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2022.05.17 RTB Packet
REGULAR TOWN BOARD MEETING MAY 17, 2022 7:00 PM 05-17-2022 7:30 AM PLEDGE OF ALLEGIANCE ROLL CALL SUPERVISOR’S REMARKS & ANNOUNCEMENTS PUBLIC INPUT FINANCIAL REPORT APPROVAL OF MINUTES April 12, 2022 Workshop Meeting April 26, 2022 Regular Town Board Meeting PUBLIC HEARING 5PH2022-1 On the Matter of Adoption of the Irondequoit 2022 Community 7:35 PM Development Block Grant Program 5PH-1 Resolution Authorizing the Adoption of the Irondequoit 2022 Community Development Block Grant Program ITEMS FOR BOARD ACTION Appointments 5A2022-2 Resolution Authorizing the Appointment of a Provisional Full-Time Office Account Clerk in the Comptroller’s Department 5A2022-3 Resolution Authorizing the Appointment of a Permanent Full-Time Assistant to the Comptroller 5A2022-4 Resolution Authorizing the Appointment of a Part-Time Recreation Assistant in the Recreation Department 5A2022-5 Resolution Authorizing the Appointment of a Full-Time Recreation Supervisor in the Recreation Department Assessor 5A2022-6 Resolution Authorizing a Settlement Agreement with Morgan Northside Manor LLC Comptroller 5A2022-7 Resolution Authorizing Capital Lease Financing Agreement with JP Morgan Equipment Finance for One International Dump/Plow Truck for the Bureau of Public Works Human Resources 5A2022-8 Resolution Authorizing the Leave of Absence of a Town of Irondequoit Police Officer ICAT 5A2022-9 Resolution Authorizing Intermunicipal Agreement for Cable Access Television with West Irondequoit Central School District 5A2022-10 Resolution Authorizing the Integration of Social Media Management Program Police 5A2022-11 Resolution Declaring Surplus Property (Timeclocks) 5A2022-12 Resolution Amending Resolution 2019-192 – Authorizing Acceptance of Grant Funding and Memorandum of Understanding 5A2022-13 Resolution Regarding the Establishment of Traffic Control Devices (Culver/Brookdale) 5A2022-14 Resolution Authorizing the Attendance to CVSA Training Public Works 5A2022-15 Resolution Authorizing the Acceptance of a Gift of a Cherry Tree 5A2022-16 Resolution Concerning the Award of Bid for Amerige Park Pump Station Replacement and Increasing the Award of American Rescue Plan Act Funding Recreation 5A2022-17 Resolution Authorizing the Supervisor to Enter into Various Contracts with Vendors for Youth, Family, Adult, Group Exercise and Senior Recreational Programming for Summer 2022 5A2022-18 Resolution Authorizing the Supervisor to Enter into a Personal Trainer Payment Structure Supervisor 5A2022-19 Resolution Authorizing Entry into Professional Services Agreement with Pathway Vet Alliance LLC, d/b/a Veterinary Specialists and Emergency Service 5A2022-20 Resolution Authorizing Execution of Letter Agreement with Town Engineer to Provide Regulation Planning Assistance Town Clerk 5A2022-21 Resolution Authorizing the Special Event License for the E.R.A.S.E. Juneteenth Celebration (Pending) NEXT WORKSHOP MEETING--TUESDAY, JUNE 14, 2022 @ 4:00 PM NEXT REGULAR TOWN BOARD MEETING--TUESDAY, JUNE 21, 2022 @ 7:00 PM Town of Irondequoit Financial Report Month Ending 4/30/22 EXPENSES Fund 001 General (includes cemetery) percent of amended budget 005 Library percent of amended budget 021 Highway # 1, Road Impvts. percent of amended budget 023 Highway # 3, Equipment Maint percent of amended budget 024 Highway # 4, ROW / Winter percent of amended budget 031 Consolidated San. Sewer Dist. percent of amended budget 038 Stormwater Drainage Dist. percent of amended budget 036 LaSalle Landing Sewer District percent of amended budget 039 Rock Beach San, Sewer Dist. percent of amended budget 040 Orland Road San. Sewer Dist. percent of amended budget 051 Sea Breeze Water District percent of amended budget 071 - 098 Lighting Districts percent of amended budget TOTAL Original Amended Budget Budget 24,182,234 24,784,193 2,789,034 2,789,061 3,462,996 3,473,097 1,105,272 1,105,272 SAADI,2.110 1,085,082 1,088,877 3,993,594 4,077,380 876,680 923,325 142 142 8,707 8,707 14,424 14,424 1,136,160 1,136,160 153,000 153,000 38,807,325 39,553,638 Percent Percent Cumulative, Year to Month End of of Budget 407 r- �hQo f"l Expended Encumb'd Available Year Spent & 1, 8 I (o , 070 Balance Elapsed Enc'brd 6,091,257 1,724,819 16,968,116 33.3% 31.5% 24 6% 7.0% 68 5% 974,110 8,672 1,806,279 333% 35.2% 34.9% 0 3% 64-8% 510.082 Q 278,845 O, . 2,684,170 33 3% 22.7% 14.7% _ 8.0% f ti 77.3% 314,174 co 147,393 ,5. 643,705 33 3% 41.8% 28.4% ‘1. 13,3% -7' b' 58.2% 47$,463 119,801 490,613 33.3% 54.9% 43.9%J 11.0%1 45.1% 921,934 412,017 2,743,429 22 6% 10.1% 67.3% 126,247 98,707 698,371 13.7% 10.7% 75 6% 142 0 0 100.2% 0.0% -0 2% 0 0 8,707 0 0% 0.0% 100.0% 0 0 14,424 0.0% 0.0% 100.0% 242,397 0 893,763 21.3% 0.0% 78 7% 33,217 127,033 -7,250 21.7% 83.0% -4 7% 9,692,023 2,917,288 26,944,327 9z,u/ ,all Percent of Amended Budget Spent Percent of Amended Budget Encumbered Total Percent Spent & Encumbered 24.5% 7 4% 33..3% 32.7% 33 3% 24.4% 33.3% 100.2% 33 3% 0.0% 33 3% 0.0% 33 3% 21.3% 33 3% 104.7% 33.3% 31.9% 31.9% Tax Levy Sensitive 32,624,760 33,240,641 8,368,228 2,279,530 22,592,883 33.3% 32.0% Total Spent + Encumbered 10,647,759 25.2% 6 9% 68 0% 32 0% REVENUES Fund 001 General: Real Estate Tax Payment In Lieu of Tax (001-1001) (001-1081) Sales Tax (001-1120) Mortgage Tax (001-3005) AIM -Related Payments-NYS (001-2750) Interest Earnings (001-2401) Franchise Cable TV (001-1170) Recreation Program Fees (001-2001) Cemetery Revenues (001-2190/2665) Fines & Bail Forfeitures (001-2610) Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance Cumulative Original Amended Receipts Balance Budget Budget Through to be This Month Received 11,797,475 11,797,475 11,797,475 0 288,471 288,471 219,620 68,851 5,700,000 5,700,000 0 5,700,000 980,000 980,000 0 980,000 613,283 613,283 0 613,283 5,000 5,000 1,314 3,686 683,500 683,500 -3,677 687,177 871,505 871,505 263,305 608,200 105,000 105,000 22,040 82,960 210,400 210,400 33,362 177,038 2,085,320 2,085,320 281,162 1,804,158 842,280 842,280 842,280 0 24,182, 234 24,182, 234 13, 456, 881 10, 725, 353 Percent of Real Estate Tax 649% Percent of Year Elapsed Percent of Revenue Received 100.0% 76.1% 00% 0.0% 0.0% 26.3% -0.5% 302% 21.0% 15.9% 135% 33 3% 55.6% 32 14, 2022 Printed on 5/5/2022 Page 1 Town of lrondequoit Financial Report Month Ending 4/30/22 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 32,827 76,148 30.1% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 2,789,034 2,789,034 2,712,886 76,148 33 3% 97.3% 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 91,283 1,648,791 5.2% Appropriated Fund Balance 225,000 225,000 225,000 0 Total, Revenue & Fund Balance 5,653,350 5,653,350 4,004,559 1,648,791 33 3% 70.8% 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 5,742 83,780 6.4% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 3,993,594 3,993,594 3,909,814 83,780 33 3% 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 69 20,431 0.3% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 876,680 876,680 856,249 20,431 33 3% 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 33 3% 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 1 -1 #DIV/0! Total Revenue 8,707 8,707 8,566 141 33.3% 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 2 -2 #DIV/0! Total Revenue 14,424 14,424 14,426 2 33 3% 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 1,103,160 275,509 827,651 25.0% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 1,136,160 1,136,160 308,509 827,651 33.3% 27.2% 071 - 098 Lighting Districts District Real Estate Tax 153,000 153,000 153,000 0 100 0% Other Sources of Revenue 0 0 23 -23 Appropriated Fund Balance 0 0 0 0 Total. Revenue & Fund Balance 153,000 153,000 153,023 -23 33 3% 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 1,222,581 13,382,129 8.4% TOTAL 37,740,045 37,740,045 24,357,916 13,382,129 33 3% 64 5% 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 25,425,196 13,382,129 65.5% 2022 Printed on 5/5/2022 Page 2 Town Board Meeting Notes The 2022 financial results for the Town as of April 30: total expenses —actual as well as encumbered —are $12,609k or 31.9% of budget which is lower than the 33.3% of the year that has elapsed. The breakdown is: actual expenses $9,692k and encumbered expenses $2,917k. Encumbrances represent 7.4% of expenditures as departments establish and commit to commodities, services, and supplies that will be needed during the year. The General Fund expenses are below budget at 31.5% or $7,816k. Here is the breakdown: actual expenditures - $6,091k; encumbrances $1,725k. In aggregate, the expenses in the highway funds are $1,849k or 32.6% of budget — On par with the 33.3% of the year that has elapsed. Encumbrances account for $546k (9.6%) and include fuel, salt, paving materials and equipment parts. Expenditures in the Library of $983k are 35.2% of budget. Actual expenses of $974k include a bonded debt payment for the library construction of $481 k (principal & interest). The Sewer Fund expenses are 32.7% of budget equating to $1,334k. Actual expenditures total $922k (22.6%) and encumbrances of $412k account for the remaining 10.1%. The expenses in Stormwater Drainage total $225k-24.4% of budget. Actual expenses are $126k (13.7%) while encumbrances total $99k. 1 The General Fund revenue received is $13,457k or 55.6% of budget. At the end of April, the Town has received $11,797k of real estate tax -100% of budget. 76.1% ($219k) PILOT (Payment In Lieu Of Tax) revenue has been received. Recreation has verified $263k revenue equating to 30.2% of budget. Regarding the entire Town: $25,425k or 65.5% of revenue and appropriated fund balance has been received to -date. Approximately $18,166k of the amount received is real estate tax. At month -end, the Library had received $2,713k or 97.3%of its budgeted revenue. Cumulative highway receipts of $4,005k have been documented representing 70.8% of budget. The sewer fund has received $3,910K-97.9% of that fund's budget. 97.7% of Stormwater Drainage Fund receipts have been received totaling $856k. In addition, American Rescue Funds of $11,227k were received in May 2021. A 2nd (and final) payment is expected in 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. This concludes my financial report for the month of April 2022. 2 WORKSHOP MEETING APRIL 12, 2022 60 Workshop Meeting of the Town Board of the Town of Irondequoit, held in the Broderick Room at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 12th day of April 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 and Michelle Nichols from Planning and Zoning, Communication Assistant Mike Moss, Commissioner of Public Works Erin Magee, Director of Human Resources Jason Vinette and Administrative Assistant Linda Mosley, 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. PRESENTATION: IRONDEQUOIT AMBULANCE (IA): Mr. John DiGiovanni, an officer of the Board of Directors, thanked the Supervisor and Town Board for allowing this presentation regarding the Irondequoit Ambulance District proposal to create an Ambulance District to raise revenue to fund Emergency Medical Services. This revenue is needed to cover personnel costs for increasing call volumes, update and maintain lifesaving equipment and ensure the proper training is delivered to all staff. These funds would be dedicated for delivery of emergency medical services only. Mr. DiGiovanni then gave a brief history of IA. In December of 1981, Irondequoit Volunteer Ambulance Service was incorporated. In the spring of 1982, the Service went into operation. In August of 1982, IA took its first call. At that time, the service was a non- profit community-based organization that was certified to provide quality service to residents of the Town. The mission was to provide free, timely and 24/7 services to the Laurelton and Ridge- Culver Districts. Currently, in 2022, the mission has changed. The service is not free. IA is still a non-profit; patients are billed and there is a budget of $1.3M. Billing income comes from Medicare/Medicaid, private insurance, payments from patients out-of-pocket and some funding comes from grants. Mr. DiGiovanni stated that there are 50 or so paid personnel, full-time and part-time. The service area has grown as IA is responsible for Ridge-Culver, Laurelton, and Point Pleasant. They are the primary advanced life support for Sea Breeze FD and they respond to the St. Paul Fire District when requested. They receive mutual aid from surrounding communities in the City of Rochester. They provide a high level of service, such as having a paramedic on site who can provide life-saving procedures. Mr. DiGiovanni stated that running an advanced life support is expensive. With increased expenses for materials and supplies, along with income not keeping up, IA is looking for a steady stream of supplemental income to allow them to continue serving the community. Without the significant grant money, upgrades to their equipment and facilities could not have occurred. IA is asking the Town of Irondequoit to create an Ambulance Tax District and contract with Irondequoit Ambulance to provide basic and advanced life support to this District. IA wants to continue serving the residents, businesses and visitors. Mr. DiGiovanni stated that this request would cost the taxpayers pennies per thousand. He then turned the program over to Mr. Cassin who reviewed WORKSHOP MEETING APRIL 12, 2022 61 the information in the handout. The current situation finds donations have decreased to about $25,000 annually. IA has received grant funding that was utilized for major capital purchases, such as two ambulances, two cardiac monitors, power gurneys and track stair chairs. The base facility at 2330 Norton Street was also renovated. In the Fall of 2021, the Town designated $250,000 from ARPA Funds to purchase an ambulance and all associated supplies and equipment. They are finding it more difficult to secure grant funding and there is more competition for those funds. The number of volunteers has declined and the staff is now paid. IA is proposing the creation of an Ambulance District to raise revenue to fund EMS. This Ambulance District would raise the funds needed to cover personnel costs and would serve all of Irondequoit. This is important as the calls for service have increased by 91% since 2012. They feel this option is the best way to handle the financial problems of IA and continue to provide good service to the people of Irondequoit. REVIEW OF AGENDA ITEMS FOR APRIL 26, 2022 RTB MEETING: Financial Report: Comptroller Diana Marsh reviewed the 2022 financial results for the Town as of March 31, 2022. Total Actual Expenses and Encumbrances are 24.7% of budget or $9,768,115, which is below the 25% of the year that has elapsed. Actual Expenses are $6,561,312 and encumbered expenses are $3,206,803. Encumbrances are typically high early in the year as departments are committing to services and supplies that will be needed throughout the year. The General Fund Expenses are at 24.6% of budget or $6,093,101. Actual expenditures are $4,191,092 and encumbrances are $1,902,009. Encumbrances include vehicles and equipment ordered in 2021 (not yet received), legal fees, town-wide street lighting and capital lease payments due later in the year. The Highway Fund expenses are $1,636,994 or 28.8% of budget. Expenditures in the Library are under budget at $389,022 or 13.9%. The Sewer Fund expenses are 27.6% of budget, equating to $1,125,259. Expenses in Stormwater Drainage total $188,256 or 20.4% of budget. Actual expenses are $94,000 or 10.1% and encumbrances account for 10.2%. Included in the encumbrances is a vehicle ordered in 2021 and not yet received. The General Fund revenue received is $13,201,975 or 54.6% of budget. Included in revenue is $11,797,475 of Real Estate tax—100% of budget. 76.1% of PILOT (Payment in Lieu of Tax) or $219,000 has been received. Regarding the Entire Town: $24,881,023 or 64.1% of revenue has been received to date. Approximately $18,165,810 of the amount received is Real Estate Tax. The Library has received $2,704,430 or 97% of its budgeted revenue. The Highway Fund has received 70.1% or $3,964,701 of its budgeted revenue. Sewer has received $3,909,714 or 97.9% of that fund’s budget. Stormwater Drainage receipts of $856,231 (97.7%) of budget has been received. In May of 2021, the Town received American Rescue Funds of $11,227,458. 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. To date, approximately $5.6M has been allocated to projects. A special revenue fund has been established to account for these funds. Comptroller Marsh then reviewed the third page of the financial report which presents the first quarter summary and comparison to the prior six years. Regarding expenditures by fund, 24.7% of the total current budget spent and encumbered is lower than the 1st quarter of the previous years. The General Fund revenue of 54.6% is lower than prior years except for 2020—COVID mandated closures. The overall Town Revenue and Fund Balance of 64.1% is comparable to prior years. Approval of Minutes: Minutes from the following meetings to be approved: March 8, 2022 Workshop Meeting March 15, 2022 Regular Town Board Meeting WORKSHOP MEETING APRIL 12, 2022 62 March 18, 2022 Special Town Board Meeting April 1, 2022 Special Town Board Meeting Public Hearing: There will be one (1) public hearing held on April 26th regarding a Special Use Permit for 450 Empire Blvd., 462 Empire Blvd. and 376 Helendale Road in the C-Business District. The Special Use Permit is required to operate a gasoline service station. Appointments: Resolution 1: Authorizing the appointment to the Town of Irondequoit Board of Assessment Review. Assessor Amy Jorstad explained that there is a vacancy on the Board for a 5-year term running October 1, 2021 through September 30, 2026. Assessor Jorstad received three applications and found Steven G. Walther, Jr. to be qualified to serve on the Board. He will be compensated for his services in the sum of $20 per hour. Resolution 2: Authorizing the appointment of a Labor Foreman in the Irondequoit Public Works Department. Commissioner of Public Works Erin Magee explained that there is an opening for a Labor Foreman in the Public Works Department and Scott Davis is recommended to fill this position. Mr. Davis was appointed Acting Labor Foreman and will now be in this position permanently. Mr. Davis is a 16-year employee of the Town and a valued employee. He is also a certified arborist. Commissioner Magee noted his leadership and vision and highly recommends him for this position. Resolution 3: Authorizing the hiring of an Auto Mechanic in the Irondequoit Public Works Department. Commissioner of Public Works Erin Magee explained that due to a vacancy, there is an opening for this position. This is a non-competitive position. Commissioner Magee noted that she, Mark Neuman and Matt Smith interviewed four applicants and they are recommending Gregory Arena, Jr., who currently works for the Town. Commissioner Magee didn’t have time to present another resolution at the Workshop Meeting and will add it to the April 26th meeting. That resolution will be authorizing the hiring of a Senior Maintenance Equipment Operator which is necessary due to a recent retirement. This position runs crews and operates the Town’s heavier equipment among other work. Interviews were held on Monday, April 11th. Commissioner Magee is recommending Scott Petzing for this position. He is a long- time and valued employee of the Town. Resolution 4: Authorizing the appointment of a full- time police officer in the Irondequoit Police Department. Brett Pierson is interested in joining the Irondequoit Police Department as a transfer officer from the Monroe County Sheriff’s Office. Resolution 5: Authorizing the hiring of a provisional full-time Special Events Coordinator in the Irondequoit Recreation Department. Jarie Doberstein has been working in this Department, part- time, organizing and promoting all the special events for the Town since May 2018. She will have to take the civil service exam when it is held and score within the top three to continue in this position. Community Development: Michelle Nichols from Planning and Zoning explained that the first four resolutions from Community Development fill vacancies on the Planning and Zoning Boards. The first appointment named Lou Englert to the Zoning Board of Appeals; the second named Robert E. Monigle as an Alternate on the Zoning Board of Appeals; the third resolution would appoint Nathan Burdick to the Planning Board; and the fourth resolution would appoint Andrae’ Evans as an Alternate to the Planning Board. Michelle stated that notices of these vacancies were posted on the Town’s website, on social media and posted on the Town’s Bulletin Board. There were eight applicants that applied for these appointments. The fifth resolution reaffirms appointments to the Historic Preservation Commission. The Commission Membership consists of the Town