HomeMy Public PortalAbout2022.05.27 STB Packet
SPECIAL TOWN BOARD MEETING
MAY 27, 2022
12:15 PM
AGENDA
PLEDGE OF ALLEGIANCE
ROLL CALL
ITEMS FOR BOARD ACTION
5STB2022-1 RESOLUTION Authorizing an Intermunicipal Agreement with West Irondequoit
School District for an Irondequoit Police Department Detail
5STB2022-2 RESOLUTION Authorizing Stipend Pay
Resolution No. 2022 - ________
EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A
RESOLUTION AUTHORIZING AN INTERMUNICIPAL AGREEMENT WITH THE
WEST IRONDEQUOIT SCHOOL DISTRICT FOR AN IRONDEQUOIT POLICE
DEPARTMENT DETAIL
At the special 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 27th day of
May, 2022 at 12:15 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 West Irondequoit Central School District (“District”) has requested that the
Town of Irondequoit Police Department (“IPD”) provide a police detail to the District from May
27, 2022 through June 14, 2022, which would involve the presence of a single police officer for
two hours each school day from the hours of 2:00 p.m. to 4:00 p.m. (the “Police Detail
Services”); and
WHEREAS, the Town and District have negotiated the terms of an Intermunicipal Agreement
for Police Detail Services (the “IMA”) pursuant to which the IPD will provide the Police Detail
Services to the District; and
WHEREAS, the Town Board believes that the IMA is in the best interests of the Town and its
residents; 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 to
enter into the Intermunicipal Agreement for Police Detail Services with the West Irondequoit
Central School District, in substantially the form annexed hereto as Exhibit A and in final form
as approved by the Attorney for the Town.
This resolution shall take effect immediately upon its adoption.
Seconded by Town Board Member __________________________and duly put to vote, which
resulted as follows:
Town Board Member Wehner voting _______
Town Board Member Romeo voting _______
Town Board Member Freeman voting _______
Town Board Member Perticone voting _______
Town Supervisor Fitzpatrick voting _______
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INTERMUNICIPAL AGREEMENT
FOR POLICE DETAIL SERVICES
THIS INTERMUNICIPAL AGREEMENT FOR POLICE DETAIL SERVICES
(“Agreement”), effective May 27, 2022 (“Effective Date”), is 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 District has requested that the Town of Irondequoit Police Department
(“IPD”) provide a police detail to the District from May 27, 2022 through June 14, 2022, which
would involve the presence of a single police officer for two hours each school day from the hours
of 2:00 p.m. to 4:00 p.m. (the “Police Detail Services”);
WHEREAS, the Town and IPD have agreed to provide the Police Detail Services to the
District; 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. RESPONSIBILITIES: the IPD agrees to assign an officer or officers as decided by
the IPD in its discretion at the Irondequoit High School, 260 Cooper Rd, Rochester,
NY 14617, from 2:00 p.m. to 4:00 p.m. every school day from May 27, 2022 through
June 14, 2022. The District will reimburse the Town at the overtime rate of whatever
officer is assigned on any given day at the exclusive discretion of the IPD, which
overtime rate must include all fringe benefits such as but not limited to payroll taxes
and New York State Retirement contributions so that the Town’s costs are fully
covered by the District. The IPD will have the discretion on any given day to dispatch
its officer(s) to another location to assist in maintaining public safety in the event that
an unforeseen emergency occurs. IPD personnel assigned to the District will be under
the direct control and supervision of the IPD only.
2. CONSIDERATION: In consideration for the provision of the service listed above,
the District agrees to reimburse the IPD as set forth above. Any hours expended
beyond the estimated time frame set forth above will be billed and submitted to the
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District following the event. Reasons for such additional hours include, but are not
limited to, the following:
a. The District requests, and IPD in its sole discretion agrees, that the assigned
officer stay at the District longer than anticipated; and
b. Problems or unforeseen events, for which the District is liable, which require
assignment of additional manpower to maintain public order.
