee Pricing for Women's Soccer League 4/8/202210:51 AM 3 quote recording sheet-Soccer Ref 1 TOTAL #REF!#REF!#REF! REQUESTED BY: Jennifer Kazak PURCHASE ORDER NO.:CHARGE TO ACCOUNT NO.: 7140.4120.0000.7147 COMMENTS: 2 Seasons; 2 Payments per season. 4/8/202210:51 AM 3 quote recording sheet-Soccer Ref 2 Resolution No. 2022-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH VENDORS FOR THE TOWN’S 2022 FARMERS’ MARKET AND GAZEBO CONCERT SERIES 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 26th day of April 2022, at 7:00 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, Town Board Resolution No. 2021-270 authorized the Supervisor to enter into agreements for 2022 Special Events with final approval and/or ratification by the Town Board; and WHEREAS, pursuant to that resolution, the Town of Irondequoit’s 2022 Farmers’ Market and Gazebo Concert Series will occur between May 26 and September 8, 2022; and WHEREAS, it was necessary for the Town of Irondequoit to contract with vendors providing entertainment services pursuant to Addendum “A”, which is attached hereto and made a part hereof; and WHEREAS, these vendors are paid for with funds from the Special Events budget in account 246.0246.4122. NOW THEREFORE BE IT RESOLVED, that the Town Board approves the agreements listed in Addendum “A”, for the Town of Irondequoit’s 2022 Farmers’ Market and Gazebo Concert Series. AND BE IT FURTHER RESOLVED, that the Town Board grants authority to the Town Supervisor to execute any and all documents related to these agreements 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 __________ Town Supervisor Fitzpatrick voting __________ Farmers’ Market and Gazebo Concert Series ADDENDUM “A” VENDOR/ENTERTAINER SERVICE PROVIDED VENDOR COMPENSATION Don Newcomb Band Musical Entertainment - Gazebo Series $200.00 The Feedback Band Musical Entertainment - Gazebo Series/ Classic Car Show $350.00 Irondequoit Concert Band Musical Entertainment - Gazebo Series $250.00 Midnight Storm Musical Entertainment - Gazebo Series $350.00 Mike Pappert Musical Entertainment - Farmers’ Market $100.00 Third Degree Musical Entertainment - Farmers’ Market $350.00 Amy Montrois Trio Musical Entertainment - Farmers’ Market $300.00 Dake/Irondequoit High School Jazz Bands Musical Entertainment - Farmers’ Market $0.00 Latriste & Frequency Musical Entertainment - Farmers’ Market $250.00 Irondequoit Concert Band Musical Entertainment - Farmers’ Market $250.00 8 Days a Week Musical Entertainment - Farmers’ Market $350.00 Big Mike and the Motivators Musical Entertainment - Farmers’ Market $300.00 Rock N Blues All Stars Musical Entertainment - Farmers’ Market $350.00 It’s My Party Musical Entertainment - Farmers’ Market $500.00 Eternity Musical Entertainment - Farmers’ Market $250.00 The FOG Musical Entertainment - Farmers’ Market $300.00 The Feedback Band Musical Entertainment - Farmers’ Market $350.00 Marianna Musical Entertainment – Farmers’ Market $200.00 Rock-It-Science Musical Entertainment - Farmers’ Market $350.00 Resolution No. 2022-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH VENDORS FOR THE TOWN’S 2022 FOURTH OF JULY CELEBRATION 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 26th day of April 2022, at 7:00PM 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, Town Board Resolution No. 2021-270 authorized the Supervisor to enter into agreements for 2022 Special Events with final approval and/or ratification by the Town Board; and WHEREAS, pursuant to that resolution the Town of Irondequoit’s 2022 4th of July Celebration will occur on Sunday, July 3rd and Monday, July 4th, 2022; and WHEREAS, it is necessary for the Town of Irondequoit to contract with vendors providing services, such as food, games, and entertainment pursuant to Addendum “A”, which is attached hereto and made a part hereof; and WHEREAS, these vendors are paid for with funds from the Special Events budget. NOW THEREFORE BE IT RESOLVED, that the Town Board approves the agreements listed in Addendum “A”, for the Town of Irondequoit’s 2022 Fourth of July Celebration. AND BE IT FURTHER RESOLVED, that the Town Board grants authority to the Town Supervisor to execute any and all documents related to these agreements 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 __________ Town Supervisor Fitzpatrick voting __________ ADDENDUM “A” 4TH of JULY CELEBRATION VENDORS – 2022 April 26, 2022 VENDOR/ENTERTAINER SERVICE PROVIDED VENDOR COMPENSATION Downbeat Percussion Parade Entertainer $1,000 Eastridge Marching Band Parade Entertainer $1,000 Grease Paint Alley Clowns, Inc. Parade Entertainer $300 Rochester Scottish Pipe Band Parade Entertainer $700 Prime Time Brass Parade Entertainer $1,000 Feadon & Pipe Band Parade Entertainer $700 Towpath Vol. Fife & Drum Parade Entertainer $1,000 Midnight Storm Entertainer $350 Mitty & The Followers Entertainer $350 Up2Something Entertainer $1,000 Nik Lite/Stick Man Bands, Inc. Entertainer $1,800 Jenna & the Journeyman Entertainer $400 NightFall Entertainer $300 Monica Hall Band Entertainer $700 Irondequoit Concert Band Entertainer $500 Young Explosives July 4th Firework Display $15,000 Adventures In Climbing West Lawn Entertainment $3,700 Heart to Heart Morgans West Lawn Entertainment $1,000 Arlene’s Costumes/Airbrush Tattoo West Lawn Entertainment $585 ADDENDUM “A” 4TH of JULY CELEBRATION VENDORS – 2022 April 26, 2022 VENDOR SERVICE PROVIDED VENDOR FEE PAID TO TOWN American Legion Post #134 Beverage Services 50% of net sales Bruster’s Food Vendor $1,500 Kolassa Enterprises/Scott Kolassa Food Vendor $1,000 Bay Vista Taqueria Food Vendor $1,100 M and M Fun Foods, LLC/Mark Longwell Food Vendor $850 Meat the Press Food Vendor $1,100 Nancy’s Fried Dough Multiples Food Vendors $2,500 Red Osier Beef Products LLC Food Vendor $850 The Big Cheese/Jack Kolassa Food Vendor $1,200 Street Dogs/Casper De Mauro Food Vendor $850 Tom Wahls Food Vendor $1,100 Rob’s Kabobs Food Vendor $1,100 Island Wraps Food Vendor $450 Rochester Kettle Corn Food Vendor $850 Steve & Al’s Steakout Food Vendor $450 Sugary Delights Food Vendor $400 Knox & Sons Games $1,800 Resolution No. 2021-_____________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT WITH ROCSPORTS FOR UMPIRE SERVICES FOR TOWN SPONSORED RECREATIONAL LEAGUES AT MCAVOY PARK 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 26th day of April 2022, at 7:00 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, the Town of Irondequoit provides umpire services for Town sponsored recreational leagues at McAvoy Park; and WHEREAS, pursuant to Section 51-10 of the Irondequoit Town Code, the Town requested three written quotes for umpiring services; and WHEREAS, the rates attached here as Exhibit A, which is attached hereto and made a part hereof, from RocSports was the lowest quote the Town received. WHEREAS, funds have been appropriated for this purpose in accounts # 001.7140.4420.0000.7147 and # 6772.4120.0000.6775. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to enter into a contract with RocSports for umpire services from May 2022 through December 2022 at the rates listed in Exhibit A. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member _____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Fitzpatrick voting _______ Exhibit A 3 QUOTE RECORDING SHEET DATE: 3/22/22 DEPARTMENT: Irondequoit Recreation YAGl: 1 Uh 1 PROJECT: Softball Umpires 2022-2023 Seasons DATE REQUIRED: 3/21/2022 RocSports - Pat Nothnagle rocs unyeraho0.COm Rochester District Umpires Association -Chuck Healyl 'PO Box 1201, Pittsford, NY 14534 PHONE/FAX: residentaprdua orq CWNY Softball Umpires -Lou Bagnara PHONE/FAX: Ibagnara@rochesterrr coin PHONE/FAX: Pat 455-7827 ITEM/DESCRIPTION Umpires for Senior Softball Leagues QTY PRICE PER TOTAL PRICE UNIT PRICE _ _ TOTAL PRICE UNIT PRICE TOTAL PRICE l Ump- S �i� $42.00 No Longer Does SP Softball +nly HS Softball and Summer Tournaments lump -M J $32.00 2 Ump $64.00 TOTAL 50.00 $0 00 3/22/20221:21 PM 3 quote recording sheet -Softball Umpire S SORA - Disbanded PHONE/FAX: PHONE/FAX: PHONE/FAX: ITEM/DESCRIPTION QTY PART NUMBER UNIT PRICE TOTAL PRICE PART NUMBER UNIT PRICE ' TOTAL PRICE PART NUMBER UNIT PRICE TOTAL PRICE I Additional Charge if Applicable TOTAL - $0-00 50 00 $0.00 REQUESTED BY: }moiler Xazak PURCHASE ORDER NO.: CHARGE TO ACCOUNT NO.: COMMENTS' - 3/2270221:21 PM 3 quote recording sheet -Softball Umpire 2 QUOTE REQUEST FORM Town of Irondequoit - Recreation Department DATE: 03/14/22 PAGE: 1 OF 1 DIVISION: Recreation 'VENDOR/CONTACT PROJECT: 2022 Year Senior Softball Umpires DATE TO BE RETURNED BY: Monday, March 21, 2022 ITEM/DESCRIPTION QTY Date of Time of Service Service Location of service COST 2 Umpires - Single Game/day Additonal Notes 5/5/22 - 12/31/22 Morning Games are Thurs. 