Historian Greg Merrick and members Christopher Brandt, Bruce Dumbault, WORKSHOP MEETING APRIL 12, 2022 63 Mark Johns, Tom Knauf, Greg Walther and Sarah Corona. Attorney Andrew Dean stated that the terms of the members should be staggered. Attorney Dean suggested that the Town Board reaffirm the members through the end of this year and then stagger the terms. The term for members is seven years. Additionally, there is a Deer Management Program Board vacancy in the position of resident-member, for the term of October 16, 2021 through October 15, 2022. Attorney Dean explained that there are three members on the Deer Management Program Board—the Supervisor, the Chairperson of the Conservation Board and a Town Board appointed candidate. Comptroller: Comptroller Diana Marsh reviewed two (2) resolutions. The first resolution authorizes an interfund loan from the General Fund to the Capital Project Fund for the REDI Project in the amount of $1.5M. Comptroller Marsh stated that the Town is still waiting for receipt of funding from New York State and this loan will bridge the gap until the funding is received from New York State. The second resolution schedules a public hearing on May 17, 2022 at 7:35 PM regarding the adoption of the Irondequoit 2022 Community Development Block Grant Program. The Town is expecting to receive a block grant from HUD in the approximate amount of $906,128. The Town is required to hold a public hearing on this matter. Human Resources: The Director of Human Resources Jason Vinette explained that the Town is self-insured for its workers’ compensation, which is funded by the Town. The Town wishes to join the NYS Municipal Workers’ Compensation Alliance (Comp Alliance) which is a group self- insurance program. The Program consists of municipalities that have joined together for the purpose of providing the workers’ compensation and employers’ liability coverages required by NYS law. The cost for this is about the same as we normally spend on workers’ compensation but the Town will not have to pay for an excess policy. Joining the Comp Alliance will allow the Town to pool its resources with other Towns in NYS, lead to lower administrative costs and provide for diligent claims management and loss control services tailored to the risks faced by municipalities. Information Technology: The resolution for the Purchase of Access Control and CCTV for buildings throughout the Town and use of American Rescue Plan Act Funding was PULLED. Police: Chief Alan Laird reviewed one (1) resolution authorizing the purchase of a portable speed tracking device. This device will be used for speed tracking and to collect data within the Town. Three quotes were received with the lowest quote coming from Kustom Signals, Inc. in the amount of $2,655 plus $350 for an additional battery. The total cost is $3,005 and the funds are being donated from last years’ Police volunteers. Public Works: Commissioner of Public Works Erin Magee reviewed one (1) resolution declaring certain equipment as surplus property and no longer needed by the Town. This surplus equipment will be auctioned off at the online municipal auction held in May. Recreation: Director of Recreation Katrina Hall reviewed six (6) resolutions. The first resolution authorizes a contract with a vendor providing referee services for the 2022 summer and fall women’s soccer leagues. The referee service fees are paid from fees received from league participants. Three quotes were obtained for these services and All Sport Assigning/Francisco Marino was the lowest quote received. The second resolution authorizes the Supervisor to enter into various contracts with vendors for the Town’s 2022 Farmers’ Market and Gazebo Concert Series. All the fees for the vendors are paid from the Special Events budget. The third WORKSHOP MEETING APRIL 12, 2022 64 resolution authorizes the Supervisor to enter into various contracts with vendors for the Town’s 2022 Fourth of July Celebration. Director of Recreation Katrina Hall stated that these contracts are with vendors for the July 4th celebration and paid from the Special Events budget. The fourth resolution authorizes the Supervisor to enter into a contract with RocSports for umpire services for Town-sponsored recreational leagues at McAvoy Park. Director Hall explained that RocSports submitted the lowest quote. The fifth resolution authorizes the Supervisor to execute an amendment to an agreement with CardConnect, LLC for credit card services and leasing of card reader for special events. Director Hall stated that the person collecting fees for special events will be relocating to the Town Hall and will need an additional card reader to process the payments she receives. The sixth resolution authorizes entry into an Affiliation Agreement between Monroe Community College (MCC) and Irondequoit Department of Recreation. Director Hall explained that MCC would like to host interns at the Community Center. Director Hall recommends entry into the Affiliation Agreement to be in the best interests of the Town. This Agreement will encourage students to pursue careers in recreation and give them the practical training needed to work in this field. Supervisor: There is one (1) resolution to be approved which authorizes a Memorandum of Understanding with Ridge-Culver Fire District and Laurelton Fire District. Town Attorney Andrew Dean explained that in 2009, the State adopted legislation allowing special districts to consolidate and Ridge-Culver and Laurelton Fire Districts have agreed to consolidate. Attorney Dean stated that a public hearing is necessary and is scheduled for May 5th. If the public approves, the Town Board will need to appoint the commissioners. Their Joint Consolidation Plan becomes effective on May 16th. At the Town Board meeting on April 26, a resolution will be presented authorizing entry into a Memorandum of Understanding (MOU) whereby the Town will state its intention to appoint the following persons as the initial five commissioners and the Treasurer of the Irondequoit Fire District. The term for the Commissioners will run to the end of the year and then a vote will be held for Commissioners. Town Clerk: Town Clerk Genier reviewed one (1) resolution approving the Special Event License for the Heritage Hero Run & Stroll & Roll to be held on Saturday, September 10, 2022 beginning at 8 a.m. at Seabreeze Amusement Park and ending at 12:30 p.m. All approvals have been received for this event. ITEMS FOR BOARD ACTION: 4WS2022-1 Resolution Authorizing the Appointment of a Full-time Real Property Appraiser in the Irondequoit Assessor’s Department On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Jeannine Whitaker as a full-time Real Property Appraiser. Assessor Amy Jorstad stated Ms. Whitaker’s background in appraising and real estate make her a good candidate for the position. Assessor Jorstad noted that this resolution was brought to the Workshop meeting so Ms. Whitaker could start as soon as possible. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-098 WORKSHOP MEETING APRIL 12, 2022 65 4WS2022-2 Resolution Authorizing the Appointment of a Full-time Custodian in the Building Maintenance Department On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted approving the permanent appointment of Scott Loiacono as a full- time Custodian in the Building Maintenance Department. Director of Human Resources Jason Vinette explained that this resolution is on the agenda at the Workshop meeting in order to have Mr. Scott Loiacono begin work as soon as possible. Mr. Loiacono is reachable on the current civil service list. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-099 4WS2022-3 Resolution Authorizing the Supervisor to Execute a Revised Commencement Date Agreement with Skyview Phase I LLC On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter into the revised draft of the Commencement Date Agreement with Skyview Phase I LLC Attorney for the Town Andrew Dean explained that in September of 2021 when the Town was getting ready to open the new Community Center, negotiations were begun with the Landlord regarding the Commencement Date Agreement with Skyview. Said document sets the square footage and calculates the rent for the CAM charges each month. Initially, the square footage was measured as 41,339; the Landlord calculated the square footage at 48,000 sf. After several months of negotiations, it was agreed that the square footage was 48,000. Attorney Dean explained that in the Lease, it was specified that the Community Center would be measured in Useable Square Feet. The retail leasing industry uses Leasable Square Feet which is based on the building owners and management’s association regulations. The reason for the 6,000 sf difference is the air space above the gym. The Landlord feels this is leasable space. Attorney Dean noted that the gym is approximately 6,000 sf and takes up two stories, so the air space above the gym adds an extra 6,000 sf to the facility. Attorney Dean further explained why the Town is paying for air space. There is a distinction between a building void and occupant void. A building void is space existing within a common area that is open to all tenants and that is not leasable. An occupant void is present if a tenant’s space is within a tenant’s area of responsibility, the tenant should be charged for that. The architects on both sides agreed that the area above the gym is an occupant void and the tenant should be charged. Attorney Dean calculated the difference in charges and noted the Town would owe an extra $500 a month in rent. He explained that six months ago, the space above the gym was considered to be a building void; once the Town did its buildout and put a wall around the void, it became an occupant void. Attorney Dean did note that there is a contract showing 41,339 sf, but it is not correct. The Board voted to revise the Agreement to show the increased footage and rent. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-100 WORKSHOP MEETING APRIL 12, 2022 66 4WS2022-4 Resolution Authorizing the Supervisor to Enter into an Agreement with the Town of Irondequoit’s Supervisory Unit On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the terms of the tentative Agreement and authorizes the Supervisor to enter into an Agreement between the Town of Irondequoit and the Supervisory Unit #7414-03 Monroe County Local 8298, CSEA, Local 1000 AFSCME, AFL- CIO. Director of Human Resources Jason Vinette explained that a tentative Agreement has been reached regarding the renewal of the Union Contract and he feels this is a good Agreement. The negotiations went well and not much in the contract was changed. Director Vinette noted that there will be a 2% increase each year for the next four years. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-101 4WS2022-5 Resolution Authorizing Capital Lease Financing of One International Dump/ Plow Truck for the Bureau of Public Works On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing capital lease financing for one new 2022 dump/plow truck for the Bureau of Public Works in the total amount of $250,118.94. Comptroller Diana Marsh explained that this vehicle was ordered in January of 2021 and was just received. The Town can now move forward with the financing. Comptroller Marsh stated that she sent out several Requests for Proposals and received two written quotes. JP Morgan Equipment Finance submitted the lowest quote in the total amount of $250,118.94. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-102 The next Town Board meeting will be held on Tuesday, April 26, 2022 at 7 p.m. On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Workshop Meeting was adjourned at 5:18 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk REGULAR TOWN BOARD MEETING APRIL 26, 2022 67 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 26th day of April 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 Assessor Amy Jorstad, Chief of Police Alan Laird, Comptroller Diana Marsh, Michelle Nichols from Planning and Zoning, Director of Recreation Katrina Hall, Commissioner of Public Works Erin Magee and fellow DPW employees, Director of Administration Maria Vecchio, Communication Aide Michael Moss, ICARE members and Town Clerk Genier. Supervisor Fitzpatrick called the Meeting to order, Pledge was said, and Town Clerk Genier called roll. SUPERVISOR’S REMARKS AND ANNOUNCEMENTS: Supervisor Fitzpatrick called Mr. Angelo Collazo to the podium to present him with a Proclamation for his awareness efforts with Osteogenesis Imperfecta (OI), commonly known as the Brittle Bone Disease, and the Ally Shea Project. Supervisor Fitzpatrick read the Proclamation. Mr. Collazo’s daughter was born with OI and lived for 5 weeks. The family has been working to increase awareness of this disease and raise money for research. The Proclamation identifies April 30 to May 7, 2022 as OI Awareness Week. Supervisor Fitzpatrick announced the following important events in Town: *The Department of Public Works will be picking up brush, but the Department is running a bit behind. Please be patient. *The Department of Public Works will be holding an Open House on Saturday, May 14th from 11 a.m. to 2 p.m. at their new facility on E. Ridge Road. *The Recreation Department is now taking summer camp applications and there are still openings in the programs. *The Town will be celebrating Arbor Day on Friday, April 29th at 10 a.m. on the West Lawn. *The Memorial Day Parade will take place on Sunday, May 29th, beginning from Irondequoit High School at 3 p.m. *There will be a Blood Drive held at the Town Hall on Tuesday, May 31, from 11 a.m. to 4 p.m. Please go to redcrossblood.org. to register. Supervisor Fitzpatrick announced that there will be one (1) public hearing held at this meeting on the matter of granting a Special Use Permit for 450 Empire Blvd., 462 Empire Blvd. and 376 Helendale Road in the C-Business District. The Developer would like to build a new 711 convenience store and add 8 gas pumps on the property. PUBLIC INPUT: No one came forward to speak at Public Input. Financial Report: Comptroller Diana Marsh reviewed the 2022 financial results for the Town as of March 31, 2022. Total Actual Expenses and Encumbrances are 24.7% of budget or $9,768,115, which is slightly below the 25% of the year that has elapsed. Actual Expenses are $6,561,312 and encumbered expenses are $3,206,803. Encumbrances are typically high early in the year as departments are committing to services and supplies that will be needed throughout the year. The General Fund Expenses are at 24.6% of budget or $6,093,101. Actual expenditures are $4,191,092 and encumbrances are $1,902,009. Encumbrances include vehicles and equipment ordered in 2021 (not yet received), legal fees, town-wide street lighting and capital lease payments due later in the year. The Highway Fund expenses are $1,636,994 or 28.8% of budget. Expenditures in the Library are under budget at $389,022 or 13.9%. The Sewer Fund expenses are 27.6% of budget, equating to $1,125,259. Expenses in Stormwater Drainage total $188,256 or 20.4% of budget. Actual expenses are $94,000 or 10.1% and encumbrances account for 10.2%. Included in the encumbrances is a vehicle ordered in 2021 and not yet received. The General Fund revenue received is $13,201,975 or 54.6% of budget. Included in revenue is $11,797,475 of Real Estate tax—100% of budget. 76.1% of PILOT (Payment in Lieu of Tax) or $219,000 has been received. Regarding the Entire Town: $24,881,023 or 64.1% of revenue has been received to date. Approximately $18,165,810 of the amount received is Real Estate Tax. The Library has received $2,704,430 or 97% of its budgeted revenue. The Highway Fund has received 70.1% or $3,964,701 of its budgeted revenue. Sewer has received $3,909,714 or 97.9% of that fund’s budget. Stormwater Drainage receipts of $856,231 (97.7%) of budget) has REGULAR TOWN BOARD MEETING APRIL 26, 2022 68 been received. In May of 2021, the Town received American Rescue Funds of $11,227,458. 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. To date, approximately $5.6M has been allocated to projects. A special revenue fund has been established to account for these funds. Comptroller Marsh then reviewed the third page of the financial report which presents the first quarter summary and comparison to the prior six years. Regarding expenditures by fund, 24.7% of the total current budget spent and encumbered is lower than the 1st quarter of the previous years. The General Fund revenue of 54.6% is lower than prior years except for 2020—COVID mandated closures. The overall Town Revenue and Fund Balance of 64.1% is comparable to prior years. On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the Financial Report was approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED APPROVAL OF MINUTES: On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the March 8, 2022 Workshop Meeting Minutes were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the March 15, 2022 Regular Town Board Meeting Minutes were approved. Councilmember Freeman had concerns with how the information on the resolution authorizing the appointment of a Chief Court Clerk was recorded. When discussing this matter at the March 15th Regular Town Board meeting, she asked the Director of Human Resources Jason Vinette if the Chief Court Clerk.position was the Court Administrator position and Director Vinette said it was. She told Director Vinette that she had questions about that and was told by counsel to ask those questions at a meeting. She was concerned because this dialogue was not recorded in the above minutes. Councilmember Freeman moved to have the March 15, 2022 Regular Town Board Meeting minutes Tabled. Motion failed for lack of second. On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the March 15, 2022 Regular Town Board Meeting Minutes were approved as drafted. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Nay Town Supervisor Fitzpatrick Aye On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the March 18, 2022 Special Town Board Meeting Minutes were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the April 1, 2022 Special Town Board Meeting Minutes were approved. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Absent Town Supervisor Fitzpatrick Aye ITEMS FOR BOARD ACTION: 4A2022-2 RESOLUTION AUTHORIZING THE APPOINTMENT TO THE TOWN OF IRONDEQUOIT BOARD OF ASSESSMENT REVIEW On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Steven G. Walther, Jr. to the Board REGULAR TOWN BOARD MEETING APRIL 26, 2022 69 of Assessment Review to complete the 5-year term of a current vacancy which runs from October 1, 2021 through September 30, 2026. Assessor Amy Jorstad explained that there is a vacancy on the Board of Assessment Review for a 5-year term running from October 1, 2021 through September 30, 2026. Assessor Jorstad stated that the position was posted, and three applications were received. All three applicants were interviewed and Steven G. Walther, Jr. is the most qualified and is recommended to fill this position. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-103 4A2022-3 RESOLUTION AUTHORIZING THE APPOINTMENT OF A LABOR FOREMAN IN THE IRONDEQUOIT PUBLIC WORKS DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Scott Davis as a full-time Labor Foreman. Commissioner of Public Works Erin Magee stated that Mr. Davis is a lifelong resident of Irondequoit and joined the Town of Irondequoit in 2006. He has worked in every division of the Public Works Department and most recently became a certified arborist. Commissioner Magee added that Scott’s demeanor, knowledge and intelligence makes him a good candidate for this position. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-104 4A2022-4 RESOLUTION AUTHORIZING THE HIRING OF AN AUTO MECHANIC IN THE IRONDEQUOIT PUBLIC WORKS DEPARTMENT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Greg Arena as a full-time Auto Mechanic. Commissioner of Public Works Erin Magee stated that Mr. Arena began working as a seasonal employee in the Department of Public Works and became a full-time employee in 2021. She noted that Mr. Arena has great work ethics and will be a good addition to the Department. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-105 4A2022-5 RESOLUTION AUTHORIZING THE APPOINTMENT OF A FULL-TIME POLICE OFFICER IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted authorizing the appointment of Brett Pierson as a permanent full- time Police Officer in the Irondequoit Police Department, contingent upon approval by the Civil Service Commission. Chief of Police Alan Laird explained that Officer Brett Pierson is currently employed with the Monroe County Sheriff’s Department. He is a highly decorated Police Officer and will make a good addition to the Department. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-106 4A2022-6 RESOLUTION AUTHORIZING THE APPOINTMENT OF A FULL-TIME PROVISIONAL SPECIAL EVENTS COORDINATOR REGULAR TOWN BOARD MEETING APRIL 26, 2022 70 On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Jarie Doberstein as a provisional full- time Special Events Coordinator in the Department of Recreation. Supervisor Fitzpatrick explained that Ms. Doberstein has worked for the Department in Special Events since May of 2018 on a part-time basis. She is recommended to fill this position and will have to take the civil service exam when it is available. Supervisor Fitzpatrick stated that the Town would not be hiring a Director for Special Events at this time. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-107 4A2022-7 RESOLUTION AUTHORIZING THE APPOINTMENT OF A MEMBER TO THE IRONDEQUOIT DEER MANAGEMENT PROGRAM BOARD On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Marcy Tiberio as a member of the Deer Management Program Board for the term of October 16, 2021 through October 15, 2022. Attorney Andrew Dean explained that the Town has a Deer Management Program Board that hears appeals that arise from the Program. There are three members on the Board, one of who is a Town resident and who cannot be a hunter in the Program. That member is selected by the Town Board. The Board has a vacancy in that position and wishes to appoint Marcy Tiberio, effective from October 16, 2021 through October 15, 2022. She has served on the Board previously. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-108 4A2022-8 RESOLUTION AUTHORIZING THE APPOINTMENT OF A SENIOR MOTOR EQUIPMENT OPERATOR On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Scott Petzing as a full-time Senior Motor Equipment Operator in the Irondequoit Public Works Department. Commissioner of Public Works Erin Magee explained that there is a vacancy in this position and recommends Scott Petzing to fill it. Mr. Petzing has been with the Department for 25 years and has been utilized in all positions within that Department. The Selection Committee was unanimous in the selection of this candidate. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-109 4A2022-9 RESOLUTION FILLING A ZONING BOARD OF APPEALS VACANCY On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Lou Englert to fill a Zoning Board of Appeals vacancy, term expiring on December 31, 2022. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-110 4A2022-10 RESOLUTION AUTHORIZING THE APPOINTMENT OF AN ALTERNATE MEMBER TO THE TOWN ZONING BOARD OF APPEALS On a motion made by Councilmember Wehner, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Robert E. Monigle as an Alternate on the Zoning Board of Appeals, term expiring December 31, 2022. REGULAR TOWN BOARD MEETING APRIL 26, 2022 71 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-111 4A2022-11 RESOLUTION FILLING A PLANNING BOARD VACANCY On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Nathan Burdick to the Planning Board, term expiring December 31, 2024. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-112 4A2022-12 RESOLUTION AUTHORIZING THE APPOINTMENT OF AN ALTERNATE MEMBER TO THE TOWN PLANNING BOARD On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Andrae’ Evans as an Alternate on the Town Planning Board, term expiring December 31, 2025. It was noted that Mr. Evans has served on the Town Zoning Board in the past and welcomed him back to serve as an Alternate on the Town Planning Board. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-113 4A2022-13 RESOLUTION REAFFIRMING APPOINTMENTS TO THE HISTORIC PRESERVATION COMMISSION On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted reaffirming the appointments of the Commission Membership—Tom Knauf, Greg Walther, Christopher Brandt, Bruce Dumbauld, Mark Johns and Sarah Corona, terms expiring on December 31, 2022. Supervisor Fitzpatrick thanked all the volunteers for their time and willingness to serve on the various boards and committees. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-114 4A2022-14 RESOLUTION AUTHORIZING AN INTERFUND LOAN On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the additional interfund loan transfer from the General Fund to Capital Fund 399. Comptroller Diana Marsh explained that the interfund loan of up to $1,500,000 from the General Fund to the Capital Fund 399 is needed for the REDI Project until the State reimburses the Town. This Project is 95% reimbursable from the State. The Town has not yet received the reimbursement and this interfund loan will bridge the gap until the reimbursement is received. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-115 4A2022-15 RESOLUTION AUTHORIZING THE SCHEDULING OF A PUBLIC HEARING PERTAINING TO THE ADOPTION OF THE IRONDEQUOIT 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted scheduling a public hearing for May 17, k2022 at 7:35 p.m. 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. REGULAR TOWN BOARD MEETING APRIL 26, 2022 72 Comptroller Diana Marsh explained that this public hearing will allow the public to address the CDBG Program for the upcoming budget year which begins on August 1, 2022 and ends on July 31, 2022. The Program was reviewed in early April and the sum of the Grant is the same as last year. Supervisor Fitzpatrick thanked the residents who took part in this Grant process. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-116 4A2022-16 RESOLUTION AUTHORIZING CAPITAL LEASE FINANCING AGREEMENT WITH JP MORGAN EQUIPMENT FINANCE FOR ONE INTERNATIONAL DUMP/PLOW TRUCK FOR THE BUREAU OF PUBLIC WORKS On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to execute a Lease Agreement with JP Morgan in the total principal amount of $231,297.16 and said Lease shall contain an option to purchase by the Town. Comptroller Diana Marsh explained that this resolution would authorize the Supervisor to negotiate and execute a Lease Agreement with JP Morgan Equipment Financing in the total amount of $231,297.16 for one International Dump/Plow truck for the Bureau of Public Works. This Lease was approved by the Town Board at the Workshop Meeting held on April 12, 2022. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-117 PUBLIC HEARING: 4PH2022-1 ON THE MATTER OF GRANTING A SPECIAL USE PERMIT 7:35 PM FOR 450 EMPIRE BLVD., 462 EMPIRE BLVD., AND 376 HELENDALE ROAD IN THE C-BUSINESS 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 James Bonsignore, Agent for the applicant, stated that this is an application for the relocation of the 711 convenience store, which is outdated and small. The project will also add a gasoline service station which requires a Special Use Permit. This project has already gone through site plan review and review by the Planning Board. The project was given a positive referral with the following recommendations: neighborhood impacts regarding noise, lights, odors and refuse; hours of operation; pedestrian access and truck traffic. Mr. Bonsignore stated that the neighborhood impacts will not be any different to what is there now, other than from use of the gas pumps. These pumps will be situated perpendicular to the store. He is working with the Planning Board on ingress/egress of the project. The project is not changing anything with regard to the hours of operation and he stated that there hasn’t been much concern from the neighbors about the hours. He noted that the 24-hour operation is critical at that location. The owner is an established person in the neighborhood. He commented that there are no close gas stations in the area; this project will provide a critical component to this neighborhood. When questioned about truck traffic, Mr. Bonsignore stated that truck traffic will be the same as with the old store. The new store will be larger but the products coming into the store will be the same. Councilmember Perticone did say that this service is probably needed in this area but he would like to see more information on some of the issues, such as truck and pedestrian traffic and gas pumps. Mr. Bonsignore did respond to the gas pump questions. There will be a 90’ gas island with four pump stations. There will be one pump on either side, eight pumps all together. The canopy of the island is approximately 45’ from Empire Blvd. so it will not block site lines on Empire Blvd. It is 40’ from Helendale Road so there will be no site line issues with respect to traffic on Helendale. Mr. Bonsignore provided the Board members with a site plan. Councilmember Freeman did mention that there are gas stations in this community—the Refinery, Ouicklee’s, Quick Stop and the Red Apple. Public Hearing Public Input: No one came forward to speak for or against this matter. On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the Public Hearing was closed at 7:55 PM. REGULAR TOWN BOARD MEETING APRIL 26, 2022 73 UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Nay Town Supervisor Fitzpatrick Aye Councilmember Freeman made a motion to hold the Public Hearing open for one more month to give the public an opportunity to speak on this matter. Councilmember Wehner noted that the other matters that have come before the Board regarding convenience stores with gas stations had more engaged people come forward to speak and the Planning Board will handle any site plan issues that arise. Michelle Nichols from the Community Development Department stated that the project is only under sketch plan review before the Planning Board. Mr. Bonsignore stated that there will be a full site plan application and a full public hearing process held on this matter. MOTION FAILED FOR LACK OF SECOND. On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the Public Hearing was closed at 8:03 PM. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Nay Town Supervisor Fitzpatrick Aye 4PH-1 RESOLUTION APPROVING A SPECIAL USE PERMIT FOR 450 EMPIRE BLVD., 462 EMPIRE BLVD., AND 376 HELENDALE ROAD IN THE C-BUSINESS DISTRICT On a motion made by Councilmember Wehner, seconded by Councilmember Romeo, a resolution was adopted approving the Special Use Permit for 450 Empire Blvd., 462 Empire Blvd. and 376 Helendale Road in the C-Business District. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Nay Town Supervisor Fitzpatrick Aye Resolution Number 2022-118 4A2022-17 RESOLUTION AUTHORIZING ENTRY INTO NEW YORK STATE WORKERS’ COMPENSATION ALLIANCE On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted electing the Town to become a self-insurer as to Workers’ Compensation claims against the Town and said election shall become effective on June 1, 2022. Attorney Andrew Dean explained that this is an opportunity for the Town to join the NYS Municipal Workers’ Compensation Alliance to obtain coverage for its employees which will lead to lower administrative costs and provide claim management and loss services. This is a group self-insurance program which consists of municipalities that have come together to provide workers’ compensation and employers’ liability coverages required by NYS law. This election will take effect June 1, 2022 and run through July 31, 2023. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-119 4A2022-18 RESOLUTION AUTHORIZING THE PURCHASE OF A PORTABLE SPEED TRACKING DEVICE REGULAR TOWN BOARD MEETING APRIL 26, 2022 74 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the purchase of a Portable Speed Tracking Device from Kustom Signals, Inc. in the amount of $2,655 plus $350 for an additional battery for a total cost of $3,005. Chief of Police Alan Laird explained that all the money for this purchase was donated by the Police volunteers. The device will be used in areas that have increased traffic. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-120 4A2022-19 RESOLUTION DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted declaring said equipment surplus and authorizing the Supervisor to execute and deliver such documentation as necessary to auction said equipment at the next appropriate municipal equipment auction. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-121 4A2022-20 RESOLUTION AUTHORIZING A CONTRACT WITH REFEREES FOR SUMMER AND FALL 2022 WOMEN’S SOCCER LEAGUES On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing 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 (last payment each season includes additional $100 End of Season Administration Payment). Director of Recreation Katrina Hall explained that she obtained three quotes and All Sport Assigning/Francisco Marino was the lowest most responsible quote received. These services are budgeted and offset by the fees received from league participants. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-122 4A2022-21 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH VENDORS FOR THE TOWN’S 2022 FARMERS’ MARKET AND GAZEBO CONCERT SERIES On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the agreements and authorizing the Supervisor to execute any and all documents related to these agreements. Director of Recreation Katrina Hall explained that this resolution provides a list of vendors for the Farmers’ Market and Gazebo Concert series. These vendors are paid with funds from the Special Events budget. UPON VOTING MOTION WAS UANIMOUSLY APPROVED Resolution Number 2022-123 4A2022-22 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH VENDORS FOR THE TOWN’S 2022 FOURTH OF JULY CELEBRATION On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the agreements for the Town of Irondequoit’s 2022 Fourth of July Celebration. REGULAR TOWN BOARD MEETING APRIL 26, 2022 75 Director of Recreation Katrina Hall explained that the vendors list on Addendum “A” are a mix of entertainers, games and food vendors. These vendors are paid for with funds from the Special Events budget. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-124 4A2022-23 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT WITH ROCSPORTS FOR UMPIRE SERVICES FOR TOWN SPONSORED RECREATIONAL LEAGUES AT MCAVOY PARK On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to enter into a contract with RocSports for umpire services from May 2022 through December 2022. Director of Recreation Katrina Hall explained that she obtained three quotes and RocSports was the lowest quote received. The fees for these services have been appropriated for and are offset by participants’ fees. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-125 4A2022-24 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 On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to enter into an Addendum to Merchant Processing Agreement with CardConnect, LLC for the additional leasing of a card reader. Director of Recreation Katrina Hall explained that her Department already takes credit cards at the Community Center and this resolution would specifically rent a card reader for the Special Events Coordinator whose office is located at the Town Hal and she would need a card reader. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-126 4A2022-25 RESOLUTION AUTHORIZING ENTRY INTO AN AFFILIATION AGREEMENT BETWEEN MONROE COMMUNITY COLLEGE AND IRONDEQUOIT DEPARTMENT OF RECREATION On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to enter into the Affiliation Agreement between Monroe Community College and Irondequoit Department of Recreation. Director of Recreation Katrina Hall explained that this Agreement will encourage students to pursue careers in recreation by endowing them with all aspects of the recreation field. This Agreement offers Sports Management students an opportunity to intern at the Community Center throughout their school year. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-127 4A2022-26 RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH RIDGE CULVER FIRE DISTRICT AND LAURELTON FIRE DISTRICT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter into the Memorandum of Understanding with Ridge Culver Fire District and Laurelton Fire District. Attorney Andrew Dean stated that these two fire districts have decided to merge into a single fire district. The Consolidation Agreement is being heard at a Public Hearing to be held on May 5th REGULAR TOWN BOARD MEETING APRIL 26, 2022 76 at Ridge Culver Fire Station. If the Agreement is approved by the public, the Town Board shall be required to appoint the five commissioners and a single Treasurer of the newly-formed Irondequoit Fire District. The Town Board will have to appoint the temporary Fire Commissioners at the May 10th Workshop Meeting and appoint the permanent Fire Commissioners in January of 2023. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-128 4A2022-27 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH VENDORS FOR THE TOWN’S JUNETEENTH CELEBRATION On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the agreements for the Town of Irondequoit’s Juneteenth Celebration and authorizing the Supervisor to execute any and all documents related to these agreements. Attorney Andrew Dean stated that this resolution would allow the Supervisor to enter into agreements for the Juneteenth Celebration, to be held on June 17 and 18, 2022. At this time, Director of Recreation Katrina Hal noted that she does not have enough information to lay out a budget with how much the event will bring in and what will be spent out. Councilmember Freeman commented that this was done by the former Special Events Director Don Sinton and the new Special Events Coordinator has all the information needed. She said she also has information about the budget from Comptroller Diana Marsh. Supervisor Fitzpatrick was told by Special Events Coordinator Jarie Doberstein that she does not have any information regarding this event. Ms. Doberstein has a record of what was spent, nothing else. Supervisor Fitzpatrick stated that all special events, excluding Winterfest, are monies in and monies out—they pay for themselves. Director Hall noted that at the Farmers’ Market, all the vendors that they bring in to provide entertainment, in order to pay them, the Town needs to bring on a certain amount of vendors so they can offer the entertainment. She noted that she found last year’s paperwork but nothing for 2022. Supervisor Fitzpatrick said that they need to find that information to move forward. He said he has not been a part of the meetings regarding this event and he would like to give it the proper attention it needs. Supervisor Fitzpatrick would like to table this resolution at this time to properly plan this event. He said he was not comfortable with the way it was operated last year—no fees for the other vendors and no contracts, and no Board approval for expenditures. This is a Town event that will be coordinated through the Recreation Department and with the Coordinator of Special Events. Councilmember Freeman than added that this is not a Town event; it is an ICARE event that has been coordinated with the Town. This is an ICARE event. Supervisor Fitzpatrick noted that this fact raises other concerns. A meeting will be held to discuss this matter fully. Councilmember Freeman may bring her legal team or whoever she wishes to said meeting. On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, this resolution has been TABLED. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Nay Town Supervisor Fitzpatrick Aye Councilmember Freeman opposed the motion to TABLE this matter and stated that she has coordinated this event with other community organizations and there has been an ICARE event held since last year. When this matter is being discussed, she would like the ICARE members to be present. Supervisor Fitzpatrick noted that this is a matter that needs more discussion as he is not comfortable with the financial decisions. Councilmember Freeman feels that she is not respected like everyone else on the Town Board and this is unfortunate. 4A2022-28 RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR THE HERITAGE CHRISTIAN SERVICES HERO RUN & STROLL & ROLL EVENT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the Special Event License for the Heritage Christian Services Hero Run & Stroll & Roll Event. REGULAR TOWN BOARD MEETING APRIL 26, 2022 77 Town Clerk Genier stated that this is an annual event, and all approvals have been received. The event will be held on Saturday, September 10, 2022, beginning at 8 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. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-129 Upcoming Meetings: Town Workshop Meeting: Tuesday, May 10, 2022 @ 4 PM Regular Town Board Meeting: Tuesday, May 17, 2022 @ 7 PM . On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the Regular Town Board Meeting was adjourned at 8:18 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk Resolution No. 2022 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING 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 17th day of May, 2022 at 7:00 P.M. local time there were: PRESENT: 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 has received a block grant award from HUD for the 2022 Community Development Block Grant Program, which will begin August 1, 2022 and end on July 31, 2023, in an estimated amount of $906,128; and WHEREAS, the Town has prepared a proposed Community Development Block Grant Program in anticipation of receiving HUD funding for its 2022 program year; and WHEREAS, the proposed Community Development Block Grant Program prepared by the Town reflects the needs and priorities contained in the Irondequoit Consolidated Plan, and also complies with all program rules and regulations promulgated by HUD; and WHEREAS, the Town Board determines that all proposed Community Development Block Grant Program is a Type II action pursuant to 6 NYCRR § 617.5(c)(1), (2), (5), (18), (25), (26), and (27), and therefore no further review pursuant to the New York State Environmental Quality Review Act (“SEQRA”) is required (6 NYCRR § 617.5(a)); and WHEREAS, the Town will comply with the National Environment Protection Act as required by HUD; and WHEREAS, the Town, in accordance with program regulations and its Citizen Participation Plan, has provided its residents with the opportunity to review and comment upon the Irondequoit Proposed Community Development Block Grant Program at a public hearing held at the regular meeting of the Town Board on May 17, 2022. NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the adoption of the Irondequoit 2022 Community Development Block Grant Program and authorizes the Supervisor to execute and deliver such documentation as necessary to submit the Irondequoit 2022 Community Development Block Grant Program to HUD for that agency’s review, and to submit such additional information as may be required by HUD. AND, BE IT FURTHER RESOLVED, that the Town Supervisor, or his designee, is authorized to accept Community Development Block Grant Program funds estimated at $906,128, and to execute contracts and any amendments with HUD for the period of August 1, 2022 through July 31, 2023, subject to HUD approval of the submission. 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 A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF A PROVISIONAL FULL TIME OFFICE ACCOUNT CLERK IN THE IRONDEQUOIT COMPTROLLER’S 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 17th day of May 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 resignation there is an opening for an Office Account Clerk in the Irondequoit Comptroller’s Department; and WHEREAS, this is a competitive civil service position and all qualified candidates that applied were interviewed for this position; and WHEREAS, the Comptroller recommends hiring Tammy Riedl to fill this position; WHEREAS, when the Civil Service Examination is offered Tammy will participate and must score within the top three. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the provisional appointment of Tammy Riedl as a full-time Office Account Clerk to be paid an hourly rate of $18.00 which shall be paid from budget code 001.7140.100.1100.7146. 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 A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPOINTING A PERMANENT FULL TIME ASSISTANT TO THE COMPTROLLER 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 17th day of May 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, Courtney Manuszak was appointed as a provisional Assistant to the Comptroller on December 2nd, 2019 and participated in the Civil Service Examination for this title on December 11, 2021; and WHEREAS, the list was established on April 27, 2022, Courtney has passed the Exam and is reachable per Civil Service guidelines; and WHEREAS, the Comptroller would like to appoint Courtney Manuszak to the position of Assistant to the Comptroller permanently. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the permanent full time appointment of Courtney Manuszak as an Assistant to the Comptroller at an annual rate of $56,380.44, to be paid from budget code 001.1315.0100.1100. 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 PERMANENT APPOINTMENT OF A PART TIME RECREATION ASSISTANT 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 17th day of May 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, there is a need to hire a part-time Recreation Assistant in the Fitness Center; and WHEREAS, this position is budgeted for in the 2022 Town Budget; and WHEREAS, this is a non-competitive position, and no civil service examination is necessary to be eligible for this position; and WHEREAS, the Recreation Director has interviewed several candidates and recommends hiring Mary Lou Ignizio for this position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Mary Lou Ignizio as a part time Recreation Assistant to be paid an hourly rate of $15.00 which shall be paid from budget code 001.7140.0102.1100.7146. 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 A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PERMANENT APPOINTMENT OF A FULL TIME RECREATION SUPERVISOR 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 17th day of May 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 resignation, there is a need to hire a full-time Recreation Supervisor in the Youth and Family Service Division of the Recreation Center; and WHEREAS, this position is budgeted for in the 2022 Town Budget; and WHEREAS, this is a competitive position, and all candidates on the certified list were canvassed according to Civil Service guidelines; and WHEREAS, the Recreation Director has interviewed those candidates interested in the position and recommends hiring Jesse Marano for this title. Marano is reachable per Civil Service guidelines. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Jesse Marano as a full time Recreation Supervisor to be paid an annual rate of $47,882.88 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 AUTHORIZING A SETTLEMENT AGREEMENT WITH MORGAN NORTHSIDE MANOR LLC At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 17th of May, 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 stipulation and consent order for the Article 7 proceedings brought by Morgan Northside Manor LLC, Sonchar LLC, Frontier Mgmt of NY Inc. and Richard Chiarenza has been submitted by Amy Jorstad, the Assessor for the Town of Irondequoit, and recommended by Daniel Brennan, special counsel for the Town of Irondequoit for tax certiorari matters. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit formally approves, and to the extent necessary, ratifies, the stipulation and consent order with Morgan Northside Manor LLC, Sonchar LLC, Frontier Mgmt of NY Inc. and Richard Chiarenza on the following terms: 1. The assessment for Morgan Northside Manor LLC for the 2022 year shall be reduced from $2,470,800 to $1,950,000 for tax parcel 091.12-1-24. 2. The parties agree that RPTL § 727 shall apply to this settlement for the 2023, 2024 and 2025 Tax Years (the “Moratorium Period”). However, the market value used to set the assessment during the Moratorium Period shall be $3,000,000. 3. The assessments for Morgan Northside Manor LLC for the 2017 through and 2021 years shall remain unchanged for tax parcel 091.12-1-24. 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 _________ STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE In the Matter of the Application of Morgan Northside Manor LLC, Sonchar LLC, Frontier Mgmt of NY Inc, and Richard Chiarenza, Petitioner, vs. Town of Irondequoit Board of Assessment Review, the Assessor of the Town of Irondequoit, and the Town of Irondequoit, Monroe County, New York, Respondents. For review of a Tax Assessment under Article 7 of the Real Property Tax Law. Property Description: Property Tax ID Number 1422 Portland Ave 091.12-1-24 Tax Year Taxable Status Date Index Numbers 2017 March 1, 2017 E2017001322 2018 March 1, 2018 E2018005702 2019 March 1, 2019 E2019006676 2020 March 1, 2020 E2020004720 2021 March 1, 2021 E2021006282 WHEREAS, tax certiorari proceedings were commenced by the above-named petitioners (“Petitioner”) for the above described property (“Property”) located in the Town of Irondequoit (“Respondent”) to recover overpaid real property taxes paid for the tax years relating to the taxable status dates set forth herein (hereinafter “Tax Years”) and said proceedings are now pending (“Pending Proceedings”), and; WHEREAS, negotiations for settlement were entered into regarding said proceedings; and WHEREAS, the East Irondequoit Central School District intervened in the Pending Proceedings; and STIPULATION AND CONSENT ORDER Index Nos.: E2017001322 E2018005702 E2019006676 E2020004720 E2021006282 Tax Years: 2017 2018 2019 2020 2021 Judge: Hon. J. Scott Odorisi 2 NOW, THEREFORE, it is hereby stipulated, consented, and agreed by and between the attorneys and the respective parties that the above-captioned Pending Proceedings shall be settled and that an Order and Judgment to that effect may be entered without further notice to either party on the following terms: 1. The Pending Proceedings shall be settled by changing the prior assessment (“Prior Assessment”) to the revised assessment for the Tax Years set forth below ("Revised Assessment"): Property Address 1422 Portland Ave Tax ID Number 091.12-1-24 Tax Year Taxable Status Date Prior Assessment Revised Assessment 2017 March 1, 2017 $2,300,000 No Change. 2018 March 1, 2018 $2,470,800 No Change. 2019 March 1, 2019 $2,470,800 No Change. 2020 March 1, 2020 $2,470,800 No Change. 2021 March 1, 2021 $2,470,800 No Change. 2022 March 1, 2022 $2,470,800 $1,950,000 The full value used to determine the Revised Assessment is as follows: Property Address 1422 Portland Ave Tax ID Number 091.12-1-24 Tax Year Equalization Rate Prior Assessment at Full Value Revised Assessment at Full Value 2017 94.00% $2,446,809 No Change. 2018 100.00% $2,470,800 No Change. 2019 97.00% $2,547,216 No Change. 2020 91.00% $2,715,165 No Change. 2021 88.00% $2,807,727 No Change. 2022 78.00% $3,167,692 $2,500,000 3 If any tax bills which are based on the 2022 Tax Year are not timely corrected to reflect the Revised Assessment for that tax year, the Petitioner herein shall be paid the sum equal to the difference between the real property taxes paid, or to be paid, and the taxes that would have been paid if the tax bills had been corrected to the Revised Assessment for that tax year. Interest on the above payments shall be waived, except that interest shall be paid at the legal rate for real property tax assessment refunds to the extent amounts required to be paid hereunder are not paid within sixty (60) days of the service of this order upon the entity responsible for making such payment, until the same is so paid. 2. The parties agree that RPTL §727 shall apply to this settlement for the 2023, 2024 and 2025 Tax Years (the “Moratorium Period”). However, the market value used to set the assessment during the Moratorium Period shall be $3,000,000. Notwithstanding the foregoing, the parties agree that the Assessor may change the assessment, and the Petitioner may challenge the assessment, either after expiration of the Moratorium Period, or for any tax year after any of the events set forth in RPTL §727(2) (a), (b), (c), (d), (e), (f), (g), (h) and (i) shall occur. 3. The parties further agree that the discontinuance of all Pending Proceedings shall be contingent upon and subject to the assessment of the Property being set at the Revised Assessment for the 2022 Tax Year, unless changes are permitted under this section of the agreement. 4. Any payments hereunder shall be made to the Jacobson Law Firm, P.C. as attorney for the Petitioner herein. 5. Counsel for the Petitioner herein represents that the approvals for this settlement have been obtained from the Petitioner herein. 6. Counsel for the Respondent herein represents that approvals required for this settlement have been obtained from any and all necessary parties and entities for the Respondent Town of Irondequoit. 4 7. Counsel for the Intervenor-Respondent herein represents that approvals required for this settlement have been obtained from all necessary parties for the Intervenor-Respondent. This Stipulation and Consent Order shall be governed by the provisions of Section 727 of the Real Property Tax Law, except as otherwise provided for herein. Petitioners: Dated: _________________________________ Aaron H. Jacobson, Esq. Attorney for Petitioners MORGAN NORTHSIDE MANOR LLC, SONCHAR LLC, FRONTIER MGMT OF NY INC, AND RICHARD CHIARENZA Jacobson Law Firm, P.C. 1080 Pittsford-Victor Road, Suite 304 Pittsford, New York 14534 Telephone: (585) 218-6290 Respondents: Dated: _________________________________ Daniel F. Brennan, Esq. Attorney for Respondent TOWN OF IRONDEQUOIT Davidson Fink LLP 28 Main Street East, Suite 1700 Rochester, NY 14614 Telephone: (585) 756-5929 Dated: _________________________________ Katherine E. Gavett, Esq. Jeffrey M. Lewis, Esq. Attorney for Intervenor-Respondent 5 EAST IRONDEQUOIT CENTRAL SCHOOL DISTRICT Ferrara Fiorenza, P.C. 5010 Campuswood Drive East Syracuse, NY 13057 Telephone: (315) 437-7600 Upon reading and filing the annexed stipulation (“Settlement Stipulation”), it is hereby ORDERED, ADJUDGED, AND DETERMINED, that the Settlement Stipulation of the parties be, and the same hereby is, determined to be reasonable, just and in the best interests of the parties herein, and the same be and is approved; and it is further, ORDERED, ADJUDGED, AND DETERMINED, that the parties shall and hereby are directed to comply with the terms and conditions of said Settlement Stipulation; and it is further, ORDERED, ADJUDGED, AND DETERMINED, that the real property tax assessment for the Property located in the Town of Irondequoit be revised as follows: Property Address 1422 Portland Ave Tax ID Number 091.12-1-24 Tax Year Taxable Status Date Prior Assessment Revised Assessment 2017 March 1, 2017 $2,300,000 No Change. 2018 March 1, 2018 $2,470,800 No Change. 2019 March 1, 2019 $2,470,800 No Change. 2020 March 1, 2020 $2,470,800 No Change. 2021 March 1, 2021 $2,470,800 No Change. 2022 March 1, 2022 $2,470,800 $1,950,000 and that the tax assessment rolls for said year shall be so modified; and it is further, 6 ORDERED, ADJUDGED, AND DETERMINED, that the Assessor of the Town of Irondequoit shall make or cause to be made upon the proper books and records and on the tax assessment rolls of said Town, the entries, changes and corrections necessary to conform said assessment to such corrected and reduced valuation; and it is further, ORDERED, ADJUDGED, AND DETERMINED, if any tax bills relating to the 2022 Tax Year are not timely corrected to reflect the Revised Assessment, there shall be audited and allowed paid to the Petitioner by the Town of Irondequoit, County of Monroe, East Irondequoit Central School District, and any other applicable taxing authority or entity that bases its payments on said assessment, the amount, if any, paid by said Petitioner in excess of what would have been paid had the assessment been based on the Revised Assessment, without interest, except that interest shall be paid at the legal rate for real property tax assessment refunds to the extent that amounts required to be paid hereunder are not paid within sixty (60) days of the entry of this Stipulation and Consent Order and service of this order upon the entity responsible for making such payment until the same is so paid as determined by the Settlement Stipulation; and it is further, ORDERED, ADJUDGED, AND DETERMINED, that any parties and attorneys signing this Stipulation and Consent Order, by doing so, represent that they have necessary authority to do so, that said party has duly agreed to this settlement, taken the necessary action to do so and are the duly authorized and empowered persons to do so; and it is further, ORDERED, ADJUDGED, AND DETERMINED, that that the Stipulation to this Order may be signed in counterpart, that these Proceedings be discontinued, with prejudice, and without costs or disbursements, except that the Court shall retain jurisdiction to enforce the terms of this Stipulated Order of Settlement. ORDERED, ADJUDGED, AND DETERMINED, that these proceedings shall be governed by §727 of the Real Property Tax Law of the State of New York regarding to changes in assessment following litigation, subject to the terms of the parties’ stipulation above. DATED: _____________________________ Rochester, New York ______________________________ Hon. J. Scott Odorisi Supreme Court Justice CHI01-Irondequoit-2017 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 17th day of May 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 $245,175.16 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 2022-130; 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 $245,175.16; 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 $245,175.16 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 INTERMUNICIPAL AGREEMENT FOR CABLE ACCESS TELEVISION WITH WEST IRONDEQUOIT CENTRAL SCHOOL DISTRICT At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 17th day of May, 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, by Resolution dated August 17, 2021, the Town awarded a bid to TelVue Corporation (“TelVue”) for the procurement of a multimedia playback system and related infrastructure for the Irondequoit Cable Access Television (“ICAT”) program; and WHEREAS, the West Irondequoit Central School District (“School District”) wishes to use ICAT to televise its proceedings and events; and WHEREAS, the Town has procured from TelVue the equipment and services required for the School District to televise its proceedings and events on ICAT, and is willing to allow the district to use ICAT, provided that the district pays the Town for its share of the upfront and annual costs for equipment, installation, training, cloud-based hosting fees, technical support, and closed captioning fees; and WHEREAS, Section 119-o of the General Municipal Law authorizes municipal corporations, defined to include school districts, to enter into agreements for the performance amongst themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor Supervisor to enter into an intermunicipal agreement with the West Irondequoit School District, in substantially the form annexed hereto as Exhibit A, for its use of ICAT, and to execute any further and additional documents required for such agreement. This resolution shall take effect immediately upon its adoption. 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 _______ 1 11018251_1 INTERMUNICIPAL AGREEMENT FOR CABLE ACCESS TELEVISION THIS INTERMUNICIPAL AGREEMENT FOR CABLE ACCESS TELEVISION (“Agreement”), effective July 1, 2022 (“Effective Date”), between the TOWN OF IRONDEQUOIT, a municipal corporation, having its offices at 1280 Titus Avenue, Rochester, New York 14617 (the “Town”) and the West Irondequoit Central School District, a school district having its offices at 321 List Ave, Rochester, NY 14617 (the “District”). WITNESSETH: WHEREAS, the Town maintains and operates Irondequoit Cable Access Television (“ICAT”), allowing community and government proceedings to be televised via cable television networks and digital media streaming services; and WHEREAS, by Resolution dated August 17, 2021, the Town awarded a bid to TelVue Corporation (“TelVue”) for the procurement of a multimedia playback system and related infrastructure for the ICAT program; and WHEREAS, the District wishes to participate in ICAT, and wishes to use the Town’s television network to televise District proceedings and events; and WHEREAS, the Town has procured from TelVue the equipment and services required for the District to televise its proceedings and events on ICAT, and is willing to allow the District to use ICAT, provided that the District pay the Town for its share of the upfront and annual costs for equipment, installation, training, cloud-based hosting fees, technical support, and closed captioning fees; and WHEREAS, Section 119-o of the General Municipal Law authorizes municipal corporations, defined to include school districts, to enter into agreements for the performance amongst themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the District and the Town agree as follows: 1. Scope of Services: The Town hereby agrees to provide the District with the equipment, installation services, and training services required for the District to televise its proceedings and events via ICAT, and to further allow the District to acquire all licenses and technical support services necessary to the foregoing. The Town reserves all rights to coordinate scheduling and dates of televised events and proceedings amongst itself, the District, and other entities or persons using ICAT. 2 11018251_1 2. Payment for Services: The District will pay the Town as follows: a. Initial Fees and Expenses. Within 30 days of the Effective Date, the District will pay the Town $4,626, reflecting the sum of: (i) a Live U Box costing $1,495; (ii) the price of one application development fee of $1,475; (iii) the cost of training and installation, with the District’s share being $765; and (iv) a one- time licensing fee of $891. b. Annual Fees and Expenses. By January 31st of each year following the Effective Date, and continuing during any term or renewal term of this Agreement, the District shall pay the Town $1,360, reflecting the sum of: (i) an annual cloud-based service fee of $840; and (ii) an annual technical support fee of $520. c. Closed Captioning Fees. The Town holds an option to purchase closed captioning service hours (“CC Hours”) in bulk from TelVue, with the rates for such CC Hours depending on the total number of CC Hours purchased. The parties hereby agree that the District may purchase increments of CC Hours from the Town, provided that the Town has an excess of CC Hours not used for the Town’s purposes. The price for such purchases will equal the per-CC hour cost to the Town, multiplied by the increment purchased by the District, calculated as follows: Cost of CC Hours purchased in bulk by Town X Increment of CC Hours Purchased by District Number of CC Hours purchased in bulk by Town The Town reserves the right and sole discretion to allocate excess CC Hours among all participants in the ICAT program. Should the District wish to purchase from TelVue its own bulk allotment of CC Hours, it will coordinate such purchase through the Town, with the Town acting as the District’s purchasing agent. This District will be liable, and the Town will have no liability, for any claims arising from such purchases, and the District will defend, indemnify, and hold harmless the Town from all such claims. 