3. INJURY TO IPD PERSONNEL: The District agrees to cover the lost wages and
medical costs, immediate and recurring, for any IPD Personnel working in or about
the District pursuant to this agreement that result from the District’s negligence in not
maintaining its premises in a safe condition, such as (but not limited to) a slip and fall
or exposure to toxic substances. The Town will continue to be responsible for any
injury to IPD Personnel resulting from required police work such as arrests or physical
restraints of subject(s).
4. RELEASE AND INDEMNIFICATION: The District shall indemnify and hold
harmless the Town and the IPD of and from any and all claims, liability, suits, actions,
responsibilities, judgments and loss, including reasonable attorney’s fees which it shall
suffer, or which shall be made against it on account of loss of life, personal injury, or
property damage received or sustained by any person, by reason of any act or omission
on the part of the District, its officers, employees, agents, invitees or contractors except
that the District shall not be required to indemnify the Town or the IPD for any such
damage or loss arising out of any negligent acts of the Town and the IPD, its officers,
employees, contractors or agents.
5. INSURANCE: The District shall procure and maintain a policy of insurance for this
Agreement. The policy of insurance required is a general liability insurance (including,
without limitation, contractual liability) with single limits of liability in the amount of
$1,000,000.00; $3,000,000.00 in the aggregate; of which $1,000,000.00 of the
aggregate coverage may be provided by an umbrella policy. Original certificates
evidencing such coverage, and indicating that such coverage shall not be canceled or
amended in any way without thirty (30) days’ prior notice to the Town and the IPD,
shall be delivered to the Town and the IPD at the time of execution of the Agreement.
The District’s insurance shall provide for and name the Town and the IPD as an
additional insured and shall insure the Town and the IPD for all claims relating to this
Agreement. All policies of insurance shall be issued by companies in good financial
standing, duly and fully qualified and licensed to do business in New York State, and
otherwise acceptable to the Town and the IPD. Failure to provide such proof of
insurance shall be grounds to cancel this Agreement.
6. RELATIONSHIP OF PARTIES: The District acknowledges and represents that the
Town and the IPD are not partners, joint venturers, or sponsors of the District.
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7. TERM: This Agreement shall commence on May 27, 2022 and end on June 14, 2022.
Either party upon written notice to the other may terminate this Agreement (“Early
Termination”). Upon such Early Termination, the District shall remain liable for any
outstanding consideration for the Police Detail Services.
8. 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 special meeting held on May 27, 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.
9. 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.
This Agreement may be executed in counterparts, each of which will be considered an
original.
10. 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: Alan J. Laird, Chief
Irondequoit Police Department
Town of Irondequoit
1300 Titus Avenue
Rochester, NY 14617
To the District: Dr. Aaron Johnson, Superintendent
West Irondequoit Central School Distr.
321 List Ave
Rochester, NY 14617
11. 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.
12. MODIFICATION: No modification of any provision of this Agreement shall be valid
unless in writing and signed by both parties.
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13. ASSIGNMENT: Neither party may assign this Agreement without prior written
consent of the other party.
14. 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.
15. 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.
[Signature Page Follows]
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TOWN OF IRONDEQUOIT
By:
Name: Rory Fitzpatrick
Title: Supervisor
Date: ____________________, 2022
WEST IRONDEQUOIT CENTRAL SCHOOL
DISTRICT
By:
Name: Dr. Aaron Johnson,
Title: Superintendent
Date: __________________, 2022
Resolution No. 2022-________
EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING
A RESOLUTION AUTHORIZING STIPEND PAY
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
27th day of May, 2022, at 12:15 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 position of Director of Development Services is currently vacant; and
WHEREAS, Mary Werner, Code Compliance Coordinator, has been assigned additional
responsibilities overseeing the offices and employees within the Department of
Community Development; and
WHEREAS, it is recommended that Mary Werner be compensated accordingly.
NOW, THEREFORE, BE IT RESOLVED, that Mary Werner shall receive a stipend of
$40.00 each day she is assigned the duties of office manager for the Department of
Community Development.
This resolution shall take effect retroactively to May 23, 2022.
Seconded by the Town Board Member ____________________ and duly put to vote,
which resulted as follows:
Town Board Member Wehner voting __________
Town Board Member Freeman voting __________
Town Board Member Romeo voting __________
Town Board Member Perticone voting __________
Town Supervisor Fitzpatrick voting __________