9:30, 10am Night Games are Mon./Wed. at 5:45, 7, 8:15, and 9:30pm McAvoy Park 1615 Winton Rd N. Rochester, NY 14609 2 Umpires - Multiple Games/day 5/5/22 - 12/31/22 Morning Games are Thurs. 9:30, 10am Night Games are Mon./Wed. at 5:45, 7, 8:15, and 9:30pm McAvoy Park 1615 Winton Rd N. Rochester, NY 14609 1 Umpire - Single Game/day (Make-up) Sporadic, but on pre- selected day McAvoy Park 1615 Winton Rd N. Rochester, NY 14609 REQUESTED BY: Jenna Kazak Total cost: RocSports Umpire Assignment Info Sheet — March 22, 2022 RffIiIIRT What: In 2022 we will once again offer USSSA umpire assignment services for adult softball leagues. Where: Servicing Monroe County Leagues When: May through October Next Steps: If interested please contact us at rocsportsny(yahoo.com or you can call Pat at 455-7827 or Jim at 203-6298. Service Agreement 2021 Fee Structure: A. Game fee of $42.00 each will be paid for all single games, and $32.00 each will be paid for all multiple game assignments B. A fee of $64.00 will be paid for each game where two umpires are requested D. A fee of $18.00 will be paid for all games that are not played to completion of a legal game. Any game(s) canceled after 5:00 PM on game day and for which the umpire is not able to be notified, the $18.00 fee will be charged. Payment Method: A. Billings will occur on the first and fifteenth of the month. Net amount due in full within 15 days of billing date. Services may be suspended for non-payment B. RocSports will be notified of any and all game(s) cancellations NO LATER THAN ninety (90) minutes prior to the scheduled game time(s). Failure to make the proper notification will constitute the $18.00 incomplete game fee as stated above. C. RocSports will receive AT LEAST forty-eight (48) hours notification of any additions or rescheduling of game(s). 1. With proper notification, the RocSports assignor should be able to provide the official(s) as needed. 2. Without proper notification, the RocSports assignor may not be able to provide the official(s) as needed. Failure to provide services for these games will not constitute a "no show" on the part of RocSports. 3. Late additions or changes may be billed at the single game fee of $42.00 PER GAME. D. Forfeits will be considered as complete games. RULES: Any rules established by local league will supersede and take precedence over the USSSA rule book, which will otherwise be used to govern play. Local league has the right to refuse the services of any individual umpire, if a written request is received, reviewed, and mutually agreed to by both parties pending the review. RocSports will be responsible for maintaining its own liability insurance, which will protect them from any claims which may result from this agreement. In order for this insurance to be in effect, Local League must register all teams with the USSSA. The cost for each adult Slow Pitch team is $ 25.00. RocSports will provide a contact number to be used in the event an umpire does not show. The Representative making the call will be informed as to the status of having an umpire to the best of the ability of the RocSports Representative handling the call. In full acknowledgment of the above stated terms, I/We hereby render our legal signature(s) in full acceptance of this agreement for a period of time from April 1st, 2022 until completion of the softball season. Dated: , 2022 Local League Name/Town & Representative Name/Signature RocSports Representative For More Information Please Contact Pat Nothnagle (585-455-7827) or Jim Muir (585-203-6298); Email — rocsportsny@yahoo.com Jennifer Sergeant From: Chuck Healey <chucksgym@aol.com> Sent: Monday, March 14, 2022 5:06 PM To: Jennifer Sergeant Subject: Re: 2022 Softball Umpire Quotes Jenna - the RDUA has decided to no longer work slow pitch softball on any level. Thank you for contacting us. Chuck Original Message From: Jennifer Sergeant <jkazak@irondequoit.gov> Sent: Mon, Mar 14, 2022 4:00 pm Subject: 2022 Softball Umpire Quotes Good Afternoon, I hope this e-mail finds you well. Irondequoit Recreation is preparing for their upcoming softball season and the Town is sending this quote request for umpires to local associations to provide officiating for our Summer Men's Softball Leagues. Attached you will find the documentation to provide a quote for the 2022 year. The details are in the spreadsheet, but if you have any further questions, please don't hesitate to reach out and ask. If your organization cannot fulfill the requested requirements, please respond back to notify us. Responses are due prior to Monday, March 21. Thank you, Jenna Jenna Kazak I Recreation Supervisor — Adult/Senior Programming Town of Irondequoit I Department of Recreation Office: 585.336.6077 I Direct: 585.336.6078 irondequoitrec.com 1 154 Pinegrove Ave, Rochester, NY 14617 vpONDEpNO/T 41Mor Jennifer Sergeant From: Lou <lbagnara@rochester.rr.com> Sent: Monday, March 14, 2022 10:49 PM To: Jennifer Sergeant Subject: RE: 2022 Softball Umpire Quotes Jennifer Sorry to say it but our organization only services Girls Fast Pitch Softball High School and Summer Travel Tournaments. We are not able to help you. Lou From: Jennifer Sergeant <jkazak@irondequoit.gov> Sent: Monday, March 14, 2022 4:00 PM Subject: 2022 Softball Umpire Quotes Good Afternoon, I hope this e-mail finds you well. Irondequoit Recreation is preparing for their upcoming softball season and the Town is sending this quote request for umpires to local associations to provide officiating for our Summer Men's Softball Leagues. Attached you will find the documentation to provide a quote for the 2022 year. The details are in the spreadsheet, but if you have any further questions, please don't hesitate to reach out and ask. If your organization cannot fulfill the requested requirements, please respond back to notify us. Responses are due prior to Monday, March 21. Thank you, Jenna Jenna Kazak I Recreation Supervisor — Adult/Senior Programming Town of Irondequoit I Department of Recreation Office: 585.336.6077 Direct: 585.336.6078 irondequoitrec.com 1154 Pinegrove Ave, Rochester, NY 14617 cgOND EQUD/T 1 Resolution No. 2022 - ________ EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE AN AMENDMENT TO AN AGREEMENT WITH CARDCONNECT, LLC FOR CREDIT CARD SERVICES AND LEASING OF CARD READER FOR SPECIAL EVENTS 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 26th day of August 2022, at 7:00 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, the Town of Irondequoit Recreation Department currently utilizes credit cards for payment for program registrations, facility reservations, and special events as forms of payment accepted; and WHEREAS, pursuant to General Municipal Law Section 5, the Town Board may by resolution authorize entry into agreements to receive payments and other charges by credit card, subject to the Town’s written procurement policies and procedures; and WHEREAS, pursuant to resolution 2020-290, the Town Board authorized the Supervisor to enter into an agreement for the lease by the Recreation Department of credit card readers from CardConnect, LLC (the “Original Agreement”); and WHEREAS, pursuant to resolution 2021-211, the Town Board authorized the Supervisor or Acting Supervisor to enter into an additional agreement with CardConnect, LLC to add an additional card reader for use by the Recreation Department; and WHEREAS, the Recreation Department wishes to lease an additional card reader for Special Events, for an additional $30/month, and therefore the parties now wish to enter into an Addendum to Merchant Processing Agreement; and WHEREAS, funds have been appropriated for this purpose in Account #234-0234-4650; and WHEREAS, the Town Board determines that it is in the interests of the Town and its residents to enter into an Addendum to Merchant Processing Agreement with CardConnect, LLC for the lease of an additional card reader as set forth more fully above. NOW, THEREFORE BE IT RESOLVED, the Town Board authorizes the Supervisor to enter into an Addendum to Merchant Processing Agreement with CardConnect, LLC for the additional leasing of a card reader, in substantially the form as annexed hereto and 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 Perticone voting_____________ Town Board Member Romeo voting ____________ Town Board Member Freeman voting ____________ Town Supervisor Fitzpatrick voting ____________ CardConnect Devices & Terminals ADDENDUM TO MERCHANT PROCESSIN G A G REEMENT By signing up for CardConnect's monthly hardware/ device pricing option, you acknowledge and agree to the following terms: LEGAL BUSINESS NAME DATE MERCHANT ID EQUIPMENT TYPE PURCHASED (P) or RENTED (R) QUANTITY COST PER UNIT MONTHLY COST (PER UNIT) TOTAL COST OF EQUIPMENT 1.This addendum adds the applicable terms for your rental or purchase of the above-listed devices and terminals (the Equipment) to your merchant processing agreement. Bank, however, is not a party to the addendum and the words we, our, and us refer only to Processor and not to Bank. The terms of your merchant processing agreement and the terms of this addendum apply to your purchase or rental of Equipment, but if anything in this addendum directly conflicts with your merchant processing agreement, this addendum will control. 2.If you are renting Equipment, you will pay us the above-stated monthly fee per unit. If you are purchasing Equipment, you will pay us the above-stated total cost per unit before we ship the Equipment to you. You will also pay, or reimburse us for, all applicable taxes and shipping costs. This addendum will govern any additional purchase or rental of Equipment at the total cost and monthly fee disclosed to you at the time of the additional purchase or rental. 3.Title to purchased Equipment (and risk of loss for it) will transfer to you when the purchased Equipment is delivered to the carrier that is responsible for shipment. We retain all ownership of and title to rented Equipment. 4.This addendum will terminate upon termination of your merchant processing agreement. CardConnect may also separately terminate this addendum upon 30 days prior written notice to you. No later than 10 busi­ ness days after termination of this addendum, you will return any rented Equipment in good repair (ordinary wear and tear excepted). (;) 1000 Continental Drive, Suite 300 I King of Prussia, PA 19406 (\ 877.828.0720 (81 infa@cardconnect.com CardConnect Devices & Terminals ADDENDUM TO MERCHANT PROCESSING AGREEMENT S.We warrant that any purchased Equipment will be free from manufacturer-induced defects in materials or workmanship for one year beginning on the date of this Addendum. We will replace or repair, free of charge (other than applicable shipping costs), any (a) purchased Equipment that fails in normal use during the one-year warranty period, or (b) any rented Equipment that fails in normal use during the term of this addendum (the Replacement Program). The Replacement Program does not cover: (i) loss, destruction, or theft, (ii) any damage caused during shipping (iii) cosmetic damage and normal wear and tear; (iv) damage caused by accident, abuse, misuse, water (in excess of specifications), flood, fire, or other acts of nature or external causes; (v) damage caused by improper installation or maintenance, or by services performed by anyone who is not an authorized service provide; or (vi) damage to Equipment that has been modified or altered without our prior written permission (collectively, Non-Covered Damage). We may, in our sole discretion, charge you a fee for replacements or repairs of any purchased Equipment after the one-year warranty period expires. If we replace any Equipment under this Section, you are responsible for returning the defective Equipment no later than 10 business days after receiving the replacement Equipment. 6.Replacement Equipment can be requested by contacting Merchant Solutions at 1-877-828-0720. When returning Equipment under this addendum, you will follow the instructions set forth on support.cardcon­ nect.com/equipment. If you do not return any Equipment when required by this addendum, we may charge you for the total cost of applicable unit. 7.You will keep all rented Equipment adequately insured against loss by fire, theft and all other hazards (comprehensive coverage). Non-Covered Damage to rented Equipment does not relieve you of your obliga­ tion to pay the monthly rental fee. You may not sublease any rented Equipment and you must keep all Equipment free of claims, liens, and legal processes initiated by creditors. 8.Except as expressly set forth in this addendum, we disclaim all warranties (express or implied) related to the Equipment or this addendum, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. We are not responsible for your testing (including payment processing tests) or actual use of the Equipment. The individual signing below is signing on behalf of the business identified above and must be the same individual that signed your merchant processing agreement. Authorized Signature Print Name and Title (;) 1000 Continental Drive, Suite 300 I King of Prussia, PA 19406 (\ 877.828.0720 (81 info@cardconnect.com Resolution No. 2022- EXTRACT OF MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING ENTRY INTO AN AFFILIATION AGREEMENT BETWEEN MONROE COMMUNITY COLLEGE AND IRONDEQUOIT DEPARTMENT OF RECREATION 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 26th day of April 2022 at 7:00 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, the Department of Recreation provides an extension of Monroe Community College’s (“MCC”) education and training program for MCC’s Sports Management students, and the Department of Recreation and MCC wish to enter into an Affiliation Agreement setting forth the relationship between them; and WHEREAS, the Affiliation Agreement provides that MCC will be responsible for the planning, development, implementation of and faculty staffing of the educational program, and the Department of Recreation will be responsible for providing students with internships in recreation by collaborating directly with Recreation staff; and WHEREAS, MCC will purchase liability insurance covering its students and faculty and will name the Department of Recreation as additional insured thereon, and will further indemnify the Department of Recreation and Town of Irondequoit for any claims arising from or in connection with the educational program; and WHEREAS, the Affiliation Agreement will promote the recreation field by encouraging students to pursue careers in recreation, by endowing students with practical training in marketing, event management, administration, communication, sales, promotion, negotiation, and facility management; and WHEREAS, the Director of Recreation recommends entering into the Affiliation Agreement, and the Town Board has determined that the Affiliation Agreement is in the best interests of the Town, its residents, and the Department of Recreation. NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to enter into the Affiliation Agreement in substantially the form attached hereto, as approved and modified 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 __________ Town Supervisor Fitzpatrick voting __________ 1 Affiliation Agreement This agreement (“Agreement”) is made as of the last date executed, by Monroe Community College (“MCC”), with an address of 1000 East Henrietta Road, Rochester, New York 14623, and the Town of Irondequoit (“Town”), with an address of 1280 Titus Avenue, Rochester, NY 14617, on behalf of the Town’s Department of Recreation (“Department of Recreation”). Witnesseth WHEREAS, MCC provides education and training for students enrolled in its Sports Management Program, and the Department of Recreation provides an extension to this training by providing internships to MCC students, including sports management internships; and WHEREAS, MCC and the Town on behalf of its Department of Recreation wish to enter into this Agreement setting forth the relationship between them and establishing their responsibilities and obligations; and WHEREAS, the Town of Irondequoit Board, by Resolution No. ____ of 2022, authorized the Supervisor of the Town of Irondequoit to enter into and execute this Agreement. NOW, THEREFORE, in consideration of the covenants, agreements, and conditions hereinafter expressed, the sufficiency of which the parties expressly acknowledge, the parties mutually agree as follows: 1. MCC will be responsible for the planning and implementation of the education program in Sports Management, including administration, curriculum content, and Faculty appointments. 2. The Department of Recreation will retain full and final responsibility for its customers and clients. 3. The Department of Recreation will provide selected MCC Sports Management students opportunities that may include, but are not limited to: field experience in various areas of Sports Management such as marketing, event management, administration, communication, sales, promotion, negotiation, and facility management by working directly with Department of Recreation employees. 4. MCC expects reporting of any irregularity, at the time it occurs, to the MCC Program Director of the Sports Management program. 5. MCC agrees to purchase and maintain liability insurance covering its students and faculty. MCC will name the Town and Department of Recreation as additional insured persons on all such insurance policies with respect to students participating in the educational program described herein, and will provide certificates 2 evidencing such insurance to the Town within 10 days of the effective date of this Agreement, and on an annual basis thereafter. 6. MCC hereby covenants and agrees to indemnify, defend, and hold harmless the Town and its Department of Recreation and their officers, agents, and employees, from and against any and all claims, liabilities, obligations, damages, losses and expenses, whether contingent or otherwise, including reasonable attorneys’ fees and costs of defense, arising from the acts, omissions, or negligence of MCC officers, agents, employees, or students made during or arising in connection with participation in the program and internships described herein. 7. Town of Irondequoit hereby covenants and agrees to indemnify, defend, and hold harmless MCC and its officers, agents, and employees, from and against any and all claims, liabilities, obligations, damages, losses and expenses, whether contingent or otherwise, including reasonable attorneys' fees and costs of defense, caused by the gross negligence of Town of Irondequoit or its Department of Recreation and their officers, agents, or employees occurring during or arising in connection with participation in the program and internships described herein. 8. Students participating in the program at the Department of Recreation shall in no event be considered employees of the Town or Department of Recreation. 9. Appropriate MCC and Department of Recreation personnel agree to periodic meetings for the purpose of evaluating the relationship and facilitating cooperation. 10. Appropriate MCC and Department of Recreation personnel will agree to the numbers of students and their specific dates of assignment prior to the beginning of each academic semester. 11. The Department of Recreation reserves the right to discontinue the affiliation of any student. MCC retains all rights concerning the continuation of the student in the Sports Management program. 12. The Department of Recreation will assign a qualified person to supervise each student. 13. There will be no exchange of monies between the Town or the Department of Recreation and MCC in connection with this Agreement. 14. The term of this Agreement shall be for three years from the effective date, and may be renewed for up to two additional one-year terms. 15. This Agreement may be terminated by either party upon providing written notice to the other party. 16. The parties will take reasonable and appropriate measures to protect the 3 health and safety of student participants. The parties will follow all state and local health protocols, and if required, provide Personal Protective Equipment to students. 17. The Parties represent and warrant that they currently, and for the term of this Agreement will continue to be, in compliance with all applicable laws, regulations, and public directives, including, but not limited to, those issued in times of an emergency, regarding the health and safety of the public and MCC students. Failure to comply with this provision will be considered a material breach of this Agreement. 18. The parties prohibit discrimination based on race, color, religion, sex, sexual orientation, pregnancy, familial status, gender identity or expression, age, genetic information, national or ethnic origin, physical or mental disability, marital status, veteran status, domestic violence, victim status, criminal conviction, or any other characteristic or status protected by state or federal laws. 19. If any provision of this Agreement shall be held invalid or unenforceable by a competent judicial authority, such provision shall be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 20. This Agreement constitutes the entire agreement between the parties, and supersedes any and all prior proposals, negotiations and agreements, whether written or oral. Any modification or amendment to this Agreement shall be void unless in a writing executed by the parties hereto. 21. No waiver of any breach of any condition of this Agreement shall be binding unless in writing and signed by the party waiving such 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. 22. This Agreement shall be governed by and under the laws of the State of New York. In the event of any dispute arising under this Agreement, venue for the resolution of such dispute shall be in the county of Monroe, New York. 23. This Agreement shall be construed without regard to any presumptions against the party causing the same to be prepared. 24. Each signatory to this Agreement represents and warrants that he/she/it is authorized to sign on behalf of and to bind the party for whom he/she/it signs. 25. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute a single, fully executed Agreement. 4 Monroe Community College Town of Irondequoit _______________________________ __________________________________ Darrell K. Jachim-Moore Rory Fitzpatrick Interim CFO and Vice President Town Supervisor Administrative Services (Date)__________ (Date)__________ A signed copy will be forwarded to Dr. Elizabeth Kelly, Program Director, Monroe Community College and Doug Henneberg, Professor & Chair, Monroe Community College 3/11/2022 Resolution No. 2022 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH RIDGE-CULVER FIRE DISTRICT AND LAURELTON 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 26th day of April, 2022 at 7:00 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, the Ridge-Culver Fire District (“Ridge-Culver”) and the Laurelton Fire District (“Laurelton”) have determined to consolidate into a single fire district, to be known as the Irondequoit Fire District, pursuant to the New N.Y. Government Reorganization and Citizen Empowerment Act; and WHEREAS, Ridge-Culver and Laurelton have endorsed a proposed joint consolidation agreement, and the effective date of the proposed joint consolidation agreement is May 16, 2022; and WHEREAS, the proposed joint consolidation agreement is scheduled to be heard at a public hearing on May 5, 2022, at Ridge-Culver’s fire station; and WHEREAS, should the proposed joint consolidation agreement be approved and take effect, the Town Board shall be required to appoint the five commissioners and a single treasurer of the newly formed Irondequoit Fire District; and WHEREAS, the Boards of Fire Commissioners of Ridge-Culver and Laurelton have determined that, to ensure continuity, the Board of Fire Commissioners for the Irondequoit Fire District should be made up of fire commissioners presently serving as fire commissioners for the component fire districts, and they have agreed among themselves who among them should serve as the initial slate of fire commissioners and treasurer for the Irondequoit Fire District; and WHEREAS, the Town Board agreed with the fire districts’ determination, and with Ridge- Culver and Laurelton wished to enter into a memorandum of understanding (“MOU”) pursuant to which the Town will state its intention to appoint the following persons as the initial five commissioners of the Irondequoit Fire District and the treasurer of the Irondequoit Fire District, as follows: a. Commissioner: Charles Ingersoll (Present Laurelton Fire Commissioner); b. Commissioner: Mark Lipari (Present Ridge-Culver Fire Commissioner); c. Commissioner: Richard Turner (Present Laurelton Fire Commissioner); d. Commissioner: Timothy Warth (Present Ridge-Culver Fire Commissioner); e. Commissioner: Scott Zampatori (Present Ridge-Culver Fire Commissioner); and f. Treasurer: Mary Sulyma. WHEREAS, provided that the proposed joint consolidation agreement is formally approved, the Town Board will appoint the above-named commissioners and treasurer at the Town’s workshop meeting scheduled for May 10, 2022; and WHEREAS, the Board of Fire Commissioners for Ridge-Culver, acting as Lead Agency, conducted a coordinated review of the proposed action under the State Environmental Review Act, and determined that the proposed consolidation would not have a significant adverse environmental impact, and issued a negative declaration on March 30, 2022; and WHEREAS, Section 119-o of the General Municipal Law authorizes municipal corporations, defined to include towns and fire districts, to enter into agreements for the performance amongst themselves or one for the other of their respective functions, powers and duties on a cooperative basis; and WHEREAS, the Town Board believes that the MOU is in the best interests of the Town and its residents. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to enter into the Memorandum of Understanding with Ridge Culver Fire District and Laurelton Fire District, in substantially the form annexed hereto as Exhibit A and in 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ MEMORANDUM OF UNDERSTANDING FOR APPOINTMENT OF FIRE COMMISSIONERS FOR THE IRONDEQUOIT FIRE DISTRICT THIS MEMORANDUM OF UNDERSTANDING made this day of 2022, by and among the Town of Irondequoit, a New York municipal corporation having a principal place of business at 1280 Titus Avenue, Rochester, New York 14617 (the "Town"), the Ridge -Culver Fire District, a New York Fire District, having a principal place of business at 2960 Culver Road, Rochester, New York 14622 ("Ridge -Culver"), and the Laurelton Fire District, a New York Fire District, having a principal place of business at 405 Empire Blvd., Rochester, New York, 14609 ("Laurelton). WHEREAS, the Boards of Fire Commissioners for Ridge -Culver and Laurelton have been engaged in discussions to consider whether to consolidate into a new fire district to be known as the Irondequoit Fire District; and WHEREAS, the Board of Fire Commissioners for Ridge -Culver acting as Lead Agency conducted a coordinated review of the proposed action under the State Environmental Review Act, and determined that the proposed action would not have a significant adverse environmental impact, and issued a negative declaration on March 30, 2022; and WHEREAS, the Boards of Fire Commissioners for Ridge -Culver and Laurelton endorsed a proposed joint consolidation agreement on March 30, 2022, which if adopted would result in the consolidation of a the component fire districts into a newly formed Irondequoit Fire District, effective as of May 16, 2022; and WHEREAS, a public hearing to consider the proposed joint consolidation agreement is scheduled to take place on May 5, 2022, at 7:00 p.m., at Ridge-Culver's Fire Station, located at 2960 Culver Road, Rochester, New York 14622; and WHEREAS, the parties have determined that the Town's town board shall appoint the fire commissioners and treasurer of the newly established Irondequoit Fire District pursuant to Town Law §174(1); and WHEREAS, the Boards of Fire Commissioners for Ridge -Culver and Laurelton believe that it is important to ensure continuity that the Board of Fire Commissioners for the Irondequoit Fire District should be made up of fire commissioners presently serving as fire commissioners for the component fire districts, and they have agreed among themselves who among them should serve as the initial slate of fire commissioners and treasurer for the Irondequoit Fire District; and WHEREAS, the parties believe that the initial slate of Fire Commissioners should be in place on or before the effective date for consolidation in order to ensure there are no gaps in emergency medical service and/or fire service coverage. NOW THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the adequacy and receipt of which each party acknowledges by his or its signature below, the parties agree as follows: 1. Appointment of Commissioners. Pursuant to Town Law §174(1), the Town Board of the Town of Irondequoit agrees to appoint the following individuals to serve as the initial five fire commissioners for the Irondequoit Fire District: a. Charles Ingersoll (Present Laurelton Fire Commissioner); b. Mark Lipari (Present Ridge -Culver Fire Commissioner); c. Richard Turner (Present Laurelton Fire Commissioner); d. Timothy Warth (Present Ridge -Culver Fire Commissioner); and e. Scott Zampatori (Present Ridge -Culver Fire Commissioner). 2. Treasurer. Pursuant to Town Law § 174(1), the Town Board of the Town of Irondequoit agrees to appoint the following individual to serve as the initial treasurer for the Irondequoit Fire District: Mary Sulyma. 3. Timing of Appointment. In order to ensure continuity and no gap in service coverage, the appointments provided for above shall take place on or before the effective date of the proposed joint consolidation agreement—i.e., May 16, 2022. IN WITNESS WHEREOF, each party has caused this agreement to be executed by its duly authorized representative on the date set forth below. Dated: , 2022 TOWN OF IRONDEQUOIT Rory Fitzpatrick, Supervisor Dated: , 2022 RIDGECULVERFIREDISTRICT Timothy Warth, Chairman Dated: , 2022 LAURELTONFIREDISTRICT Richard Turner, Chairman 2 Resolution No. 2022-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH VENDORS FOR THE TOWN’S JUNETEENTH CELEBRATION At a regular meeting of the Town Board of the Town of Irondequoit, Monroe C ounty, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 26th day of April 2022, at 7:00 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 Resolution No. 2021-250, the Town Board adopted the 2022 Holiday Schedule, including the Juneteenth Celebration on the dates of June 17, 2022 and June 18, 2022 (“Juneteenth”); WHEREAS, Town Board Resolution No. 2021-270 authorized the Supervisor to enter into agreements for 2022 Special Events with final approval and/or ratification by the Town Board; and WHEREAS, pursuant to that resolution the Town of Irondequoit’s 2022 Juneteenth Celebration will occur on June 17, 2022 and June 18, 2022; and WHEREAS, it is necessary for the Town of Irondequoit to contract with vendors providing services, such as food, games, and entertainment pursuant to Addendum “A”, which is attached hereto and made a part hereof; and WHEREAS, these vendors are paid for with funds from the Special Events budget. NOW THEREFORE BE IT RESOLVED, that the Town Board approves the agreements listed in Addendum “A”, for the Town of Irondequoit’s Juneteenth Celebration. AND BE IT FURTHER RESOLVED, that the Town Board grants authority to the Town Supervisor to execute any and all documents related to these agreements 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 __________ Town Supervisor Fitzpatrick voting __________ ADDENDUM “A” JUNETEENTH CELEBRATION VENDORS – 2022 VENDOR/ENTERTAINER SERVICE PROVIDED VENDOR COMPENSATION Womba Africa Drumming and Dance Performance for this year’s Annual Juneteenth Celebration Not to Exceed $800.00 Viatran Inc. To purchase Juneteenth T-shirt for Youth Volunteers and for resale at Juneteenth Not to exceed $200.00 Resolution Number 2022 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR THE HERITAGE HERO RUN & STROLL & ROLL 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 26th day of April 2022 at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Patrina Freeman John Perticone Kimie Romeo Peter Wehner Harter Secrest & Emery LLP Town Supervisor Town Board Member Town Board Member Town Board Member Town Board Member Attorney for the Town Town Board Member offered the following resolution and moved its adoption: WHEREAS, the Town Clerk's Office received an application from Heritage Christian Services to hold their Heritage Hero Run & Stroll & Roll event to benefit Heritage Christian Services, a local non-profit organization supporting thousands of children and adults with developmental disabilities in the Rochester and Buffalo areas; and WHEREAS, the organization employs more than 2,300 people; and WHEREAS, proof of current insurance, which expires on December 31, 2022, has been reviewed and approved by the Town Insurance carrier; and WHEREAS, all affected residents of the event will be notified before the event. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the Special Event License for the Heritage Hero Run & Stroll & Roll event to be held on Saturday, September 10, 2022, beginning at 8:00 a.m. at Seabreeze Amusement Park and ending at 12:30 p.m., upon the condition that Heritage Christian Services have notified all affected residents. 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 Town Board Member Town Board Member Town Board Member Town Supervisor Wehner Perticone Romeo Freeman Fitzpatrick voting voting voting voting voting Once all approved: Give a copy to Barb to put on the Board Meeting for final approval. When final approval is given, call applicant to tell them it's all approved and mail them a copy with the resolution. Chief Alan Laird, IPD Bill Dyrland Fire Marshal Erin Magee, DPW Comm To: Distribution From: Debbie Twilliger, Town Clerk's Office Date of Application: 02-18-2022 Date of Event: 09-10-2022 Re: Application for Heritage Hero Run & Stroll & Roll Alan, Please read the attached Event Application. It requires your review and approval. Please review, approve and forward interoffice mail to Bill Dyrland in the Fire Marshal's office in the next three business days. Bill, Please read the attached Event Application. It requires your review and approval. Please review, approve and forward interoffice mail to Erin Magee in the DPW's office in the next three business days. Erin, Please read the attached Event Application. It requires your review and approval. Then please send back to Debbie Twilliger in interoffice mail as soon as possible so we are able to get it on the agenda for the town board meeting for approval. Thank you for your prompt attention to this matter! Attachment: Heritage Christian Services Event Name: Heritage Hero Run & Stroll & Roll Event Date: September 10,2022 /i.,4,1-affej/6P--d /f/2(11/) FOR TOWN USE ONLY: Festivals, Carnivals / Events/ Runs Application Fee $20.00 Date Received: 1.5,d6,2 By: Insurance a Approval by Clerk: /S aivog r/oF,7� Police Department Approval: Fire Marshal Approval: Department of Public Works: Town Clerks Office: Signatp e t Date Signature Date Security Deposit (If Applicable) Amount Taken: Received by: Date Received: FOR TOWN USE ONLY: cx9 t,70 3d67,71 APPLICATION FEE RECEIVED: tYl YES ❑ NO BARRICADE USAGE FEE: $ TOWN CLERK APPRIVAL: DATE: / / POLICE APPROVAL: DATE: / / POLICE FEE: $_ RECEIVED: DYES ❑ NO DATE: I / FIRE MARSHAL APPROVAL: DATE: I / COMMISSIONER OF D.P.W. APPROVAL: DATE: / l TOWN OF IRONDEQUOIT APPLICATION FOR PARADE/WALK/RUN A NON-REFUNDABLE FEE OF $20.00 IS REQUIRED AT THE TIME OF APPLICATION TYPE OF EVENT: ❑ PARADE ❑ WALK ® RUN EVENT NAME: Heritage Hero Run + Stroll + Roll DATE OF EVENT: September 10, 2022 RAIN DATE: N/A PURPOSE OF EVENT: Fundraiser NAME OF SPONSOR ORGANIZATION: Heritage Christian Services ADDRESS: 275 Kenneth Dr. Suite 100 Rochester, NY 14623 DAYTIME TELEPHONE: 585-340-2000 EVENING TELEPHONE: CELL #: 585-397-2090 FAX #: E-MAIL: knash@heritagechristianservices.org TIME OF EVENT: FROM 8:00AM TO 12:30PM TIME & LOCATION OF ASSEMBLY: 6:30AM Volunteers arrive at Seabreeze Amusement Park TIME & LOCATION OF DISBANDMENT: 9:45AM Runners will be off the course. 12:30PM is the end of event inside the par NUMBER OF PARTICIPANTS EXPECTED: 300 NUMBER OF VOLUNTEER MARSHALS: 35-40 EVENT TO TAKE PLACE: ❑ STREET ❑SIDEWALK ® BOTH IS AREA TO BE BLOCKED OFF? ® YES ❑ NO IF YES, PLEASE SPECIFY: 5K on Seabreeze Dr and 2 round -a -bouts. 10K crosses Culver Rd by Breezeway ARE BARRICADES NEEDED? ❑ YES 0 NO (A FEE WILL BE ASSESSED FOR BARRICADE USAGE) IF YES, PLEASE INDICATE LOCATIONS WHERE BARRICADES ARE TO BE SET UP: ALL AFFECTED RESIDENTS MUST ME NOTIFIED OF EVENT. HAVE YOU NOTIFIED ALL AFFECTED RESIDENTS? ❑ YES El NO IF NO, NUMBER INFORMED: Fliers will be distributed 2 months prior to the event. PLEASE LIST THE NAMES AND ADDRESS OF ANY RESIDENT OPPOSED TO THIS EVENT, USE A SEPERARE SHEET OF PAPER IF NECESSARY: NAME: ADDRESS: NAME: ADDRESS: HAVE YOU RECEIVED ROUTE CLEARANCE (IF APPLICABLE) (I.E. REGIONAL TRANSIT AUTHORITY)? ❑ YES ONO BUS RE-ROUTING MUST BE CLEARED BY APPLICAT WITH THE REGIONAL TRASIT AUTHORITY Moriso Geitner, President and CEO HERITAGE CHRISTIAN SERVICES ' February 14, 2022 Town of Irondequoit 1280 Titus Avenue Rochester, NY 14617 Subject: Request for holding the Heritage Hero Run + Stroll + Roll in Irondequoit To Whom It May Concern, The Heritage Hero Run and Stroll + Roll is a benefit for Heritage Christian Services, a local 501(c)3 nonprofit supporting thousands of children and adults with developmental disabilities in the Rochester and Buffalo areas. The organization employs more than 2,300 people. In 2018 and 2019 we held our event in Irondequoit at Seabreeze Amusement park. We worked with IPD to finalize our 5k and 10k courses to include the southbound lane on Seabreeze Parkway and the path alongside Lakeshore. IPD provided great support for both the 5 and 10k routes, closing southbound traffic for about 1 mile on Seabreeze parkway, and ensuring safe crossing of Culver Road by Breezeway for the 10k race. We are writing to seek the Town of lrondequoit's approval to once again host a portion of our 5K race route on Sebreeze Drive, as well as Culver Road to cross over to the bike path along Sweet Fern / Lakeshore, on Saturday, September 10th. We continue to work closely with the management of Seabreeze Amusement Park, where we'll host the majority of our event. We have also notified the Monroe County DOT about the use/crossing of Culver Road and received the Parade Permit for this year's event, and the City of Rochester has approved use of the bike path. Enclosed, please find the certified maps for the 5 and 10K, created by USATF/RRTC Certifier, Kevin Lucas. We are grateful for your time and consideration and look forward to hearing back from you. Please contact me with any questions you may have. Sincerely, Kelly L Nash Heritage Hero Race Director 585 732-9152 Corporate Office 275 Kenneth Dr., Suite 100 Rochester, NY 14623-4277 Tel.: 585-340-2000 Fax: 585-340-2006 Regional Office 130 John Muir Dr., Suite 106 Amherst, NY 14228-1139 Tel.: 716-743-2020 Fax: 716-743-1838 www.HeritageChristianServices.org TDD: 800-662-1220 Heritage Christian Services is an equal opportunity program provider and employer. Department of Transportation Monroe County, New York Adam J. Bello Thomas J. Frys, P.E. County Executive Acting Director January 25, 2022 Kelly Nash, Race Director Heritage Christian Services 275 Kenneth Drive, Suite 100 Rochester, New York 14623 RE: PARADE PERMIT — 2022 HERITAGE HERO RUN + STROLL + ROLL CULVER ROAD — TOWN OF IRONDEQUOIT Dear Ms. Nash: This is to inform you of the approval to use Culver Road (CR120) from Sea Breeze Drive to Lynn Drive and crossing Culver Road at Breezeway Drive for the purpose of the Heritage Hero Run + Stroll + Roll 5 km and 10 km event. The event will take place on Saturday, September 10, 2022, from approximately 8:00 am to 9:30 am. All emergency departments must be notified by your office of the dates and times of the above activities. This approval is granted with the understanding that the County of Monroe assumes no liability for any injury to any participant or bystander while they are within the County right-of-way. It is also our understanding that the Irondequoit Police Department and volunteer intersection guards will provide traffic control within the approved activities and locations. If you have any questions, please contact John Raymond at 753-7711 or me at 753-7733. Sincerely Brent H. Penwarden, III, P.E. Chief of Traffic Operations and Permits BHP:JR:jlc cc: T. Frys T. Cesario George Nalivyko, Irondequoit Fire Marshal Erin Magee, Acting Commissioner, Irondequoit DPW Alan Laird, Chief, Irondequoit Police Department Julie Tolar-Boasi, RGRTA File H:\Sub\T\TRAFF OPS-PERMITS \ PERMITS \ Parade \ Irond - Heritage Hero 2022.doc 50 West Main Street • Suite 6100 City Place Building • Rochester, New York 14614-1231 (585) 753-7720 ..fax: (585) 753-7730 • www.monroecounty.gov • email: mcdot@monroecounty.gov Debbie Twilliger From: Sent: To: Subject: Attachments: Debbie, Cheryl Darling <CherylD@Paris-Kirwan.com> Tuesday, March 15, 2022 7:39 AM Debbie Twilliger FW: approval for Heritage Hero Run & Stroll 20220314155338.pdf I am sorry for the late response on this. The insurance for this event is approved. Thanks. Cheryl A. Darling, CPCU, MI, AIS, ACSR Account Representative Paris -Kirwan Associates, Inc. 585/461-6436 585/340-1714 Fax )l) PA RI S K RWAN ' �A S S O C I A T E 3. 1 N C. 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If you are not the intended recipient, any review, disclosure, copying, dissemination, distribution or use of this communication is have received this communication in error, please notify the sender immediately by return e - original and all copies of the communication, along with any attachments hereto or links From: Debbie Twilliger <dtwilliger@irondequoit.gov> Sent: Monday, March 14, 2022 4:06 PM To: Cheryl Darling <CherylD@Paris-Kirwan.com>; Barbara J. Genier <bgenier@irondequoit.gov>; Gloria Hunter <ghunter@irondequoit.gov>; Linda Marciano <Imarciano@irondequoit.gov> Subject: FW: approval for Heritage Hero Run & Stroll Sorry forgot to send the application. Here it is. Debbie From: Debbie Twilliger Sent: Monday, March 14, 2022 4:03 PM To: Cheryl Darling <cheryld@paris-kirwan.com>; Barbara J. Genier <bgenier@irondequoit.gov>; Gloria Hunter <ghunter@irondequoit.gov>; Linda Marciano <lmarciano@irondequoit.gov> Subject: approval for Heritage Hero Run & Stroll 1 TOWN OF IRONDEQUOIT "Where the land and waters meet." Est. 1839 EVIDEMNIFICATION AND CONTRIBUTION AGREEMENT To the fullest extent permitted by law, Contractor agrees to indemnify, defend Town of Irondequoit any and all losses, claims, actions, demands, liabilities, or expenses, including but not limited to attorney's fees and all other costs of defense, by reason of the liability imposed by law or otherwise upon Town of Irondequoit for damages because of bodily injuries, including death, at any time resulting therefrom, sustained by any persons, including Contractor's employees, or on account of damages to property, including loss of use thereof, arising directly or indirectly from the performance of Contractor's work or from any of the acts or omissions on the part of Contractor, its employees, agents, representatives, materialmen, suppliers, and/or subcontractors. If such indemnity is made void or otherwise indemnity permitted by law, so as to require indemnification, in whole or in part, to the fullest extent permitted by law. Contractor shall strictly observe and comply with all safety laws, rules and regulations (including but not limited to the Federal Occupational Safety and Health Act, the New York Labor Law, and all regulations promulgated pursuant to such laws) and to provide such protection as necessary to protect its workers and the workers of other contractors. In the event that additional safety measures are required. Contractor agrees that it will install or procure such additional safety measures at its sole expense. To the fullest extent permitted by law, Contractor shall hold harmless, indemnify and defend Town of Irondequoit against all losses, claims, fines or expenses, including but not limited to attorney's fees, resulting from the enforcement of these laws and related acts of its officers, employees, subcontractors, suppliers, and materialmen. 01/25/2022 Heritage Christian Services, Inc. Date (Individual or Company Name) By Z7a4Zej n'e94..4. Signature Daniel E. Ross / VP of Compliance and Risk Managemer Print Name and Office Heritage Hero 5 km Seabreeze Amusement Park, lrondequoit, Now York Measured on: June16, 2018 N1'1810610. Ety Kevin P. Lucas — lu.casinea$urem Effective - _ Ent i�i"�1�.Ct�i77 � �� r• 06/23/2018 tv ms_gatred k E y 12/33120211 Mile t : In Seabreeze Amusement Park at Bumper Cars entrance gate postit2 feet e1 Ion: on south bound Sea Breeze Drive, 61 feet 6" North of median light pole #61 ur� ound � �oS `oet ei ►n.Fs.,n. on South bound Sea Breeze Drive, 31 feet 9" south of median light pole #25 & 41 feet North of power pole RGE #73 on West side of road 2 Mlle 390 feet els atfon: on South bound Sea Breeze Drive, 55 feet 9"" South of median light yeti in Park at gate an East side of Bobsleds, 23 feet 7" West of storm drain at Grove ' Flnlsh pole #27 2 f t el vat, : in Park at 4th post' to Grove A shelter & 11 feet 10" W 1D of storm drain zdi C uLv'I t P1 '— -- racogorirls SAD aaaAss ,cseorr►a� tot Heritage Hero 10 km - Seabreeze Amusement Park, Irondequoit, New York 191031(1. Measured on: May 4, 2019 - By: Kevin P. Lucas — Iucasmeasurementgmail.eom * Effective Measured Marks & Elevations: 05/09/2019 to Start @ 327 feet elevation: in Seabreeze Amusement Park at Bumper Cars entrance gate post 12/31/2029 1 Mile 346 feet elevation: at #24 Keating Dr., 28 feet 7" East of center of driveway on North side of road 2 Mile ED 285 feet elevation: on Lakeside Trail East of Zoo Road, 18 feet East of fire hydrant on West side of trail 3 Mile @ 257 feet elevation: on Lakeside Trail North of Sherry Pond, 71 feet 8" West of storm manhole at white pump box on North side of trail 5 km @ 264 feet elevation: on Lakeside Trail North of Treatment Plant, 160 feet 6" West of gym equipment on North side of trail Turn -Around @ 267 feet elevation: on Lakeside Trail North of Camp Eastman, 55 feet North of trail bollards & 8 feet 4" East of Lakeside Trail sign 4 Mile @ 253 feet elevation: on Lakeside Trail West of Horseshoe Road, 200 meters West of Lakeside Trail sign on North side of trail at Parking Lot C 5 Mlle @ 298 feel elevation: on Lakeside Trail East of Pine Valley Road, 90 meters East trail bench on West side of trail. VtAX125 6 Mile @ 324 feet elevation: in Seabreeze Amusement Park at Sea breeze Grill, 14 feet 3" North of Midway roof post OP Finish 324 feet elevation: in Seabreeze Amusement Park at 4th post to Grove A Shelter & 11 feet 10" West of storm drain 04k A Nom: €N': ltdeVtTT A+1L AT OtTrAgio �4 ]y 1 w cf r4EW ti YORK STATE Workers' Compensation Board CERTIFICATE OF NYS WORKERS' COMPENSATION INSURANCE COVERAGE Ia. Legal Name and address of Insured (Use street address only) lb. Business Telephone Number of Insured Heritage Christian Services, Inc. (585) 340-2000 275 Kenneth Drive, Suite 100 lc. NYS Unemployment Insurance Employer Rochester, NY 14623 Registration Number of Insured Work Location of Insured (Only required if coverage is specifically limited to Id. Federal Employer Indentification Number of Insured certain location in New York State, i.e. a Wrap -Up Policy) or Social Security Number 22-2334190 2. Name and Address of the Entity Requesting Proof of Coverage 3a.Name of Insurance Carrier (Entity Being Listed as the Certificate Holder) The Charter Oak Fire Ins Co Town of Irondequoit 3b. Policy Number of entity listed in box "la": 1280 Titus Avenue Irondequoit, NY 14617 UBOL71327A 3c. Policy effective period: 12/31/21 - 12/31/22 3d. The Proprietor, Partners or Executive Officers are: al included (Only check box if all partners/officers included) ❑ all excluded or certain partners/officers excluded This certifies that the insurance carrier indicated above in box "3" msures the business referenced above in box "la" for workers' compensation under the New York State Workers' Compensation Law. (To use this form, New York (NY) must be listed under Item 3A on the INFORMATION PAGE of the workers' compensation insurance policy). The Insurance Carrier or its licensed agent will send this Certificate of Insurance to the entity listed above as the certificate holder in box "2". The insurance carrier must notify the above certificate holder and the Workers' Compensation Board within 10 days IF a policy is canceled due to nonpayment of premiums or within 30 days IF there are reasons other than nonpayment of premiums that cancel the policy or eliminate the insured from the coverage indicated on this Certificate. (These notices may be sent by regular mail) Otherwise, this Certificate is valid for one year after this form is approved by the insurance carrier or its licensed agent, or until the policy expiration date listed in box "3c", whichever is earlier. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policy listed, nor does it confer any rights or responsibilities beyond those contained in the referenced policy. This certificate may be used as evidence of a Workers' Compensation contract of insurance only while the underlying policy is in effect. Please Note: Upon cancellation of the workers' compensation policy indicated on this form, if the business continues to be named on a permit, license or contract issued by a certificate holder, the business must provide that certificate holder with a new Certificate of Workers' Compensation Coverage or other authorized proof that the business is complying with the mandatory coverage requirements of the New York State Workers' Compensation Law. Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has the coverage as depicted on this form. Approved By: Approved By: William Lawley Jr. (Print name of authorized representative or licensed agent of insurance carrier) 12/28/2021 (Signature) (Date) Title: Managing Partner Telephone Number of authorized representative or licensed agent of insurance carrier: CarrlerPhone Please Note: Only insurance carriers and their licensed agents are authorized to issue the C-105.2 form. Insurance brokers are NOT authorized to issue it. C-105.2 (9-17) www.wcb.ny.gov AC -[7R0 HERICHR-01 CERTIFICATE OF LIABILITY INSURANCE STHOMAS DATE (MM/DD/YYYY) 1/18(2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 1009544 Lawley -A nd o l i na-Ve rd i 441 East Avenue Rochester, NY 14607 INSURED Heritage Christian Services Inc 275 Kenneth Drive, Suite 100 Rochester, NY 14623 COVERAGES CERTIFIC ADDRESS; CONTACT Sondra Thomas AJAME, PHONE (AdG, No, Ext): (585 ) 545-6693 E-MAIL SThornas@lawleyinsurance.com I IA' c, No): (866) 211-4683 INSURER(S) AFFORDING COVERAGE INSURER A : Philadelphia Indemnity Ins Co INSURER B : The Charter Oak Fire Insurance INSURER C INSURER D NAIL # 18058 25615 INSURER E : INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTF� TYPE OF INSURANCE ADDL INSO SUBR MD POLICY NUMBER POLICY EFF (MM/DD1YYYY1• POLICY EXP (MMFDD/YYYYy LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 $ CLAIMS -MADE X OCCUR X PHPK2361359 12/31/2021 12/31/2022 DAMAGE TO RENTED X61=BNSEs {a occurrenczl 1,000,000 $ X See Oth Coy MED EXP (Any one person) 20,000 $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY JECT- X LOC PRODUCTS - COMP/OP AGG $ 3'000°000 OTHER: _ $ A AUTOMOBILE LIABILITY - MBINEeDD INGLE LIMIT $ 1,000,000 X ANY AUTO PHPK2361359 12/31/2021 12/31/2022 BODILYINJURY(Perperson) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ AUTOS ONLY .._. W b AUTOS ONLY (PerraccidentDAMAGE $ $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE 10,000,000 X EXCESS LIAB CLAIMS -MADE PHUB797122 12/31/2021 12/31/2022 AGGREGATE $ 10,000,000 DED X RETENTION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X ' PER STATUTE OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y IN N/A UBOL71327A 12/31/2021 12/31/2022 EL EACH ACCIDENT 1,000,000 $ {OFFICER/MEMBE EXCLUDED? E.L DISEASE -EA EMPLOYEE 1,000,000 $ If describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requi ed) RE: Heritage Hero Run + Stroll + Roll in Irondequoit, NY Town of Irondequoit is an an Additional Insured as respects General Liability when required by written contract. General Liability is on a primary non-contributory basis with respects to the named insured's use of premises as required by written contract. CERTIFICATE HOLDER Town of Irondequoit 1280 Titus Avenue Irondequoit, NY 14617 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TAT7A'rE Workers' Compensation Board CERTIFICATE OF INSURANCE COVERAGE DISABILITY AND PAID FAMILY LEAVE BENEFITS LAW PART 1. To be completed by Disability and Paid Family Leave Benefits Carrier or Licensed Insurance Agent of that Carrier 1a. Legal Name & Address of Insured (use street address only) Heritage Christian Services Inc 275 Kenneth Drive, Suite 100 Rochester, NY 14623 Work Location of Insured (Only required if coverage is specifically limited to certain locations in New York State, i.e , Wrap -Up Policy) 1b, Business Telephone Number of Insured (585) 340-2000 1 c. Federal Employer Identification Number of Insured or Social Security Number 22-2334190 3a. Name of Insurance Carrier Metropolitan Insurance Company 2. Name and Address of Entity Requesting Proof of Coverage (Entity Being Listed as the Certificate Holder) Town of Irondequoit 1280 Titus Avenue Irondequoit, NY 14617 - 3b. Policy Number of Entity Listed in Box "1a" 237847 3c. Policy effective period 01/01/2022 to 01/01/2023 4. Policy provides the following benefits: IX A. Both disability and paid family leave benefits. B. Disability benefits only. C. Paid family leave benefits only. 5. Policy covers: X A. All of the employer's employees eligible under the NYS Disability and Paid Family Leave Benefits Law. B. Only the following class or classes of employer's employees: Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has NYS Disability and/or Paid Family Leave Benefits insurance coverage as described above. Date Signed 01/18/2022 By (A)--1-5'''C- (Signature of insurance carrier's authorized representative or NYS Licensed Insurance Agent of that insurance carrier) Telephone Number (716) 849-8618 Name and Title William Lawley, Jr., Principal IMPORTANT: If Boxes 4A and 5A are checked, and this form is signed by the insurance carrier's authorized representative or NYS Licensed Insurance Agent of that carrier, this certificate is COMPLETE. Mail it directly to the certificate holder. If Box 4B, 4C or 5B is checked, this certificate is NOT COMPLETE for purposes of Section 220, Subd. 8 of the NYS Disability and Paid Family Leave Benefits Law. It must be mailed for completion to the Workers' Compensation Board, Plans Acceptance Unit, PO Box 5200, Binghamton, NY 13902-5200. PART 2. To be completed by the NYS Workers' Compensation Board (Only if Box ac or 5B of Part 1 has been checked) State of New York Workers° Compensation Board According to information maintained by the NYS Workers' Compensation Board, the above -named employer has complied with the NYS Disability and Paid Family Leave Benefits Law with respect to all of his/her employees. Date Signed By (Signature of Authorized NYS Workers' Compensation Board Employee) Telephone Number Name and Title Please Note: Only insurance carriers licensed to write NYS disability and paid family leave benefits insurance policies and NYS licensed insurance agents of those insurance carriers are authorized to issue Form DB-120.1. Insurance brokers are NOT authorized to issue this form. DB-120.1 (10-17) iu 11111111111111111 1111111111111111111111111 iiiuiiiiiiiii11111 DB-120.1 (10-17)