3. Term: This Agreement shall commence on the Effective Date and end five (5) years thereafter. Either party, upon ninety (90) days written notice to the other, may terminate this Agreement (“Early Termination”). Upon such Early Termination, the District shall remain liable for any annual fees and expenses due for the year in which such Early Termination occurred. The parties may by written agreement renew this Agreement for additional five-year terms. 4. Insurance: Both the Town and the District agree to obtain and thereafter continue to keep in full force and effect as part of its general liability insurance, public liability insurance 3 11018251_1 relative to this Agreement during all phases of the performance of the various provisions this Agreement. 5. Indemnification: The District and the Town agree that each will perform its duties and/or exercise its rights under this Agreement in such a manner as not to create an unreasonable risk of liability or damage to the other party or third parties, and the District and the Town at all times shall maintain their property and equipment in a reasonably safe condition and neither party shall assume such obligation for the other. The Town shall indemnify and hold harmless the District from any and all claims, damages, liabilities, or expenses, including all such claims, damages, liabilities, or expenses asserted by third parties, to the extent arising out of the Town’s negligence as adjudicated in a final judgment of a court of competent jurisdiction, relating to, or concerning this Agreement. The District shall indemnify and hold harmless the Town from all other claims, damages, liabilities, or expenses, including all other claims, damages, liabilities, or expenses asserted by third parties, to the extent arising out of the District’s negligence as adjudicated in a final judgment of a court of competent jurisdiction, relating to, or concerning this Agreement. 5. Authority for Execution on Behalf of the Town: The Supervisor has executed this Agreement pursuant to a resolution adopted by the Town Board of the Town of Irondequoit, at a meeting held on April 26, 2022, and the person whose signature appears hereafter for the Town is duly authorized and empowered to execute this Agreement and enter into such an agreement on behalf of the Town. This Agreement may be executed in counterparts, each of which will be considered an original. 6. Authority for Execution on Behalf of the District: The District has executed this Agreement pursuant to a resolution adopted by the District’s Board of Education, at a meeting held on ___________, 2022, and the person whose signature appears hereafter for the District, is duly authorized and empowered to execute this Agreement and enter into such an agreement on behalf of the District. Agreement may be executed in counterparts, each of which will be considered an original. 7. Notices: Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: To the Town: Irondequoit Community Access Television Town of Irondequoit 1280 Titus Avenue Rochester, NY 14617 To the District: [insert] 9. Waiver: No waiver of any breach of any condition of this Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. 4 11018251_1 10. Modification: No modification of any provisions of this Agreement shall be valid unless in writing and signed by both parties. 11. Assignment: Neither party may assign this Agreement without prior written consent of the other party. 12. Governing Law: This Agreement, the performance hereunder and all questions relating thereto, shall be construed in accordance with the laws of the State of New York. The parties shall comply with all applicable laws, rules and regulations in all actions taken pursuant to this Agreement. 13. Entire Agreement: This Agreement constitutes the entire agreement between the parties with reference to the subject matter hereof and as of the Effective Date it replaces any prior agreement regarding the subject matter. There are no terms, conditions, or obligations other than those contained herein and there are no written or verbal statements or representations, warranties, or agreements with respect to this Agreement which have not been embodied herein. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the dates set forth in the respective acknowledgements below, to be effective for all purposes, however, as of the Effective Date. TOWN OF IRONDEQUOIT By: Name: Rory Fitzpatrick Title: Supervisor Date: ____________________, 2022 _____________ SCHOOL DISTRICT By: Name: Title: Date: __________________, 2022 Resolution No. 2022 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE INTEGRATION OF SOCIAL MEDIA MANAGEMENT PROGRAM 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 17th day of May, 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 Town has decided to expand its Social Media capabilities by adding a Social Media Management Program; and WHEREAS, Social Media is an efficient and effective way of disseminating information to constituents in the digital world; and WHEREAS, the Town has procured three quotes from competitive Social Media Management Companies (Hootsuite, Sprout Social, and Loomly); and WHEREAS, the Town has determined that Loomly has provided the best value quote at $1,548 annually; and WHEREAS, the Town has also recognized a need to archive its Social Media Content pursuant to Arts and Cultural Affairs Law § 57.17(4); and WHEREAS, the Town intends to manually archive its Social Media Content while pursuing whether to request proposals for services from professional social media archiving companies. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the purchase of a Social Media Management Program from Loomly at the cost of $1,548 annually, for a maximum term not to exceed three years. 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 MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION DECLARING SURPLUS ITEMS AND AUTHORIZING THE AUCTION OR DESTRUCTION OF SAID ITEMS 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 17th day of May 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 declare as surplus the items listed on the attached Addendum “A” (the “Equipment”); and WHEREAS, the items listed on Addendum “A” are several years old, no longer working, and the cost to repair prohibitive; and WHEREAS, the Police Department intends to sell the items listed on Addendum “A” for scrap metal and deposit the cash received into Police Miscellaneous 001.0001.2655.3120. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby declares the items listed on Addendum “A” as surplus and authorizes the Police Department to sell for scrap metal. 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_________________ ADDENDUM “A” Office Equipment • Simplex Timeclock, Model 1605-9001, Serial #B31445HS • Simplex Timeclock, Model 1605-9001, Serial #B31348GS • Simplex Timeclock, Model HA2G, Serial #X01058AG, Asset Tag #04322 • Widmer Timeclock, Model T-LED-3, Serial #194770 • Widmer Timeclock, Model T-LED-3, Serial #258067 Resolution No. 2022-____ EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AMENDING RESOLUTION 2019-192 AUTHORIZING ACCEPTANCE OF GRANT FUNDING AND MEMORANDUM OF UNDERSTANDING 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 17th day of May 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 Division of Homeland Security and Emergency Services in an effort to enhance law enforcement preparedness and operational readiness along the borders of the United States and to enhance cooperation, coordination and operational capabilities between Federal, State, local and tribal law enforcement agencies in a joint mission to secure the U.S. Borders, has provided a monetary grant (the “Grant”) to the Monroe County Sheriff’s Office; and WHEREAS, the Monroe County Sheriff’s Office is the primary recipient of said Grant and pursuant to the terms of the grant is to administer certain funds to the Irondequoit Police Department and facilitate the use thereof; and WHEREAS, pursuant to Resolution 2019-192, the Town Board authorized the acceptance of up to $25,000 of grant revenue, allocated to purchase a license plate reader, to personnel overtime, and to personnel fringe benefit costs; and WHEREAS, the Irondequoit Police wishes to accept $28,181.00 in grant funding, requiring an amendment to Resolution 2019-192, and accompanying budget amendments. NOW THEREFORE BE IT RESOLVED, that Resolution 2019-192 is hereby amended to authorize the acceptance of $28,181 in grant funding. AND, THEREFORE, BE IT FURTHER RESOLVED, that that the Town Board accepts the New York State Division of Homeland Security and Emergency Services grant Award Contract SG 17-1009-D00 in the amount of up to and amends the 2022 police operating budget by appropriating up to $28,181.00 of grant revenue into account 001-0001-4389-4396- Federal Grant-Stonegarden (IPD). AND BE IT FURTHER RESOLVED, that resolution 2019-192 is amended to allow $3,150.00 to be allocated for the maintenance of a License Plate Reader to be paid from 001-3120-2130. AND BE IT FURTHER RESOLVED, that Resolution 2019-192 is amended to allow $24,156.00 be allocated to personnel overtime to be paid from 001.3120.0100.1102.1102. AND BE IT FURTHER RESOLVED, that Resolution 2019-192 is amended to allow $875.00 be allocated to fuel/mileage; AND BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to enter into all agreements necessary to accept the grant award in such form as approved by the Attorney for the Town. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member _____________and duly put to vote, which resulted as follows: Town Board Member Wehner voting ______ Town Board Member 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 APPROVING ESTABLISHMENT OF TRAFFIC CONTROL DEVICE At a regular Town Board meeting of the Town Board, Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 17th day of May 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, requests from Monroe County Department of Transportation were received by the Town Clerk’s office proposing the establishment of traffic control devices within the Town of Irondequoit, pursuant to authority granted by Sections 1651 and 1652-a of the New York State Vehicle and Traffic Law; and WHEREAS, the Town Board determines that the establishment of a traffic control device is a Type II action pursuant to 6 NYCRR § 617.5(c)(22) (installation of traffic control devices on existing streets, roads and highways) and therefore no further review is needed pursuant to the New York State Environmental Quality Review Act (6 NYCRR § 617.5(a)); and WHEREAS, Monroe County is responsible for the installation, maintenance and removal of said devices. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Irondequoit approves, in accordance with the New York State Manual of Uniform Traffic Control Devices, the establishment of the following traffic control device: SIGN TYPE/DIRECTION LOCATION Traffic Signal Culver Road & Brookdale Pk. Left Only/Southbound 2590 Culver Rd & Culver Rd Left Only/Northbound Culver Rd & Brookdale Pk Left Only/Westbound 2590 Culver Rd & Culver Rd 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Fitzpatrick voting _______ Department of Transportation Monroe County, New York Adam J. Bello County Executive April 29, 2022 Barbara Genier Irondequoit Town Clerk 1280 Titus Avenue Rochester, NY 14617 Thomas J. Frys Director RE: TRAFFIC CONTROL DEVICE ESTABLISHMENT ORDINANCE Dear Ms. Genier, The County of Monroe Department of Transportation, pursuant to authority granted by Sections 1651 and 1652-a of the New York State Vehicle and Traffic Law, does hereby request the establishment of the following traffic controls. SIGN TYPE/DIRECTION LOCATION Traffic Signal Culver Road & Brookdale Pk. Please have your Town Board pass an appropriate ordinance for this regulation at your earliest convenience. The Monroe County Department of Transportation is installing the above -mentioned traffic control devices in accordance with the National Manual of Uniform Traffic Control Devices and New York State Supplement to establish the above regulation. Thomas J. I« rys Director of Transportation Town of Irondequoit Town Clerk Date Please sign, date and return this form and a copy of the ordinance to the Monroe County Department of Transportation as soon as possible. cc: D. Wiegand File H:\Sub\T\TRAFFIC CONTROL ORDINANCE \ establishment master.doc 50 West Main Street • Suite 6100 City Place Building • Rochester, New York 14614-1231 (585) 753-772() •fax: (585) 753-7730 • www.monroecounty.goi' • email: mcdot@monroecounty.got' Department of Transportation Monroe County, New York Adam J. Bello County Executive April 29, 2022 Barbara Genier Irondequoit Town Clerk 1280 Titus Avenue Rochester, NY 14617 Thomas J. Frys Director RE: TRAFFIC CONTROL DEVICE ESTABLISHMENT ORDINANCE Dear Ms. Genier, The County of Monroe Department of Transportation, pursuant to authority granted by Sections 1651 and 1652-a of the New York State Vehicle and Traffic Law, does hereby request the establishment of the following traffic controls. SIGN TYPE/DIRECTION LOCATION Left Only/Southbound 2590 Culver Rd & Culver Rd Left Only/Northbound Culver Rd & Brookdale Pk. Left Only/Westbound 2590 Culver Rd & Culver Rd Please have your Town Board pass an appropriate ordinance for this regulation at your earliest convenience. The Monroe County Department of Transportation is installing the above -mentioned traffic control devices in accordance with the National Manual of Uniform Traffic Control Devices and New York State Supplement to establish the above regulation. iL Thomas J. Frys Town Clerk Date Director of Transportation Town of Irondequoit Please sign, date and return this form and a copy of the ordinance to the Monroe County Department of Transportation as soon as possible. cc: D. Wiegand File H:\Sub\T\TRAFFIC CONTROL ORDINANCE\establishment master.doc 50 West Main Street • Suite 6100 City Place Building • Rochester, New York 14614-1231 (585) 753-7720 •,fax.' (585) 753-7730 • www.monroecounty.goi' • email: m.cdol@monroecounty.gor Resolution No. 2022- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD MEETING ADOPTING A RESOLUTION AUTHORIZING ATTENDANCE TO CERTIFIED EXAMINERS COURSE At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 17th day of May 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, it is requested that Inv. Christopher Soprano attend the Certified Examiners Course/CVSA training being held at the Niagara County Community College, Sanborn, New York, beginning June 27, 2022 and ending July 1, 2022; and WHEREAS, funding for this training is available in the 2022 Police Department budget, Account 001- 3120-4100. Approximate cost will be $1,395.00.00. NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes Inv. Christopher Soprano attend the Certified Examiners Course/CVSA training at the Niagara County Community College, Sanborn, New York, beginning June 27, 2022 and ending July 1, 2022, at the cost of $1,395 to be paid from Account 001-3120-4100. 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_____________ Mark Jesske From: stacy@cvsa1.com Sent: Wednesday, May 4, 2022 12:50 PM To: Mark Jesske Cc: stacy@cvsa1.com Subject: 2022 CVSA Training - Confirmation Letter, Map, and Invoice Attachments: Niagara Falls PD (NY) 06 2022.docx; Niagara Co. Community College - Parking Map jpg; Invoice 11012.pdf Importance: High Hello Captain Jesske — Please forward this email, Word document and Parking Map to Inv. Soprano. Thank you. Dear Inv. soprano — Please send a reply to stacy@cvsal.com to confirm your attendance and receipt of this email with attachments. I've attached your student confirmation letter to attend the certification examiners course of our CVSA Training held June 27 — July 1, 2022 in Niagara Falls, NY. This letter includes the exact training location, time, suggested hotels and materials needed. Please Print the Parking Map. Your invoice is also attached, and a hard -copy is mailed to your Accounts Payable department. Feel free to contact me if you have any questions. Please Note: • Bring your CVSA II system — Required for new students • The facility may request you to wear a face mask • Do not bring payment to class — mail payment to our office address DATE: June 27 — July 1, 2022 TIME: 8:00AM to 5:00PM (no meals provided) PLACE: Niagara County Law Enforcement Academy Niagara County Community College 3111 Saunders Settlement Road — Room G218 Sanborn, NY 14132 Dept. Contact: Det. Angelo Berti (716) 614-6830 Parking Map — Park in Lot 1 or 5 Department's hotel recommendations are: Holiday Inn Express: 6900 South Transit Road, Lockport, NY 14094 (716) 625-8100 Hampton Inn: 6082 South Transit Road, Lockport, NY 14094 (716) 625-6900 Thank you, Stacy 3-fuff Training Administrator I NITV Federal Services 11400 Fortune Circle, West Palm Beach, FL 33414 Tel: (561) 798-6280 I Fax: (561) 798-1594 IToll Free 888-266-7263 www.cvsal.com; Email: stacy@cvsal.com 1 Resolution No. 2022- EXTRACTION OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GIFT OF A CHERRY TREE 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 May 17, 2022, at 7:00 p.m.; 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 Town of Irondequoit earned the distinction of becoming a Tree City USA in 2019 and continues that distinction each year. The Town has planted hundreds of street trees each year in an effort to continue Irondequoit’s beautiful tree lined streets; and WHEREAS, the Town of Irondequoit Department of Public Works received notification that Horticulture Associates of Rochester would like to donate a tree; and WHEREAS, the Town of Irondequoit desires to plant a tree on the Town Hall campus in honor of Arbor Day; and WHEREAS, Horticulture Associates of Rochester has generously offered to donate a black cherry tree to the Town of Irondequoit. Horticulture Associates of Rochester has no contractual relationships existing or pending with the Town of Irondequoit; and WHEREAS, there is no cost to the Town of Irondequoit for this tree; and WHEREAS, Horticulture Associates of Rochester values the donation of a black cherry tree at $200; and WHEREAS, New York State Town Law §64(8) provides, among the powers of a Town Board, the authority to accept gifts of personal property for public use. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby accepts the gift of a black cherry tree from Horticulture Associates of Rochester with a donation value of approximately $200. 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 MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION CONCERNING AWARD OF BID FOR AMERIGE PARK PUMP STATION REPLACMENT AND INCREASING AWARD OF AMERICAN RESCUE PLAN ACT FUNDING 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 17th day of May, 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, it is necessary to replace the existing suction lift pump station located on Amerige Park with a new +/- 24’ deep submersible pump station and other appurtenances (the “Project”); and WHEREAS, the Town of Irondequoit issued an Invitation to Bid and caused the Notice to Bid to be published in the Daily Record on April 6, 2022, as well as publishing the Invitation to Bid on the Town website in compliance with General Municipal Law § 103, Chapter 51 of the Irondequoit Town Code, and Town Law Article 12, requesting bids for Amerige Park Pump Station Replacement Project (Town Bid No. 2022-02), in order to compute the best value to the Town; and WHEREAS, sealed bids were received and publicly opened and read on April 26, 2022; and WHEREAS, the lowest responsible bidder was CP Ward in the amount of $757,210; and WHEREAS, pursuant to Resolution #2021-246, adopted on October 19, 2021, the Town Board adopted a spending plan for funding received pursuant to the American Rescue Plan Act (“ARPA”), which provides federal support to local governments in responding to the impact of the COVID-19 pandemic, and such spending plan allocated $350,000 toward the Project; and WHEREAS, such spending plan, and the projects approved by it, were approved by The Bonadio Group, the Town’s consultant on ARPA matters; and WHEREAS, because the lowest responsible bid for the Project exceeded the allocation of ARPA funding, an allocation of additional ARPA funds to cover the cost of this Project, in the amount of $503,000, is needed, for a total amount of $853,000; and WHEREAS, funding for this expense will be available in account #’s 299.8125.2017.0002; and WHEREAS, the Town Board determined that the Project is a Type II action pursuant to 6 NYCRR § 617.5(c)(2) (replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes unless such action meets or exceeds any of the thresholds in section 617.4 of this Part) and (6) (street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities) and therefore no further review is needed pursuant to the New York State Environmental Quality Review Act (6 NYCRR § 617.5(a)). NOW THEREFORE BE IT RESOLVED, that the Town Board awards the bid for Amerige Park Pump Station Replacement to CP Ward in the amount of $757,210. AND, BE IT FURTHER RESOLVED THAT, the Town Board allocates additional ARPA funds toward the Project of $503,000, for a total amount of ARPA funds allocated to the Project of $853,000. AND, BE IT FURTHER RESOLVED THAT, the Town Board authorizes the Town Supervisor to execute any and all documents related to this award. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ 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 YOUTH, FAMILY, ADULT, GROUP EXERCISE AND SENIOR RECREATIONAL PROGRAMMING FOR SUMMER 2022 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 17th day of May 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 many different vendors providing Youth, Family, Adult, Group Exercise and Senior recreational programs in Summer 2022; and WHEREAS, the Youth, Family, Adult programs are paid for with fees received from participants; and WHEREAS, the Group Exercise programs are paid for with a combination of health insurance reimbursement and fees received from participants; and WHEREAS, the Senior programs are paid for with a combination of grant money and fees received from participants; and WHEREAS, the Town of Irondequoit seeks to contract for Youth, Family, Adult, Group Exercise and Senior recreational programming services with the vendors pursuant to Addendum A, which is attached hereto and made a part hereof; and WHEREAS, the vendors listed in Addendum A have “beginning dates” upon which they are scheduled to begin providing Youth, Family, Adult, Group Exercise and Senior recreational programming services (the “Beginning Dates”), but such Beginning Dates may need to be changed in light of the ongoing COVID-19 pandemic; and WHEREAS, because the Beginning Dates for certain programs may be adjusted because of the COVID-19 pandemic, the length of those programs may be altered, and as a result the vendors’ pay must be adjusted by a corresponding amount (the “Pay Adjustments”). NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Supervisor to enter into contracts with the various vendors in Addendum A in such form as approved by the Attorney for the Town, and further authorizes the Supervisor to modify the scheduled Beginning Dates of vendors and make the Pay Adjustments, as may be needed as a result of the ongoing COVID-19 pandemic. 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 __________ Page: 1 of 3 Addendum B IR- Activity Section Listing with Instructors for Resolution Activity#Sec Description Beg Date End Date Time Period Days Instructor Instructor Payout 3205 A Camp Fit: Obstacles & Games 06/07/2022 06/28/2022 5:30pm - 6:15pm Tu Lovejoy, Cyndi 80.00% B Camp Fit: Obstacles & Games 07/05/2022 07/26/2022 5:30pm - 6:15pm Tu Lovejoy, Cyndi 80.00% C Camp Fit: Obstacles & Games 08/02/2022 08/23/2022 5:30pm - 6:15pm Tu Lovejoy, Cyndi 80.00% 3206 A Camp Fit: Fitness and Games 06/07/2022 06/28/2022 6:20pm - 7:05pm Tu Lovejoy, Cyndi 80.00% B Camp Fit: Fitness and Games 07/05/2022 07/26/2022 6:20pm - 7:05pm Tu Lovejoy, Cyndi 80.00% C Camp Fit: Fitness and Games 08/02/2022 08/23/2022 6:20pm - 7:05pm Tu Lovejoy, Cyndi 80.00% 3208 A Intro to Ballet 06/08/2022 06/29/2022 6:50pm - 7:35pm W Lovejoy, Cyndi 80.00% B Intro to Ballet 07/06/2022 07/27/2022 6:50pm - 7:35pm W Lovejoy, Cyndi 80.00% C Intro to Ballet 08/03/2022 08/24/2022 6:50pm - 7:35pm W Lovejoy, Cyndi 80.00% 3209 A Ballet II 06/09/2022 06/30/2022 6:00pm - 6:45pm Th Lovejoy, Cyndi 80.00% B Ballet II 07/07/2022 07/28/2022 6:00pm - 6:45pm Th Lovejoy, Cyndi 80.00% C Ballet II 08/04/2022 08/25/2022 6:00pm - 6:45pm Th Lovejoy, Cyndi 80.00% 3212 A Jazz and Hip Hop 06/09/2022 06/30/2022 6:50pm - 7:35pm Th Lovejoy, Cyndi 80.00% B Jazz and Hip Hop 07/07/2022 07/28/2022 6:50pm - 7:35pm Th Lovejoy, Cyndi 80.00% C Jazz and Hip Hop 08/04/2022 08/25/2022 6:50pm - 7:35pm Th Lovejoy, Cyndi 80.00% 3213 A Intro to Dance and Movement 06/08/2022 06/29/2022 6:00pm - 6:45pm W Lovejoy, Cyndi 80.00% B Intro to Dance and Movement 07/06/2022 07/27/2022 6:00pm - 6:45pm W Lovejoy, Cyndi 80.00% C Intro to Dance and Movement 08/03/2022 08/24/2022 6:00pm - 6:45pm W Lovejoy, Cyndi 80.00% 3220 A Little Kickers Soccer (3-4)06/07/2022 06/28/2022 5:30pm - 6:00pm Tu , Icon Production LLC 80.00% B Little Kickers Soccer (5-6)06/07/2022 06/28/2022 6:15pm - 7:00pm Tu , Icon Production LLC 80.00% C Little Kickers Soccer (3-4)07/05/2022 07/26/2022 5:30pm - 6:00pm Tu , Icon Production LLC 80.00% D Little Kickers Soccer (5-6)07/05/2022 07/26/2022 6:15pm - 7:00pm Tu , Icon Production LLC 80.00% E Little Kickers Soccer (3-4)08/02/2022 08/23/2022 5:30pm - 6:00pm Tu , Icon Production LLC 80.00% F Little Kickers Soccer (5-6)08/02/2022 08/23/2022 6:15pm - 7:00pm Tu , Icon Production LLC 80.00% 3230 A Jujitsu Buddies Level 1 (AM)06/04/2022 07/16/2022 10:15am - 11:00am Sa , Strike Back Martial Arts LLC 80.00% B Jujitsu Buddies Level 1 (PM)06/04/2022 07/16/2022 12:15pm - 1:00pm Sa , Strike Back Martial Arts LLC 80.00% 3231 A Jujitsu Buddies Level 2 06/04/2022 07/16/2022 11:15am - 12:00pm Sa , Strike Back Martial Arts LLC 80.00% 3232 A Junior Jujitsu - June Tues.06/07/2022 06/28/2022 6:00pm - 7:00pm Tu , Strike Back Martial Arts LLC 80.00% B Junior Jujitsu - June Sat.06/04/2022 06/25/2022 9:00am - 10:00am Sa , Strike Back Martial Arts LLC 80.00% C Junior Jujitsu - June Tues./Sat 06/04/2022 06/28/2022 6:00pm - 7:00pm Tu,Sa , Strike Back Martial Arts LLC 80.00% D Junior Jujitsu - July Tues.07/05/2022 07/26/2022 6:00pm - 7:00pm Tu , Strike Back Martial Arts LLC 80.00% E Junior Jujitsu - July Sat.07/02/2022 07/30/2022 9:00am - 10:00am Sa , Strike Back Martial Arts LLC 80.00% F Junior Jujitsu - July Tues./Sat 07/02/2022 07/30/2022 6:00pm - 7:00pm Tu,Sa , Strike Back Martial Arts LLC 80.00% G Junior Jujitsu -Aug. Tues.08/02/2022 08/30/2022 6:00pm - 7:00pm Tu , Strike Back Martial Arts LLC 80.00% H Junior Jujitsu - Aug. Sat.08/06/2022 08/27/2022 9:00am - 10:00am Sa , Strike Back Martial Arts LLC 80.00% Irondequoit Recreation User: MH Run Date/Time: 05/03/2022 @ 11:36am Page: 2 of 3 Addendum B IR- Activity Section Listing with Instructors for Resolution Activity#Sec Description Beg Date End Date Time Period Days Instructor Instructor Payout 3232 I Junior Jujitsu - Aug. Tues./Sat 08/02/2022 08/30/2022 6:00pm - 7:00pm Tu,Sa , Strike Back Martial Arts LLC 80.00% 3234 A Strike Back Fitness - June 06/06/2022 06/27/2022 6:00pm - 6:45pm M , Strike Back Martial Arts LLC 80.00% B Strike Back Fitness - July 07/11/2022 07/25/2022 6:00pm - 6:45pm M , Strike Back Martial Arts LLC 80.00% C Strike Back Fitness - Aug.08/01/2022 08/29/2022 6:00pm - 6:45pm M , Strike Back Martial Arts LLC 80.00% 3239 A Tiny Panthers: Kids Karate 06/04/2022 06/25/2022 10:00am - 10:30am Sa Crudup, Randy 80.00% B Tiny Panthers: Kids Karate 07/09/2022 07/30/2022 10:00am - 10:30am Sa Crudup, Randy 80.00% C Tiny Panthers: Kids Karate 08/06/2022 08/27/2022 10:00am - 10:30am Sa Crudup, Randy 80.00% 3240 A Panthers: Kids Karate 06/04/2022 06/25/2022 10:00am - 10:30am Sa Crudup, Randy 80.00% B Panthers: Kids Karate 07/09/2022 07/30/2022 10:00am - 10:30am Sa Crudup, Randy 80.00% C Panthers: Kids Karate 08/06/2022 08/27/2022 10:00am - 10:30am Sa Crudup, Randy 80.00% 3516 A Mario Kart and Pokémon Culinary D 06/16/2022 06/16/2022 6:30pm - 8:30pm Th Bauld, Elizabeth 80.00% 3527 A Family Drum Circle with Miss Jennifer 06/21/2022 06/21/2022 5:30pm - 6:15pm Tu Colombo, Jennifer 80.00% B Family Drum Circle with Miss Jennifer 08/30/2022 08/30/2022 5:30pm - 6:15pm Tu Colombo, Jennifer 80.00% 3528 A Sensory Friendly Music and Moveme 07/05/2022 07/26/2022 5:30pm - 6:15pm Tu Colombo, Jennifer 80.00% B Sensory Friendly Music and Moveme 08/02/2022 08/23/2022 5:30pm - 6:15pm Tu Colombo, Jennifer 80.00% 3800 A Nailed It: Inspired "Creative Challeng 07/11/2022 07/15/2022 9:00am - 3:00pm M,Tu,W,T Daniel, Shelancia 80.00% 3801 A Alice in Wonderland Quilt Camp 07/25/2022 07/29/2022 9:00am - 3:00pm M,Tu,W,T Daniel, Shelancia 80.00% 3803 A Little Chefs Dinosaurs and Unicorns 06/08/2022 06/08/2022 6:30pm - 7:30pm W Bauld, Elizabeth 80.00% 3804 A Olympic Games Culinary Camp 07/20/2022 07/22/2022 6:00pm - 8:00pm W,Th,F Bauld, Elizabeth 80.00% 3806 A How Cool Is That?07/18/2022 07/22/2022 9:00am - 12:00pm M,Tu,W,T Black, Rich 80.00% 3807 A Disaster Preparedness Academy 07/18/2022 07/22/2022 1:00pm - 4:00pm M,Tu,W,T Black, Rich 80.00% 3809 A Build A Comic Workshop 07/26/2022 07/28/2022 5:30pm - 6:30pm Tu,W,Th Patton, Emily 80.00% 3810 A Spiderman Culinary Adventure 08/01/2022 08/04/2022 11:00am - 1:00pm M,Tu,W,T Bauld, Elizabeth 80.00% 3811 A Little Chefs Games and Goodies 08/01/2022 08/04/2022 5:30pm - 7:30pm M,Tu,W,T Bauld, Elizabeth 80.00% 3816 A Fierce Cheer Camp 07/12/2022 07/15/2022 9:00am - 11:00am Tu,W,Th,F , Fast and Fierce Elite 80.00% B Fierce Cheer Camp 07/12/2022 07/15/2022 9:00am - 1:00pm Tu,W,Th,F , Fast and Fierce Elite 80.00% C Fierce Cheer Camp 07/12/2022 07/15/2022 9:00am - 1:00pm Tu,W,Th,F , Fast and Fierce Elite 80.00% 3850 A Quickstart Tennis Camp 07/11/2022 07/14/2022 9:00am - 9:45am M,Tu,W,T Rehbach, Bruce 80.00% Irondequoit Recreation User: MH Run Date/Time: 05/03/2022 @ 11:36am Page: 3 of 3 Addendum B IR- Activity Section Listing with Instructors for Resolution Activity#Sec Description Beg Date End Date Time Period Days Instructor Instructor Payout 3850 B Quickstart Tennis Camp 07/25/2022 07/28/2022 9:00am - 9:45am M,Tu,W,T Rehbach, Bruce 80.00% 3851 A Tennis Camp (Beg/Adv. Beg.)07/11/2022 07/14/2022 10:00am - 11:30am M,Tu,W,T Rehbach, Bruce 80.00% B Tennis Camp (Int/Adv.)07/11/2022 07/14/2022 11:30am - 1:00pm M,Tu,W,T Rehbach, Bruce 80.00% C Tennis Camp (Beg/Adv. Beg.)07/25/2022 07/28/2022 10:00am - 11:30am M,Tu,W,T Rehbach, Bruce 80.00% D Tennis Camp (Int/Adv.)07/25/2022 07/28/2022 11:30am - 1:00pm M,Tu,W,T Rehbach, Bruce 80.00% 3854 A Pee Wee Soccer Camp 07/18/2022 07/22/2022 9:30am - 10:15am M,Tu,W,T Muratore, Kate 80.00% 3861 A GIRL POWER! Fitness and Games M 07/18/2022 07/21/2022 1:00pm - 3:00pm M,Tu,W,T Lovejoy, Cyndi 80.00% 5304 A Tai Chi 09/12/2022 11/02/2022 10:00am - 10:45am M,W Otis, Sarah 80.00% 5324 A Matter of Balance 06/14/2022 08/23/2022 1:00pm - 3:00pm Tu Otis, Sarah 80.00% 5328 A Couples Paint Night-Sunset 08/23/2022 08/23/2022 6:30pm - 8:30pm Tu Patton, Emily 80.00% B Couples Paint Night-Beach 08/26/2022 08/26/2022 6:30pm - 8:30pm F Patton, Emily 80.00% 5334 A Rolled Flower Shadowbox Craft 06/02/2022 06/02/2022 5:00pm - 7:00pm Th Holley, Kajah 80.00% 5342 A In a New York Minute!06/24/2022 06/24/2022 6:00pm - 7:30pm F Kubarycz, Matt 80.00% 5350 A Fabric Marbling 08/01/2022 08/01/2022 6:00pm - 8:00pm M Rehler, Ashley 80.00% B Fabric Marbling 08/09/2022 08/09/2022 1:00pm - 3:00pm Tu Rehler, Ashley 80.00% C Fabric Marbling 08/27/2022 08/27/2022 10:00am - 12:00pm Sa Rehler, Ashley 80.00% D Fabric Marbling 09/14/2022 09/14/2022 6:30pm - 8:30pm W Rehler, Ashley 80.00% 5351 A Paper Marbling 07/30/2022 07/30/2022 1:00pm - 3:00pm Sa Rehler, Ashley 80.00% B Paper Marbling 08/25/2022 08/25/2022 6:00pm - 8:00pm Th Rehler, Ashley 80.00% 5352 A Woodblock Printing 07/14/2022 07/14/2022 5:30pm - 8:30pm Th Rehler, Ashley 80.00% B Woodblock Printing 08/16/2022 08/16/2022 5:30pm - 8:30pm Tu Rehler, Ashley 80.00% C Woodblock Printing 09/10/2022 09/10/2022 10:00am - 2:00pm Sa Rehler, Ashley 80.00% 5363 A An Orientation to Your Backyard's Ni 06/30/2022 06/30/2022 5:30pm - 7:00pm Th Lucero, Tyler 80.00% 5393 A Art Exploration 07/05/2022 08/02/2022 9:30am - 11:30am Tu Patton, Emily 80.00% Irondequoit Recreation User: MH Run Date/Time: 05/03/2022 @ 11:36am Page: 1 of 3 Addendum B IR- Activity Section Listing Group Exercise Instructors for Resolution Activity#Sec Description Beg Date End Date Time Period Days Instructor Group Ex Payout Tiers 9005 6 Jujitsu 101 06/07/2022 06/28/2022 7:00pm - 8:15pm Tu , Strike Back Martial Arts LLC 80.00% 7 Jujitsu 101 07/05/2022 07/26/2022 7:00pm - 8:15pm Tu , Strike Back Martial Arts LLC 80.00% 8 Jujitsu 101 08/02/2022 08/30/2022 7:00pm - 8:15pm Tu , Strike Back Martial Arts LLC 80.00% 9015 6 Circuit (Nier)06/06/2022 06/27/2022 5:30pm - 6:15pm M Nier, Carole 27.00, 32.00, 37.00 7 Circuit (Nier)07/11/2022 07/25/2022 5:30pm - 6:15pm M Nier, Carole 27.00, 32.00, 37.00 8 Circuit (Nier)08/01/2022 08/29/2022 5:30pm - 6:15pm M Nier, Carole 27.00, 32.00, 37.00 9 Circuit (Nier)09/05/2022 09/26/2022 5:30pm - 6:15pm M Nier, Carole 27.00, 32.00, 37.00 9031 6 Vinyasa Yoga (Vermeire)06/04/2022 06/25/2022 9:30am - 10:30am Sa Vermeire, Tiffany 27.00, 32.00, 37.00 7 Vinyasa Yoga (Vermeire)07/02/2022 07/30/2022 9:30am - 10:30am Sa Vermeire, Tiffany 27.00, 32.00, 37.00 8 Vinyasa Yoga (Vermeire)08/06/2022 08/27/2022 9:30am - 10:30am Sa Vermeire, Tiffany 27.00, 32.00, 37.00 9 Vinyasa Yoga (Vermeire)09/03/2022 09/24/2022 9:30am - 10:30am Sa Vermeire, Tiffany 27.00, 32.00, 37.00 9032 6A Yoga - Tues.06/07/2022 06/28/2022 8:00am - 9:00am Tu Lang, Carol 30.00, 35.00, 40.00 6B Yoga - Thurs.06/02/2022 06/30/2022 8:00am - 9:00am Th Lang, Carol 30.00, 35.00, 40.00 7A Yoga - Tues.07/05/2022 07/26/2022 8:00am - 9:00am Tu Lang, Carol 30.00, 35.00, 40.00 7B Yoga - Thurs.07/07/2022 07/28/2022 8:00am - 9:00am Th Lang, Carol 30.00, 35.00, 40.00 8A Yoga - Tues.08/02/2022 08/30/2022 8:00am - 9:00am Tu Lang, Carol 30.00, 35.00, 40.00 8B Yoga - Thurs.08/04/2022 08/25/2022 8:00am - 9:00am Th Lang, Carol 30.00, 35.00, 40.00 9A Yoga - Tues.09/06/2022 09/27/2022 8:00am - 9:00am Tu Lang, Carol 30.00, 35.00, 40.00 9B Yoga - Thurs.09/01/2022 09/29/2022 8:00am - 9:00am Th Lang, Carol 30.00, 35.00, 40.00 9033 7 Outdoor Chair Yoga w/ Anja 07/05/2022 07/26/2022 5:30pm - 6:30pm Tu Jabs-Devins, Anja 80.00% 8 Outdoor Chair Yoga w/ Anja 08/02/2022 08/30/2022 5:30pm - 6:30pm Tu Jabs-Devins, Anja 80.00% 9041 6 ZUMBA (Piccirilli)06/04/2022 06/25/2022 10:45am - 11:45am Sa Piccirilli, Suzanne 25.00, 30.00, 35.00 7 ZUMBA (Piccirilli)07/02/2022 07/30/2022 10:45am - 11:45am Sa Piccirilli, Suzanne 25.00, 30.00, 35.00 8 ZUMBA (Piccirilli)08/06/2022 08/27/2022 10:45am - 11:45am Sa Piccirilli, Suzanne 25.00, 30.00, 35.00 9 ZUMBA (Piccirilli)09/03/2022 09/24/2022 10:45am - 11:45am Sa Piccirilli, Suzanne 25.00, 30.00, 35.00 9055 6 Rise and Shine Cardio Dance 06/01/2022 06/29/2022 8:30am - 9:30am W Richards, Samantha 30.00, 35.00, 40.00 7 Rise and Shine Cardio Dance 07/06/2022 07/27/2022 8:30am - 9:30am W Richards, Samantha 30.00, 35.00, 40.00 8 Rise and Shine Cardio Dance 08/03/2022 08/31/2022 8:30am - 9:30am W Richards, Samantha 30.00, 35.00, 40.00 9 Rise and Shine Cardio Dance 08/03/2022 08/31/2022 8:30am - 9:30am W Richards, Samantha 30.00, 35.00, 40.00 9056 6 Zumba 06/01/2022 06/29/2022 6:15pm - 7:00pm W Nieznanski, Sue 27.00, 32.00, 37.00 7 Zumba 07/06/2022 07/27/2022 6:15pm - 7:00pm W Nieznanski, Sue 27.00, 32.00, 37.00 8 Zumba 08/03/2022 08/31/2022 6:15pm - 7:00pm W Nieznanski, Sue 27.00, 32.00, 37.00 9 Zumba 09/07/2022 09/28/2022 6:15pm - 7:00pm W Nieznanski, Sue 27.00, 32.00, 37.00 9057 6 Cardio Dance 06/02/2022 06/30/2022 6:30pm - 7:15pm Th Richards, Samantha 30.00, 35.00, 40.00 7 Cardio Dance 07/07/2022 07/28/2022 6:30pm - 7:15pm Th Richards, Samantha 30.00, 35.00, 40.00 8 Cardio Dance 08/04/2022 08/25/2022 6:30pm - 7:15pm Th Richards, Samantha 30.00, 35.00, 40.00 Irondequoit Recreation User: MH Run Date/Time: 04/28/2022 @ 3:43pm Page: 2 of 3 Addendum B IR- Activity Section Listing Group Exercise Instructors for Resolution Activity#Sec Description Beg Date End Date Time Period Days Instructor Group Ex Payout Tiers 9057 9 Cardio Dance 09/01/2022 09/29/2022 6:30pm - 7:15pm Th Richards, Samantha 30.00, 35.00, 40.00 9090 2 Group Exercise Instructor Demo S. Pi 01/01/2022 12/31/2022 11:00am - 12:00pm Su,M,Tu,Piccirilli, Suzanne 25.00 B Group Exercise Instructor Demo-C. N 01/01/2022 12/31/2022 11:00am - 12:00pm Su,M,Tu,Nier, Carole 27.00 C Group Exercise Instructor Demo-S. R 01/01/2022 12/31/2022 11:00am - 12:00pm Su,M,Tu,Richards, Samantha 30.00 L Group Exercise Instructor Demo T. V 01/01/2022 12/31/2022 11:00am - 12:00pm Su,M,Tu,Vermeire, Tiffany 27.00 9091 1 Group Exercise Substitutes 01/01/2022 06/30/2022 10:00am - 11:00am Su,M,Tu,Vittozzi, Kaitlyn 30.00, 35.00, 40.00 2 Group Exercise Substitutes 01/01/2022 06/30/2022 10:00am - 11:00am Su,M,Tu,(Hermann) Kraft, Kathleen 25.00, 30.00, 35.00 3 Group Exercise Substitutes L. Barbat 01/01/2022 12/31/2022 10:00am - 11:00am Su,M,Tu,Barbato, Lisa 27.00, 32.00, 37.00 9092 1 Group Exercise Substitutes (Piccirilli)01/01/2022 12/31/2022 10:00am - 11:00am Su,M,Tu,Piccirilli, Suzanne 25.00, 30.00, 35.00 9100 6A Silver Sneakers Classic (Jabs-Devins 06/06/2022 06/27/2022 9:15am - 10:15am M Jabs-Devins, Anja 30.00, 35.00, 40.00 6B Silver Sneakers Classic (Jabs-Devins 06/06/2022 06/27/2022 10:30am - 11:30am M Jabs-Devins, Anja 30.00, 35.00, 40.00 6C Silver Sneakers Classic (Jabs-Devins 06/03/2022 06/24/2022 10:30am - 11:30am F Jabs-Devins, Anja 30.00, 35.00, 40.00 7A Silver Sneakers Classic (Jabs-Devins 07/11/2022 07/25/2022 9:15am - 10:15am M Jabs-Devins, Anja 30.00, 35.00, 40.00 7B Silver Sneakers Classic (Jabs-Devins 07/11/2022 07/25/2022 10:30am - 11:30am M Jabs-Devins, Anja 30.00, 35.00, 40.00 7C Silver Sneakers Classic (Jabs-Devins 07/01/2022 07/29/2022 10:30am - 11:30am F Jabs-Devins, Anja 30.00, 35.00, 40.00 8A Silver Sneakers Classic (Jabs-Devins 08/01/2022 08/29/2022 9:15am - 10:15am M Jabs-Devins, Anja 30.00, 35.00, 40.00 8B Silver Sneakers Classic (Jabs-Devins 08/01/2022 08/29/2022 10:30am - 11:30am M Jabs-Devins, Anja 30.00, 35.00, 40.00 8C Silver Sneakers Classic (Jabs-Devins 08/05/2022 08/26/2022 10:30am - 11:30am F Jabs-Devins, Anja 30.00, 35.00, 40.00 9A Silver Sneakers Classic (Jabs-Devins 09/05/2022 09/26/2022 9:15am - 10:15am M Jabs-Devins, Anja 30.00, 35.00, 40.00 9B Silver Sneakers Classic (Jabs-Devins 09/05/2022 09/26/2022 10:30am - 11:30am M Jabs-Devins, Anja 30.00, 35.00, 40.00 9C Silver Sneakers Classic (Jabs-Devins 09/02/2022 09/30/2022 10:30am - 11:30am F Jabs-Devins, Anja 30.00, 35.00, 40.00 9101 6 Silver Sneakers Classic (Cuomo-Obe 06/07/2022 06/28/2022 10:45am - 11:45am Tu Cuomo-Oberst, Amy 27.00, 32.00, 37.00 7 Silver Sneakers Classic (Cuomo-Obe 07/05/2022 07/26/2022 10:45am - 11:45am Tu Cuomo-Oberst, Amy 27.00, 32.00, 37.00 8 Silver Sneakers Classic (Cuomo-Obe 08/02/2022 08/30/2022 10:45am - 11:45am Tu Cuomo-Oberst, Amy 27.00, 32.00, 37.00 9 Silver Sneakers Classic (Cuomo-Obe 09/06/2022 09/27/2022 10:45am - 11:45am Tu Cuomo-Oberst, Amy 27.00, 32.00, 37.00 9110 6A Silver Sneakers Yoga 06/06/2022 06/27/2022 11:45am - 12:45pm M Jabs-Devins, Anja 30.00, 35.00, 40.00 6B Silver Sneakers Yoga 06/01/2022 06/29/2022 10:30am - 11:30am W Jabs-Devins, Anja 30.00, 35.00, 40.00 6C Silver Sneakers Yoga 06/01/2022 06/29/2022 11:45am - 12:45pm W Jabs-Devins, Anja 30.00, 35.00, 40.00 7A Silver Sneakers Yoga 07/11/2022 07/25/2022 11:45am - 12:45pm M Jabs-Devins, Anja 30.00, 35.00, 40.00 7B Silver Sneakers Yoga 07/06/2022 07/27/2022 10:30am - 11:30am W Jabs-Devins, Anja 30.00, 35.00, 40.00 7C Silver Sneakers Yoga 07/06/2022 07/27/2022 11:45am - 12:45pm W Jabs-Devins, Anja 30.00, 35.00, 40.00 8A Silver Sneakers Yoga 08/01/2022 08/29/2022 11:45am - 12:45pm M Jabs-Devins, Anja 30.00, 35.00, 40.00 8B Silver Sneakers Yoga 08/03/2022 08/31/2022 10:30am - 11:30am W Jabs-Devins, Anja 30.00, 35.00, 40.00 8C Silver Sneakers Yoga 08/03/2022 08/31/2022 11:45am - 12:45pm W Jabs-Devins, Anja 30.00, 35.00, 40.00 9A Silver Sneakers Yoga 09/05/2022 09/26/2022 11:45am - 12:45pm M Jabs-Devins, Anja 30.00, 35.00, 40.00 9B Silver Sneakers Yoga 09/07/2022 09/28/2022 10:30am - 11:30am W Jabs-Devins, Anja 30.00, 35.00, 40.00 9C Silver Sneakers Yoga 09/07/2022 09/28/2022 11:45am - 12:45pm W Jabs-Devins, Anja 30.00, 35.00, 40.00 9111 6 Body Conditioning 06/03/2022 06/24/2022 11:45am - 12:45pm F Jabs-Devins, Anja 30.00, 35.00, 40.00 Irondequoit Recreation User: MH Run Date/Time: 04/28/2022 @ 3:43pm Page: 3 of 3 Addendum B IR- Activity Section Listing Group Exercise Instructors for Resolution Activity#Sec Description Beg Date End Date Time Period Days Instructor Group Ex Payout Tiers 9111 7 Body Conditioning 07/01/2022 07/29/2022 11:45am - 12:45pm F Jabs-Devins, Anja 30.00, 35.00, 40.00 8 Body Conditioning 08/05/2022 08/26/2022 11:45am - 12:45pm F Jabs-Devins, Anja 30.00, 35.00, 40.00 9 Body Conditioning 09/02/2022 09/30/2022 11:45am - 12:45pm F Jabs-Devins, Anja 30.00, 35.00, 40.00 9115 6 Silver Sneakers Circuit 06/03/2022 06/24/2022 8:30am - 9:30am F Cuomo-Oberst, Amy 27.00, 32.00, 37.00 7 Silver Sneakers Circuit 07/01/2022 07/29/2022 8:30am - 9:30am F Cuomo-Oberst, Amy 27.00, 32.00, 37.00 8 Silver Sneakers Circuit 08/05/2022 08/26/2022 8:30am - 9:30am F Cuomo-Oberst, Amy 27.00, 32.00, 37.00 9 Silver Sneakers Circuit 09/02/2022 09/30/2022 8:30am - 9:30am F Cuomo-Oberst, Amy 27.00, 32.00, 37.00 9120 6A Zumba Gold 06/07/2022 06/28/2022 9:45am - 10:30am Tu Hensel, Michelle Ann 30.00, 35.00, 40.00 6B Zumba Gold 06/02/2022 06/30/2022 9:45am - 10:30am Th Hensel, Michelle Ann 30.00, 35.00, 40.00 7A Zumba Gold 07/05/2022 07/26/2022 9:45am - 10:30am Tu Hensel, Michelle Ann 30.00, 35.00, 40.00 7B Zumba Gold 07/07/2022 07/28/2022 9:45am - 10:30am Th Hensel, Michelle Ann 30.00, 35.00, 40.00 8A Zumba Gold 08/02/2022 08/30/2022 9:45am - 10:30am Tu Hensel, Michelle Ann 30.00, 35.00, 40.00 8B Zumba Gold 08/04/2022 08/25/2022 9:45am - 10:30am Th Hensel, Michelle Ann 30.00, 35.00, 40.00 9A Zumba Gold 09/06/2022 09/27/2022 9:45am - 10:30am Tu Hensel, Michelle Ann 30.00, 35.00, 40.00 9B Zumba Gold 09/01/2022 09/29/2022 9:45am - 10:30am Th Hensel, Michelle Ann 30.00, 35.00, 40.00 9150 6A Motion Promotion-Tues 06/07/2022 06/28/2022 10:15am - 11:15am Tu Lang, Carol 30.00, 35.00, 40.00 6B Motion Promotion-Thurs.06/02/2022 06/30/2022 10:15am - 11:15am Th Lang, Carol 30.00, 35.00, 40.00 6C Motion Promotion-Thurs.06/02/2022 06/30/2022 11:30am - 12:15pm Th Lang, Carol 30.00, 35.00, 40.00 7A Motion Promotion-Tues 07/05/2022 07/26/2022 10:15am - 11:15am Tu Lang, Carol 30.00, 35.00, 40.00 7B Motion Promotion-Thurs.07/07/2022 07/28/2022 10:15am - 11:15am Th Lang, Carol 30.00, 35.00, 40.00 7C Motion Promotion-Thurs.07/07/2022 07/28/2022 11:30am - 12:15pm Th Lang, Carol 30.00, 35.00, 40.00 8A Motion Promotion-Tues 08/02/2022 08/30/2022 10:15am - 11:15am Tu Lang, Carol 30.00, 35.00, 40.00 8B Motion Promotion-Thurs.08/04/2022 08/25/2022 10:15am - 11:15am Th Lang, Carol 30.00, 35.00, 40.00 8C Motion Promotion-Thurs.08/04/2022 08/25/2022 11:30am - 12:15pm Th Lang, Carol 30.00, 35.00, 40.00 9A Motion Promotion-Tues 09/06/2022 09/27/2022 10:15am - 11:15am Tu Lang, Carol 30.00, 35.00, 40.00 9B Motion Promotion-Thurs.09/01/2022 09/29/2022 10:15am - 11:15am Th Lang, Carol 30.00, 35.00, 40.00 9C Motion Promotion-Thurs.09/01/2022 09/29/2022 11:30am - 12:15pm Th Lang, Carol 30.00, 35.00, 40.00 9200 6 Small Group TRX with Anja 06/06/2022 06/27/2022 1:00pm - 2:00pm M Jabs-Devins, Anja 60.00% 7 Small Group TRX with Anja 07/11/2022 07/25/2022 1:00pm - 2:00pm M Jabs-Devins, Anja 60.00% 8 Small Group TRX with Anja 08/01/2022 08/29/2022 1:00pm - 2:00pm M Jabs-Devins, Anja 60.00% 9 Small Group TRX with Anja 09/05/2022 09/26/2022 1:00pm - 2:00pm M Jabs-Devins, Anja 60.00% Irondequoit Recreation User: MH Run Date/Time: 04/28/2022 @ 3:43pm Resolution No. 2022-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A PERSONAL TRAINER PAYMENT STRUCTURE 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 17th day of May 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 many different personal trainers (“Personal Trainers”) to provide personal training programs at the Irondequoit Community Center; and WHEREAS, each of the Personal Trainers will be an independent contractor; and WHEREAS, the Personal Training programs are paid for with fees received from participants; and WHEREAS, the Town of Irondequoit seeks to contract with Personal Trainers using the payment structure pursuant to Addendum A, which is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Supervisor to enter into contracts with the various Personal Trainers using the payment structure in Addendum A 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 __________ Addendum A Personal Training Payment Structure May 17, 2022 1:1 Training packages (60min sessions): Revenue: • 1 session $50 • 5 sessions $230 ($46/session) • 10 sessions $420 ($42/session) Contractor Pay: • $25/session (Flat) 1:1 Intro to Personal Training (60 min sessions): Revenue: • 3 sessions $120 ($40/session) Contractor Pay: • $25/session (Flat) 2:1 Training packages (60min sessions): Revenue: • 1 session $70 • 5 sessions $325 ($65/session) • 10 sessions $600 ($60/session) Contractor Pay: • $25/session (Flat) Resolution No. 2022 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING ENTRY INTO PROFESSIONAL SERVICES AGREEMENT WITH PATHWAY VET ALLIANCE LLC, D/B/A VETERINARY SPECIALISTS AND EMERGENCY SERVICE At the REGULAR meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 17th day of May, 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 Town of Irondequoit Animal Control Office is responsible for ensuring that all domestic animals (i.e., pets) in the Town of Irondequoit are cared for in accordance with Town and State regulations, in order to promote public safety and animal welfare; and WHEREAS, the Town currently lacks facilities to house stray dogs and cats during overnight and weekend hours, and lacks a stable community partner for providing such facilities; and WHEREAS, the Town receives approximately 20 calls per years where stray dogs or cats must be housed in an overnight or weekend facility; and WHEREAS, the Town wishes to enter into a Professional Services Agreement (“Agreement”) with Pathway Vet Alliance LLC, d/b/a Veterinary Specialists and Emergency Service (“VSES”) to provide temporary overnight and weekend boarding for stray animals found within the Town, at the rate of $50 per calendar day per dog and $20 per calendar day per cat; and WHEREAS, the Agreement will expire December 31, 2022; and WHEREAS, the total estimated cost of the Agreement is less than $5,000, and therefore, pursuant to Town Code Section 51-10, the Animal Control Office selected VSES upon reviewing the qualifications of firms capable of performing such professional service, negotiating the scope of such professional service and the project work to be performed and establishing fees for such professional service; and WHEREAS, funding is available for the Agreement in Budge Code ____________. NOW THEREFORE, BE IT RESOLVED THAT, the Town Board hereby approves of the Professional Services Agreement with Pathway Vet Alliance LLC, d/b/a Veterinary Specialists and Emergency Service, and authorizes the Supervisor to execute the same in substantially the form annexed as Exhibit A and in such final form as approved by the Attorney for the Town. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ 10915979_4 PROFESSIONAL SERVICES AGREEMENT This professional services agreement (“Agreement”) is made and entered into as of January 1, 2022, by and between Town of Irondequoit (the “Town”), a municipal corporation, on behalf of its Animal Control office, with an address of 1280 Titus Avenue, Rochester, NY 14617, and Pathway Vet Alliance LLC, dba Veterinary Specialists and Emergency Service, a Delaware Limited Liability Company with an office at 825 White Spruce Blvd., Rochester, NY 14623 (hereafter referred to as “Provider”). WHEREAS, the Provider provides professional veterinary services and temporary overnight (6PM to 10AM Monday through Friday) and weekend (Saturday and Sunday) boarding for stray animals; and WHEREAS, the Town wishes to engage the Provider, and the Town wishes to accept such engagement, to provide certain services to the Town pursuant to the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the foregoing, the promises and mutual covenants contained herein and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. This Agreement shall be for one (1) year, ending December 31, 2022. This Agreement is subject to review and modification upon mutual written agreement by both parties at any time. This Agreement may be terminated at any time by either party with or without cause upon thirty (30) days prior written notice. 2. The Provider will provide temporary overnight and weekend boarding for stray dogs, cats, and/or injured animals picked up by the Town or “Good Samaritans” within the Town of Irondequoit. The Provider will contact the Town when a “Good Samaritan” or police officer brings an animal to the Provider. The number of animals temporarily boarded at one time will not exceed three animals without specific approval of the Provider’s Hospital Director/Hospital Manager/Supervisor. 3. Animals being temporarily boarded will be provided food, water, and exercise on a regular and scheduled basis. Medical treatment will be administered under the supervision of the Provider’s veterinarians as approved by the Town. 4. Immediate emergency care, on a minimal life support basis, will be provided for any animal in critical condition or experiencing undue suffering at the Provider’s veterinarian’s discretion. In these cases, the Town will be notified as soon as possible. 5. The Town will communicate directly with the Provider’s veterinarian assigned to the injured animal in regard to the medical care disposition of the animal. 6. Animals with chronic medical conditions that are not emergency in nature will not be treated for these conditions at the Town’s expense without prior approval from the Town. 7. All stray animals must be picked up from the Provider and transferred to the 10915979_4 Town’s holding shelter by 10:00 AM on the first morning that the Town is open for business. An hourly rate of $20/hour will be charged for each hour past the pick-up time. 8. All communication with the public will be handled through the Town. This will include initial lost dog inquiries, initial injured animal inquiries, and updated vaccinations information. The Provider will release animals to owners/harborers only when the proper release forms have been obtained, fees have been satisfied, and/or on direct instructions from the Town. 9. Fees to be collected by the Town or the Town’s Clerks Office Officers prior to the release of any animals include charges for seizure, boarding, and license fees. 10. All fees owed to the Provider for services rendered, except boarding, will be paid directly to the Provider by the animal owner/harborer. 11. In performing under this Agreement, the Parties will comply with Article 7 of the New York Agriculture and Markets Law, to the extent applicable. 12. Provider will bill the Town on a monthly basis for boarding, euthanasia, and cremation fees accrued during the month. Payment terms are net 30 days from invoice date. A schedule of fees is annexed as Exhibit A. 13. In the performance of the work, duties and obligations undertaken by Provider under this Agreement, it is mutually understood and agreed that Provider is at all times acting and performing as an independent contractor. Except for the establishment of standards and parameters for the provision of services hereunder, the Town shall neither have nor exercise control over the methods by which Provider shall perform services under this Agreement. Provider agrees to provide services within the parameters established by the Town, but Provider will retain the right to determine the day-to-day methods by which the services will be performed. However, this shall in no way interfere with the right of Town to determine whether Provider is adequately, and in good faith, discharging his/her duties under this Agreement. 14. Provider shall carry and maintain insurance policies of the kind and at least the limits stated herein with insurers with an A.M. Best's Rating of not less than A-VIII, and shall name the Town and its officers, employees and agents as additional insureds on such policies, as follows: (a) commercial general liability of at least one million dollars ($1,000,000) per occurrence / two million dollars ($2,000,000) aggregate, which shall include coverage for bodily injury, personal injury, and property damage; (b) automobile liability of at least one million dollars ($1,000,000) combined single limit (bodily injury and property damage) for all owned, hired or borrowed and non-owned motor vehicles, and including additional personal injury protection coverage of $150,000 per person as well as supplementary uninsured motorist coverage in the maximum amount allowed by law; and (c) Workers Compensation and Disability Benefits Law coverage at statutory limits. 15. The Town and Provider (each, an “Indemnifying Party,” as applicable) shall each indemnify, defend and hold harmless the other party, its respective affiliates, and its respective directors, trustees, officers, members, managers, employees, and agents (collectively, “Indemnified Party”) from and against any and all suits, actions, proceedings, claims, judgments, damages, losses, liabilities, demands, costs, and expenses (including expert witness fees and 10915979_4 reasonable attorneys’ fees) of whatever kind incurred by the Indemnified Party arising out of: (a) breach or non-fulfillment of any representation, warranty, promise, condition, or covenant under this Agreement by the Indemnifying Party; or (b) any gross negligence or more culpable act or omission of the Indemnifying Party in performing its obligations under this Agreement. 16. Provider represents and warrants as follows: a. Provider has the requisite authority to execute and deliver this Agreement and perform its obligations hereunder. b. The performance of Provider’s obligations hereunder does not and will not violate or conflict with any obligation Provider may have to any third party. c. Provider and its employees and/or agents are sufficiently experienced, properly qualified, equipped, organized and financed to perform the services in compliance with the terms of this Agreement. d. Provider shall perform the services in a professional manner, consistent with the standard of skill and care exercised by the best professionals on projects of comparable scope and complexity, in a similar location and in conformance with the requirements of this Agreement. e. Provider shall comply with all federal, state, and local laws and regulations applicable to the performance of its obligations under this Agreement. 17. The provisions of this Agreement shall be severable and should any court determine that any part of this Agreement is invalid or unenforceable, such part or portion shall be deemed severed and shall not affect the enforceability of the other provisions hereof. 18. This Agreement shall be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed entirely within such State without reference to any conflicts of law principles thereof. The parties agreed to adjudicate all disputes in an court of competent jurisdiction located in Monroe County, New York. 19. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute the same instrument. By signing below, the designated representatives are verifying that they have read the above PROFESSIONAL SERVICES AGREEMENT and do hereby agree to the terms contained in this Agreement. TOWN OF IRONDEQUOIT: PATHWAY VET ALLIANCE LLC DBA VETERINARY SPECIALISTS AND EMERGENCY SERVICES 10915979_4 By: By: Name: Name: Stefanie Box Title: Title: General Counsel 10915979_4 Exhibit A 10915979_4 SCHEDULE OF FEES FOR PROFESSIONAL SERVICES Fees for the temporary boarding of stray/injured animals and professional veterinary services for the Town are as follows: 1. Overnight and weekend boarding of animals to include caging, food, and limited exercise calculated per day. Dogs: $50.00 per calendar day at Veterinary Specialists and Emergency Service Cats: $20.00 per calendar day at Veterinary Specialists and Emergency Service An hourly rate of $20/hour will be charged for each hour past the 10AMpick up time. Flea Treatment with Capstar: $10.00 Rabies Vaccination: $20.00 2. Emergency care at the Veterinary Specialists and Emergency Services with Animal Control Officer having direct access to the facility and a veterinarian available in residence 24 hours a day including all weekends and holidays, physical examinations, and recommendations for further diagnosis and treatment. Emergency exam: $80.00 Further medical care at standard hospital fees less 20% professional services discount 3. Minimal life support will have to be determined on a per case basis dependent on the extent of injuries in need of immediate medical attention. In all cases, the Town will be notified immediately of the anticipated expenses. If paid by owner/harborer: standard hospital charges. 4. If paid by the Town: 20% professional services discount of standard hospital fees. Euthanasia A standard fee of $55.00 will be charged for all animals euthanized, regardless of size, requested by the Town. A standard cremation fee of $68.00 per dog and $42.00 per cat will be charged for all animal cremations, if requested by the Town. Resolution No. 2022- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING EXECUTION OF LETTER AGREEMENT WITH TOWN ENGINEER TO PROVIDE REGULATION PLANNING ASSISTANCE 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 17th day of May, 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 Board adopted a resolution on January 16, 2014, appointing LaBella Associates, D.P.C. (“LaBella”) as Town Engineer of the Town of Irondequoit and authorizing the Supervisor to enter into a contract with LaBella to serve as Town Engineer; and WHEREAS, on February 25, 2014 the Town and Labella executed an Agreement for Professional Services Related to Designation as Town Engineer (the “Professional Services Agreement”); and WHEREAS, the Professional Services Agreement provided that LaBella would perform ongoing planning services upon receiving verbal or written direction by the Town, including supporting the Town’s planning and development professionals and reviewing site plans submitted to the Planning Board (the “Ongoing Services”); and WHEREAS, the Professional Services Agreement provided that LaBella would provide specific projects upon execution of a written authorization to proceed from the Town, including providing comprehensive planning studies (the “Special Projects Services”); and WHEREAS, the Town Board wishes to authorize LaBella to provide assistance in researching, preparing and revising draft regulations concerning cannabis facilities, for a total project time of approximately 32 hours—all at the hourly rate of $110 per hour for work performed by a project manager as included in the Professional Services Agreement, and in the estimated total amount of $3,520; and WHEREAS, the action contemplated herein constitutes planning/formulation of plans and therefore is a Type II action pursuant to the New York State Quality Review Act and its accompanying regulations, 6 NYCRR 617.5(c)(27) (“conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action), and further SEQRA review is not required at this time; and WHEREAS, funding for these expenditures will be drawn from account # 001.8020.4120. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the Letter Authorization between the Town and LaBella, dated May 16, 2022, to provide assistance in researching, preparing and revising draft regulations concerning cannabis facilities, for a total project time of approximately 32 hours—all at the hourly rate of $110 per hour for work performed by a project manager as included in the Professional Services Agreement, and in an estimated total amount of $3,520, in substantially such form annexed as Exhibit A, and in final form as approved by the Attorney for the Town, and further authorizes the Supervisor to authorize and execute the same. 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 _______ May 16, 2022 Rory Fitzpatrick, Supervisor Town of Irondequoit 1280 Titus Avenue Rochester, NY 14617 RE: Draft Cannabis Regulations/ Assist with Adoption Dear Supervisor Fitzpatrick: As a follow-up to our discussions with you and Kimie Romeo, I am submitting this letter form of proposal/agreement to assist the Town of Irondequoit with drafting special use permit regulations, definitions and other zoning amendment provisions to accommodate cannabis retail dispensaries and on-site consumption facilities in appropriate areas within the Town, consistent with New York State licensing provisions and the Town’s decision to “opt in” to allow these facilities within the Town. The proposal includes the following tasks: 1) Research and summarize New York State licensing requirements as they relate to local regulations 2) Compile model regulations from other communities 3) Prepare draft Special Permit Regulations 4) Revise regulations based on feedback from Town officials 5) Facilitate adoption and environmental review. Our fee is based on an hourly rate for professional services of $110 per hour, not to exceed $3,520. We anticipate completing the draft regulations by the end of May and will work with Town officials to review and revise so that the regulations are ready for adoption by the end of August 2022. If the proposal is acceptable, please sign and date the acceptance below and return a copy to me. If you have questions or would like to discuss details, please contact me by phone at (585) 295-6636 or e-mail at bjohnston@labellapc.com We look forward to assisting the Town with this endeavor. Respectfully submitted, LaBella Associates Accepted by the Town of Irondequoit Barbara Johnston, AICP, LEED AP ND By: ______________________________ Senior Planner Date: _______________________________ Resolution Number 2022- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR THE E.R.A.S.E ANNUAL JUNETEENTH EVENT At the regular meeting of the Town Board of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 17th day of May 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 Clerk’s Office received an application from E.R.A.S.E. requesting permission to hold their Annual Juneteenth Event on Sunday, June 19, 2022 as a Celebration; and WHEREAS, the event will be held from Noon to 4 PM at the Irondequoit Town Hall Gazebo, 1280 Titus Avenue, Rochester, NY 14617; and WHEREAS, proof of current insurance, which expires on (?), has been reviewed and approved by the Town’s insurance carrier. NOW, THEREFORE, BE IT RESOLVED that the Town Board approves the Special Event License for E.R.A.S.E. to hold its Annual Juneteenth Event on Sunday, June 19, 2022 from Noon to 4 PM at the Irondequoit Town Hall Gazebo, upon the condition that all affected residents are notified before the event. 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 APPLICATION FOR LICENSE TO CONDUCT FESTIVALS/CARNIVALS/EVENTS NOTE: This application is pursuant to Town of Irondequoit Municipal Code, Chapter 194, "Special Events", attached. If any section is not applicable to your event, please put N/A in lieu of leaving it blank. GENERAL: Name of Applicant: E.R.A.S.E / T'Hani Wade Applicant's Address: 1400 Portland Avenue Suite 24 Rochester NY 14621 Telephone Number: If Corporation, list State of Incorporation: Corporation Officers' Addresses: N/A N/A Type of Event Planned: Juneteenth Event Event Site Address: Town Hall Gazebo Location of Nearby Residents: (ATTACH A MAP SHOWING ALL RESIDENTIAL LOT LINES WITHIN 150 FEET OF EVENT SITE.) Name of Outside Contractor (or Concessionaire): N/A Contractor Residence Address (Local): N/A Contractor Telephone No.: N/A Contractor Business Address: N/A Contractor Business Telephone No.: N/A Names of Contractor Employees: N/A (If additional space is needed, please list on reverse side of this sheet.) If employees housed on event site, state in what manner: N/A Type and number of contractor rides/concessions/exhibitions to be used (Locate on map): N/A POWER: Type of electrical power to be used (house current, generator, etc.): Electric that is available at the Gazebo Location of generator on event site (Locate on map):_ N/A Type of lighting to be used (If searchlight is planned, indicate size and site location): N/A PARKINGI } ANSPORTA'flON: Storage location of trailers and trucks (indicate on map): Parking location of workers and patrons' vehicles (indicate on map): Street route to be used to transport equipment/rides to and from event site: Town Hall parking lot Nature and scope of event advertising: N/A Statement of method used by applicant and/or outside contractor to supervise parking/traffic flow: N/A SURETY: Applicant must tile with Town Clerk, upon approval of application but prior to issuance of license, the following: CERTIFICATE OF LIABILITY INSURANCE insuring the licensee and the Town of Irondequoit for a minimum of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage Liability, including Products and Completed Operations Coverage, arising out of the licensed activity. NOTE: The Town of Irondequoit must be listed on a primary and non-contributory basis. EVENT OPERATING SCHEDULE: (Maximum of 5 days from 8:00 AM to 12 Midnight only.) Equipment/rides set up start date 6/19/2022 Time 9am Event Start Date 6/19/2022 Time 12pm Event Completion Date 6/19/2022 Time 4pm Equipment/rides take down date 6/19/2022 _ Time 5pm RESPONSIBLE PARTIES: Person or alternate located on event site and responsible for all event activities during its operations: NAME T'Hani Wade ADDRESS 385 Titus Avenue Rochester NY 14617 TELEPHONE Iv NAME ADDRESS TELEPHONE NO. Date of Application: 515/22 _ Signature of Applicant: *PLEASE NOTE: IT IS THE RESPONSIBILITY OF THE APPLICANT TO PROVIDE THE TOWN CLERK'S OFFICE WITH A COMPLETED LICENSE APPLICATION AND PROPER INSURANCE REQUIREMENTS AT TIME OF SUBMITTAL. INCOMPLETE APPLICATIONS WILL NO LONGER BE ACCEPTED. FOR TOWN USE ONLY: Festivals / Carnivals / Events $100.00 Application Fee: Date Received: By: Insurance Approval: Fire Marshal Approval Police Department Approval Community Services Bureau of Public Works Signature Date Signature Date Signature Date Security Deposit (If Applicable) Amount Taken:._ Received by: Date Received: 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. March 24, 2004 NEW W LOCAL LA W Chapter 194 entitled "SPECIAL EVENTS" § 194-1. Title. This chapter shall be known and may be cited as the "Special Events Ordinance of the Town of Irondequoit," hereinafter referred to in the chapter as "Special Events" or "Events." § 194-2. License required. A. No person, organization or group shall conduct, exhibit or cause to be conducted or exhibited any organized activity, including but not limited to, parades, road races, walks, festivals, shows, performances, circuses, outdoor carnivals, medicine shows, acrobatic exhibitions, bazaars or performances or any concession or refreshment stand in conjunction therewith without a license as hereinafter provided. Determinations as to type of activity shall be made by the town clerk, town attorney and the town's insurance agent. B. All town sponsored activities are exempt from the licensing requirements of this chapter. C. Vendors contracted by the town to vend at town sponsored activities are required to comply with this chapter as it relates to insurance requirements. § 194-3. License application; bond. A. Any person, organization or group desiring to procure a license is herein required to file with the Town Board a written application for such license upon the form provided by the town. B. Such application shall state: (1) The name and address of the applicant and the owner of the site. If a corporation, the state of incorporation and the names and addresses of all officers thereof shall be included. If an outside contractor or concessionaire is involved, all provisions for the installation, housing or residence of employees, take down of rides, concessions, exhibitions, lighting and pertinent devices, including all power sources and ancillary activity, shall be set forth, including the storage and parking of equipment and trucks. Furthermore, any outside contractor shall be required to submit the proper certificate of insurance, and said certificate shall be appended to the application, and said certificates shall meet all the requirements of Subsection D. (2) Provisions made for parking of motor vehicles of patrons and of workers. (3) The scope and nature of advertising for the event sought to be licensed. (4) The period of time for which the license is required, including setup and take -down time. There will be no activity of any nature whatsoever on the licensed site either of preparation and setup, operation of the activity, nor take -down and cleanup time between the hours of 12:00 midnight and 8:00 a.m., under any circumstances, (5) The kind and character of the festival and the lighting, sound and power sources to be used, (6) The place where the festival is to be conducted, with an appropriate reap or survey exhibiting all residential lots within one hundred fifty (150) feet of the festival site. (7) The route over which any equipment and/or materials are to be transported to and from the place where the festival is to he conducted. (8) Such other information as may be required by the Town Clerk or Town Board. C. Bond. The application shall be accompanied by a performance bond determined by the Town Board and the Town Attorney to the Town oflrondequoit, conditioned upon the strict compliance with the terms of the license, of this chapter and of all laws of the State of New York. It shall indemnify the town against any damage or loss occasioned by reason of such showing, either directly or indirectly. Said bond must be first approved as to form by the Town Attorney before filing with the application. D. The application shall be accompanied by an appropriate certificate of liability insurance insuring the licensee and the Town oflrondequoit as more fully described in §194-4. §194-4, Insurance and Indemnification Requirements. A. This section shall apply to: (1) All license applicants as set forth in §194-2. (2) All applicants for non -town sponsored activities held on town grounds. (3) All vendors contracted by the town to vend at town sponsored activities. B. The following requirements must be met: (1) For all activities conducted by the town and/or conducted nn town grounds: (a) Insurance eouipany(ies) providing coverage(s) must: [1] Carry a minimum "B+ VIII" rating from A.M, Best Co.; [2] A minimum of one million dollars ($1,000,000.) combined single limit for bodily injury and property damage. liability, including products and completed operations liability coverage, and automobile coverage (if applicable) is required; and [3] Be. admitted to do business in the State of New York. (b) For applicant's that arc self -insured, proof must be shown of adequate financial responsibility, subject to approval by the town clerk, town attorney and the town's insurance agent. (2) For all other activities requiring authorization by the town or requiring permits, the applicant must provide the following: (a) Insurance company(ies) providing coverage(s) must: [1] Evidence of adequate insurance with a financially sound insurance company; [2] A minimum of one million dollars ($1,000,000.) combined single limit for bodily injury and property damage liability, including products and completed operations liability coverage, and automobile coverage (if applicable) is required. [3] Be admitted to do business in the State of New York. (b) For applicants that are self -insured, evidence of self-insurance with adequate financial responsibility must be provided. Such evidence is subject to approval by the town clerk, town attorney, and the town's insurance agent. (3) A minimum of thirty (30) days' advance notice of cancellation or nonrenewal must be given to the Town of Irondequoit, Town Clerk's Office, 1280 Titus Avenue, Rochester, New York 14617 (4) A certificate of insurance must he in the town's possession a minimum of thirty (30) days prior to the event or first use oftown facilities or fields. (5) The following coverage's are required: (a) Commercial general liabilily. [1] A minimum of one million dollars ($1,000,000.) combined single limit for bodily injury and property damage liability, including products and completed operations liability coverage, and automobile coverage (if applicable) is required. [2] Contractual liability must include coverage for the attached indemnification agreement. [3] The Town of Irondequoit shall be named as an additional insured. [4] If any sports contests or physical activities are involved, the certificate and policy must specifically state "The policy does not exclude liability coverage for bodily injury to participants or athletic participants." (b) Liquor law legal liability (when applicable). If there is to be any involvement on the part of the licensee in the service of alcoholic beverages, the certificate must include a minimum of one million dollars ($1,000,000.) combined single limit. (6) Any certificate of insurance must so state or be accompanied by a statement from the agent verifying that: (a) The agent has the authority to bind coverage and issue a certificate of insurance. (b) The commercial General Liability Insurance Policy does not exclude Bodily Injury Liability Coverage for injury to participants or athletic participants. (c) The policy does cover the Indemnification Agreement with the Town. (7) Additional coverage requirements for vendors only are as follows: (a) Workers' compensation. [1] Statutory benefits. [2] Employer's liability. Unlimited for New York State. (b) Disability benefits law coverage: statutory benefits. C. Indemnification Agreement. All applicants must sign the indemnification agreement provided by the town. § 194-5. Grounds for refusal of license. The Town Board may refuse to issue a license when, in its judgment, on the basis of findings made from the information provided in the application, such issuance will result in a disturbance of the peace and good order of the town or constitute a nuisance. The Board shall take into particular consideration the proximity of the licensed site to residential areas as well as the impact of noise from the festival itself and its power sources as well as lighting and advertising in addition to all of the matters set forth in the application. § 194-6. License fee; term. A. The license fec for any license issued under this chapter shall be set in accordance with § 1-18 and shall be paid to the Town Clerk upon the filing of the application. B. Each license issued pursuant to this chapter shall be for a period of not more than ten (10) days. A licensee shall he issued but one (l) license hereunder per calendar year. § 194-7. Issuance of the license; refund of fee; revocation. A. The Town Clerk may, upon filing of the application, the bond and other required data as herein provided and upon payment of the required fee, authorize the issuance of the license for such festival upon such terms and conditions as he or she deems appropriate. All licenses shall set forth in bold print the following; "Noncompliance with any of the terms and conditions herein shall result in the immediate suspension of the activity licensed." B, In the event that the license is refused or the event is canceled, the entire fee paid shall be refunded except for twenty-five dollars ($25.) to cover the administrative expenses of the town in processing the application. C. Revocation. The Town Board shall have the right to order the revocation of any license granted hereunder in accordance with Town Law § 137, as amended or changed, upon a finding of a violation of this chapter or of the terms and conditions of the license as issued. § 194-8. Penalties for offenses. Any person, organization or group violating the provisions ot'this chapter and the license issued hereunder shall be guilty of a misdemeanor punishable as provided in § 1-I6. In addition, any and all persons, organizations or group who shall violate any provision of this chapter or who shall omit, neglect or refuse to do any act required by this chapter or the license issued hereunder shall, for each and every such violation and noncompliance, respectfully forfeit and pay a penalty of three hundred dollars ($300.) in addition to the above. The application of the above penalty or penalties or the prosecution for violation of the provisions of this chapter shall not be held to prevent the enforcement of conditions prohibited by this chapter. TOWN OF IRONDEQUOIT "Where the land and waters meet." Est. 1839 Attention: Contractor, Subcontractor, Vendors, and other operating on town property Here at the Town of Irondequoit, we have an established policy that is applied uniformly to each contractor, subcontractor, service or individual (here after referred to as the "contractor") whose service(s) we utilize. This policy required that each contractor (I) Be adequately insured; meeting or exceeding the limits stated below, (2) Provide us with adequate proof of their insurance coverage; by means of Certificate of Insurance that is current, complete and meets our specifications and (3) Sign a hold harmless agreement; included in our contract or as separate document (see attached). Each contractor must initially provide this information to our main office before they will be allowed to perform any activity owned or managed by the Town of Irondequoit. Once received, reviewed and approved by our main office, the contractor will be given authorization to begin. if the documentation received does not satisfy our stated requirement, the contractor will be made aware and will not be allowed to begin any activity until compliance is met. The INSURANCE COVERAGES and limits required: General Liability Each Occurrence $1,000,000 Fire Damage (Any one fire) $100,000 Med Exp (Any one person) $10,000 Personal and Advanced Injury $1,000,000 General Aggregate $2,000,000 Products-Comp/Op Aggregate $2,000,000 Automobile Liability Combined Single Limit (Ea accident) $1,000,000 Excess Liability Each Occurrence & Aggregate $1,000,000 Workers Comp WC Statutory Limits $100,000/$100,000/$500,000 The CERTIFICATE OF INSURANCE See attached sample I'he HOLD IIARMUSS AC:REIEMYMENT atlaclied must be agreed to and sighed TOWN OF IRONDEQ UOIT "Where the land and waters meet." Est. 1839 IMDEMNIFICATION AND CONTRIBUTION AGREEMENT To the fullest extent permitted by law, Contractor agrees to indemnify, defend 'i'rryn s�f lrondequoit 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 rpm pf lrondecluoit 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 arc 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 Towle of Iroudcquoil 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. Date (Individual or Company Name By Signature Print Name and Office A 07 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 05/02/2022 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms end conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rl hts to the certificate holder in lieu of such endorsement(s).. CONTACT WilomEt ll Maddux PHONE 530 ,wc.N9,E$tY:,_ (530) 477-6521 E-MAIL th info ADOREss: @el3venthelper.com INSURER'S AFFORCINGCOVERAGE INSURER A : Evanston Insurance CompaTly INSURER B : INSURER C : INSURER D : INSURER E INSURER F: PRODUCER East Main Street Insurance Services, Inc. Will Maddux PO Box 1298 Grass Valley CA 95945 INSURED ERASE THani Wade 1400 Portland Avenue Ste 24 Rochester NY 14621 COVERAGES CERTIFICATE NUMBER: FAX tom,}i. NAIL 35378 THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT. CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH 'NSA LTa TYPE OF INSURANCE OF PERTAIN, POLICIES. /IDOL MD INSURANCE MAW WVD LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN POLICY NUMBER ISSUED TO CONTRACT THE POLICIES REDUCED BY POLICY EFF {MAVDD/YYYYi THE INSURED OR OTHER DESCRIBED PAID CLAIMS. NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS POLICYffi[P.. [pdMit}t7A'YYYI A II GENII XPOLICY COMMERCIAL GENERAL CLAIMS -MADE Host Liquor Liability I Retail Liquor Liability LIABILITY / %\ OCCUR Y 3DS5473-M2049553 06/19/2022 12:01 AM 06/20/2022 12:01 AM EACH OCCURRENCE MADE TO RENTED PREMI.5 S (Ea accurronce) $ 1,000,000 $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL BADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: iL T.. JECT L i LOC OTHER' GENERAL AGGREGATE $ 2,000,000 $ 2,000,000 $ None PRODUCTS - COMP/OP AGG Deductible AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY I SCHEDULED AUTOS NON -OWNED COMBINED SINGLE LIMIT accAdani) $ _;Ea BODILY INJURY (Per person) $ — BODILY INJURY (Per accident) -(yg5iMY $ tG tear accident) $ - $ UMBRELLA LIAB EXCESS LIAB DE I RETENTION _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ k $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDEDT (Mandatory in NH) - If yes, describe under DESCRIPTION OF OPERATIONS below N/A I STAJUTE EERH E.L EACH ACCIDENT $ EL. DISEASE - EA EMPLOYEE $ E L, DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space 1s required) Certificate holder listed below is named as additional insured per attached MEGL 2217 01 19. Attendance: 200, Event Type: Holiday Event - Not Haunted - No Charge for Admission / Invite Only. Town of Irondequoit 1280 Titus Avenue Rochester 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 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3DS5473-M2049553 MARKEL EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Town of Irondequoit 1280 Titus Avenue Rochester, NY 14617 A. Section ll — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the acts or omissions of any insured listed under Paragraph 1. or 2. of Section II — Who Is An Insured: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 2217 01 19 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission.