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HomeMy Public PortalAbout2022.08.16 RTB Packet REGULAR TOWN BOARD MEETING AUGUST 16, 2022 7:00 PM 08-15-2022 11:31 AM PLEDGE OF ALLEGIANCE ROLL CALL SUPERVISOR’S REMARKS & ANNOUNCEMENTS PUBLIC INPUT FINANCIAL REPORT APPROVAL OF MINUTES July 12, 2022 Workshop Meeting July 19, 2022 Regular Town Board Meeting ITEMS FOR BOARD ACTION Appointments 8A2022-1 Resolution Authorizing the Appointment of a Planning Board Member to the Town Planning Board 8A2022-2 Resolution Authorizing the Appointment of a Member to the Town Zoning Board of Appeals 8A2022-3 Resolution Authorizing the Appointment of an Alternate Member to the Town Zoning Board of Appeals 8A2022-4 Resolution Authorizing the Appointment of School Crossing Guard in the Irondequoit Police Department 8A2022-5 Resolution Authorizing the Appointment of a Provisional Assistant Fire Marshal 8A2022-6 Resolution Authorizing the Appointment of an Ethics Board Member 8A2022-7 Resolution Authorizing the Appointment of a Part-Time Recreation Assistant Assessor 8A2022-8 Resolution Authorizing the Supervisor to Enter into an Amended Contract with Emminger, Newton, Pigeon & Magyar, Inc. (ENPM) for Services Relating to the 2023 Reassessment Project Community Development 8A2022-9 Resolution Declaring Town Board Lead Agency and Adopting Negative Declaration Pursuant to State Environmental Quality Review Act Regarding a Local Law to Adopt Time, Place and Manner Requirements for Cannabis Facilities 8A2022-10 Resolution Adopting a Local Law to Adopt Time, Place and Manner Requirements for Cannabis Facilities Comptroller 8A2022-11 Resolution Authorizing the Annual Audit of the Town Courts 8A2022-12 Resolution Authorizing an Agreement with Stonebridge Business Partners for Auditing Services Court 8A2022-13 Resolution Authorizing Grant Application from the Justice Court Assistance Program Human Resources 8A2022-14 Resolution Allocating American Rescue Plan Act Funding 8A2022-15 Resolution Authorizing the Increase of Salary for a Management Assistant in the Department of Recreation ICAT 8A2022-16 Resolution Authorizing the Integration of Social Media Archiving for Town-Run Profiles and Accounts Police 8A2022-17 Resolution Authorizing Attendance at the International Association of Chiefs of Police 2022 Training Conference 8A2022-18 Resolution Authorizing Attendance to Handling the Challenges of Animal Control Training and Seminar 8A2022-19 Resolution Authorizing the Acceptance of a Gift of Audio Services Public Works 8A2022-20 Resolution Awarding of Bid for McAvoy Park Artificial Turf Replacement 8A2022-21 Resolution Awarding of Bid for McAvoy Park Lighting Retrofit and Replacement 8A2022-22 Resolution Awarding Bid for 4-Ton Asphalt Hotbox Trailer 8A2022-23 Resolution Regarding First Amendment to the Lease with Sprint for Cell Tower Use Recreation 8A2022-24 Resolution Accepting Award of Additional Funds from Monroe County Department of Human Services Office for the Aging, and Authorizing the Use of Revenue Recovery Funding for the Excess Costs of a Van for Senior Residents 8A2022-25 Resolution Accepting Gifts for Irondequoit’s July 4th Celebration Supervisor 8A2022-26 Resolution Establishing the One Irondequoit Citizen Committee Town Clerk 8A2022-27 Resolution Approving the Amended Special Event License for the 11th Annual Rochester Area Triathletes (RATs) Triathlon NEXT WORKSHOP MEETING--TUESDAY, SEPTEMBER 13, 2022 @ 4:00 PM NEXT REGULAR TOWN BOARD MEETING--TUESDAY, SEPTEMBER 20, 2022 @ 7:00 PM Town of Irondequoit Financial Report Month Ending 7/31/22 EXPENSES Percent Percent Fund Original Amended Cumulative, Year to Month End of of Budget Budget Budget Expended Encumb'd Available Year Spent & 13,718,923 Balance Elapsed Enc'brd 001 General (includes cemetery) 24,182,234 24,784,072 12,295,643 1,423,280 11,065,149 58 3% 55 4% percent of amended budget 49.6% 5.7% 44.6% 005 Library 2,789,034 2,789,061 1,482,848 11,049 1,295,164 58 3% 53 6% percent of amended budget 53.2% 0 4% 46 4% 021 Highway# 1, Road Impvts 3,462,996 3,473,097 535,160 1,022,767 915,807 58 3% 73 6% percent of amended budget 44,2% 29.4% M 26.4% 023 Highway # 3, Equipment Maint 1,105,272 1,105,272 e 609,111 262,964 cc' N 233,198 58-3% 78 9% 74.1% percent of amended budget 5,667 246 mom. 55.1% 23.8% 21 1% 024 Highway # 4, ROW / Winter 1,085,082 1 1,088,877 `` 636,420 133,274 I 317,183 58 3% 70 9% )) .--- percent of amended budget t` 58,6% o P 9 122% 29.1/0 031 Consolidated San. Sewer Dist 3,993,594 4,070,695 2,079,671 188,321 1,802,703 58.3% 55.7% percent of amended budget 51 1% 4.6% 44 3% 038 Stormwater Drainage Dist 876,680 923,325 314,148 66,139 543,038 58 3% 41 2% percent of amended budget 34,0% 7.2% 58 8% 036 LaSalle Landing Sewer District 142 142 142 0 0 58.3% 100 2% percent of amended budget 100.2% 0-0% -0 2% 039 Rock Beach San Sewer Dist 8,707 8,707 478 0 8,229 58 3% 5.5% percent of amended budget 5,5% 0 0% 94.5% 040 Orland Road San Sewer Dist. 14,424 14,424 1,712 0 12,712 58.3% 11,9% percent of amended budget 11-9% 0.0% 88,1% 051 Sea Breeze Water District 1,136,160 1,136,160 489,654 0 646,506 58 3% 43 1% percent of amended budget 43.1 % 0.0% 56.9% 071 - 098 Lighting Districts 153,000 153,000 76,366 83,884 -7,250 58 3% 104.7% percent of amended budget 49.9% 54.8% -4,7% TOTAL 38,807,325 39,546,832 19,523,353 3,191,040 16,832,439 58.3% 57_4% Percent of Amended Budget Spent Percent of Amended Budget Encumbered Total Percent Spent & Encumbered 22,714,393 49,4% 8 1% 57.4% Tax Levy Sensitive 32,624,760 33,240,520 16,561,324 2,852,696 13,826,500 58 3% 58.4% Total Spent + Encumbered 19,414,020 49.8% 8.6% 41.6% 58.4% REVENUES Fund 001 General: Real Estate Tax Payment In Lieu of Tax Saes Tax (001-1001) (001-1081) (001-1120) Mortgage Tax (001-3005) AIM -Related Payments-NYS (001-2750) Interest Earnings (001-2401) Franchise Cable TV Recreation Program Fees Cemetery Revenues (001-1170) (001-2001) (001-2190/2665) Fines & Bail Forfeitures (001-2610) Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance Original Budget 11, 797,475 286,471 5,700,000 980,000 613,283 5,000 683,500 871,505 105,000 210,400 2,085,320 842,260 Amended Budget 11, 797,475 288,471 5,700,000 980,000 613,283 5,000 683,500 871,505 105,000 210,400 2,085,320 842,280 Cumulative Receipts Through This Month Balance to be Received 11,797,475 0 257,696 30,775 1,055,553 4,644,447 279,312 700,688 0 613,283 4,601 399 -3,677 687,177 426,132 445,373 60,670 44,330 51,276 159,124 968,847 1,116,473 842,280 0 24,182,234 24,182,234 15,740,165 8,442,069 Percent of Real Estate Tax 64 9% Percent of Year Elapsed Percent of Revenue Received 100 0% 89.3% 18.5% 28 5% 0 0% 92.0% -0 5% 48 9% 57 8% 24 4% 46 5% 58 3% 65 1% 2022 Printed on 8/5/2022 Page 1 Town of lrondequoit Financial Report Month Ending 7/31/22 Fund Cumulative Percent Percent Percent Original Amended Receipts Balance of of of Budget Budget as of to be Real Estate Year Revenue This Month Received Tax Elapsed Received 005 Library Real Estate Tax 2,680,059 2,680,059 2,680,059 0 14.8% 100.0% Other Sources of Revenue 108,975 108,975 59,379 49,596 54 5% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 2,789,034 2,789,034 2,739,438 49,596 58.3% 98 2% 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 1,740,074 602,294 1,137,780 34 6% Appropriated Fund Balance 225,000 225,000 225,000 0 Total, Revenue & Fund Balance 5,653,350 5,653,350 4,515,570 1,137,780 58.3% 79 9% 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 87,770 1,752 98 0% Appropriated Fund Balance 0 0 0 0 Tolal, Revenue & Fund Balance 3,993,594 3,993,594 3,991,842 1,752 58 3% 100 0% 038 Stormwater Drainage District District Service Charges 856,180 856,180 856,180 0 100 0% Other Sources of Revenue 20,500 20,500 196 20,304 1 0% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 876,680 876,680 856,376 20,304 58 3% 97,7% 036 LaSalle Landing Sewer District District Capital Charges 142 142 142 0 100 0% Other Sources of Revenue 0 0 0 0 #DIV/0! Total Revenue _ 142 142 142 0 58.3% 100,0% 039 Rock Beach San. Sewer District District Capital Charges 8,707 8,707 8,707 0 100 0% Other Sources of Revenue _ 0 0 3 -3 #DIV/0! Total Revenue 8,707 8,707 8.710 -3 58 3% 100 0% 040 Orland Road San. Sewer District District Capital Charges 14,424 14,424 14,424 0 100.0% Other Sources of Revenue 0 0 6 -6 #DIV/0! Total Revenue 14,424 14,424 14,430 6 58.3% 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 1,103,160 526,067 577,093 47 7% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 1,136.160 1,136.160 559,067 577,093 58.3% 49 2% 071 - 098 Lighting Districts District Real Estate Tax 153,000 153,000 153,000 0 100 0% Other Sources of Revenue 0 0 89 -89 Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 153,000 153.000 153,089 -89 58,3% 100 1% 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 4,376,214 10,228,496 30.0% TOTAL 37,740,045 37,740,045 27,511.549 10,228,496 58 3% 72 9% Appropriated Fund Balance Grand Total, Revenues and Appropriated Fund Balance 1,057.280 1,067.280 1,067,280 0 1000% 38,807,325 38,807.325 28,578,829 10,228,496 73.6% 2022 Printed on 8/5/2022 Page 2 Town Board Meeting Notes The financial results for the Town as of July 31, 2022: total expenses —actual as well as encumbered —are $22,714k or 57.4% of budget which is slightly below the 58.3% of the year that has elapsed. The breakdown is: $19,523k for actual expenses and $3,191k for encumbrances. Encumbrances are 8.1% —departments are continuing to commit to services and supplies for the remainder of the year. General Fund expenses are favorable to budget at 55.4% or $13,719k. The split here is: actual expenditures - $12,296k encumbered expenses — $ 1,423k. Contained within the General Fund encumbrances are: installment debt for equipment leased by the Solid Waste and Parks departments; Information Technology projects; attorney fees; and other contracted expenses throughout the Town. Also included are the 2022 projected but unexpended energy costs of the general fund street lighting account. Jointly, the highway funds' expenses are greater than the percent of the year that has elapsed at 74.1% or $4,201k. These costs are typically driven by salt, fuel, roadwork and paving services and materials such as oil and stoning and asphalt, as well as equipment parts. Expenditures in the Library are 53.6% of budget at $1,493k. Included in this amount is a bond payment of $481 k for principal and interest for the Consolidated Library. Sewer Fund expenses of $2,268k equate to 55.7% of budget. Expenses in Stormwater Drainage total $380k-41.2% of budget. We are underscoring again that the expenses excluding encumbrances for the Town 1 as well as the three major funds are less than the percent of the year that had elapsed. 58.3% of the year has elapsed and the actual expenditures percentage (Exclusive of encumbrances) for the Town is 49.4%; the General Fund is 49.6%; Sewer is 51.1%; and for the collective Highway funds -49.1%. Revenue received in the General Fund is $ 15,740k or 65.1% of budget. Real estate taxes are $ 11,797k. Payments In Lieu Of Taxes are $258k-89.3% of budget. The 1st quarter Mortgage Tax of $279k has been received —that revenue is at 28.5% of budget. Mortgage tax for the 2nd and 3rd quarters is expected in December. Two months of Sales Tax of $1,055k have been recorded; 2nd quarter receipts are anticipated in August. Other Sources of Revenue are at 46.5% and includes a $179k in property tax interest. Other major revenue items are expected later in the year include Franchise fees, generally received in September, and Aid and Incentives for Municipalities (AIM) related payments is expected in December. Regarding the entire Town: $28,579k or 73.6% of revenue and appropriated fund balance have been received to -date; approximately $18,165k is real estate tax. At the end of July, the Library had received $2,739k or 98.2% of its budgeted revenue. 79.9% or $4,516k has been received in the collective Highway funds. Sewer has received revenue of $ 3,992k-100.0% of that fund's budget. Stormwater Drainage has recognized $856k-97.7% of budgeted revenue. In addition, American Rescue Funds of $22,455k have been received. The use of this funding is restricted for the response to and relief of COVID-19 and 2 can be used to cover costs incurred through December 31,2024. A special revenue fund has been established to account for these funds. Approximately $16,145k has been allocated to projects throughout the Town. This concludes my financial report for the month of July 2022. 3 WORKSHOP MEETING JULY 12, 2022 119 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 July 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, Communication Assistant Mike Moss, Coordinator of Community Development Mary Werner, Commissioner of Public Works Erin Magee, Director of Human Resources Jason Vinette, Director of Recreation Katrina Hall, Recreation Assistant Megan Hoffman, Director of Administration Maria Vecchio, Assistant to the Supervisor Ellie Gustafson and Town Clerk Genier. Supervisor Fitzpatrick called the meeting to order, Pledge was said, and Town Clerk Genier called Roll. PRESENTATION: Pre-Application Review for Rezoning 1890 and 1848 Hudson Avenue: Kara Bartoszewicka from Arek Enterprises Inc. reviewed the application to rezone 1848 and 1890 Hudson Avenue from R-1 District to R-5 Multi-Family Housing. The two parcels comprise approximately 1.45 acres and the Developer would like to construct two-story townhomes to be rented with parking, utilities and stormwater management. Ms. Bartoszewicka stated that this would be between 12 to 18 townhomes with the exact number TBD once the engineer does site and design plans. She added that there are no other townhouses in the West Irondequoit area. These two parcels are surrounded by a mix of local businesses, including a gas station and other multi-family housing. The estimated rental fee would be $1,300 to $1,400 a month. SUPERVISOR’S REMARKS: Supervisor Fitzpatrick commented on the Solicitors’ permits and the process for obtaining said permits. The Town will be looking at the current process and updating the paperwork that goes with it. Currently, there is one application waiting for approval, and one that has not been submitted because the Company paperwork and fee have not been submitted. In order to begin the process for obtaining a permit, the Company is required to complete an application giving certain information regarding said Company, along with the appropriate application fee. Once that application is approved, the walkers can complete their information sheet and pay that fee. Once completed and approved, the walkers will be given a permit to take with them when going door to door. The process the Town has in place for solicitors is there to protect the residents. Councilmember Romeo spoke with many residents, and they remarked that they would rather not have solicitors in Town going door to door. Chief of Police Alan Laird stated that the application is a thorough one that requires a background check to show any convictions within the past ten years. The complaints given to the Supervisor were that the process is racist and that their application would be denied due to the past reputation of the Company. The applicant was a young woman from Colorado who may have felt that there should be a policy for her to waive the requirements to obtain a permit. Supervisor Fitzpatrick commented that he spoke to many residents and staff people who also shared that they do not want solicitors in Town going door to door. It was suggested that the Company’s information be added to the Town’s website so residents would know that these companies were approved to walk in Town. It was also suggested that the application be put on the website in fillable form and able to submit to Clerk’s Office. Supervisor Fitzpatrick gave an update on unleased dogs that are picked up by the Animal Control Officer and kept in cages in his office. If the owner has not picked up the dog by the weekend, the dog is taken to an emergency shelter for the weekend. Dogs are required to be leased when on Town property and licensed in Town. Supervisor Fitzpatrick has been receiving complaints about dogs at the July 4th celebration and also from people who use the baseball fields on Kings Highway. Supervisor Fitzpatrick stated the Town will be updating the Town Code book regarding these issues. In addition, Supervisor Fitzpatrick stated that the Town’s Rental Registry needs to be updated. The staff will be watching a seminar on July 21st to see how other municipalities are handling these rental issues, such as zombie homes, unoccupied houses and short-term rentals. WORKSHOP MEETING JULY 12, 2022 120 Supervisor Fitzpatrick addressed an event that took place in Irondequoit on Thursday night from 6:30 p.m. to 9:15 p.m. at a very busy intersection. The Police were there to help with street crossings. An issue of a possible code violation was raised regarding this event earlier in the week and the code violator tried to address the issue on Facebook against the Town. When the code violation was called into the Town, many other calls were sent in as well. The Town then went to inspect the violation. An event was held and the host blocked the road with a tractor. Chief of Police Alan Laird stated that there is a permit process to complete before closing any roadway. The Town needs to know if a road is going to be closed, especially if there is an emergency and emergency vehicles need to get through. Normally, the Police would call the owner of the vehicle and have them move it or have it towed by the Town. In this case, the Town allowed this event to continue and not make a scene. The Town gave the owner special privilege to keep the road closed. Chief Laird commented that the permit process is an easy one and most requests are granted. There was a written complaint sent in from a resident who couldn’t get to the event because he is wheelchair bound and was unable to get through the blocked off road. Supervisor Fitzpatrick ended by saying that all people need to follow the permit process if one is required. The Town did not suppress this business; it went out of its way to let the event continue. The permit process is in place to protect our residents. REVIEW OF AGENDA ITEMS FOR JULY 19, 2022 RTB MEETING: Financial Report: Comptroller Diana Marsh reviewed the 2022 financial results for the Town as of June 30, 2022. Total Actual Expenses and Encumbrances are 49.8% of budget or $19,687,353, which is consistent with the 50% of the year that has elapsed. Actual Expenses are $16,282,587 and encumbered expenses are $3,404,766. Encumbrances represent 8.6% of budget and expenditures represent 41.2% of budget. Encumbrances represent commitments for services, supplies and commodities that will be needed during the year. The General Fund Expenses are slightly favorable to budget at 47.3% or $11,713,808. Actual expenditures are $10,233,756 or 41.3% of budget; encumbrances are $1,480,052 or 6% of budget. Embedded in the General Fund encumbrances are general town-wide street lighting, attorney fees, street tree planting services and other contracted expenses throughout the Town. The Highway Fund expenses and encumbrances are $3,686,931 or 65% of budget, higher than the 50% of the year that has elapsed. Encumbrances account for $1,400,398 and include gas, fuel, salt, paving materials and equipment parts and actual expenditures are $2,286,533 or 40.3% of budget. Expenditures in the Library are $1,356,720 or 48.6% of budget. Actual expenses are $1,349,407 or 48.4% of budget and encumbrances are $7,313 or .3% of budget. The Sewer Fund expenses are 49.5% of budget, equating to $2,019,768. Actual expenditures total $1,667,653 (40.9%) and encumbrances of $352,115 account for the remaining 8.6%. Expenses in Stormwater Drainage total $350,000 or 37.9% of budget. Actual expenses are $283,371 or 30.7% and encumbrances of $66,669 account for 7.2%. of budget. The General Fund Revenue received is $15,307,750 or 63.3% of budget. At the end of June, the Town has received $11,797,475 of Real Estate tax—100% of budget. 89.3% of PILOT (Payment in Lieu of Tax) or $257,696 has been received. Another $25,000 is due in October and will bring that line item to budget. Recreation has verified $396.557, equating to 45.5% of budget. Two months of Sales Tax, totaling $1,055,553 or 18.5% of budget, has been received. Other major revenue sources such as Franchise Cable Fees, Mortgage Tax and AIM-related payments are due later in the year. Regarding the Entire Town: $27,547,759 or 71% of revenue has been received to date. Approximately $18,165,810 of the amount received is Real Estate Tax. The Library has received $2,727,574 or 97.8% of its budgeted revenue. The Highway Fund has received 73.9% or $4,175,080 of its budgeted revenue. Sewer has received $3,978,254 or 99.6% of that fund’s budget. Stormwater Drainage receipts of $856,290 (97.7%) of budget has been received. Comptroller Marsh then reviewed the second quarter year-to-date summary and comparison to the prior six years. Regarding expenditures by Fund, the percent of total budget spent and encumbered is 49.8%, which is similar to previous years. The middle third of the page contains the relevant Sources of Revenue for the General Fund and the bottom third of the page are second quarter revenue comparisons of the other Funds with the last line reflecting the total collective revenue and fund balance for the town. The 2022 General Fund revenue of 63.3% is comparable to prior years as is the town-wide revenue of 71%. Fluctuations occur year to year due to timing of cash WORKSHOP MEETING JULY 12, 2022 121 receipts. The Town has received its full allocation of American Rescue Funds totaling $22,455,000. The use of this funding is restricted for the responses to and relief of COVID-19 and can be used to cover costs incurred through December 31, 2024. To date, approximately $15.4M has been allocated to various projects. A special revenue fund has been established to account for these funds. Approval of Minutes: Minutes from the following meetings to be approved: June 14, 2022 Workshop Meeting June 21, 2022 Regular Town Board Meeting Appointments: Resolution 1: Authorizing the permanent appointment of Jeannine Whitaker as a Real Property Appraiser in the Assessor’s Office. Ms. Whitaker was appointed as a provisional Real Property Appraiser on April 13, 2022, and has been waiting for the results of the Exam she took on February 5, 2022. She has passed the Exam and is reachable per Civil Service guidelines. Resolution 2: Authorizing the appointment of Lisa Tuccio, an Irondequoit resident, as a part- time School Traffic Guard in the Irondequoit Police Department. She will be filling a vacancy due to a retirement. Resolution 3: Authorizing the appointment of Ramon Vasquez, an Irondequoit resident, as a second part-time School Traffic Guard in the Irondequoit Police Department. He will be filling a vacancy due to a retirement. Resolution 4: Authorizing the appointment of two Ethics Board Members. There are no names for these two appointments currently. Community Development: Attorney Andrew Dean reviewed the first resolution declaring Town Board Lead Agency and adopting Negative Declaration pursuant to State Environmental Quality Review Act regarding a local law to adopt time, place and manner requirements for cannabis facilities. He stated that last month a resolution was adopted calling for a public hearing on July 19th at 7:35 p.m. proposing the adoption of a local law amending Chapter 235 of the Town Code to adopt requirements for the siting of cannabis facilities and for the approval of special use permits for cannabis facilities by the Town Planning Board. The second resolution would formally adopt the local law regarding time, place and manner requirements for cannabis facilities. The local law, if adopted, would limit cannabis activity to the M-Manufacturing District and would require the cannabis applicant to apply for a Special Use Permit from the Town Planning Board. Comptroller: Comptroller Diana Marsh reviewed five resolutions pertaining to grants given by the Community Development Block Grant Program. The first resolution authorizes an agreement with the Catholic Family Center for non-medical home support services to the elderly in the sum of $26,100. The second resolution authorizes an agreement with Lifespan of Greater Rochester, Inc. for transportation services to the elderly in the sum of $26, 693. The third resolution authorizes an agreement with Lifespan of Greater Rochester, Inc. for the “Home Safe Home for Seniors” program in the sum of $15,000. The fourth resolution authorizes an agreement with the Irondequoit Community Cupboard to provide healthy food choices to low- income residents in the sum of $22,000. The fifth resolution authorizes an agreement with The Housing Council at Pathstone for housing counseling services to low- and moderate-income residents in the sum of $26,000. The CDBG Program runs from August 1, 2022 through July 31, 2023. Public Works: Commissioner of Public Works Erin Magee reviewed three (3) resolutions. The first resolution deals with State Environmental Quality Review Act with respect to storm sewer installation on Cascade Place where a portion of that street floods during heavy rain events. It was determined that the proposed action will not result in any significant adverse environmental impacts and a Negative Declaration was adopted. The second resolution awards the bid for the storm sewer installation on Cascade Place to Roc Earth, the lowest responsible bidder, in the amount of $142,964. This resolution would also increase the appropriation from the ARPA funds to $142,965. The original estimate for this project was $70,000. However, due to unprecedented material costs, this bid opened at a cost of $72,964 over the anticipated amount. The third resolution awards bid for columbariums at the Irondequoit Cemetery. The lowest responsible bidder was DiFiore Construction, Inc. in the amount of $660,500. Commissioner Magee stated that the Cemetery is running out of space and the Columbarium that is there is sold out and there is a waiting list in place. Recreation: Management Assistant Megan Hoffman reviewed two (2) resolutions. The first resolution authorizes the Supervisor to enter into a contract with Mike Sidoti for entertainment at the Irondequoit Community Center for senior events. The second resolution authorizes the WORKSHOP MEETING JULY 12, 2022 122 Supervisor to enter and amend various contracts with vendors for youth, family and senior recreational programming for summer 2022. This is for the addition of Tiny Titans Jujitsu, a program for 4 to 6 year old’s. Town Clerk: Town Clerk Genier reviewed two (2) resolutions. The first resolution approves the Special Event License for the Rochester Running Company/Robin Hood Racing, LLC Run Like Hell Halloween-themed 5K Race. This event will be held on Saturday, October 29, 2022 from 12 p.m. (set up time) to 6 p.m. (tear down), upon the condition that the Rochester Running Company/Robin Hood Racing LLC notifies all affected residents before the event. All approvals have been received. The second resolution approves the Special Event License for the 11th Annual Rochester Area Triathletes (RATs) Triathlon. This event will be held on Saturday, August 27, 2022 from 5:00 a.m. to 3 p.m., upon the condition that RATs notify all affected residents before the event. All approvals have been received. ITEMS FOR BOARD ACTION: 7WS2022-1 Resolution Authorizing the Transfer of a Police Officer On a motion made by Councilmember Perticone, seconded by Councilmember Freeman, a resolution was adopted approving the appointment of Bradley Little, contingent upon approval by the Civil Service Commission, as a permanent full-time Police Officer. Chief of Police Alan Laird explained that Officer Little is currently a Deputy in Livingston County and he applied to the Irondequoit Police Department about 6 weeks ago. Officer Little comes highly recommended and has passed all the tests. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-184 7WS2022-2 Resolution Authorizing the Supervisor to Enter into an Agreement of Asset Management System Software for Street Lighting On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to enter into the Asset Management Agreement with Signify. Commissioner of Public Works Erin Magee explained that this Agreement creates an account so when a streetlight gets hit or it no longer works, the Town would be notified, along with the contractor who will repair it. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-185 7WS2022-3 Resolution Authorizing the Chief of Police to Enter into an Intermunicipal Agreement with the Monroe County Sheriff’s Office to Access the EJustice Portal of the National Crime Information Center On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Chief of Police to enter into an Intermunicipal Agreement with the Monroe County Sheriff’s Office concerning access to the eJustice Portal of the NCIC. Chief of Police Alan Laird explained that this Agreement allows the Police Department to utilize the Sheriff’s Office Record staff, which operates 24/7, when the Irondequoit Records staff is not working. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-186 WORKSHOP MEETING JULY 12, 2022 123 7WS2022-4 Resolution Authorizing the Purchase of Tasers On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the purchase of the Taser Equipment from Axon Enterprises, Inc. in the amount of $70,169.94. Chief of Police Alan Laird explained that this resolution allows the Police Department to replace the tasers that are very old. It is imperative that the Department provide these non-lethal options to the officers who are working the streets. Chief Laird stated that Axon stated that the tasers would be delivered shortly after the order was processed. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Abstain Town Supervisor Fitzpatrick Aye Resolution Number 2022-187 Attorney Andrew Dean stated that pursuant to Town Code Section 36 1-a, one can only Abstain under Conflict of Interest. Councilmember Freeman stated that she was abstaining for religious purposes and there is no State or Local law that would take away her constitutional right to religious freedom. 7WS2022-5 Resolution Revising the Spending Plan for American Rescue Plan Act Funding On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the revised Spending Plan for American Rescue Plan Act funding as set forth in Exhibit A. Supervisor Fitzpatrick stated that revisions were made to the Spending Plan for American Rescue Plan Act (ARPA) funding. The revisions included $2,000,000 for upgrades to Camp Eastman Park; $70,000 for Stormwater System Installation at Cascade Place; and “Front Step Program” for residents in the sum of $500,000. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-188 7WS2022-6 Resolution Authorizing the Use of American Rescue Plan Act Funding for the Upgrading of Town Hall Campus Facilities On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted allocating ARPA funds in the total amount of $350,000 toward the Town Hall Campus Upgrades. Supervisor Fitzpatrick stated that this resolution would allocate ARPA funding of $350,000 toward the following upgrades—Town Hall bathrooms, installation of kennels in the old Public Works building, providing access control to the second floor of the Town Hall and to provide upgrades to the Public Safety Building’s exercise facilities. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-189 On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, pursuant to Public Officers Law §105-1(f)), an Executive Session was called at 5:29 PM to discuss the employment or removal of a particular corporation, Harter Secrest & Emery LLP, with respect to a particular matter in which it may have a conflict of interest. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED EXECUTIVE SESSION WORKSHOP MEETING JULY 12, 2022 124 On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, the Executive Session was adjourned at 5:55 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Supervisor Fitzpatrick stated that the only action taken was to seek outside counsel to investigate misappropriations of funds. Supervisor Fitzpatrick also stated that another resolution would be added to the agenda for July 19th which would authorize an increase in the salary for Megan Hoffman, Management Assistant in the Recreation Department. Ms. Hoffman will be taking on additional duties as the Director of Recreation will be leaving her job. Supervisor Fitzpatrick stated that at the June Regular Town Board meeting, the amount of ARPA funding for the “Front Step Program” was errantly stated as $150,000. The Town Board intended to allocate $500,000 for said program. The Town Board wishes to raise the allocation for the “Front Step Program” to $500,000 in order to help residents who need assistance in fixing up their homes. On a motion by Councilmember Romeo, seconded by Councilmember Perticone, the Town Board accepted the increase of ARPA funding for the “Front Step Program”. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED **The next Town Board meeting will be held on Tuesday, July 19, 2022 at 7 p.m.** On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Workshop Meeting was adjourned at 5:58 p.m. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk REGULAR TOWN BOARD MEETING JULY 19, 2022 125 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 19th day of July 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 Attorney for the Town Harter Secrest & Emery LLC ABSENT: Town Board Member Peter Wehner Others in attendance included Assessor Amy Jorstad, Chief of Police Alan Laird, Comptroller Diana Marsh, Management Assistant for Recreation Megan Hoffman, Director of Human Resources Jason Vinette, Commissioner of Public Works Erin Magee, Coordinator of Community Development Mary Werner, 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. PROCLAMATION: Supervisor Fitzpatrick read a Proclamation Wishing Town resident Marion Albergo a very Happy 100th Birthday. Ms. Albergo turned 100 today. She lives in her home which was built in 1950. She worked as a secretary for the Vice President of RF Communications (currently Harris Corporation). She was a founding member of the Rochester Chapter of Professional Secretaries’ Association where she was named Secretary of the Year at one point. As Ms. Albergo was not able to attend this meeting, the Proclamation will be delivered to her. HAPPY BIRTHDAY MARION!!! SUPERVISOR’S REMARKS AND ANNOUNCEMENTS: Supervisor Fitzpatrick noted the upcoming events in Irondequoit: *Blood Drive to be held on July 26th at the Irondequoit Public Library; *the Farmers’ Market is running on Thursdays from 4 to 8 p.m.; *a Classic Cruise Car Show and Concert will be held on July 24th on the Town Hall west grounds from 11 a.m. to 3 p.m.; *Movies Under the Stars begin on Friday, July 22nd on the west lawn of the Town Hall. The pre-Movie activities begin at 7 p.m. and the Movie begins at 8:45 p.m.; the Town Workshops can now be seen live on ICAT and Facebook Live. The Workshops are held at 4 p.m. on the second Tuesday of each month. PUBLIC INPUT: Donald Shuryn, 89 Tottenham Road, addressed the Board members regarding a code violation that has been going on for over two years. He and his neighbors are frustrated with the lack of progress in curing this violation. The property in question is 114 Tottenham Road. There is a black storage trailer parked in the driveway since before the pandemic, against Town code. The owner of the property did not appear in court for the scheduled court appearance. ESL foreclosed on said property in 2019. The delinquent taxes on the property have been sold. A box truck that the owner is currently driving has no license plates on the vehicle. The police have been called to the property on numerous occasions for various complaints. Mr. Shuryn wanted to know why have Town codes when there is no mechanism in place for accountability and enforcement. He also asked if this violation occurred in the Board members’ neighborhood, would the violation have been addressed quicker. Coordinator for the Community Development Department Mary Werner responded that this issue has been in the system for a while. She has taken it to the limit for Code Enforcement; the next step was to take the matter to the Irondequoit Court. The owner has never shown up for a court appearance. The trailer in question falls under the Commercial Vehicle Code and it cannot be removed from the property. Ms. Werner stated that her Department is at a standstill on this matter. The owner is in the court system but doesn’t show up to court; he has been issued bench and arrest warrants. Supervisor Fitzpatrick noted that the Town is working on this issue. Robert Shanebrook, 439 Avondale Road, addressed the Board members regarding an illegal waterline that goes across his property and what are possible solutions. This issue has been an on-going problem for many years. He feels the Town should not allow construction on this vulnerable EPOD slope that is known as Avondale Extension. He is suggesting that the existing waterline serving Bay Front Lane South be extended to serve the four houses in question. In 2017 the buried waterline was broken and the Town put in an unsurfaced waterline on his REGULAR TOWN BOARD MEETING JULY 19, 2022 126 property with no easement. The line goes from the top of the slope to the four homes on the shoreline. In 2018, the Town filed a violation of illegal construction for the waterline. Three years later, this matter went to the Irondequoit Town Court but it was never adjudicated. The illegal waterline is still on his property. In 2008 the area was classified as high risk, failing and is at 60% failure. Drilling for the waterline will not help, it will only damage it. Mr. Shanebrook has lived in his home for over 50 years and he has seen more failure of the slope in the last ten years than in the previous 40 years. He feels the best solution would be to just leave the hill alone, do not drill. Commissioner of Public Works Erin Magee stated that she has done quite a bit of research on this matter. She stated that it would be very difficult to bring any type of equipment into that area. The Town is working to find a solution to the problem. Robert Dates, 40 Delta Terrace, addressed the Town Board members regarding plans for houses to be built in his neighborhood. Mr. Dates and several of the neighbors feel that these homes are too big and will not fit in with the character of the neighborhood. He feels these homes will be used as B&Bs and the development of these homes will bring problems to the neighborhood, such as parties, increased traffic and noise. The Zoning Board members did eventually approve the plans for these homes. Mr. Dates added that he does not want his neighborhood to become overflow parking for Durand Eastman Park. He stated that people going to the park use the residents’ homes to leave their garbage, bottles, chairs and other items. FINANCIAL REPORT: Comptroller Diana Marsh reviewed the 2022 financial results for the Town as of June 30, 2022. Total Actual Expenses and Encumbrances are 49.8% of budget or $19,687,353, which is consistent with the 50% of the year that has elapsed. Actual Expenses are $16,282,587 and encumbered expenses are $3,404,766. Encumbrances represent 8.6% of budget and expenditures represent 41.2% of budget. Encumbrances represent commitments for services, supplies and commodities that will be needed during the year. The General Fund Expenses are slightly favorable to budget at 47.3% or $11,713,808. Actual expenditures are $10,233,756 or 41.3% of budget; encumbrances are $1,480,052 or 6% of budget. Embedded in the General Fund encumbrances are general town-wide street lighting, attorney fees, street tree planting services and other contracted expenses throughout the Town. The Highway Fund expenses and encumbrances are $3,686,931 or 65% of budget, higher than the 50% of the year that has elapsed. Encumbrances account for $1,400,398 and include gas, fuel, salt, paving materials and equipment parts and actual expenditures are $2,286,533 or 40.3% of budget. Expenditures in the Library are $1,356,720 or 48.6% of budget. Actual expenses are $1,349,407 or 48.4% of budget and encumbrances are $7,313 or .3% of budget. The Sewer Fund expenses are 49.5% of budget, equating to $2,019,768. Actual expenditures total $1,667,653 (40.9%) and encumbrances of $352,115 account for the remaining 8.6%. Expenses in Stormwater Drainage total $350,000 or 37.9% of budget. Actual expenses are $283,371 or 30.7% and encumbrances of $66,669 account for 7.2% of budget. Actual expenditures, excluding encumbrances, for the entire Town, as well as each of the Town’s three major funds, are below the 50% of the year elapsed. Actual Town-wide expenses represent 49.8% of budget while actual expenses for the General Fund are 41.3%, Consolidated Highway Fund are 40.3% and Sewer Fund—40.9%. The General Fund Revenue received is $15,307,750 or 63.3% of budget. At the end of June, the Town has received $11,797,475 of Real Estate tax—100% of budget. 89.3% of PILOT (Payment in Lieu of Tax) or $257,696 has been received. Another $25,000 is due in October and will bring that line item to budget. Recreation has verified $396.557, equating to 45.5% of budget. Two months of Sales Tax, totaling $1,055,553 or 18.5% of budget, has been received. Other major revenue sources such as franchise cable fees, mortgage tax and AIM-related payments are due later in the year. Regarding the Entire Town: $27,547,759 or 71% of revenue has been received to date. Approximately $18,165,810 of the amount received is Real Estate Tax. The Library has received $2,727,574 or 97.8% of its budgeted revenue. The Highway Fund has received 73.9% or $4,175,080 of its budgeted revenue. Sewer has received $3,978,254 or 99.6% of that fund’s budget. Stormwater Drainage receipts of $856,290 (97.7%) of budget has been received. Comptroller Marsh then reviewed the second quarter year-to-date summary and comparison to the prior six years. Regarding expenditures by Fund, the percent of total budget spent and encumbered is 49.8%, which is similar to previous years. The middle third of the page contains the relevant Sources of Revenue for the General Fund, and the bottom third of the page are second quarter revenue comparisons of the other Funds with the last line reflecting the total collective revenue and fund balance for the REGULAR TOWN BOARD MEETING JULY 19, 2022 127 town. The 2022 General Fund revenue of 63.3% is comparable to prior years as is the town-wide revenue of 71%. Fluctuations occur year to year due to timing of cash receipts. The Town has received its full allocation of American Rescue Funds totaling $22.455,000. The use of this funding is restricted for the responses to and relief of COVID-19 and can be used to cover costs incurred through December 31, 2024. To date, approximately $15.4M has been allocated to various projects. A special revenue fund has been established to account for these funds. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Financial Report was accepted. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye APPROVAL OF MINUTES: On a motion made by Councilmember Perticone, seconded by Councilmember Freeman, the June 14, 2022 Workshop Meeting Minutes were approved. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the June 21, 2022 Regular Town Board Meeting Minutes were approved. Supervisor Fitzpatrick commented that he has received numerous questions from the public regarding the audit for 2021, which reflected certain amounts of the Town’s overall budget were used to pay expenditures from private organizations. When asked about these funds, Attorney Dean stated that he thought those funds could have referred to funds given to Irondequoit Commission Advancing Racial Equity (I-CARE). This issue was brought to the Town’s attention in the Management Letter prepared by the auditors. A Town staff member brought it to the auditors’ attention and that person is not known and shall remain anonymous. Councilmember Freeman commented that I-CARE did not have a Town budget last year or this year and Attorney Dean said that was correct. She added that there was a line item for a part-time Administrator that was approved by the current Town Board and that was also confirmed by Attorney Dean. He stated that public funds given to a private organization violate the State Constitution and municipalities need to be very careful when dispersing public funds. Councilmember Freeman stated that the Board commissioned I-CARE in October of 2020. Attorney Dean stated that a Proclamation was adopted in October 2020 for I-CARE--not a resolution or local law. Councilmember Freeman noted that I-CARE was allowed to function in Irondequoit, to receive publicity and be recorded in the Rochester Business Journal as a Commission and Initiative in Irondequoit. Attorney Dean noted that the Town Board has two ways to act officially-- by adopting a resolution and/or a local law. Proclamations do not carry the force of law. Resolutions and local laws need to be acted upon in an open meeting with public notice given. Councilmember Freeman commented that Attorney Dean was consulted by former Supervisor Seeley and herself about this matter and it was never suggested that a resolution should be adopted. She added that she did not know for two years that this was not an official entity of Irondequoit. Councilmember Perticone then responded that he took office on August 2nd as Deputy Supervisor and this subject of I-CARE came up. He met with Attorney Dean who gave him the same legal advice that he is giving now, stating that I-CARE is not a Town Commission. As such, it was not put in the budget for 2022. Going forward, a resolution will have to be adopted regarding I-CARE. Councilmember Freeman was asked to meet with the Supervisor to discuss this issue, but she never scheduled an appointment, nor did she attend any of the meetings. Attorney Dean stated that his advice to the Town was always consistent—this should have been done by resolution. He has recommended to the Board that any public funds expended to private entities be carefully monitored for compliance with the State Constitution. Supervisor Fitzpatrick invited her to his office to continue discussing this matter and look over documents, but Councilmember Freeman would rather have the materials emailed to her. She was told she could bring anyone she wanted to meetings, including her attorney. Councilmember Freeman REGULAR TOWN BOARD MEETING JULY 19, 2022 128 wants to discuss this matter and has asked that the documents be emailed to her; she will not meet in the Supervisor’s office. She ended by stating that she is not privy to much of the information that is shared with the other Board members, and she is not invited to meetings. Supervisor Fitzpatrick said this is false. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye PUBLIC HEARING: 7PH2022-1 On the Matter of a Proposed Local Law to Adopt Time, Place and 7:35 PM Manner Requirements for Cannabis Facilities On a motion made by Councilmember Perticone, seconded by Councilmember Freeman, the Public Hearing was opened at 7:46 PM. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Attorney Andrew Dean explained that State legislature enacted legislation authorizing recreational cannabis in New York State, subject to municipalities choosing to opt out. Irondequoit did not opt out. The State legislation gives the municipalities the ability to adopt reasonable time, place and manner requirements for the facilities. The Town engineer has been asked to prepare a draft proposed local law for review. The proposed local law would require a Special Use Permit from the Planning Board for cannabis facilities, limit the siting of those facilities to the M-Manufacturing District and create specific criteria for the Planning Board to consider in authorizing such facilities. Attorney Dean stated that there were two resolutions prepared for adoption with this public hearing but the Town has not heard from Monroe County as to the lead agency status. He recommended holding the public hearing but hold the resolutions for consideration in August. The Planning Board did issue comments on July 18, 2022 regarding this matter and said comments will be entered into these minutes. Public Hearing Public Input: No one came forward to speak for or against this On a motion made by Councilmember Romeo, seconded by Councilmember Perticone the Public Hearing was closed at 7:48 PM. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Nay Town Supervisor Fitzpatrick Aye ITEMS FOR BOARD ACTION: 7A2022-2 RESOLUTION AUTHORIZING THE PERMANENT APPOINTMENT OF A FULL-TIME REAL PROPERTY APPRAISER IN THE IRONDEQUOIT ASSESSOR’S DEPARTMENT On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted approving the permanent full-time appointment of Jeannine Whitaker as a Real Property Appraiser in the Irondequoit Assessor’s Department. Director of Human Resources Jason Vinette explained that Ms. Whitaker took the Civil Service Exam for this position on February 5, 2022. She was appointed provisionally on April 13, 2022, while waiting for the test results. The list was posted in June and Ms. Whitaker passed the Exam and was reachable per Civil Service guidelines. Assessor Amy Jorstad added that Ms. Whitaker is working well with the other staff members in the Assessor’s Office. REGULAR TOWN BOARD MEETING JULY 19, 2022 129 UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-190 7A2022-3 RESOLUTION AUTHORIZING THE APPOINTMENT OF A PART-TIME SCHOOL TRAFFIC GUARD IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Lisa Tuccio as a part-time School Traffic Guard in the Irondequoit Police Department. Chief of Police Alan Laird stated that Ms. Lisa Tuccio will be filling a vacancy created by a retirement. Ms. Tuccio is a Town resident and looking forward to serving the community. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-191 7A2022-4 RESOLUTION AUTHORIZING THE APPOINTMENT OF A SECOND PART- TIME SCHOOL TRAFFIC GUARD IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Freeman, seconded by Councilmember Romeo, a resolution was adopted approving the appointment of Ramon Vasquez as a part-time School Traffic Guard in the Irondequoit Police Department. Irondequoit Police Chief Alan Laird stated that Mr. Vasquez is a Town resident and is filling a position left by a retirement. Mr. Vasquez is looking forward to helping in his community. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-192 7A2022-5 RESOLUTION INCREASING SALARY FOR MANAGEMENT ASSISTANT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the increase of salary for Megan Hoffman, Management Assistant in the Recreation Department from $43,350 to $53,350. Supervisor Fitzpatrick explained that Megan Hoffman will be taking on an increased role in the Recreation Department with the departure of Director Katrina Hall and this increase represents the added responsibilities. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Nay Town Supervisor Fitzpatrick Aye Resolution Number 2022-193 7A2022-6 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CATHOLIC FAMILY CENTER FOR NON-MEDICAL HOME SUPPORT SERVICES TO THE ELDERLY AS APPROVED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT DURING AUGUST 1, 2022 THROUGH JULY 31, 2023 REGULAR TOWN BOARD MEETING JULY 19, 2022 130 On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to enter into an agreement with the Catholic Family Center for non-medical home support services to elderly residents of Irondequoit as approved through the Community Development Block Grant during the grant period from August 1, 2022 through July 31, 2023 in the amount of $26,100. Comptroller Diana Marsh explained that this resolution pertains to an agreement with the Catholic Family Center regarding the upcoming Community Development Block Grant year which begins on August 1, 2022. Public Hearings were held earlier in the year and a spending plan for the CDBG funds was adopted. The grant for the Catholic Family Center for non- medical home support services to elderly residents is in the sum of $26,100. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-194 7A2022-7 RESOLUTION AUTHORIZING AN AGREEMENT WITH LIFESPAN OF GREATER ROCHESTER, INC. FOR TRANSPORTATION SERVICES TO THE ELDERLY AS APPROVED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT DURING AUGUST 1, 2022 THROUGH JULY 31, 2023 On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted authorizing an agreement with Lifespan of Greater Rochester, Inc. for transportation services to the elderly as approved through the Community Development Block Grant during the grant period from August 1, 2022 through July 31, 2023 in the sum of $26,693. Comptroller Diana Marsh explained that this is an agreement with Lifespan of Greater Rochester, Inc. for transportation services to the elderly and handicapped residents in the sum of $26,693 UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-195 7A2022-8 RESOLUTION AUTHORIZING AN AGREEMENT WITH LIFESPAN OF GREATER ROCHESTER, INC. FOR THE “HOME SAFE HOME FOR SENIORS” PROGRAM OF SUPPORT SERVICES TO THE ELDERLY AS APPROVED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT DURING AUSUST 1, 2022 THROUGH JULY 31, 2023 On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to enter into an agreement with Lifespan of Greater Rochester, Inc. for non-medical home support services to elderly residents of Irondequoit as approved through the Community Development Block Grant during the grant period from August 1, 2022 through July 31, 2023 in the amount of $15,000. Comptroller Diana Marsh explained that this resolution authorizes a contract with Lifespan of Greater Rochester, Inc. for non-medical home support services to elderly residents of Irondequoit. The contract is in the amount of $15,000. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-196 REGULAR TOWN BOARD MEETING JULY 19, 2022 131 7A2022-9 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE IRONDEQUOIT COMMUNITY CUPBOARD TO PROVIDE HEALTHY FOOD CHOICES TO LOW-INCOME RESIDENTS AS APPROVED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT DURING AUGUST 1, 2022 THROUGH JULY 31, 2023 On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to enter into an agreement with the Irondequoit Community Cupboard to provide healthy food choices to low-income persons in the Town as approved through the Community Development Block Grant during the grant period from August 1, 2022 through July 31, 2023 in the amount of $22,000. Comptroller Diana Marsh explained that this is an agreement with the Irondequoit Community Cupboard in the sum of $22,000 to provide healthy food choices to low-income residents as approved through the Community Development Block Grant during August 1, 2022 through July 31, 2023. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-197 7A2022-10 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE HOUSING COUNCIL AT PATHSTONE FOR HOUSING COUNSELING SERVICES TO LOW- AND MODERATE-INCOME RESIDENTS AS APPROVED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT DURING AUGUST 1, 2022 THROUGH JULY 31, 2023 On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to enter into an agreement with the Housing Council at PathStone for services pertaining to housing and home ownership to low- and moderate-income residents of Irondequoit as approved through the Community Development Block Grant during the grant period from August 1, 2022 through July 31, 2023 in the amount of $26,000. Comptroller Diana Marsh explained that this is an agreement with the Housing Council at PathStone for housing counseling services to low- and moderate-income residents as approved through the Community Development Block Grant during August 1, 2022 through July 31, 2023 in the sum of $26,000. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-198 7A2022-11 RESOLUTION AUTHORIZING AN EMPLOYEE TO ATTEND THE IPMA- HR ANNUAL CONFERENCE IN WASHINGTON, D.C. ON SEPTEMBER 28 TO OCTOBER 1, 2022 On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, a resolution was adopted authorizing Director of Human Resources Jason Vinette to attend the IPMA-HR Annual Conference in Washington, DC on September 28 through October 1, 2022 for a cost not to exceed $2,197.65; funds for this conference have been budgeted in the 2022 budget. Director of Human Resources Jason Vinette stated that this is really the only public sector HR Organization in the country and this trip was budgeted for in the 2022 budget. REGULAR TOWN BOARD MEETING JULY 19, 2022 132 UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-199 7A2022-12 RESOLUTION PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW ACT WITH RESPECT TO STORM SEWER INSTALLATION ON CASCADE PLACE On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted authorizing the adoption of the Negative Declaration and determining that no Environmental Impact Statement is required. Commissioner of Public Works Erin Magee stated that this resolution would consider the environmental impacts of an Unlisted Action pursuant to SEQR for the installation of storm sewer on Cascade Place and it would adopt a Negative Declaration for the project. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-200 7A2022-13 RESOLUTION AWARDING BID FOR STORM SEWER INSTALLATION ON CASCADE PLACE AND INCREASE IN APPROPRIATION On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted approving the increased allocation of American Rescue Plan Act funds in the amount of $72,964 to a total of $142,964 and awarding the Storm Sewer and Catch Basin Installation bid on Cascade Place to Roc Earth, Inc. in the amount of $142,964. Commissioner of Public Works Erin Magee stated that this resolution would award the bid for the installation of the storm sewer system on Cascade Place to Roc Earth, Inc. in the amount of $142,964. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-201 7A2022-14 RESOLUTION AWARDING BID FOR COLUMBARIUMS AT THE IRONDEQUOIT CEMETERY On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, a resolution was adopted awarding the bid for four columbariums at the Irondequoit Cemetery to DiFiore Construction, Inc. in the amount of $660,500. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-202 7A2022-15 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT WITH A VENDOR FOR ENTERTAINMENT AT THE IRONDEQUOIT COMMUNITY CENTER FOR SENIOR EVENTS REGULAR TOWN BOARD MEETING JULY 19, 2022 133 On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted approving the agreement for an event at the Irondequoit Community Center. Managing Assistant for the Department of Recreation Megan Hoffman explained that this resolution would allow the Town to enter into a contract with Mike Sidoti for senior events. Supervisor Fitzpatrick thanked Ms. Hoffman for taking on the additional workload of the Recreation Department. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-203 7A2022-16 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER AND AMEND VARIOUS CONTRACTS WITH VENDORS FOR YOUTH, FAMILY AND SENIOR RECREATIONAL PROGRAMMING FOR SUMMER 2022 On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted replacing and superseding Addendum “A” of Resolution 2022-171 with the chart attached hereto and made a part hereof as Addendum “B”. Managing Assistant for the Department of Recreation Megan Hoffman explained that this resolution would allow the Department to add instructors in order to expand programming in the Department. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-204 7A2022-17 RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE NEW YORK ENVIRONMENTAL FACILITIES CORPORATION GREEN INNOVATION GRANT PROGRAM FOR THE EAGLE ROCK GREEN INFRASTRUCTURE PROJECT On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted authorizing the submission of a Consolidated Funding Application for Green Innovation Grant Program funding to the administrative agency for the Federal Fiscal Year 2022 program, all understanding and assurances contained therein and hereby directed and authorized to act in connection with the submission of the application and to provide such additional information as may be required. Attorney Andrew Dean explained that this is one of two resolutions authorizing submission of grant applications. The Town is hoping that they will be selected to receive grant funding this year as they were not selected last year. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-205 7A2022-18 RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE NYS OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION THROUGH THE 2022 CONSOLIDATED FUNDING APPLICATION PROCESS FOR RECREATION PARK AT TOWN HALL CAMPUS On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted authorizing and directing the Supervisor or his designee to submit the application to the NYSOPRHP and to act in connection with the submission of REGULAR TOWN BOARD MEETING JULY 19, 2022 134 the application including execution of all required certifications and forms and to provide such additional information as may be required. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-206 7A2022-19 RESOLUTION AUTHORIZING THE SPECIAL EVENT LICENSE FOR THE ROCHESTER RUNNING COMPANY/ROBIN HOOD RACING, LLC RUN LIKE HELL HALLOWEEN-THEMED 5K RACE On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted approving the Special Event License to conduct Rochester Running Company/Robin Hood Racing, LLC Run Like Hell Halloween-themed 5K race on Saturday, October 29, 2022 from 12 p.m. to 6 p.m., upon the condition that the Rochester Running Company/Robin Hood Racing LLC notifies all affected residents before the event. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-207 7A2022-20 RESOLUTION AUTHORIZING THE SPECIAL EVENT LICENSE FOR THE 11TH ANNUAL ROCHESTER AREA TRIATHLETES (RATs) TRIATHLON On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, a resolution was adopted approving the Special Event License to conduct the 11th Annual Rochester Area Triathletes (RATs), Inc. Triathlon on Saturday, August 27, 2022 from 5 a.m. to 3 p.m., upon the condition that RATs notify all affected residents before the event. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Resolution Number 2022-208 Upcoming Meetings: Town Workshop Meeting: Tuesday, August 9, 2022 @ 4 PM Regular Town Board Meeting: Tuesday, August 16, 2022 @ 7 PM . On a motion made by Councilmember Freeman, seconded by Councilmember Perticone, the Regular Town Board Meeting was adjourned at 8:06 p.m. UPON VOTING Town Board Member Wehner Absent Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Aye Town Supervisor Fitzpatrick Aye Respectfully submitted, Barbara Genier, Town Clerk 11455442_2 Resolution No. 2022-___ EXTRACT OF MINUTES OF TOWN BOARD MEETING ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A PLANNING BOARD MEMBER TO THE TOWN PLANNING BOARD At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 16th day of August 2022, at 7:00P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _________ offered the following resolution and moved its adoption: WHEREAS, a position of Planning Board member is currently vacant due to a member’s resignation; and WHEREAS, pursuant to Town Law Section271(8), where there is a vacancy on the Planning Board, the Town Board shall appoint a member for the remaining term of the former member; and WHEREAS, the Town Board desires to fill this vacancy by appointing Andraé Evans to serve as Planning Board member, for the remaining term which will expire on December 31, 2025. NOW, THEREFORE, BE IT RESOLVED, that the Irondequoit Town Board approves the appointment of: Andraé Evans to the Planning Board for the term to expire December 31, 2025. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022-___ EXTRACT OF MINUTES OF THE TOWN BOARD MEETING ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A ZONING BOARD MEMBER TO THE TOWN ZONING BOARD OF APPEALS At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 16th day of August 2022, at 7:00P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _________ offered the following resolution and moved its adoption: WHEREAS, a position of Zoning Board of Appeals member is currently vacant due to a member’s resignation; and WHEREAS, pursuant to Town Law Section 267(8), where there is a vacancy on the Zoning Board of Appeals, the Town Board shall appoint a member for the unexpired term thereof; and WHEREAS, the Town Board desires to fill this vacancy by appointing Robert E. Monigle to serve as Zoning Board of Appeals member, for the term which will expire on December 31, 2027. NOW, THEREFORE, BE IT RESOLVED, that the Irondequoit Town Board approves the appointment of: Robert E. Monigle to the Zoning Board of Appeals for the term to expire December 31, 2027. 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 __________ Resolution No. 2022-____________ EXTRACT OF MINUTES OF THE TOWN BOARD MEETING ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF AN ALTERNATE MEMBER TO THE TOWN ZONING BOARD OF APPEALS At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 16th day of August 2022, at 7:00P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _________ offered the following resolution and moved its adoption: WHEREAS, pursuant to Chapter 46 of the Irondequoit Town Code, the Town Board may appoint alternate members to serve on the Planning Board and the Zoning Board of Appeals; and WHEREAS, the position of Zoning Board of Appeals - alternate is currently vacant; and WHEREAS, the Town Board desires to fill this vacancy by appointing Cecil A. Johnson to serve out the remainder of the alternate Zoning Board of Appeals member’s term, which will expire on December 31, 2022; and NOW, THEREFORE, BE IT RESOLVED, that the Irondequoit Town Board approves the appointment of: Cecil A. Johnson Zoning Board of Appeals/Alternate Term Expires: December 31, 2022. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Perticone voting __________ Town Board Member Romeo voting __________ Town Board Member Freeman voting __________ Town Supervisor Fitzpatrick voting __________ Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF A PART TIME SCHOOL TRAFFIC GUARD IN THE IRONDEQUOIT POLICE 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 16th day of August 2022, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, due to a vacancy there is an opening for a part time School Traffic Guard in the Irondequoit Police Department; and WHEREAS, the school traffic guard coordinator has interviewed several qualified candidates and recommends hiring Nicholas Mitrakos as a part time School Traffic Guard; and WHEREAS, this is a non-competitive title, and no civil service examination is necessary to be eligible for this position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Nicholas Mitrakos as a part-time School Traffic Guard to be paid an hourly rate of $15.00 which shall be paid from budget code 001.3120.0105.1100. This resolution shall take effect on date of hire. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF A PROVISIONAL ASSISTANT FIRE MARSHAL 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 16th day of August 2022, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, due to a vacancy there is an opening for an Assistant Fire Marshal; and WHEREAS, this is a competitive civil service position and when the exam is given the candidate must participate and score within the top three; and WHEREAS, Patrick Hudson is highly qualified for this position and the interview team would like to appoint him to the position of Provisional Assistant Fire Marshal; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Patrick Hudson as a provisional Assistant Fire Marshal to be paid an annual rate of $48,412 which shall be paid from budget code 001.3410.100.1100. This resolution shall take effect on date of hire. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF ETHICS BOARD MEMBER 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 19th day of JULY 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 vacancies, there is a need to appoint two (2) members to the Board of Ethics; and WHEREAS, the Board of Ethics consists of five members appointed by the Town Board, a majority of whom are not otherwise officers or employees of the town, who serve without compensation for staggered terms of five years, and such Board including at least one member who is an elected or appointed Town officer or employee. WHEREAS, the Supervisor has interviewed several people who are willing to serve on this Board and recommends appointing Andrae Smith to serve on the Board of Ethics: and WHEREAS, Andrae Smith’s term will expire 12/31/2026. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Andrae Smith to serve on the Board of Ethics his term will expire 12/31/2026. This resolution shall take effect immediately. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE HIRING OF 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 16th day of August 2022, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, due to a vacancy there is an opening for a part time Recreation Assistant in the Irondequoit Community Center; and WHEREAS, the Director of Operations at the Community Center has interviewed several qualified candidates and recommends hiring Sara Brotsch as a part time Recreation Assistant; and WHEREAS, this is a non-competitive title, and no civil service examination is necessary to be eligible for this position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Sara Brotsch 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 _______ 11440459_1 Resolution No. 2022 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AN AMENDED CONTRACT WITH EMMINGER, NEWTON, PIGEON & MAGYAR, INC. FOR SERVICES RELATING TO THE 2023 REASSESSMENT PROJECT 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, on the 16th day of August 2022 at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member___________ offered the following resolution and moved its adoption: WHEREAS, Section 305 of New York State Real Property Tax Law mandates uniform and equitable assessments; and WHEREAS, pursuant to Resolution 2021-157, the Town Board authorized the Supervisor to enter into an agreement (the “Original Agreement”) with Emminger, Newton, Pigeon & Magyar, Inc. (“ENPM”) to provide services (“Services”) related to a Town-wide reassessment of real property for the 2022 Assessment Roll (“Reassessment Project”) for the total price of $298,000; and WHEREAS, ENPM provided certain of the Services in 2021 and 2022, however, the Town-wide reassessment of real property was postponed; and WHEREAS, ENPM wishes to complete the Services promised to the Town by providing Services related to a Town-wide reassment of real property for the 2023 Assessment Roll, at no additional cost to the Town beyond the amount owed under the Original Agreement; and WHEREAS, the Town previously paid ENPM for that portion of Services provided from August 1, 2021 through February 1, 2022 in the total amount of $214,560, with a remaining amount owed under the agreement of $83,440 ($26,820 for March 2022; $26,820 for April 2022; and 10% retainer of $29,800); and WHEREAS, the Town wishes to authorize the Supervisor to enter into an amendment to the Original Agreement with ENPM, and to authorize payment to ENPM of up to $83,440, to provide the Services for the 2023 Assessment Roll; and WHEREAS, funding for this purchase is available in the account for Revaluation Contracted Services, #001.1356.4120. 11440459_1 NOW, THEREFORE, BE IT RESOLVED, that the Town Board Authorizes the Supervisor to enter into an amendment to the Original Agreement with Emminger, Newton, Pigeon & Magyar, Inc. for the 2023 Reassessment Project Services for the total price of $83,440, which reflects the amount owed under the Original Agreement, in substantially such form of contract annexed hereto and in such final form as approved by the Attorney for the Town. AND, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute any and all documents related to this contract 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 _________________ AMENDED AGREEMENT FOR SERVICES RELATED TO THE TOWN OF IRONDEQUOIT’S REASSESSMENT PROJECT THIS AMENDED AGREEMENT (“Agreement”) is by and between TOWN OF IRONDEQUOIT, having its principal office and place of business at Town Hall, 1280 Titus Avenue, Rochester, New York 14617 (the “Town”) and EMMINGER, NEWTON, PIGEON & MAGYAR, INC. having its principal place of business at 2440 Sheridan Drive, Suite 100, Tonawanda, New York 14150 (the “Contractor”). WHEREAS, the Town and Contractor entered into an agreement, dated July 20th, 2021, pursuant to which Contractor agreed to provide reassessment services for the 2022 reassessment project (the “Original Agreement”); and WHEREAS, Contractor provided certain of the reassessment services in 2021 and 2022, however, the Town-wide reassessment of real property was postponed; and WHEREAS, Contractor wishes to complete the Services promised to the Town by providing services related to a Town-wide reassessment of real property for the 2023 Assessment Roll, at no additional cost to the Town beyond the amount owed under the Original Agreement; and WHEREAS, the Town previously paid Contractor for that portion of Services provided from August 1, 2021 through February 1, 2022 in the total amount of $214,560, with a remaining amount owed under the agreement of $83,440 ($26,820 for March 2022; $26,820 for April 2022; and 10% retainer of $29,800); and WHEREAS, the Contractor desires to provide Real Property Reassessment Services for the 2023 Assessment Roll for the Town of Irondequoit and has affirmatively represented that it is qualified to do so; and NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, which such consideration Contractor expressly agrees is new consideration and sufficient to support its obligations herein, the parties do hereby agree as follows: 1. Amendment. This Agreement amends and supersedes the Original Agreement, and there is adequate consideration for this Agreement. 2. Engagement. The Town hereby engages the Contractor to provide Real Property Reassessment Services for the 2023 Assessment Roll (“Services”), subject to the terms and conditions of this Agreement. The Services to be provided by the Contractor are set forth in Addendum C, which is attached hereto and made a part hereof. 3. Term and Termination. This Agreement shall be in full force and effect from August __, 2022 to June 30, 2023, or the date of the last meeting of the Board of Assessment Review for the 2023 assessment year, whichever is earlier. The Town reserves the right to cancel this Agreement on five (5) days’ notice for failure to perform on the part of the Contractor. Upon termination, the Town may take over the work to be performed and complete same by contract or otherwise, and the Contractor shall be liable to the Town for any excess cost incurred as a result. The total fee payable to the Contractor under this Agreement upon such termination shall 2 be proportional to the value of the work satisfactorily completed. 4. Payment. a. The Town agrees to pay the Contractor for its Services subsequent to receipt of an invoice. The costs for these services shall be in accordance with the invoicing procedures set forth in Addendum D attached hereto. b. No payment shall be made except upon the submission of duly executed invoice. Payments will be received, audited, and paid in accordance with Town of Irondequoit policy in effect at the time of billing. c. As an independent contractor, Contractor agrees and understands that it is not entitled to any other benefits and privileges established for Town employees agents or subcontractors, such as life, accident or health insurance, vacation and sick leave with pay, paid holidays, or severance pay upon termination of this Agreement for any reason. In accordance with Contractor’s independent contractor status, payments to Contractor shall not constitute wages/salary and therefore, no amounts shall be deducted for federal and State employment, Social Security or other taxes or employee benefit claims. Contractor shall be individually responsible for filing and paying self-employment and withholding taxes, if applicable. d. The Parties agree that the Town has already paid Contractor and $214,560.00, and shall pay Contractor an additional; $83,440 for the resumption and completion of Services, as set forth in Addendum D hereto. 5. Contractor’s Duties and Obligations. The Contractor shall: a. Abide by all Town Codes; b. Devote its attention and best efforts to provide the Services described in Section 1 and Addendum C of this Agreement in accordance with the provisions of this Agreement; c. Provide all personnel necessary to perform the Services set forth in this Agreement. Any failure or inability of any person, due to illness or otherwise, shall be the responsibility of the Contractor and the Contractor shall, at its expense, take such measures as are necessary to insure that the Services are provided. Employees of the Contractor shall comply with all provisions of this Agreement imposed on the Contractor; d. At all times be solely responsible for all means, methods, techniques, sequences and procedures of the Services, and the acts and omissions of all employees, agents and all other persons performing any of the Services; e. At Contractor’s sole expense, restore all damaged or injured items including 3 infrastructure to a condition acceptable to the Town; f. Have sole responsibility for the health, safety, and welfare of its employees, agents and all other persons performing any of the Services. At all times while performing Services at a Town location, Contractor, as well as its employees, agents and all other persons performing any of the Services, will also comply with all applicable federal, New York State and Town of Irondequoit health, safety, security and environmental laws, regulations, procedures, policies and guidelines. g. Provide all equipment and materials necessary to provide the Services. Any failure of equipment or materials shall be the responsibility of the Contractor, and the Contractor shall, at its expense, take such measures as are necessary to ensure that the Services are provided; h. Provide for, secure, and/or be solely responsible for any and all required fees, permits, Workers’ Compensation coverage, Unemployment Insurance, Disability Insurance, Social Security contributions, income tax withholding and any other insurance or taxes, including but not limited to federal and state taxes, for any person performing the Services pursuant to this Agreement, including the Contractor and any employee of the Contractor. Any and all insurance coverage secured by the Contractor must comply with the requirements set forth in to this Agreement; i. Comply with all applicable equal employment opportunity and non-discrimination requirements, including those set forth in Section 12 of this Agreement; j. Be available at all reasonable times to consult with appropriate representatives of the Town concerning any Services performed or to be performed by the Contractor under this Agreement; k. Not assume or create any obligations expressed or implied on behalf of the Town; and l. Pay all expenses associated with the rendering of services pursuant to this Agreement, provided that contractor shall not be responsible for mailing costs, which are the responsibility of the Town. The Town shall not reimburse any expenses on behalf of the Contractor. 6. Reports and Records. The Contractor agrees that the Town shall, until the expiration of three (3) years after final payment, have access to and the right to examine pertinent books, documents, papers and records of the Contractor and of any of the employees or subcontractors engaged in the performance of Services pursuant to the Agreement. This right shall also extend to auditors of the New York State or federal governments conducting audits of Town business. 7. Insurance and Indemnification. The Contractor shall execute and comply with the Indemnification Agreement set forth in Addendum A to this Agreement. The Indemnification Agreement shall survive the expiration and/or termination of this Agreement. 8. Independent Contractor. In the performance of the work, duties and obligations 4 undertaken by Contractor under this Agreement, it is mutually understood and agreed that Contractor 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 Contractor shall perform Services under this Agreement. Contractor agrees to provide Services within the parameters established by the Town, but Contractor 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 Contractor is adequately, and in good faith, discharging his/her duties under this Agreement. 9. Workers’ Compensation. This agreement shall be void and of no effect unless the Contractor shall secure compensation for, and keep insured during the life of this Agreement, any and all of Contractor’s employees as are required to be insured under the Workers’ Compensation Law of the State of New York. 10. Representations and Warranties of Contractor. Contractor represents and warrants as follows: a. Contractor is licensed to do business in the State of New York. b. Contractor has the requisite authority to execute and deliver this Agreement and perform its obligations hereunder. c. The performance of the Contractor’s obligations hereunder does not and will not violate or conflict with any obligation the Contractor may have to any third party. d. The Contractor 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. e. The Contractor shall perform the Services in a professional manner, consistent with the standard of skill and care exercised by the best contractors on projects of comparable scope and complexity, in a similar location and in conformance with the requirements of this Agreement. f. The Contractor shall comply with all federal, state, and local laws and regulations applicable to the performance of its obligations under this Agreement. 11. Severability. 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. 12. Notices. Each notice, report, demand, waiver, consent and other communication required or permitted to be given hereunder shall be in writing and shall be sent by registered or certified first-class mail, postage prepaid and return receipt requested, or via a nationally recognized 5 courier service, addressed to the authorized agent as follows: If to Contractor, to: Emminger, Newton, Pigeon & Magyar, Inc. 2440 Sheridan Drive, Suite 100 Tonawanda, NY 14150 Attn: Joseph Emminger If to the Town, to: Irondequoit Town Hall 1280 Titus Ave Rochester, New York 14617 Attn: Assessor Either party may specify in writing, in the manner prescribed above, another address to which subsequent notice to such party shall be given, and the Town Supervisor may designate another officer or agent of the Town of Irondequoit for purposes of notice. Any notice or communication given hereunder shall be deemed to have been given as of the date immediately following the date so mailed; provided, however, that if such following date shall be Saturday, Sunday, or a legal holiday, then the date of the notice shall be the next regular business day. The parties reserve the right to designate other or additional agents upon written notice to the other party which shall be signed by the authorized agent of the requesting party. 12. Equal Opportunity. a. General Policy: The Town reaffirms its policy of Equal Opportunity and its commitment to require all contractors, consultants, lessors, vendors and suppliers doing business with the Town to follow a policy of Equal Opportunity, in accordance with the requirements set forth herein. The Town further does not discriminate on the basis of handicap status in admission or access to, or treatment or employment in its programs and activities. The Town is including these policy statements in all bid documents, contracts and leases. Contractors, lessors, vendors and suppliers shall comply with all State and Federal Equal Opportunity laws and regulations and shall submit documentation regarding Equal Opportunity upon the Town’s request. b. Compliance: The Contractor shall comply with all of the following provisions of this Equal Opportunity Requirement: 1. The Contractor shall not discriminate on the basis of age, race, creed, color, national origin, sex, sexual orientation, disability, marital status, or handicap status in the performance of services or programs pursuant to this Agreement. 2. The Contractor agrees to make a good faith effort to employ minority group persons and females and that in hiring employees and performing work under this Agreement or any subcontract hereunder, the Contractor, and its 6 subcontractors, if any, shall not, by reason of age, creed, race, color, national origin, sex, sexual orientation, disability, marital status, or handicap, discriminate against any person who is qualified and available to perform the work to which the employment relates. 3. The Contractor agrees to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions or transfers, recruitment and recruitment advertising, layoffs, terminations, rates of pay and other forms of compensation, and selection for training, including apprenticeship. 4. The Contractor agrees to post notices in conspicuous places available to employees and applicants for employment, and to include language in all solicitations or advertisements for employment placed by or on behalf of the Consultant, reflecting this non-discrimination policy. 5. If the Contractor is found to have engaged in discrimination in employment on the grounds of age, race, creed, color, national origin, sex, sexual orientation, disability. marital status, or handicap status, by any court or administrative agency that has jurisdiction pursuant to any State or Federal Equal Opportunity Laws and regulations, such determination will be deemed to be a breach of contract and this Agreement will be terminated in whole or part without any penalty or damages to the Town on account of such cancellation or termination, and the Contractor shall be disqualified from thereafter selling to, submitting bids to, or receiving awards of contract with the Town for goods, works, or services until such time as the Contractor can demonstrate its compliance with this policy and all applicable Federal and State Equal Opportunity laws and regulations. 6. The Contractor shall cause the foregoing provisions to be inserted in all subcontracts, if any, for any work covered by this Agreement so that such provisions will be binding upon each subcontractor. 13. Compliance with all Laws. The Contractor agrees that during the performance of the work required pursuant to this Agreement, the Contractor, and all employees or subcontractors working under the Contractor’s direction shall strictly comply with all local, state or federal laws, ordinances, rules or regulations controlling or limiting in any way the performance of work required by this Agreement, including any such laws, ordinances, rules or regulations relating to the protection and equitable treatment of children and and/or people with disabilities. 14. Miscellaneous. a. Non-Exclusive Agreement. Nothing contained in this Agreement shall limit the Contractor’s ability to enter into any agreement to provide similar service to any outside party; nor shall anything in this Agreement limit the Town’s right to offer similar services itself, or through one or more additional vendors. 7 b. Effect of Agreement. This Agreement, inclusive of the Addenda and attachments, which are incorporated herein and deemed to be a part of this Agreement, sets forth the entire understanding of the parties, and supersedes any and all prior agreements, arrangements and understandings, written or oral, relating to the subject matter thereof. The documents between the Town and Contractor attached to this Agreement are ranked by order of preference for all contract interpretation purposes as follows: (i) This Agreement including Addenda “A” through “D” attached hereto. (ii) Town of Irondequoit Town Board Resolution #2022-______, adopted _______, 2022 authorizing this Agreement. (iii) Any modification duly agreed to by the parties after execution of this Agreement. (iv) Bid Solicitation Packet #2021-6. (v) Contractor’s Bid dated June 2, 2021, including all attachments and addenda. c. Amendment and Waiver. This Agreement may be amended only by a writing executed by each of the parties hereto. No waiver of compliance with any provision or condition hereof, and no consent provided for herein, shall be effective unless evidenced by an instrument in writing duly executed by the party sought to be charged therewith. No failure on the part of any party to exercise, and no delay in exercising, any of its rights hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right preclude any other or future exercise thereof or the exercise of any other right. d. Survival of Representations. All the rights and duties of the parties created by this Agreement shall survive with respect to services performed prior to the termination of this Agreement. e. Governing Law. 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. f. Disputes. Any legal action in connection or related to this Agreement shall be brought in a court located in Monroe County, New York. g. Remedies Cumulative. The remedies granted in this Agreement are cumulative and in addition to any other remedies to which the parties may be entitled arising from any violation, default or breach of this Agreement. h. Non-Assignment. The Contractor is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement or any of its contents, or of any right, title or interest therein or of the power to execute this Agreement, to any other individual or entity without the Town’s written consent. i. Binding Effect. Subject to the provisions of Section 14(h) above, this Agreement 8 shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement creates no rights of any nature in any person not a party hereto. j. Savings Clause. If any provision of this Agreement is found, by a court or administrative body of competent jurisdiction, to violate any applicable federal, state or local law or regulation, then such provision of this Agreement shall be null and void. All other provisions of this Agreement unaffected by such finding shall remain in full force and effect. k. Headings; Counterparts. The headings used in this Agreement are for convenience of reference only and do not form a part hereof and shall not be used in any way to modify, interpret or construe the intent of the parties. 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. l. Contract Deemed Executory. The Contractor specifically agrees that this Agreement shall be deemed executory only to the extent of the monies available for purpose of the within Agreement as authorized by the Irondequoit Town Board, and that no liability shall be incurred by the Town beyond the monies available for said purpose. [Signature Page to Follow] 9 IN WITNESS WHEREOF, the parties have duly executed this Agreement on the date first written above. Emminger, Newton, Pigeon & Magyar, Inc. Joseph Emminger, President Emminger, Newton, Pigeon & Magyar, Inc. Sworn to before me this ___ day of ____________, 20__ By: _________________________ Joseph Emminger Notary Public Town of Irondequoit By: Rory Fitzpatrick Town Supervisor Sworn to before me this ___ day of ____________, 20__ Notary Public 10 ADDENDUM “A” INDEMNIFICATION AGREEMENT THIS AGREEMENT (“Agreement”) is by and between TOWN OF IRONDEQUOIT, having its principal office and place of business at Town Hall, 1280 Titus Avenue, Rochester, New York 14617 (hereinafter referred to as the “Town”) and EMMINGER, NEWTON, PIGEON & MAGYAR, INC., having its principal place of business at 2440 Sheridan Drive, Suite 100, Buffalo, New York 14150 (the “Contractor”). WITNESSETH WHEREAS, pursuant to the Agreement for Services Related to the Town of Irondequoit 2023 Reassessment Project by and between the Town and the Contractor, the terms of which are incorporated into and deemed to be a part of this Agreement (the “Contract”), the Contractor has offered to provide services to the Town according to a schedule agreed upon by the Town and the Contractor. NOW, THEREFORE, in consideration to each other, the parties hereto agree as follows: 1. The Contractor agrees to fully indemnify, save and hold harmless the Town and all of its officers, agents and employees from and against any and all liability of any type whatsoever, including but not limited to any and all damages, expenses, causes of actions, lawsuits, claims, penalties, fines, assessments or judgment relating to, or arising out of or occurring in connection with the performance of the Contract, whether based on claims of negligent, intentional or reckless acts or omissions of the contractor, or its officers, employees or agents, including but not limited to claims brought against the Town, or its officers, employees and agents by third parties, or employees of the contractor. 2. The Contractor shall, at its own cost and expense, defend any and all actions or suits which may be brought against the Town or any of its officers, against, or employees, or in which the Town or said officers, agents, or employees may be impleaded with others upon any such above-mentioned claim. 3. In the event of the Contractor’s failure to do so, the Town (at its option without being obliged to do so) may at the Contractor’s cost and expense and upon prior written notice to the Contractor defend any and all such suits or actions. The Contractor shall satisfy, pay and discharge any and all judgments that may be recovered against the Town or any of its officers, agents or employees in any such suits or actions which may be brought against the Town or any of its officers, agents or employees or in which the Town or any of its officers, agents or employees may be impleaded with others. The Contractor shall pay the reasonable cost of any such defense including but not limited to the Town’s attorney’s fees. 4. The Contractor’s obligations hereunder shall not be deemed, waived, limited or discharged by the enumeration or procurement of any insurance for liability or damages hereunder. 5. It is agreed that this indemnification agreement pertains only to those claims arising from the any negligent or intentional actions or omissions of the Contractor, or the Contractor’s employees or agents alleged to arise on Town property or prior, during or after the performance of 11 services under this Contract. This Agreement shall survive the expiration and/or termination of the Contract. 6. The Contractor agrees, as a condition precedent to the contract becoming binding, and prior to the performance of any work or service pursuant to the contract, to obtain liability insurance fully indemnifying the Town of Irondequoit from any and all damages, expenses, causes or action, lawsuits, claims, penalties, fines, assessments or judgments relating to or arising out of or occurring in connection with the performance of the contract. Said policy shall be obtained from a carrier acceptable to the Town insurance agent and shall be in such amount(s) and include such terms and conditions as shall be determined by said Town insurance agent and Town Attorney and shall name the Town of Irondequoit and its officers, employees and agents as additional named insureds on the face of the policy. Failure to maintain any such liability insurance policy in full force and effect during the life of the Contract shall be deemed to constitute a material breach of the Contract and this Agreement. 7. The Contractor shall submit a copy of this policy to the Assessor’s Office of the Town of Irondequoit. Approval will be granted at the review by the Town Attorney and the Town Insurance Agent. IN WITNESS WHEREOF, the parties hereto have freely affixed their signatures to this Agreement, with ample time for consultation of counsel, and freely agree to be bound by the terms of this Agreement. Emminger, Newton, Pigeon & Magyar, Inc. Joseph Emminger, President Emminger, Newton, Pigeon & Magyar, Inc. Sworn to before me this ___ day of ____________, 20__ By: ______________________________ Joseph Emminger Notary Public Town of Irondequoit By: Rory Fitzpatrick, Supervisor Sworn to before me this ___ day of ____________, 20__ Notary Public 12 ADDENDUM “B” CERTIFICATE OF INSURANCE & INDEMNIFICATION AGREEMENT REQUIREMENTS 1. Insurance company(ies) providing coverage(s) must carry a minimum “A++VI, A+VII, A VIII or A-IX” rating in the current version of A.M. Best’s Insurance Guide and Be licensed to do business New York. 2. A minimum 30 days’ advance notice of cancellation or non-renewal must be given to: Assessor’s Office, 1280 Titus Ave., Rochester, NY 14617. The policy or policies noted below shall be primary to any policies of insurance available to the Town of Irondequoit. The Town and/or its representative retain the right to make inquiries to the contractor, or to its insurance agents or broker and to the insurer(s) directly. 3. A certificate of insurance must be in the Town’s possession prior to Contractor’s first performance of services. The Contractor shall deposit with The Town satisfactory evidence of insurance (including renewals) showing minimum coverage as required above with proof of premiums paid up-to-date, and shall be accompanied by proof that the Town and its officers, employees and agents are named on the policy(ies) as additional named insureds. Annual certificates evidencing insurance coverages shall be provided to Town no later than thirty (30) days prior to each contract year. It is the Contractor’s responsibility to initiate this submission, and the lack of any specific request from the Town shall not eliminate the mandate. Failure to provide binders in a timely manner shall be considered a contract default consistent with the provisions of these specifications. 4. Commercial General Liability: a. A minimum 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. Coverage shall be at least equal to Insurance Service Office, Inc. (ISO) form CG 0001. b. Contractual Liability coverage shall include coverage for the required Indemnification Agreement. c. Town of Irondequoit and its officers, employees and agents must be named on the policy as an additional insured, on a primary and noncontributory basis. A waiver of subrogation in favor of the Town must apply. 5. Automobile Liability: a. A minimum 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. Coverage shall be at least equal to ISO form CA 00 01 with no manuscript endorsements reducing or limiting coverage unless approved beforehand by the Town. 13 b. The Town and its officers, employees, and agents shall be named as additional named insureds on the policy, on a primary and noncontributory basis. A waiver of subrogation in favor of the Town must apply. 6. Workers’ Compensation: Workers Compensation, Employers’ Liability & Unemployment Insurance – Statutory Workers’ Compensation and Employers’' Liability Insurance for all employees. Proof of Workers Compensation Insurance must be on a form approved by the New York State Workers’ Compensation Board. Unemployment insurance covering the contractor’s employees must be consistent with the requirements of New York State law. 7. Disability Benefits Law Coverage: Statutory benefits 8. Minimum Limits: The limits as outlined herein are strictly minimum amounts. The Town encourages the use of higher limits, including excess or umbrella policies, and assumes no liability in the event that claims are presented against the contractor for amounts in excess of these minimum limits. 9. No cancellation of insurance, etc. All insurance certificates shall state that the policy will not be canceled, nor coverage thereunder be reduced or limited, without thirty (30) days prior written notice to Town. It shall further state that a similar thirty (30) days prior written notice will be given to Town prior to the expiration of the policy if renewal coverage is to be refused or such coverage is to be reduced on renewal. Such certificates shall show the name and address of the insured, the policy number, the type of coverage, the inception and expiration dates; shall expressly confirm that Town and its officers, employees and agents are additional named insureds on the policies; and shall clearly state what, if any, coverages are excluded by special or manuscript endorsement or otherwise excepting such as appear in the standard ISO policies as they relate to this agreement. The Town of Irondequoit shall reserve the right to make direct inquiry to the insurance carrier for an explanation of coverages and the contractor shall agree to assist in obtaining any such desired information. The contractor shall acknowledge that failure to provide the mandated insurance on behalf of the Town constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the Town. AGREED: ______________________________ CONTRACTOR 14 ADDENDUM “C” SPECIFICATIONS OF REAL PROPERTY REASSESSMENT SERVICES FOR THE 2023 ASSESSMENT ROLL FOR THE TOWN OF IRONDEQUOIT Description Contractor shall: 1. The Contractor will agree to perform the following revaluation services as required, in conformance with the NY State Board’s Rules, as specified in The New York State Rules and Regulations for Real Property Tax Administration which established standards of certification for the state financial reimbursement (9 NYCRR). The State Board’s Rules that must be adhered to are those which are in force as of the date of contract execution. It is the intent of the Town to complete the reassessment in accordance with section 1573 RPTL rules and procedures in order to qualify for State Assistance. 2. Market Data Analysis for 2023 roll: review sales vs. assessment ratios, analyze COD’s and PRD’s for uniformity by neighborhoods and by major property classes [residential, condos, vacant and commercial] and will provide conclusions with the appropriate statistical documentation. Part of the purpose of this documentation is to determine which, if any, of the existing neighborhoods may statistically be acceptable for trending for the 2023 roll and what that trend would be. Contractor will trend the prior year’s assessed values for these neighborhoods and supply the Assessor with any needed extract files to be applied to the County RPSV4 master file; 3. Land Tables: Contractor will build a new set of land tables which will include land pricing estimates for all land types (01 thru 15) for each neighborhood. Table values are to be based on a combination land sales and land/bldg. rates by neighborhood; 4. Residential Cost, Model and Market Tables: Contractor will review the current cost and depreciation tables for any needed updates or changes and apply to RPS and provide the cost ratio, PRD and COD of the final table of the past 3 sales years to the Assessor. Contractor will update the current model(s) for any needed updates or changes and provide the final model(s) ratio, PRD and COD of the final table using valid sales from the past 3 sales years to the Assessor. Further, Contractor will update the current Market options to include valid sales from the past 3 years (trended if needed) and run the preliminary numbers in RPS so that the Assessor can use to print comp sheets for field review. Contractor will also update and apply updates to Project Tables(s) as needed. Valuation date 07-01-2021; 5. Value commercial/industrial properties using the valuation module of the RPSV4 or an equivalent system which incorporates market, income and cost valuation technique. 6. Update the Assessor’s office on the statistical reports, sales analysis and revaluation process. (All statistical reports, property review data, maps and notices become property 15 of the town of Irondequoit Assessor’s Office). Assist in preparing notices to affected property owners, including notices regarding real property, as required by New York State; 7. Conduct informal hearings with taxpayers for at least two weeks at hours accessible to the majority of the general public and attend, and prepare to defend values at, a Board of Review meeting on the fourth Tuesday of May, and at any board of Review meetings adjourned to a future date due to revaluation; 8. Accurately maintain and update the existing filing system and all necessary records and documents; 9. Prepare and submit all required forms to the Town of Irondequoit Assessor, including all final reports; 10. Maintain a local telephone number, email account and website with contact information during the contract period; 11. Respond within five business days to any written inquiry by the Town of Irondequoit Assessor; 12. Provide the Town with Quarterly progress reports and provide Town staff with access to the firm’s electronic data management software, if applicable; 13. Provide direct notice of change of value of property owners whose valuation and/or assessment has changed with a list to the Town Assessor; 14. Contractor will provide up to 3 person-days (on site, if requested) to the Assessor for any needed assistance for items not covered above. 15. Conduct a public information campaign as described in the Contractor’s bid proposal; which includes but is not limited to project meetings, press releases, media appearances, pre-inspection letters and project information, education workshops for property owners, video workshops, meetings with civic & community groups, interaction with local real estate professionals, town web site, town board update meetings, informal hearings and BAR training; 16. Provide municipal staff and assessor training on an as needed basis. 17. Small Claims Assessment Review hearings and Tax Certiorari proceedings are NOT part of this agreement. 16 AGREED: ______________________________ CONTRACTOR 17 ADDENDUM “D” PAYMENT INFORMATION Payment for services will be made only upon receipt of itemized invoices by the Town of Irondequoit from Contractor. Non-contracted work over the amount specified in the awarded bid are prohibited and will not be paid by the Town. Exceptions may only be authorized by the Comptroller or her designee prior to delivery. It is understood that payment for this contract will only be made subsequent to receipt of an invoice. Payments will total $298,000. Payments have been made as follows: Date Amount July 28, 2021 $53,640.00 September 2, 2021 $26,820.00 October 5, 2021 $26,820.00 November 3, 2021 $26,820.00 December 2, 2021 $26,820.00 January 4, 2022 $26,820.00 February 2, 2022 $26,820.00 Total Already Paid $214,560.00 The Town will make additional payments, as follows Date Amount September 5, 2022 $29,800 October 5, 2022 $26,820 November 5, 2022 $26,820 Total To Be Paid $83,440 Invoices for services covered by this Agreement shall be mailed or emailed to the following address: Assessor’s Office assessorsoffice@irondequoit.org Attn: Amy Jorstad Town of Irondequoit 1280 Titus Ave Rochester, NY 14617 AGREED: _______________________ Contractor Resolution No. 2022- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION DECLARING TOWN BOARD LEAD AGENCY AND ADOPTING NEGATIVE DECLARATION PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW ACT REGARDING A LOCAL LAW TO ADOPT TIME, PLACE AND MANNER REQUIREMENTS FOR CANNABIS FACILITIES 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 16th day of August 2022 at 7:00 p.m. local time, there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member______________________offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit proposes the adoption of a Local Law amending Chapter 235 of the Town Code to adopt requirements for the siting of Cannabis Facilities and for the approval of special use permits for Cannabis Facilities by the Planning Board (the “Local Law”); and WHEREAS, the adoption of the Local Law is classified as Type 1 Action under the State Environmental Review Act (“SEQRA”) and its accompanying regulations, 6 NYCRR 617.4(b)(2); and WHEREAS, the Town Board declared its intent to serve as lead agency in adopted Resolution Number 2022-173, notified involved agencies of its intent to serve as lead agency, provided them with the Environmental Assessment Form for the action, and received consent in accordance with 6 NYCRR 617.6; and WHEREAS, the Town Board has received and completed the full Environmental Assessment Form (“EAF”) with respect to the adoption of the Local Law, has considered the potential environmental impacts of the proposed action pursuant to the requirements of SEQRA and found that the proposed action will not result in any significant adverse environmental impacts. NOW THEREFORE BE IT RESOLVED, that the Town Board assumes lead agency status for the review of the action. AND, BE IT FURTHER RESOLVED, that the Town Board adopts a Negative Declaration for the action in the form attached and determines that no Environmental Impact Statement is required. AND, BE IT FURTHER RESOLVED, that the Town Supervisor shall file notice of the Negative Declaration with the Environmental Notice Bulletin (ENB), file this Resolution with the Town Clerk and forward these documents to any person who requests a copy, and maintain the EAF and Negative Declaration in a file regularly accessible to the public. AND, BE IT FURTHER RESOLVED, that the requirements of 6 NYCRR Part 617 have been met. This resolution shall take effect immediately. Seconded by the Town Board Member ____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Fitzpatrick voting _______ Full Environmental Assessment Form Part 1- Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part 1 is accurate and complete. A. Project and Applicant/Sponsor Information. Name of Action or Project: Zoning Revision to regulate the time, place and manner of Cannabis Facilities Project Location (describe, and attach a general location map): M Zoning District, outside required buffers (see map) Brief Description of Proposed Action (include purpose or need): The Town of Irondequoit proposes to amend Town Code Chapter 235, Zoning, to: define Cannabis Facility, Cannabis Retail Dispensary and On -site Cannabis Consumption Facility; to allow cannabis facilities in the M Zoning District with equire a special use permit from the Planning Board for cannabis facilities; and set time, place and manner requirements including limits on size, hours of operation, and signage; and requiring 500 -foot setbacks from places of worship and 1000 -foot setbacks from parks and schools. Name of Applicant/Sponsor: Town of Irondequoit Telephone: (585) 467-8840 E -Mail: supervisor@irondequoit.gov Address:1280 Titus Avenue City/PO:Rochester State:Ny Zip Code:14617 Project Contact (if not same as sponsor; give name and title/role): Telephone: E -Mail: Address: City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: E -Mail: Address: City/PO: State: Zip Code: Page 1 of 13 B. Government Approvals B. Government Approvals, Funding, or Sponsorship. ("Funding" includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Required Application Date (Actual or projected) a. City Counsel, Town Board, FI Yes■ No Town Board adoption of zoning code revision July 21, 2022 (projected) or Village Board of Trustees b. City, Town or Village •Yes ■No Planning Board or Commission c. City, Town or ■ Yes ■ No Village Zoning Board of Appeals d. Other local agencies ■Yes ■No e. County agencies FA Yes NI No County Planning Department - GML 239 review July 2022 (projected) f. Regional agencies ■Yes ■No g. State agencies ■Yes ■ No h. Federal agencies ■Yes ■No i. Coastal Resources. i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? ii. Is the project site located in a community with an approved Local Waterfront Revitalization iii. Is the project site within a Coastal Erosion Hazard Area? • Yes ONo Program? !V Yes•No MI Yes•No C. Planning and Zoning C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the only approval(s) which must be granted to enable the proposed action to proceed? • If Yes, complete sections C, F and G. • If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 !►I Yes •No C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action would be located? ,+IYes •No ■ Yes FA No b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway; Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): Remediaton Sites:V00085, NYS Heritage Areas:West Erie Canal Corridor FA Yes I• No c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, or an adopted municipal farmland protection plan? If Yes, identify the plan(s): ■ Yes ' No Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. If Yes, what is the zoning classification(s) including any applicable overlay district? Proposed zoning revision applies to land within the existing M Manufacturing zoning district 14 Yes ■ No b. Is the use permitted or allowed by a special or conditional use permit? ■ Yes !I No c. Is a zoning change requested as part of the proposed action? If Yes, i. What is the proposed new zoning for the site? IN Yes 14 No C.4. Existing community services. a. In what school district is the project site located? East Irondequoit Central School District b. What police or other public protection forces serve the project site? Irondequoit Police Department c. Which fire protection and emergency medical services serve the project site? Irondequoit Fire District d. What parks serve the project site? None D. Project Details D.1. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? b. a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres c. Is the proposed action an expansion of an existing project or use? IN Yes■ No i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % Units: d. Is the proposed action a subdivision, or does it include a subdivision? ■ Yes ❑No If Yes, 1. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) ii. Is a cluster/conservation layout proposed? ■ Yes DNo iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e. Will the proposed action be constructed in multiple phases? ■ Yes ■No i. If No, anticipated period of construction: months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month year a Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 f. Does the project include new residential uses? • Yes ■ No If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family (four or more) Initial Phase At completion of all phases g. Does the proposed action include new non-residential construction (including expansions)? ■ Yes ■ No If Yes, i. Total number of structures ii. Dimensions (in feet) of largest proposed structure: height; width; and length iii. Approximate extent of building space to be heated or cooled: square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any • Yes ■ No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i. Purpose of the impoundment: ii. If a water impoundment, the principal source of the water: • Ground water ❑ Surface water streams • Other specify: iii. If other than water, identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons; surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? Yes •No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i . What is the purpose of the excavation or dredging? ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? • Volume (specify tons or cubic yards): • Over what duration of time? iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. iv. Will there be onsite dewatering or processing of excavated materials? Yes❑No If yes, describe. v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? ❑Yes MNo ix. Summarize site reclamation goals and plan: b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment Yes No p p❑ ❑ into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description): Page 4 of 13 ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: iii. Will the proposed action cause or result in disturbance to bottom sediments? ■ Yes ❑No If Yes, describe: iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? 0 Yes0No If Yes: • acres of aquatic vegetation proposed to be removed: * expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used, specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: c. Will the proposed action use, or create a new demand for water? • Yes ❑No If Yes: i. Total anticipated water usage/demand per day: gallons/day ii. Will the proposed action obtain water from an existing public water supply? ■ Yes ❑No If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? • Yes ■ No • Is the project site in the existing district? • Yes ■ No • Is expansion of the district needed? ■ Yes ■ No • Do existing lines serve the project site? • Yes ■ No iii. Will line extension within an existing district be necessary to supply the project? ■Yes ❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s) of supply for the district: iv. Is a new water supply district or service area proposed to be formed to serve the project site? ■ Yes •No If, Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s) of supply for new district: v. If a public water supply will not be used, describe plans to provide water supply for the project: vi. If water supply will be from wells (public or private), what is the maximum pumping capacity: gallons/minute. d. Will the proposed action generate liquid wastes? • YesDNo If Yes: i. Total anticipated liquid waste generation per day: gallons/day ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): iii Will the proposed action use any existing public wastewater treatment facilities? ■ YesDNo If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? IN Yes ❑No • Is the project site in the existing district? ■Yes ❑No • Is expansion of the district needed? ■ Yes ❑No Page 5 of 13 • Do existing sewer lines serve the project site? ■ Yes ■No • Will a line extension within an existing district be necessary to serve the project? ■ Yes • No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? • Yes ■ No If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surface discharge or describe subsurface disposal plans): vi. Describe any plans or designs to capture, recycle or reuse liquid waste: e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point ■ Yes ■ No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non -point source (i.e. sheet flow) during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres (impervious surface) Square feet or acres (parcel size) ii. Describe types of new point sources. iii. Where will the stormwater runoff be directed (i.e. on -site stormwater management facility/structures, adjacent properties, groundwater, on -site surface water or off -site surface waters)? • If to surface waters, identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? • Yes ■ No iv. Does the proposed plan minimize impervious surfaces, use pervious materials or collect and re -use stormwater? • Yes ■ No f. Does the proposed action include, or will it use on -site, one or more sources of air emissions, including fuel •Yes •No combustion, waste incineration, or other processes or operations? If Yes, identify: i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, •Yes ■ No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non -attainment area? (Area routinely or periodically fails to meet ■Yes ■No ambient air quality standards for all or some parts of the year) ii, In addition to emissions as calculated in the application, the project will generate: • Tons/year (short tons) of Carbon Dioxide (CO2) • Tons/year (short tons) of Nitrous Oxide (N20) • Tons/year (short tons) of Perfluorocarbons (PFCs) • Tons/year (short tons) of Sulfur Hexafluoride (SF6) • Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) • Tons/year (short tons) of Hazardous Air Pollutants (HAPs) Page 6 of 13 h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, ]Yes ■ No landfills, composting facilities)? If Yes: i. Estimate methane generation in tons/year (metric): ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as ■ Yes ■ No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ■ Yes ■ No new demand for transportation facilities or services? If Yes: 1. When is the peak traffic expected (Check all that apply): • Morning ■ Evening ■ Weekend • Randomly between hours of to . ii. For commercial activities only, projected number of truck trips/day and type (e.g., semi trailers and dump trucks): iii. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? ❑YesEINo v if the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe: vi. Are public/private transportation service(s) or facilities available within '/z mile of the proposed site? ■Yes ■ No vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric ■ Yes ■ No or other alternative fueled vehicles? viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing • Yes ■ No pedestrian or bicycle routes? k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand ■ Yes ■ No for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: ii. Anticipated sources/suppliers of electricity for the project (e.g., on -site combustion, on -site renewable, via grid/local utility, or other): iii. Will the proposed action require a new, or an upgrade, to an existing substation? ■ Yes ■ No 1. Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: • Monday - Friday: • Monday - Friday: * Saturday: • Saturday: • Sunday: • Sunday: • Holidays: • Holidays: Page 7 of 13 m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, operation, or both? If yes: i. Provide details including sources, time of day and duration: • Yes ■No ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? Describe: ■ Yes ■ No n. Will the proposed action have outdoor lighting? If yes: i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: • Yes • No ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? Describe: ❑ Yes ❑No o. Does the proposed action have the potential to produce odors for more than one hour per day? If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures: • Yes • No Will the proposed action include any bulk storage of petroleum(combined capacity of over 1 100 gallons) P p p g p p h' or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s) to be stored • Yes ■ No ii. Volume(s) per unit time (e.g., month, year) iii. Generally, describe the proposed storage facilities: q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, insecticides) during construction or operation? If Yes: i. Describe proposed treatment(s): • Yes •No ii. Will the proposed action use Integrated Pest Management Practices? ❑ Yes • No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal of solid waste (excluding hazardous materials)? If Yes: i. Describe any solid waste(s) to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Yes ■ No • Operation : tons per (unit of time) ii. Describe any proposals for on -site minimization, recycling or reuse of materials to avoid disposal as solid waste: • Construction: * Operation: iii. Proposed disposal methods/facilities for solid waste generated on -site: • Construction: • Operation: Page 8 of 13 s. Does the proposed action include construction or modification of a solid waste management facility? • Yes ■ No If Yes: i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month, if transfer or other non-combustion/thermal treatment, or • Tons/hour, if combustion or thermal treatment iii. If landfill, anticipated site life: years t. Will the proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous DYesDNo waste? If Yes: 1. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: ii. Generally describe processes or activities involving hazardous wastes or constituents: iii. Specify amount to be handled or generated tons/month iv. Describe any proposals for on -site minimization, recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? • Yes No If Yes: provide name and location of facility: If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E. Site and Setting of Proposed Action E.1. Land uses on and surrounding the project site a. Existing land uses. i. Check all uses that occur on, adjoining and near the project site. (suburban) (specify): (non -farm) • Urban ■ Industrial • Commercial • Residential • Rural ■ Forest • Agriculture • Aquatic • Other ii. If mix of uses, generally describe: b. Land uses and covertypes on the project site. Land use or Covertype Current Acreage Acreage After Project Completion Change (Acres +/-) • Roads, buildings, and other paved or impervious surfaces • Forested • Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) • Agricultural (includes active orchards, field, greenhouse etc.) • Surface water features (lakes, ponds, streams, rivers, etc.) • Wetlands (freshwater or tidal) • Non -vegetated (bare rock, earth or fill) • Other Describe: Page 9 of 13 c. Is the project site presently used by members of the community for public recreation? ■ i. If Yes: explain: Yes ■ No d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed ■ Yes• No day care centers, or group homes) within 1500 feet of the project site? If Yes, i. Identify Facilities: e. Does the project site contain an existing dam? ■ Yes■ No If Yes: i. Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet ii. Dam's existing hazard classification: iii. Provide date and summarize results of last inspection: f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, • Yes ■ No No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? If Yes: i. Has the facility been formally closed? ■ Yes■ * If yes, cite sources/documentation: ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: iii. Describe any development constraints due to the prior solid waste activities: g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin • Yes ■ No property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any V4 Yes ■ No No remedial actions been conducted at or adjacent to the proposed site? If Yes: i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site VI Yes ■ Remediation database? Check all that apply: ■ Yes — Spills Incidents database Provide DEC ID number(s): !I Yes — Environmental Site Remediation database Provide DEC ID number(s): V00085 ■ Neither database ii. If site has been subject of RCRA corrective activities, describe control measures: iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? 14 Yes ■ No If yes, provide DEC ID number(s): 828051, V00085 iv. If yes to (i), (ii) or (iii) above, describe current status of site(s): Page 10 of 13 v. Is the project site subject to an institutional control limiting property uses? • If yes, DEC site ID number: • Yes ■ No • Describe the type of institutional control (e.g., deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? • Explain: • Yes •No E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? feet b. Are there bedrock outcroppings on the project site? If Yes, what proportion of the site is comprised of bedrock outcroppings? % • Yes No c. Predominant soil type(s) present on project site: % % % d. What is the average depth to the water table on the project site? Average: feet e. Drainage status of project site soils: ■ Well Drained: % of site IN Moderately Well Drained: % of site • Poorly Drained % of site f. Approximate proportion of proposed action site with slopes: • 0-10%: % of site ■ 10-15%: % of site ❑ 15% or greater: % of site g. Are there any unique geologic features on the project site? If Yes, describe: ■ Yes!ANo h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? If Yes to either i or ii, continue. If No, skip to E.2. i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, state or local agency? iv. For each identified regulated wetland and waterbody on the project site, provide the following information: • Streams: Name Classification ■ Yes F. No !4Yes■ No F4 Yes ❑No • Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size • Wetland No. (if regulated by DEC) • Yes ®No v. Are any of the above water bodies listed in the most recent compilation of NYS water quality -impaired waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired: i. Is the project site in a designated Floodway? ■ Yes ; ANo j. Is the project site in the 100 -year Floodplain? ■ Yes IN° k. Is the project site in the 500 -year Floodplain? IN Yes ON° I. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? If Yes: i. Name of aquifer: Principal Aquifer, Primary Aquifer F4Yes ❑No Page 11 of 13 m. Identify the predominant wildlife species that occupy or use the project site: n. Does the project site contain a designated significant natural community? ■ Yes ONo If Yes: i. Describe the habitat/community (composition, function, and basis for designation): ii. Source(s) of description or evaluation: iii. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss (indicate + or -): acres o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as • Yes n No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing (endangered or threatened): p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of ❑Yes+I No special concern? If Yes: i. Species and listing: q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? •Yes ■No If yes, give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to • Yes nNo Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? If Yes, provide county plus district name/number: b. Are agricultural lands consisting of highly productive soils present? ■ Yes ONo i. If Yes: acreage(s) on project site? ii. Source(s) of soil rating(s): c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National ■Yes !►4No Natural Landmark? If Yes: i. Nature of the natural landmark: ■ Biological Community • Geological Feature ii. Provide brief description of landmark, including values behind designation and approximate size/extent: d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? • Yes FA No If Yes: i. CEA name: ii. Basis for designation: iii. Designating agency and date: Page 12 of 13 e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district • Yes• No which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: ■ Archaeological Site ■ Historic Building or District ii. Name: iii. Brief description of attributes on which listing is based: f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for !I Yes •No archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site? • Yes ■No If Yes: i. Describe possible resource(s): ii. Basis for identification: h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local • Yes ■No scenic or aesthetic resource? If Yes: i Identify resource: ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers • Yes!I No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? • Yes ■No F. Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Town of Irondequoit Date eV' /Z es Signature -�.� ,�G�.. Title supervisor PRINT FORM Page 13 of 13 EAF Mapper Summary Report Thursday, June 16, 2022 3:07 PM —14ai'wn1 of Irondequoit Iron dequ oit Rochester Sannin USES Intennap INCREMENTF', NRCan, Esn Japan FAET1, +n China (Hong Kongi Esti Korea Esti (Thai la nil I•IGCC t; ii Op.tSt.e&;lap contributors anti{.the GIS Usel Comm unity, ,: ntir]penStrestNiap contlibialilaidotpe GIS User Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional information on any EAF question can be obtained by consulting the EAF Workbooks Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations Otlarr, .Montreal Talon to .� . Rrctr,let plittrolt C-1 Oland Albany B ton ,., Pra.'t rtrrnC' I ftex'ea'k Pitfabwah C01,019303 PhllaaetphLa IEFy1ENTF FIR cane Esn Japan FAEl1, Esn Chiba (Hong P ongl Esti B.i.i [Coastal or Waterfront Area] No B.i.ii [Local Waterfront Revitalization Area] Yes C.2.b. [Special Planning District] Yes - Digital mapping data are not available for all Special Planning Districts. Refer to EAF Workbook. C.2.b. [Special Planning District - Name] Remediaton Sites:V00085, NYS Heritage Areas:West Erie Canal Corridor E.1.h [DEC Spills or Remediation Site - Yes - Digital mapping data for Spills Incidents are not available for this Potential Contamination History] location. Refer to EAF Workbook. E.1.h.i [DEC Spills or Remediation Site - Yes Listed] E.1.h.i [DEC Spills or Remediation Site - Yes Environmental Site Remediation Database] E.1.h.i [DEC Spills or Remediation Site - V00085 DEC ID Number] E.1.h.iii [Within 2,000' of DEC Remediation Yes Site] E.1.h.iii [Within 2,000' of DEC Remediation 828051, V00085 Site - DEC ID] E.2.g [Unique Geologic Features] No E.2.h.i [Surface Water Features] No E.2.h.ii [Surface Water Features] Yes E.2.h.iii [Surface Water Features] Yes - Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete. Refer to EAF Workbook. E.2.h.v [Impaired Water Bodies] No E.2.i. [Floodway] No E.2.j. [100 Year Floodplain] No E.2.k. [500 Year Floodplain] No Full Environmental Assessment Form - EAF Mapper Summary Report E.2.I. [Aquifers] Yes E.2.I. [Aquifer Names] Principal Aquifer, Primary Aquifer E.2.n. [Natural Communities] No E.2.o. [Endangered or Threatened Species] No E.2.p. [Rare Plants or Animals] No E.3.a. [Agricultural District] No E.3.c. [National Natural Landmark] No E.3.d [Critical Environmental Area] No E.3.e. [National or State Register of Historic Digital mapping data are not available or are incomplete. Refer to EAF Places or State Eligible Sites] Workbook. E.3.f. [Archeological Sites] Yes E.3.i. [Designated River Corridor] No Full Environmental Assessment Form - EAF Mapper Summary Report 2 Full Environmental Assessment Form Project: Part 2 - Identification of Potential Project Impacts Date : Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s) will not necessarily be environmental professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. Agency Use Only [If applicable] If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application, maps, supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. ▪ If you answer "Yes" to a numbered question, please complete all the questions that follow in that section. • If you answer "No" to a numbered question, move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box "Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact, it may help to review the sub -questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity, that is, the "whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, the land surface of the proposed site. (See Part 1. D.1) If "Yes ", answer questions a - j. If "No", move on to Section 2. ❑ YES +A NO Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may involve construction on land where depth to water table is less than 3 feet. E2d o u b. The proposed action may involve construction on slopes of 15% or greater. E2f ❑ o c. The proposed action may involve construction on land where bedrock is exposed, or generally within 5 feet of existing ground surface. E2a ❑ 0 d. The proposed action may involve the excavation and removal of more than 1,000 tons of natural material. D2a ❑ 0 e. The proposed action may involve construction that continues for more than one year or in multiple phases. D1e ❑ ❑ f. The proposed action may result in increased erosion, whether from physical disturbance or vegetation removal (including from treatment by herbicides). D2e, D2q ❑ ❑ g. The proposed action is, or may be, located within a Coastal Erosion hazard area. B 1 i 0 ❑ h. Other impacts: ❑ ❑ Page 1 of 10 FEAF 2019 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, FA NO ❑ YES minerals, fossils, caves). (See Part 1. E.2.g) If "Yes ", answer questions a - c. If "No", move on to Section 3. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Identify the specific land form(s) attached: E2g 0 0 b. The proposed action may affect or is adjacent to a geological feature listed as a registered National Natural Landmark. Specific feature: E3c 0 0 c. Other impacts: 0 0 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water FA NO ❑ YES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If "Yes ", answer questions a -1. If "No", move on to Section 4. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may create a new water body. D2b, D1h 0 0 b. The proposed action may result in an increase or decrease of over 10% or more than a 10 acre increase or decrease in the surface area of any body of water. D2b ❑ 0 c. The proposed action may involve dredging more than 100 cubic yards of material from a wetland or water body. D2a 0 ❑ d. The proposed action may involve construction within or adjoining a freshwater or tidal wetland, or in the bed or banks of any other water body. E2h 0 0 e. The proposed action may create turbidity in a waterbody, either from upland erosion, runoff or by disturbing bottom sediments. D2a, D2h ❑ ❑ f. The proposed action may include construction of one or more intake(s) for withdrawal of water from surface water. D2c 0 0 g. The proposed action may include construction of one or more outfall(s) for discharge of wastewater to surface water(s). D2d ❑ 0 h. The proposed action may cause soil erosion, or otherwise create a source of stormwater discharge that may lead to siltation or other degradation of receiving water bodies. D2e 0 0 i. The proposed action may affect the water quality of any water bodies within or downstream of the site of the proposed action. E2h 0 0 j. The proposed action may involve the application of pesticides or herbicides in or around any water body. D2q, E2h 0 0 k. The proposed action may require the construction of new, or expansion of existing, wastewater treatment facilities. Dla, D2d 0 0 Page 2 of 10 1. Other impacts: ❑ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or ! NO ❑YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If "Yes", answer questions a - h. If "No", move on to Section 5. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may require new water supply wells, or create additional demand on supplies from existing water supply wells. D2c ❑ 0 b. Water supply demand from the proposed action may exceed safe and sustainable withdrawal capacity rate of the local supply or aquifer. Cite Source: D2c ❑ ❑ c. The proposed action may allow or result in residential uses in areas without water and sewer services. Dla, D2c ❑ 0 d. The proposed action may include or require wastewater discharged to groundwater. D2d, E21 0 0 e. The proposed action may result in the construction of water supply wells in locations where groundwater is, or is suspected to be, contaminated. D2c, Elf, E1g, Elh ❑ 0 f. The proposed action may require the bulk storage of petroleum or chemical products over ground water or an aquifer. D2p, E21 0 ❑ g. The proposed action may involve the commercial application of pesticides within 100 feet of potable drinking water or irrigation sources. E2h, D2q, E21, D2c 0 0 h. Other impacts: 0 ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. !1 NO ❑YES (See Part 1. E.2) If "Yes ", answer questions a - g. If "No", move on to Section 6. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may _ occur a. The proposed action may result in development in a designated floodway. E2i 0 0 b. The proposed action may result in development within a 100 year floodplain. E2j ❑ 0 c. The proposed action may result in development within a 500 year floodplain. E2k 0 0 d. The proposed action may result in, or require, modification of existing drainage patterns. D2b, D2e 0 ❑ e. The proposed action may change flood water flows that contribute to flooding. D2b, E2i, E2j, Elk 0 ❑ f. If there is a dam located on the site of the proposed action, is the dam in need of repair, or upgrade? El e 0 0 Page 3 of 10 g. Other impacts: 0 0 6. Impacts on Air The proposed action may include a state regulated air emission source. NO ❑YES (See Part 1. D.2.f., D.2.h, D.2.g) If "Yes", answer questions a - f If "No", move on to Section 7. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. If the proposed action requires federal or state air emission permits, the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide (CO2) ii. More than 3.5 tons/year of nitrous oxide (N20) iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) iv. More than .045 tons/year of sulfur hexafluoride (SF6) v. More than 1000 tons/year of carbon dioxide equivalent of hydrochloroflourocarbons (HFCs) emissions vi. 43 tons/year or more of methane D2g D2g D2g D2g D2g D2h 0 0 ❑ ° ° 0 0 0 ° ° ° 0 b. The proposed action may generate 10 tons/year or more of any one designated hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous air pollutants. D2g 0 0 c. The proposed action may require a state air registration, or may produce an emissions rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat source capable of producing more than 10 million BTU's per hour. D2f, D2g ❑ 0 d. The proposed action may reach 50% of any of the thresholds in "a" through "c", above. D2g ❑ ❑ e. The proposed action may result in the combustion or thermal treatment of more than 1 ton of refuse per hour. D2s ❑ 0 f. Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m. -q.) If "Yes ", answer questions a - j. If "No", move on to Section 8. YES FA NO Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may cause reduction in population or loss of individuals of any threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. E2o 0 0 b. The proposed action may result in a reduction or degradation of any habitat used by any rare, threatened or endangered species, as listed by New York State or the federal government. E2o ❑ ❑ c. The proposed action may cause reduction in population, or loss of individuals, of any species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. E2p 0 0 d. The proposed action may result in a reduction or degradation of any habitat used by any species of special concern and conservation need, as listed by New York State or the Federal government. E2p Page 4 of 10 e. The proposed action may diminish the capacity of a registered National Natural Landmark to support the biological community it was established to protect. E3c ❑ ❑ f. The proposed action may result in the removal of, or ground disturbance in, any portion of a designated significant natural community. Source: E2n 0 0 g. The proposed action may substantially interfere with nesting/breeding, foraging, or over -wintering habitat for the predominant species that occupy or use the project site. E2m 0 0 h. The proposed action requires the conversion of more than 10 acres of forest, grassland or any other regionally or locally important habitat. Habitat type & information source: Elb ❑ 0 i. Proposed action (commercial, industrial or recreational projects, only) involves use of herbicides or pesticides. D2q 0 El j. Other impacts: ❑ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) nNO ❑YES If "Yes ", answer questions a - h. If "No", move on to Section 9. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may impact soil classified within soil group 1 through 4 of the NYS Land Classification System. E2c, E3b ❑ 0 b. The proposed action may sever, cross or otherwise limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc). El a, Elb ❑ 0 c. The proposed action may result in the excavation or compaction of the soil profile of active agricultural land. E3b 9 0 d. The proposed action may irreversibly convert agricultural land to non-agricultural uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. Elb, E3a ❑ 0 e. The proposed action may disrupt or prevent installation of an agricultural land management system. El a, Elb ❑ 0 f. The proposed action may result, directly or indirectly, in increased development potential or pressure on farmland. C2c, C3, D2c, D2d 0 0 g. The proposed project is not consistent with the adopted municipal Farmland Protection Plan. C2c 0 0 h. Other impacts: 0 ❑ Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in !I NO ❑ YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.) If "Yes", answer questions a - g. If "No", go to Section 10. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Proposed action may be visible from any officially designated federal, state, or local scenic or aesthetic resource. E3h n a b. The proposed action may result in the obstruction, elimination or significant screening of one or more officially designated scenic views. E3h, C2b 0 0 c. The proposed action may be visible from publicly accessible vantage points: i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) ii. Year round E3h 0 o ❑ 0 d. The situation or activity in which viewers are engaged while viewing the proposed action is: i. Routine travel by residents, including travel to and from work ii. Recreational or tourism based activities E3h E2q, Elc ❑ 0 ❑ 0 e. The proposed action may cause a diminishment of the public enjoyment and appreciation of the designated aesthetic resource. E3h a 0 f. There are similar projects visible within the following distance of the proposed project: 0-1/2 mile %2 -3 mile 3-5 mile 5+ mile Dla, E1 a, Dlf, Dlg 0 0 g. Other impacts: 0 [l _ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological 1g NO ❑YES resource. (Part 1. E.3.e, f. and g.) If "Yes ", answer questions a - e. If "No", go to Section 11. Relevant Part I Question(s) No, or small impact may occur 0 Moderate to large impact may occur a. The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on the National or State Register of Historical Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places. E3e 0 b. The proposed action may occur wholly or partially within, or substantially contiguous to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory. E3f ❑ n c. The proposed action may occur wholly or partially within, or substantially contiguous to, an archaeological site not included on the NY SHPO inventory. Source: E3g u 0 Page 6 of 10 d. Other impacts: ❑ ❑ If any of the above (a -d) are answered "Moderate to large impact may e. occur", continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part of the site or property. ii. The proposed action may result in the alteration of the property's setting or integrity. iii. The proposed action may result in the introduction of visual elements which are out of character with the site or property, or may alter its setting. E3e, E3g, E3f E3e, E3f, E3g, E1a, Elb E3e, E3f, E3g, E3h, C2, C3 D o ❑ 0 0 ❑ 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.1.c., E.2.q.) If "Yes ", answer questions a - e. If "No", go to Section 12. 1 NO YES Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may result in an impairment of natural functions, or "ecosystem services", provided by an undeveloped area, including but not limited to stormwater storage, nutrient cycling, wildlife habitat. D2e, Elb E2h, E2m, E2o, E2n, E2p ri 0 b. The proposed action may result in the loss of a current or future recreational resource. C2a, E1c, C2c, E2q ❑ ❑ c. The proposed action may eliminate open space or recreational resource in an area with few such resources. C2a, C2c El c, E2q 0 ❑ d. The proposed action may result in loss of an area now used informally by the community as an open space resource. C2c, E1c 0 ❑ e. Other impacts: 0 0 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical Lr l NO environmental area (CEA). (See Part 1. E.3.d) If "Yes ", answer questions a - c. If "No", go to Section 13. YES ❑ Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may result in a reduction in the quantity of the resource or characteristic which was the basis for designation of the CEA. E3d 0 in b. The proposed action may result in a reduction in the quality of the resource or characteristic which was the basis for designation of the CEA. E3d 0 0 c. Other impacts: C1 0 Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. nNO LIYES (See Part 1. D.2.j) If "Yes ", answer questions a --f If "No", go to Section 14. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b. The proposed action may result in the construction of paved parking area for 500 or more vehicles. D2j 0 0 c. The proposed action will degrade existing transit access. D2j 0 ❑ d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j 0 0 e. The proposed action may alter the present pattern of movement of people or goods. D2j 0 0 f. Other impacts: ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. lig NO YES (See Part 1. D.2.k) I_f "Yes ", answer questions a - e. If "No", go to Section 15. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur _ a. The proposed action will require a new, or an upgrade to an existing, substation. D2k 0 0 b. The proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two-family residences or to serve a commercial or industrial use. Dlf, Dlq, D2k 0 0 c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k 0 0 d. The proposed action may involve heating and/or cooling of more than 100,000 square feet of building area when completed. Dig ❑ 0 e. Other Impacts: 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. N NO YES (See Part 1. D.2.m., n., and o.) If "Yes ", answer questions a - f If "No", go to Section 16. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may produce sound above noise levels established by local regulation. D2m D 0 b. The proposed action may result in blasting within 1,500 feet of any residence, hospital, school, licensed day care center, or nursing home. D2m, El d 0 0 c. The proposed action may result in routine odors for more than one hour per day. D2o ❑ 0 Page 8 of 10 d. The proposed action may result in light shining onto adjoining properties. D2n 0 0 e. The proposed action may result in lighting creating sky -glow brighter than existing area conditions. D2n, E1a 0 0 f. Other impacts: 4 o 16. Impact on Human Health The proposed action may have an impact on human health from exposure pg NO ❑ YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) If "Yes ", answer questions a - m. If "No ", yo to Section 17. Relevant Part I Question(s) No,or small impact may cccur Moderate to large impact may occur a. The proposed action is located within 1500 feet of a school, hospital, licensed day care center, group home, nursing home or retirement community. E1d 1 0 b. The site of the proposed action is currently undergoing remediation. E1g, E1h 0 ❑ c. There is a completed emergency spill remediation, or a completed environmental site remediation on, or adjacent to, the site of the proposed action. E1g, E1h ❑ 0 d. The site of the action is subject to an institutional control limiting the use of the property (e.g., easement or deed restriction). E1g, E1h 0 0 e. The proposed action may affect institutional control measures that were put in place to ensure that the site remains protective of the environment and human health. E1g, E1 h 0 0 f. The proposed action has adequate control measures in place to ensure that future generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. D2t 0 0 g. The proposed action involves construction or modification of a solid waste management facility. D2q, Elf 0 ❑ h. The proposed action may result in the unearthing of solid or hazardous waste. D2q, Elf ❑ 0 i. The proposed action may result in an increase in the rate of disposal, or processing, of solid waste. D2r, D2s 0 ❑ j. The proposed action may result in excavation or other disturbance within 2000 feet of a site used for the disposal of solid or hazardous waste. Elf, E1g E 1 h 0 0 k. The proposed action may result in the migration of explosive gases from a landfill site to adjacent off site structures. E1f, E1g 0 0 1. The proposed action may result in the release of contaminated leachate from the project site. D2s, Elf, D2r ❑ 0 m. Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. I NO YES (See Part 1. C.1, C.2. and C.3.) If "Yes ", answer questions a - h. If "No", go to Section 18. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may I occur a. The proposed action's land use components may be different from, or in sharp contrast to, current surrounding land use pattem(s). C2, C3, Dla E1a, Elb ❑ 0 b. The proposed action will cause the permanent population of the city, town or village in which the project is located to grow by more than 5%. C2 0 0 c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 0 0 d. The proposed action is inconsistent with any County plans, or other regional land use plans. C2, C2 0 0 e. The proposed action may cause a change in the density of development that is not supported by existing infrastructure or is distant from existing infrastructure. C3, D 1 c, D1d, Dlf, Dld, Elb ❑ ❑ f. The proposed action is located in an area characterized by low density development that will require new or expanded public infrastructure. C4, D2c, D2d D2j 0 0 g. The proposed action may induce secondary development impacts (e.g., residential or commercial development not included in the proposed action) C2a ❑ h. Other: LI 0 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. rgNO YES (See Part 1. C.2, C.3, D.2, E.3) If "Yes ", answer questions a - g. If "No", proceed to Part 3. Relevant Part 1 Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may replace or eliminate existing facilities, structures, or areas of historic importance to the community. E3e, E3f, E3g ❑ 0 b. The proposed action may create a demand for additional community services (e.g. schools, police and fire) C4 n 0 c. The proposed action may displace affordable or low-income housing in an area where there is a shortage of such housing. C2, C3, DI Dlg, El a 0 0 d. The proposed action may interfere with the use or enjoyment of officially recognized or designated public resources. C2, E3 0 0 e. The proposed action is inconsistent with the predominant architectural scale and character. C2, C3 0 0 f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 E1a, E1b E2g, E2h 0 _ g. Other impacts: [0 PRINT FULL FORM Page 10 of 10 Agency Use Only (IfApplicable) Project; Date Full Environmental Assessment Form Part 3 - Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact occurring, number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. • Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets, as needed. The Town has reviewed the criteria for determining environmental significance in 6 CRR-NY 617.7(c) and determined that the proposed zoning revisions will not have significant adverse impact on the environment. The proposed zoning amendment would allow cannabis facilities in the M Zoning District with a special use permit from the Planning Board, subject to setbacks and other restrictions. Within the areas where cannabis facilities would be allowed, the existing zoning regulations allow a range of manufacturing and other business uses. The addition of cannabis facilities does not represent a significant change. In addition, the time, place and manner requirements in the special use permit criteria, and compliance with existing site plan review requirements, will ensure that cannabis facilities to De accommodated by the zoning change will not have a significant Impact on the environment. Finally, all facilities that propose to be sited in accordance ,with the zoning revision will require individual, site -specific environmental review in accordance with SEQRA. Determination of Significance - Type 1 and Unlisted Actions SEQR Status: © Type 1 ❑ Unlisted Identify portions of EAF completed for this Project: © Part 1 © Part 2 © Part 3 FEAF 2019 Upon review of the information recorded on this EAF, as noted, plus this additional support information and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the IrondequoitTown Board as lead agency that: lig A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617.7(d)). ❑ C. This Project may result in one or more significant adverse impacts on the environment, and an environmental impact statement must be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly, this positive declaration is issued. Name of Action: Zoning Revision to regulate the time, place and manner of Cannabis Facilities Name of Lead Agency: Town of Irondequoit Name of Responsible Officer in Lead Agency: Rory Fitzpatrick Title of Responsible Officer: Supervisor Signature of Responsible Officer in Lead Agency: Date: Signature of Preparer (if different from Responsible Officer) Date: For Further Information: Contact Person: Rory Fitzpatrick, Supervisor Address: 1280 Titus Avenue Telephone Number: (585) 467-8840 E-mail: supervisor@irondequoit.gov For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of) Other involved agencies (if any) Applicant (if any) Environmental Notice Bulletin: http:J/www.dec.nv.gov/cnh/cnnb.html PRINT FULL FORM] Page 2 of 2 Resolution No. 2022- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A LOCAL LAW TO ADOPT TIME, PLACE AND MANNER REQUIREMENTS FOR CANNABIS FACILITIES 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 16th day of August 2022 at 7:00 p.m. local time, there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member______________________offered the following resolution and moved its adoption: WHEREAS, the Town Board has the authority to establish time, place and manner restrictions for the siting of Cannabis Facilities pursuant to Section 131(2) of the New York Cannabis Law and pursuant to the New York Municipal Home Rule Law; and WHEREAS, at a regular meeting of the Town Board, Town Board Member Romeo motioned to propose a Local Law to amend Chapter 235 of the Code of the Town of Irondequoit to adopt time, place and manner requirements concerning the siting of Cannabis Facilities within the Town, including establishing permissible zoning districts for such facilities and providing for Planning Board approval of special use permits for such facilities (the “Local Law”); and WHEREAS, the Town Board adopted a resolution on June 21, 2022 calling for a public hearing to be held on July 19, 2022 to hear all interested parties with respect to the proposed Local Law; and WHEREAS, notice of said public hearing was duly published in the official newspaper of the Town and posted as required by law; and WHEREAS, said public hearing was duly conducted on July 19, 2022, with all parties in attendance permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof; and WHEREAS, the Town Board received an e-mail of the proposed Local Law via e-mail at least 10 days before this meeting pursuant to Municipal Home Rule Law Section 20(4); and WHEREAS, the proposed Local Law was submitted to the Monroe County Planning Department for review and comment pursuant to the requirements of the Town Code, New York Town Law, and New York General Municipal Law; and WHEREAS, the Monroe County Planning Department issued a letter stating that it has no comment upon the proposed local law; and WHEREAS, pursuant to Town Code Section 235-99, the Town referred the proposed Local Law to the Planning Board, and the Planning Board issued comments for the Local Law; and WHEREAS, pursuant to the New York State Environmental Quality Review Act and its implementing regulations, the adoption of the proposed Local Law is classified as a Type I Action, and the Town Board assumed lead agency status, conducted a coordinated review, and by Resolution 2022-____ adopted a negative declaration for the action; and WHEREAS, the Town Board, after due deliberation, finds it in the best interest of the Town of Irondequoit to adopt said Local Law. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts said Local Law __ of 2022, amending Chapter 235 of the Town Code, a copy of which Local Law is attached hereto and made a part hereof, and the Town Clerk is hereby directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Irondequoit, and to give due notice of the adoption of said Local Law to the New York Secretary of State and post the same as required by the Irondequoit Town Code. This resolution shall take effect immediately upon its adoption and shall be filed with the Town of Irondequoit Clerk and the New York Secretary of State. 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 _______ Local Law 11274749_2 LOCAL LAW NO. __ OF 2022 TO ADOPT TIME, PLACE AND MANNER REQUIREMENTS FOR CANNABIS FACILITIES Be it enacted by the Town Board of the Town of Irondequoit as follows: Section 1. Legislative Purpose and Findings. In 2021, the State of New York enacted the Marihuana Regulation and Taxation Act (MRTA), establishing the New York State Cannabis Law and authorizing, among other things, adult use of Cannabis and a State procedure to license Cannabis Retail Dispensaries and On-site Cannabis Consumption Facilities. The MRTA authorizes municipalities to pass local laws and regulations governing the time, place and manner of the operation of such facilities, provided that such local laws or regulations do not make the operation of such facilities unreasonably impracticable. The Town Board of the Town of Irondequoit hereby determines that to safeguard the public health, safety, and welfare, State- licensed cannabis facilities be located within the M Manufacturing District, subject to a special use permit issued by the Planning Board, and that the Planning Board be authorized to issue such special use permits by applying specifically enumerated criteria concerning the time, place, and manner of operation of such facilities. The Town Board determines that the provisions of this Act are reasonable and do not render impracticable the siting and operation of State-licensed Cannabis Retail Dispensaries and On-site Cannabis Consumption Facilities. The Town Board further states its intention that funds received by the Town pursuant to Article 20-C of the New York State Tax Law be first allocated or appropriated toward the provision of public safety and law enforcement, and then allocated or appropriated toward such other purposes as the Town Board deems appropriate, subject in all instances to all applicable laws and regulations, including those relating to the preparation and approval of the preliminary and final budgets of the Town and the provisions of Article 8 of the New York State Town Law. Section 2. Authority. This local law is adopted pursuant to Section 10 of the New York Municipal Home Rule Law and Section 131(2) of the New York Cannabis Law. Section 3. Amendment to Chapter 235. Chapter 235, Article II, Section 235-4, paragraph B, of the Code of the Town of Irondequoit, pertaining to specific terms, is hereby amended to add definitions for CANNABIS FACILITY, CANNABIS RETAIL DISPENSARY, AND ON-SITE CANNABIS CONSUMPTION FACILITY, as follows: Cannabis Facility. A Cannabis Retail Dispensary or On-site Cannabis Consumption Facility. (Note: This definition does not include cannabidiol stores or other facilities that do not require a license from the New York Office of Cannabis Management.) Cannabis Retail Dispensary. A retail facility for the sale of cannabis products that requires an “adult-use cannabis retail dispensary license” from the New York Office of Cannabis Management pursuant to the New York Marihuana Regulation and Taxation Act (MRTA.) 11274749_2 On-site Cannabis Consumption Facility. A facility for the on-site consumption of cannabis products that requires an “adult-use on-site consumption license” from the New York Office of Cannabis Management pursuant to the New York Marihuana Regulation and Taxation Act (MRTA.) Section 4. Amendment to Chapter 235. Chapter 235, Article X, Section 235-36.1, of the Code of the Town of Irondequoit, pertaining to special permit uses in M Manufacturing Districts, is amended to add the following uses requiring a special use permit, as follows: O. Cannabis Retail Dispensary P. On-Site Cannabis Consumption Facility. Section 5. Amendment to Chapter 235. Chapter 235, Article XVI, Section 235-90, of the Code of the Town of Irondequoit, pertaining to special use permits, is hereby amended to delete the material showing in bracketed strikethrough text, and to add the material appearing in bold underscored text, as follows: § 235-90 Authority. A. Issuance of permits. (1) The Town of Irondequoit considers the review and approval of special use permits for major principal land uses prior to the issuance of building permits to be an essential element of local land use control. The special use permit review and approval process outlined in this article is designed to ensure that certain proposed development projects meet a predetermined set of standards and criteria prior to approval, based on the nature of the land use involved and the characteristics of the site proposed for that land use. These standards and criteria are designed to ensure that development costs of proposed projects are minimized or eliminated altogether. The special use permit review and approval process ensures that development proposals are analyzed for their impacts on local growth, public facilities and infrastructure, as well as surrounding land uses and natural features. The process is also designed to ensure that land resources are utilized in the most appropriate and desirable manner. (2) Except as otherwise provided for in this article with respect to the authority of the Town of Irondequoit Planning Board to issue special use permits within the Waterfront Development (WD), LaSalles Landing (LLD) and River Harbor (RH) Districts, and for Cannabis Facilities in the M Manufacturing District, the Irondequoit Town Board shall issue all other special use permits required under this zoning law. 11274749_2 B. The Town of Irondequoit Planning Board, in accordance with the provisions of § 274-b of New York State Town Law, as amended or changed, shall have the authority to issue special use permits for the following uses permitted within the Waterfront Development (WD) District only, prior to the issuance of any building permits: (1) Principal uses. (a) Multifamily dwellings, apartment buildings or other similar uses. (b) Townhouses, row houses and other similar uses. (c) Commercial parks, playgrounds or beaches, amusement parks, golf courses, tennis/racquetball clubs or other similar uses operated for gain. (d) Private clubs or camps, private membership clubs, lodges or fraternal organizations, neighborhood or community centers, YMCA or YWCA or other similar uses. (e) Sit-down restaurants. (f) Motels, hotels or boatels. (g) Yacht clubs or other similar uses. (h) Marinas, boat docks, docking basins, boat launching ramps, including related retail sales of pleasure boats, marine and fishing supplies, and other similar uses. (i) Boat service, repair, rental and storage facilities or other similar uses. (j) Stores, shops and boutiques designated for festive retail uses and activities. (k) Public utility buildings or structures, including, but not limited to, electrical substations. (l) Combinations of permitted principal uses based on a determination by the Town Planning Board that such combinations are appropriate for the proposed waterfront area and are compatible with the purpose and intent of this district, as well as the goals and policies of the Local Waterfront Revitalization Program (LWRP). Each such proposed use shall be subject to special use permit review and approval. 11274749_2 (m) Other uses not specifically listed above but which, based on a determination by the Town Planning Board, are deemed appropriate for waterfront areas; are similar in nature to permitted principal uses; and are compatible with the purpose and intent of this district, as well as the goals and policies of the Local Waterfront Revitalization Program (LWRP). (2) Accessory uses. (a) Radio, TV or CB antennas that require a permit from the Town Zoning Board of Appeals. (b) All signage, with the exception of real estate signs, temporary political signs and accessory traffic signs. (c) Outdoor storage of boats. (d) Fishing piers, wharves, boat launching ramps and similar waterfront structures and facilities. (e) Accessory dredging and filling. C. Cannabis Facilities. The Town of Irondequoit Planning Board, in accordance with the provisions of § 274-b of New York State Town Law, as amended or changed, shall have the authority to issue special use permits for Cannabis Retail Dispensaries and On-Site Cannabis Consumption Facilities within the Manufacturing (M) District prior to the issuance of any building permits. Such facilities must comply with the following requirements. (1) Introduction. (a) The Town of Irondequoit has opted to allow adult-use cannabis retail dispensaries and on-site consumption facilities with a Special Use Permit issued by the Planning Board, subject to the time, place and manner provisions below. (b) The following requirements apply to all cannabis facilities. (2) New York State License required (a) Cannabis facilities must have a valid license issued by the New York State Office of Cannabis Management. 11274749_2 (b) Special permit requirements are intended to regulate the time, place and manner of licensed cannabis facilities. The Planning Board shall not apply any requirements that conflict with the provisions of the NYS license. (3) Location (a) Cannabis facilities shall be allowed with a special use permit in the M Manufacturing District only. (b) Cannabis facilities shall not be permitted within 1000 feet of any school or Town-owned park or playground, or within 500 feet of any place of worship. A map depicting the excluded areas shall be maintained by the Town Code Enforcement Officer. (c) No cannabis facility shall be located within 500 feet of another cannabis facility in the Town of Irondequoit. (d) Separation distances shall be measured in a straight line from the nearest point of each property line. (4) Physical requirements (a) The principal entrance must be located on a public thoroughfare at street level. (b) All aspects of the cannabis facility, except for the transportation of product or materials, must take place within a fully enclosed building and shall not be visible from the exterior of the business. (c) No outside storage is permitted. (d) The area of any Cannabis Retail Dispensary that is open to the public shall not exceed 5,000 sq. ft. gross floor area. (e) Ventilation: All cannabis facilities shall be ventilated in such a manner that no odor from cannabis or its use can be detected by a person with an unimpaired and 11274749_2 otherwise normal sense of smell at the exterior of the cannabis facility or at any adjoining use or property. (f) Signage must be approved by the New York State Office of Cannabis Management and comply with the sign regulations in Article XXI of Chapter 235 of the Code of the Town of Irondequoit. (g) Exterior lighting shall not extend beyond property lines. (h) No cannabis facility shall be located inside a building containing residential units, including transient housing such as motels and dormitories. (i) The use of a walk-up or drive-thru window service is prohibited. (j) If the license issued by the New York State Office of Cannabis Management specifies other, additional, or more specific provisions relating to the size, site plan or other physical attributes of the facility, the provisions in such license will apply instead of the requirements of this section. (5) Operations (a) Security All Cannabis Retail Dispensaries and On-Site Consumption Facilities shall provide and maintain adequate security measures and safety plans. (b) Hours of operation may be determined by the Planning Board subject to the following limitations i. In no event shall a Cannabis Retail Dispensary be open to the public before 7:00 am nor after 10:00 pm. 11274749_2 ii. In no event shall an On-Site Consumption Facility be open to the public between midnight and 7:00 am. (c) If the license issued by the New York State Office of Cannabis Management specifies other, additional, or more specific security provisions, hours of operation or other provisions relating the facility operation, the provisions in such license will apply instead of the requirements of this section. Section 6. Severability. The provisions of this Act are declared to be severable, and if a section of this Act is held to be invalid, the invalidity shall not affect the other provisions of this Act that can be given effect without the invalidated provision. Section 7. Effective Date. This Act shall take effect upon its filing with the Secretary of State as required by § 27 of the Municipal Home Rule Law. Office of the County Executive Monroe County, New York Adam J. Bello County Executive July 20, 2022 Honorable Rory Fitzpatrick, Supervisor Town of Irondequoit 1280 Titus Avenue Rochester, NY 14617 Re: Lead Agency Request: Adoption of Local Law Amending Town Code Ch. 235 Zoning - Cannabis Facilities w/in the Town of Irondequoit Dear Supervisor Fitzpatrick: We are in receipt of your request to be lead agency under SEQRA in connection with the environmental review of the above -referenced project. The Department of Planning and Development was consulted and Monroe County hereby consents to the Irondequoit Town Board serving as lead agency under SEQRA. A copy of the determination of significance should be forwarded to the following: Rochelle Bell, Sr. Associate Planner Monroe County Department of Planning and Development 50 West Main Street, CityPlace, Ste. 1150 Rochester, New York 14614 If you require any additional information from the County, please contact Rochelle Bell at rbell@monroecounty.gov or at (585) 330-0875. Adam J. Bello Monroe County Executive AJB:RB:PG:kmh cc: Rochelle Bell, Sr. Associate Planner, Monroe Co. Department of Planning and Development 110 County Office Building • 39 West Main Street • Rochester, New York 14614 (585) 753-1000 • fax: (585) 753-1014 • 11141V. monroecouno:gov • e-mail: countyexecutivea manroecounty.gov To: From: Date: Subject: Department of Planning & Development Monroe County, New York Adam J. Bello County Executive Town of Irondequoit Municipal Board Yixuan Lin, Planner 2 July 18, 2022 Town Code Amendment to Chapter 235, Zoning Ana J. Liss Director JLJ1. 182022 TOWN OF 1RONOEQUOIT PLANNING & ZONING DEPT. Adoption of a Local Law to amend Chapter 235 of Town Code to adopt time, place and manner regulations concerning the siting of cannabis facilities within the town including establishing permissible zoning district for such facilities and providing for Planning Board approval of special use permits for such facilities. MCDPEtD Response to Development Review Referral (IR22004) Review Authority and Response: General Municipal Law: County Charter: ❑x Section 239-m (Zoning) ❑ Approval ❑ Modification ❑ Disapproval ❑ Comment ❑x No Comment ❑ Section 239-n (Subdivision) D Approval ❑ Modification ❑ Disapproval ❑ Comment ❑ No Comment ❑ Section C5 -4.A (Airport) ❑ Approval ❑ Approval with Conditions ❑ Disapproval ❑ Section C5 -4.0 (Advisory Review) ❑ Comment ❑ No Comment Previously Reviewed by MCD&P (if yes, previous referral response applies to this referral): ❑ Yes ❑X No Referred to the Development Review Committee (DRC) (If yes, DRC Project Review Report attached): ❑X Yes ❑ No MCDPftD Comments: 1. The Monroe County Department of Planning and Development has reviewed this application and does not have any comment. Please refer to the attached Project Review Report for the complete list of Development Review Committee comments. If you have any questions regarding this review, please contact me at 585-753-2026 or YixuanLin®monroecounty.gov. xc: Development Review Committee Rory Fitzpatrick, Supervisor, Town of Irondequoit Monroe County Planning a Development CityPlace 50 West Main Street -Suite 1 150 • Rochester, New York 14614 (585) 753-2000 •fax: (585) 753-2002 • www,monroecountv.gov • e-mail: mcplanning@monroecouniv.gov PROJECT REVIEW REPORT July 18, 2022 Monroe County Development Review Committee Subject: Attachment to File IR22004 Town Code Amendment to Chapter 235, Zoning The Monroe County Development Review Committee (DRC) has reviewed the subject application and have the following comments that need to be addressed prior to submission of final plans for approval. Monroe County Department of Health (MCDOH), Contact Brett Gobe (585-753-5459) with questions. 1. This project was not sent to Monroe County Department of Health for review. Applicants should verify with this agency that they do not have jurisdictional requirements for this project. Monroe County Department of Transportation (MCDOT), Contact John Raymond (753-7711) with questions. 1. This project was not sent to Monroe County Department of Transportation for review. Applicants should verify with this agency that they do not have jurisdictional requirements for this project. Monroe County Department of Environmental Services (MCDES), Division of Pure Waters, Contact Richard Bianchi (753- 7614) with questions. 1. This project was not sent to Monroe County Environmental Services for review. Applicants should verify with this agency that they do not have jurisdictional requirements for this project. New York State Department of Transportation (NYSDOT), Contact Zachary Starke (272-3472) with questions. 1. This project was not sent to New York State Department of Transportation for review. Applicants should verify with this agency that they do not have jurisdictional requirements for this project. CityPlace 50 West Main Street •Suite 1150 • Rochester, New York 14614 (585) 753-2000 .fax: (585) 753-2002 • www.monroecountv.gov • e-mail: mcplanning@monroecounly.gov To: From: Date: Subject: Department of Planning & Development Monroe County, New York Adam J. Bello County Executive Town of Irondequoit Municipal Board Yixuan Lin, Planner 2 July 18, 2022 Town Code Amendment to Chapter 235, Zoning Ana J. Liss Director JLJ1. 182022 TOWN OF 1RONOEQUOIT PLANNING & ZONING DEPT. Adoption of a Local Law to amend Chapter 235 of Town Code to adopt time, place and manner regulations concerning the siting of cannabis facilities within the town including establishing permissible zoning district for such facilities and providing for Planning Board approval of special use permits for such facilities. MCDPEtD Response to Development Review Referral (IR22004) Review Authority and Response: General Municipal Law: County Charter: ❑x Section 239-m (Zoning) ❑ Approval ❑ Modification ❑ Disapproval ❑ Comment ❑x No Comment ❑ Section 239-n (Subdivision) D Approval ❑ Modification ❑ Disapproval ❑ Comment ❑ No Comment ❑ Section C5 -4.A (Airport) ❑ Approval ❑ Approval with Conditions ❑ Disapproval ❑ Section C5 -4.0 (Advisory Review) ❑ Comment ❑ No Comment Previously Reviewed by MCD&P (if yes, previous referral response applies to this referral): ❑ Yes ❑X No Referred to the Development Review Committee (DRC) (If yes, DRC Project Review Report attached): ❑X Yes ❑ No MCDPftD Comments: 1. The Monroe County Department of Planning and Development has reviewed this application and does not have any comment. Please refer to the attached Project Review Report for the complete list of Development Review Committee comments. If you have any questions regarding this review, please contact me at 585-753-2026 or YixuanLin®monroecounty.gov. xc: Development Review Committee Rory Fitzpatrick, Supervisor, Town of Irondequoit Monroe County Planning a Development CityPlace 50 West Main Street -Suite 1 150 • Rochester, New York 14614 (585) 753-2000 •fax: (585) 753-2002 • www,monroecountv.gov • e-mail: mcplanning@monroecouniv.gov PROJECT REVIEW REPORT July 18, 2022 Monroe County Development Review Committee Subject: Attachment to File IR22004 Town Code Amendment to Chapter 235, Zoning The Monroe County Development Review Committee (DRC) has reviewed the subject application and have the following comments that need to be addressed prior to submission of final plans for approval. Monroe County Department of Health (MCDOH), Contact Brett Gobe (585-753-5459) with questions. 1. This project was not sent to Monroe County Department of Health for review. Applicants should verify with this agency that they do not have jurisdictional requirements for this project. Monroe County Department of Transportation (MCDOT), Contact John Raymond (753-7711) with questions. 1. This project was not sent to Monroe County Department of Transportation for review. Applicants should verify with this agency that they do not have jurisdictional requirements for this project. Monroe County Department of Environmental Services (MCDES), Division of Pure Waters, Contact Richard Bianchi (753- 7614) with questions. 1. This project was not sent to Monroe County Environmental Services for review. Applicants should verify with this agency that they do not have jurisdictional requirements for this project. New York State Department of Transportation (NYSDOT), Contact Zachary Starke (272-3472) with questions. 1. This project was not sent to New York State Department of Transportation for review. Applicants should verify with this agency that they do not have jurisdictional requirements for this project. CityPlace 50 West Main Street •Suite 1150 • Rochester, New York 14614 (585) 753-2000 .fax: (585) 753-2002 • www.monroecountv.gov • e-mail: mcplanning@monroecounly.gov 1280 TITUS AVENUE • ROCHESTER, NEW YORK 146 17 • PHONE: (585) 467 -8840 WWW.IRO NDEQUOIT.ORG DATE: July 18, 2022 TO: Irondequoit Town Board FROM: Irondequoit Planning Board RE: Local Law Adopting Cannabis Time, Place and Manner. Dear Town Board Members, In response to the Town Board’s referral pursuant to Town Code Section 235-99, the Planning Board provides you the following comments on the draft cannabis proposed local law. Board Member One: 1.) I am unsure if the M-Manufacturing district is the correct zoning code to continue using along the Ridge Road Corridor as the designation often hinders what seems to be the desired development pattern in that area. For instance, I believe that restaurants which require more than a nominal amount of seating are required to get a Special Use Permit which delays and creates additional burdens on developers and seems unnecessary. I believe this occurred with the Panera in the new Depot Plaza. Even developments commonly referred to as shopping centers or plazas are not allowed by right in M - Manufacturing according to my understanding of the code I say this only because I wonder if it might be a better long term outcome for the Town to consider rezoning the M-Manufacturing district to C-Business in order to streamline the type of development in this area which I think the Town desires (restaurants, shopping centers and plazas) and reduce barriers to entry for those projects. That said, if that were to occur, it would significantly reduce the size of the M-Manufacturing Zoning District within the town and adversely impact the number of locations which could house a Cannabis Facility. 2.) Even if parcels along the Ridge Road Corridor were to never be rezoned from M-Manufacturing to C-Business it still leaves an incredibly limited area in which Cannabis Facilities would be permissible. This is then further reduced by the 500 ft and 1000ft buffers from Religious and Educational uses. Furthermore, the restriction of 500 ft between Cannabis Facilities even further reduces the permissible locations within the Town to a point at which based on quick calculations there could only be 2 or 3 located in the entire Town. 3.) Town Staff may wish to review how consistent the proposed new law is with other heavily regulated land uses in the Town. For instance, Pawn Shops, and Tobacco and Vapor Product Dealers. Is there reasonable consistency in the regulations? It seems like there may not be strong correlations. 4.) It's my understanding that a Special Use Permit runs with the land once granted. I would highly suggest that the Special Use Permit be tied not to the land but to the individual business or is set to expire after 2-5 years in which the applicant would need to reapply to renew. Not only would this give the Town an opportunity to ensure applicants are staying in compliance with the law but it would help guard against a handful of parcels becoming much more valuable than similar locations do to the limited nature of the locations available. 1280 TITUS AVENUE • ROCHESTER, NEW YORK 146 17 • PHONE: (585) 467 -8840 WWW.IRO NDEQUOIT.ORG 5.) I would suggest that new Cannabis Facilities be subject to Site Plan Review as part of the Special Use Permit Process and that it specifically include language that puts signage under the discretion of the Planning Board as well as the NYS Office of Cannabis Management as indicated in the currently proposed law. 6.) Provisions to disallowing flashing or moving light features might be incorporated under the section on lighting in 4g and provisions which ensure a certain amount of building transparency from the street might be included. 7.) The term "School" in the law should be clarified to explicitly include or exclude colleges and universities or other adult educational facilities such as the Wegman's Center for Workforce Development and the Isabella Graham Hart School of Nursing as well as daycare facilities, preschools etc. Board Member Two: 1. The state will get notification town notify of an applicant’s intent to open a business. The state will notify the town, how will the notify the planning board? 2. Is there a need to allow medical facilities (nursing facility, assisted living, etc.... to be included in the event that they may apply for a license for residents? 3. I am not convinced that these retail sites need to be limited to M zoned districts. They may be compatible with other retail. 4. Again, I believe this can be compatible with other retail as a stand-alone business. We may lose income to the city. I don't mean on-site consumption. 5. The state will notify the town, what is the way the town will notify the board, and will the board be able to comment to the state? 6. Other retail locations may be ok for other retail locations. 7. Distance between retail liquor should also be included. 8. These businesses should have full transparency and may conflict with other parts of code. 9. All exterior lighting must be shut off at the close of business and not re-light until business is open. 10. HOURS. It is unlawful for any Person or association operating a Cannabis Retailing location under the provisions of this Chapter to permit any breach of peace therein or any disturbance of public order or decorum by any tumultuous, riotous, or disorderly conduct, or otherwise, or to permit such retailing operations to remain open, or patrons to remain upon the premises, between the hours of 8 p.m. and 8 a.m. 11. All products shall be placed in a container that with opaque packages. 12. NO ON-SITE CONSUMPTION. No Cannabis Product shall be smoked, ingested, or otherwise consumed on the premises of a permit holder or in the public right-of-way within one hundred feet of a Cannabis Retailer. Cannabis Retailers shall post a sign near their entrances and exits providing notice of this policy. 13. CONDITIONAL USE PERMIT REQUIRED. A conditional use permit is required for Cannabis Retailing of recreational Cannabis or Cannabis Products in [City/County] pursuant to this [Article/Chapter] for each location at which that activity is to occur. Cannabis Retailing without 1280 TITUS AVENUE • ROCHESTER, NEW YORK 146 17 • PHONE: (585) 467 -8840 WWW.IRO NDEQUOIT.ORG a conditional use permit is a nuisance as a matter of law. This is the primary operative section of the ordinance. It requires a conditional use permit (CUP) for each retail location. The CUP application involves a review process, which may include public hearings. These hearings provide the applicant, public officials, and neighbors the opportunity to present evidence regarding whether the CUP application should be granted and, if so, with what conditions. However, because a CUP is granted to the property, the local government may have limited power to prohibit the transfer of businesses on the same parcel of land. Alternatively, a city or county could choose to issue a business license or permit for Cannabis Retailing. As such, a community may choose a regulatory approach that combines elements of a business license and/or a CUP in order to determine the best way to regulate a new type of business activity while providing maximum flexibility to the local government. 14. IF THERE IS NO STATE REQUIREMENT: RESPONSIBLE CANNABIS RETAILING EDUCATION REQUIRED. All employees involved in face-to face sales of Cannabis or Cannabis Products or management of stores or inventory must undergo at least 8 hours of training on legal requirements and best practices for Cannabis Retailing practices using a curriculum and program approved by the town. 15. This is up to the board, but we should allow for production of cannabis in the town. This would be a good chance to increase employment with no real environmental impact. Also, should look at what secure residential growing means. Board Member Three: Comments addressed by other Board members. Board Member Four: Regarding cannabis facilities in the Town of Irondequoit Open questions: 1. Definition of school? K-12? College? Nursing school? 2. With the 500’ rule between dispensaries, what about town/city borders? Are we enforcing the same across the line? Comments: 1. I would encourage a semi-annual permit renewal to ensure we are still meeting the requirements of the proposed local law. 2. Based on the requirement of these facilities to be located only in the “M” zoned districts, and the “blackout” areas and separation requirements due to schools, parks, playgrounds, or places of worship… we have all but eliminated the actual ability for an “M” use property to meet all of the other requirements. I feel there will need to be a strong continuity between the zoning and planning boards on all of these applications. Commercial properties will be asking for a variance in my opinion. The “change of use” clause should be better detailed as all of these applications should spike a full site plan review. Board Member Five: Comments addressed by other Board members. 1280 TITUS AVENUE • ROCHESTER, NEW YORK 146 17 • PHONE: (585) 467 -8840 WWW.IRO NDEQUOIT.ORG Board Member Six: My only concern is that the distance from said religious and educational institutions must facilities located along the border adjacent city and townships. Respectfully submitted, Michelle Nichols Planning & Zoning Coordinator Resolution No. 2022- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE ANNUAL AUDIT OF THE TOWN COURTS 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 16th day of August 2022, at 7:00 P.M. local time; there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member_______________offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit, as a recipient of annual grant funding from the United States government in excess of $750,000, is required to have an annual audit by a Certified Public Accountant (CPA); and WHEREAS, the annual audit performed by the CPA includes an examination of the Town Courts and the production of a separate document summarizing the procedures performed; and WHEREAS, the New York State Office of Court Administration requires a resolution by the Town Board to authorize the examination of the courts; and WHEREAS, by resolution 2018–294 the Town authorized The Bonadio Group to perform services for the annual audit for fiscal year 2021. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Irondequoit affirms that the annual audit performed by The Bonadio Group for fiscal year 2021 includes an examination of the Town Courts and a separate document summarizing the examination of the Town Courts, a copy of which shall be filed with the NY State Office of Court Administration. 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 Freeman voting __________ Town Board Member Perticone voting __________ Town Board Member Romeo voting __________ Town Supervisor Fitzpatrick voting __________ Resolution No. 2022-____________ EXTRACTION OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING AN AGREEMENT WITH STONEBRIDGE BUSINESS PARTNERS FOR AUDITING SERVICES 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 16th day of August 2022 at 7:00 P.M. local time; there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board member______________________offered the following resolution and moved its adoption: WHEREAS, on January 30, 2019, the Town, as lessee, entered into a Lease Agreement (“Lease”) to utilize space located at the former Irondequoit Mall for the purpose of constructing a community center (the “Irondequoit Community Center”); and WHEREAS, the Lease allows the Town to examine or to have an independent Certified Public Accountant examine and audit additional rent charges to the Town; and WHEREAS, it is beneficial to the Town to hire a Certified Public Accountant to audit the additional rent charges for the period of October 25, 2021 through December 31, 2021; and, WHEREAS, a request for proposals was issued on May 27, 2022 and the Town received one proposal and conducted an interview with the respondent; and WHEREAS, the Selection Committee recommends Stonebridge Business Partners to provide these services at an hourly cost of $150 and a total cost of $6,000; and WHEREAS, the term of the Agreement with Stone Bridge shall be for one year, with up to three (3) annual extensions; and WHEREAS, funding for this expense is available in account 001.1623.4120. NOW, THEREFORE BE IT RESOLVED, that the Supervisor is authorized to enter into an agreement with Stonebridge Business Partners, in substantially the form annexed hereto and in such final form as approved by the Attorney for the Town, for professional services related to the review and audit of the additional rent charges for the Irondequoit Community Center at the hourly cost of $150 and at a total cost not to exceed $6,000.00 to be paid from account # 001.1623.4120. 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 Freeman voting __________ Town Board Member Perticone 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 GRANT APPLICATION FROM THE JUSTICE COURT ASSISTANCE 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 16th day of August, 2022, at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _______________offered the following resolution and moved its adoption: WHEREAS, the Irondequoit Town Court is located in the Town of Irondequoit; and WHEREAS, the Irondequoit Town Court intends to request grant funding and/or supplies from the 2022/2023 Justice Court Assistance Program; and WHEREAS, the Justice Court Assistance Program Grants require no cost-share or financial contribution from the Town of Irondequoit; and WHEREAS, the Justice Court Assistance Program application requires a resolution of the Town Board authorizing the application. NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the application to be submitted to the Justice Court Assistance Program by the Irondequoit Town Court for funding and/or supplies for an amount not to exceed $30,000. AND FURTHER BE IT RESOLVED, that any goods or services will be used only in accordance with the rules and regulations governing the Justice Court Assistance Program and that any goods and/or services purchased with JCAP funds will be obtained in accordance with acceptable procurement practices established by the governing municipality and that no funds awarded pursuant to this application shall be used to compensate justices or non-judicial staff or to reduce or otherwise supplant funding provided by the Town of Irondequoit to its Justice Court. 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 _______ Resolution No. 2022-____________ EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION ALLOCATING AMERICAN RESCUE PLAN ACT FUNDING 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 16th day of August, 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 Board wishes to provide wellness opportunities to Town employees, particularly in the wake of the COVID-19 pandemic; and WHEREAS, the Town Board recognizes that many of its employees would appreciate and benefit from these efforts; and WHEREAS, the Town Board wishes to authorize the funding of these wellness opportunities be they in the form of healthy snacks, employee social lunches, and/or employee fitness opportunities; and WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President to provide support to State, local and Tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses; and WHEREAS, the Town of Irondequoit has been allocated approximately $22.45 million as part of the American Rescue Plan Act; and WHEREAS, pursuant to a Final Rule promulgated by the United States Department of Treasury on January 6, 2022, municipalities are allowed to use up to $10 million of their allocations for the purposes of revenue recovery, which can be appropriated toward government activities; and WHEREAS, the Town wishes to allocate such revenue recovery funds toward these employee health and wellness efforts for the remainder of 2022; and WHEREAS, the anticipated cost of these efforts for the remainder of the 2022 budget year is expected not to exceed $2,500, and the allocation of funds in this amount and for this purpose has been approved by the Town’s consultant with respect to ARPA matters, the Bonadio Group. NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Supervisor to develop, through the Town Wellness Committee, health and wellness opportunities and activities and allocates an amount not to exceed $2,500. AND, THEREFORE, BE IT FURTHER RESOLVED, that for the 2022 year, the amount expended toward the Town employee health and wellness opportunities and activities shall not exceed the amount hereby allocated for that purpose from revenue recovery funding made available under the American Rescue Plan Act. AND, THEREFORE, BE IT FURTHER RESOLVED, that expenditures from this allocation of revenue recovery funding must be approved by the Town Board and be made in compliance with Chapter 51 of the Irondequoit Code and General Municipal Law Section 103, as applicable. 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 Freeman voting_________________ Town Board Member Romeo 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 INCREASING SALARY FOR MANAGEMENT ASSISTANT 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 16th day of August 2022, at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ______ offered the following resolution and moved its adoption: WHEREAS, Ryan McLean has been employed by the Town of Irondequoit since June 2021, and the Town Board appointed him as a Management Assistant in the Recreation Department in December 2021; and WHEREAS, due to a recent resignation, there needs to be a restructuring of the Recreation Department; and WHEREAS, the Town wishes to assign Ryan McLean the additional duties of overseeing, managing, and supervising the Irondequoit Recreation Department, and therefore wishes to provide a salary increase to $62,000 per year; and WHEREAS, funding for such salary will be drawn from budget code 001.7140.100.1100.7146. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby increases the salary of Ryan McLean, Management Assistant in the Recreation Department, to $62,000 per year to be paid from budget code 001.7140.100.1100.7146. This resolution shall take effect August 22, 2022. Seconded by the Town Board Member ______________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __ ____ Town Board Member Perticone voting __ ________ Town Board Member Romeo voting _________ Town Board Member Freeman voting __________ Town Supervisor Fitzpatrick voting __________ Resolution No. 2022 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING APPROVAL OF A CONTRACT FOR SOCIAL MEDIA ARCHIVING AND ALLOCATING 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 16 day of August, 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 determined a need to archive its social media content pursuant to the New York Local Government Records Law – Arts and Cultural Affairs Law Article 57-A, that requires certain social media content to be retained; and WHEREAS, the Town issued a Request For Proposals to six companies, receiving back two proposals; and WHEREAS, on July 27, 2022, a Committee was formed to hear presentations from respondent companies PageFreezer and Archive Social; and WHEREAS, the Committee has selected PageFreezer to archive the Town’s social media accounts; and WHEREAS, the cost to the Town for PageFreezer archiving services is $6,864 plus a one time cost of $750 for an initial term of 16 months, for a total of $7,614, with up to three one-year extensions at the annual price of $5,418 each; and WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President to provide support to State, local and Tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses; and WHEREAS, the Town of Irondequoit has been allocated approximately $22.45 million as part of the American Rescue Plan Act; and WHEREAS, pursuant to a Final Rule promulgated by the United States Department of Treasury on January 6, 2022, municipalities are allowed to use up to $10 million of their allocations for the purposes of revenue recovery, which can be appropriated toward government activities; and WHEREAS, the Town wishes to allocate such revenue recovery funds toward its social media archiving efforts, in the amount of $7,614 for the initial term of 16 months, plus an additional $5,418 in the event the Town elects to extend its agreement with PageFreezer for and additional year, for a total allocation of $12,762; and WHEREAS, funding for this service is available in account #_001.7989.4120___. NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the purchase and integration of social media archiving through PageFreezer in the initial amount of $7,614 for the initial term of 16 months, with up to three one-year optional extensions for the price of $5,418 per year. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board allocates American Rescue Plan Act revenue recovery funds toward this purchase in the amount of $7,614 for the initial term of 16 months, plus an additional $5,418 in the event the Town elects to extend its agreement with PageFreezer for an additional year, for a total allocation of $12,762. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board authorizes the Supervisor to execute any and all quotes, contracts, or documents necessary to the foregoing recitals, 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 Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ Town of Irondequoit, NY - Social Media Archiving Prepared For Michael Moss Town of Irondequoit 1280 Titus Avenue Rochester NY 14617 United States Created By Donald Li PageFreezer Software, Inc. (888) 916 3999 donald.li@pagefreezer.com http://www.pagefreezer.com Town of Irondequoit, NY - Social Media Archiving PageFreezer Order Form Aug 2, 2022 Quote: 9072924332 Sales person: Donald Li Email: donald.li@pagefreezer.com Name Price QTY Subtotal PageFreezer Public Records Compliance for Social Media Social Media Archiving for up to 20 social media accounts. Add-on accounts may be obtained at $25/month each. Unlimited Records. Unlimited Storage. Includes continuous account monitoring and archiving at the API (Application Programming Interface) level and replay of archives on PageFreezer.com. Open Record compliant. 1 administrative accounts are included with the PageFreezer account. API access/capture to/from Facebook, Twitter, LinkedIn, Instagram. Includes Single Sign-On (SSO) via SAML 2.0 $429.00 16 $6,864.00 Configuration and Training Personalized assistance for configuration of the website and social media accounts for archiving; Single Sign-On (SSO), creation of user account including access, user names and passwords; initial troubleshooting and quality assurance; administrative configuration for capture engine; test captures; capture optimization; QA cycle - internal; QA cycle - with client; 1:1 training session and access to unlimited weekly free online training. Includes Single Sign-On/SAML one-time setup fee. $750.00 1 $750.00 Helpdesk Standard Weekdays, 9am-5pm PST, excl. holidays, email, phone, web support, online ticket system, knowledge base, user documentation. $0.00 1 $0.00 Town of Irondequoit, NY - Social Media Archiving One-time costs: $ 750.00 Initial 16 month term cost: $ 6,864.00 Terms & Conditions This is a quotation on the goods named, subject to the following conditions: • All prices in USD and excluding sales tax • PageFreezer Subscription Agreement • Term of this agreement is 1 year and 4 months, with up to three one-year extensions. After the initial term, each subsequent term is 12 months. • Payment Schedule: • Payment due is $7,614 (September 1, 2022 - December 31, 2023 & one-time configuration fee) to be invoiced on a Net 30 basis on term start date. • Annual payments upfront thereafter starting January 1, 2024. • Recurring annually until cancellation • Cloud data storage in our SOC 1 & SOC 2 compliant datacenter in Seattle, WA. • Term start date September 1, 2022 • This quote is valid till August 26, 2022 Pagefreezer Subscription Terms and Conditions ACCEPTANCE OF THESE TERMS AND CONDITIONS AND EXECUTION OF AN ORDER FORM REFERENCING THESE TERMS AND CONDITIONS CREATES A CONTRACT (THE “AGREEMENT”) BETWEEN YOU (“END-USER”) AND PAGEFREEZER SOFTWARE INC. (“PAGEFREEZER”) EACH A PARTY AND TOGETHER THE “PARTIES”. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS. These Terms and Conditions were last updated on 14 February 2022 and are effective immediately upon the Effective Date of an Order Form. 1 DEFINITIONS ”Applicable Law and Regulation” means any applicable law, rule, regulation, governmental order or decree or any legal or administrative process or proceeding. “Affiliates” means any corporation, company and/or business entity directly or indirectly controlled by, controlling or under common control with a signatory of this Agreement; “Control” means ownership of more than 50% of the total issued share capital of such entity or being entitled to appoint one or more directors to the board of directors of such entity. “End-User Data” means any and all information, content and electronic data owned or licensed, controlled and/or processed by the End-User that will be archived and stored by Pagefreezer on behalf of the End-User and/or captured and downloaded by the End-User, relevant to the provision of Services. “Effective Date” means the date of the End-User ’s Order Form triggering the commencement of the Subscription Term and the start of Subscription. Town of Irondequoit, NY - Social Media Archiving “Knowledge Base” means the online resources for the use of Services, accessible via https://www.pagefreezer.com/support/, as updated from time to time. The End-User will have access to guidance resources to ensure the most enhanced use of Services and status updates in relation to planned outages, software updates, unforeseen Service breaks and/or incidents relating to the use of Services. “Malicious Code” means internet or computer viruses, trojan horses, worms, salamis, back doors, logic bombs, time bombs, cancelbots, malwares, trapdoors, or any other harmful or malicious software codes, computer instructions, programming routines, or computer routines that may damage, vandalize, subvert, disrupt, disable, detrimentally interfere with, surreptitiously intercept, shut down or expropriate computer systems including its security data, user data or personal information. “Order Form” means the document setting out the subscription purchase by the End-User which will include a description of the Services, their functionality and pricing, any mutually agreed changes to such Services and/or amendments from time to time, the Subscription Terms and Conditions and any acceptable use policies. “Services” means those Services purchased by the End-User which are specifically outlined in the applicable Order Form; more broadly, the Services made available by Pagefreezer being Website, Social Media, enterprise collaboration messaging archiving and End-User support provided by Pagefreezer for the End- User via https://www.pagefreezer.com/support/. “Websites” means world wide websites registered to the End-User and/or its Affiliates and which have been registered by the End-User for use of the Services and for which Subscriptions to a Service have been purchased. “Social Media” means social media and enterprise collaboration network accounts and/or profiles which are registered to the End-User and/or its Affiliates and which have been registered for use of the Services and for which Subscriptions to a Service have been purchased. "Sitemap" means a sitemap.xml listing all links and modification dates in your website, which is published on your website and maintained by the End-User according to the specifications outlined on https://www.sitemaps.org/index.html “Subscription” means the Services outlined in the Order Form are purchased on a Subscription basis for the Subscription Term set out in the Order Form. “Subscription Term” means the period of which the provision of Services are agreed as specified in the Order Form and shall automatically renew unless cancelled by either Party. 2 PURCHASED SERVICES 2.1 Provision of Purchased Services. Pagefreezer shall make the Services available to the End-User pursuant to this Agreement and the relevant Order Form(s) during a Subscription Term. The End-User agrees that its purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Pagefreezer regarding future functionality or features. Town of Irondequoit, NY - Social Media Archiving 2.2 Subscriptions. Unless otherwise specified in the applicable Order Form, (i) Services are purchased as Subscriptions, additional Subscriptions may be added to an existing Subscription Term at any time during such term and shall be prorated; (ii) the added Subscriptions shall renew subject to s10.2 unless otherwise cancelled; and (iii) Subscriptions may be reassigned to a new Website or Social Media account(s) replacing a former Website which no longer requires ongoing use of the Services. 3 USE OF THE SERVICES 3.1 Pagefreezer Services. 3.1.1 Pagefreezer shall provide the Services as specified in the Order Form subject to the following requirements, (i) the End-User will be onboarded and provided information on the use of the Services and End-User support processes in addition to a demonstration of the Knowledge Base for guidance resources and updates on the ongoing Services and (ii) the Pagefreezer Services store and back-up the archived data in a designated Pagefreezer datacenter (which are located in the USA, Canada and the Netherlands). During the period of Subscription Pagefreezer will not override, change or destroy any archived copy except in connection with migrating the archive to another storage device and only after a copy has been placed on such storage device to which the archive is being migrated. 3.1.2 Access to certain portions of the Services requires registering an account with Pagefreezer (each, an “Account”). Following verification of your identity, the End-User shall select a username and password (“Login Information'') for their Account. The End-User is responsible for managing and ensuring the security, condentiality and authorized use of its Account’s Login Information and are prohibited from sharing its Login Information or its Account. Pagefreezer strongly recommends that the End-User keep Login Information confidential, and shall notify Pagefreezer promptly of unauthorized access or use of its Account. In the event Pagefreezer, at its sole discretion, considers the End-User ’s Account to be vulnerable or to have been accessed or used inappropriately it may immediately cancel and terminate access to the Account without notice. 3.2 Litigation Hold. If the End-User wishes to place a litigation hold on some or all of the End-User Data archived by Pagefreezer for Services limited to Social Media this can be done by the End-User directly via the Account, for Services that include Website please send an email to support@pagefreezer.com identifying the pages and dates to be held or provide notice using the web form made available on our website. Within one (1) business day after receipt of a request, we will confirm that we have received your request by sending an email to the relevant email address we have on file. Within two (2) business days after receipt of a request, we will flag those pages and dates so that they are identified as not to be deleted and confirm to you by email that the request has been completed. Within three (3) business days after the receipt of a request, We will export the pages and dates identified by you from the archives stored on our servers (the cost of this Service is price per gigabyte of the data exported). We will export the data in a printable format and/or its native format including the digital signatures and timestamps. We may change the process for implementing a litigation hold and shall update the Knowledge Base from time to time accordingly. Please consult the Knowledge Base for up to date information on these procedures. 3.3 Your Responsibilities. The End-User shall (i) be responsible for making each Website or Social Media available for archiving by Pagefreezer, (ii) be solely responsible for the accuracy, quality, integrity and legality of End-User Data and of the means by which the End-User acquired End-User Data, use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Pagefreezer promptly of any such unauthorized access or use, (iii) ensure that all Website pages or Social Media accessed by our Services are accessible from Internet without restrictions and that Pagefreezer software and Services are granted access to all of your Websites or Social Media, (iv) ensure that its Website contains a valid XML Town of Irondequoit, NY - Social Media Archiving Sitemap, which is updated at least once per day containing an accurate list of all web page URLs in its Website that it requires Pagefreezer to access for the purpose of providing the selected Services, (v) specify your Websites or Social Media to be within the scope of our Services, ensure that your Websites or Social Media and each individual page within the scope of our Services are accessible to our software and Services and resolve any network problems, server overload or availability problems, or any other technical issues that may affect the accessibility and availability of your Websites or Social Media, (vi) arrange for any export of data from the archives stored on our server that you wish to obtain, (vii) use the Services only in accordance with the guidance found at the Knowledge Base and Applicable Law and Regulation, (viii) request an export of End-User Data from our servers after the termination of this Agreement subject to s10.5 (Return of Your Data) and (ix) be responsible for verifying and ensuring that under Applicable Law and Regulation the data generated by our Services are admissible in court proceedings or any other legal proceedings that you may wish to utilize the data. The End-User shall not store anything on its Websites or Social Media registered for Services that Pagefreezer cannot lawfully copy. 3.4 Usage Limitations. Services may be subject to other limitations, such as, for example, limits on disk storage space and on the number of calls permitted to make against our application programming interface. Any such limitations are specified in this Agreement and as can be found in the Knowledge Base guidance resources. The Services provide real-time information to enable the End-User to monitor compliance with such limitations. 3.5 Third Party Services. For Services that Pagefreezer provides that capture data collected from Youtube, the Youtube Terms of Service (YouTube Terms of Service) and the Google Privacy Policy (Privacy & Terms – Google) apply. 4 FEES AND PAYMENT FOR PURCHASED SERVICES 4.1 Fees. The End-User shall pay all fees specified in any and all associated Order Forms except as otherwise specified herein or in any associated Order Form (“Subscription Fees”), (i) Subscription Fees are payable as quoted in the Order Form but for avoidance of doubt where a currency is not specied all Subscription Fees shall be payable in United States Dollars (USD) excluding any applicable taxes (ii) Subscription Fees are based on Services purchased and not actual usage, (iii) payment obligations may not be canceled and Subscription Fees paid are non-refundable, and (iv) the number of Websites or Social Media Subscriptions purchased cannot be decreased during the relevant Subscription Term stated on the Order Form. Subscription Fees are based on monthly periods that begin on the on the Effective Date triggering the start of the Subscription Term and each monthly anniversary thereof; fees for Subscriptions added at any time during a monthly period will be charged for that full monthly period and then for the following monthly periods that remain in the Subscription Term. 4.2 Invoicing and Payment. We will invoice the End-User in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced charges are due 30 days from the date specified on the invoice (“Invoice Date”). The End-User is responsible for providing and maintaining complete and accurate billing and contact information. 4.3 Overdue Charges. Any payment not received by the Invoice Date, after provision of written notice of such payment default and ten (10) business days to cure such default at Pagefeezer ’s discretion will be subject to (a) accrued late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law (whichever is lower) from the date such payment was due until the date of payment Town of Irondequoit, NY - Social Media Archiving and/or (b) a condition on future Subscription renewals and Order Forms on payment terms shorter than those specified in s4.2 (Invoicing and Payment). 4.4 Suspension of Service and Acceleration. If any amount owing by the End-User under this or any other Agreement for Services is 30 or more calendar days overdue, and after provision of written notice of such payment default and allowing ten (10) business days to cure such default Pagefreezer may, without limiting any other rights and remedies, accelerate any unpaid fee obligations under such Agreements so that all such obligations become immediately due and payable, and suspend any and all Services to the End-User until such amounts are paid in full. 4.5 Payment Disputes. Pagefreezer shall not exercise its rights under s4.3 (Overdue Charges) or 4.4 (Suspension of Service and Acceleration) if the applicable charges are under reasonable and good-faith dispute and the End-User is cooperating diligently to resolve the dispute. 4.6 Taxes. Unless otherwise stated, Subscription Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). The End- User is responsible for paying all Taxes associated with all purchases hereunder. If Pagefreezer has the legal obligation to pay or collect Taxes for which the End-User is responsible under this section, the appropriate amount shall be invoiced to and paid by the End-User, unless it provides Pagefreezer with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Pagefreezer is solely responsible for taxes assessable against it and based on its income, property and employees. 5 PROPRIETARY RIGHTS 5.1 Pagefreezer Property. 5.1.1 Subject to the limited rights expressly granted under the Agreement, Pagefreezer retains all rights, title and interest in the Service, including but not limited to copyrights, copyrightable works, patents, patent rights, trademarks, trade names and trade secrets (“Intellectual Property Rights”). The Agreement does not convey any right, title or interest in, or constitute the sale of any right to the Service or any related software used as part of the performance of the Service. 5.1.2 The End-User shall not (i) permit any third party to access the Services except as explicitly permitted by this Agreement, create derivative works based on the Services; (ii) copy, frame or mirror any part or content of the Services, other than copying or framing on its own intranets or otherwise for its own internal business purposes; (iii) reverse engineer the Services; or (iv) access the Services in order to build a competitive product or service, or copy any features, functions or graphics of the Services. 5.2 End-User Property. The End-User retains all right, title and interest in any End-User Data that you upload or share through the Service. The Agreement does not convey any right, title or interest in, or constitute the sale of any right to End-User property, and the End-User represents and warrants that all consents, licenses and rights necessary to license its property are obtained prior to sharing any of its property with Pagefreezer. Pagefreezer shall not use or access End-User property except in connection with the Service and you hereby grant us a limited and revocable license to your property under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, display, modify, record, translate, transmit or otherwise exploit in order to facilitate the provision of Service together with a non-exclusive right to End-User trademarks and logos for use strictly in Pagefreezer marketing and to promote that the End-User is using Pagefreezer Services. The End-User sends and shares its property at its own risk. Town of Irondequoit, NY - Social Media Archiving 5.3 Suggestions. The End-User grants Pagefreezer a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by the End-User relating to the operation of the Services. 6 DATA PROTECTION & ACCEPTABLE USE 6.1 Use of Pagefreezer Services is subject to the Privacy Policy which can be found here https://www.pagefreezer.com/privacy-policy/ 6.2 Use of Pagefreezer Services is subject to the Acceptable Use Policy which can be found here https://www.pagefreezer.com/acceptable-use/ 7 REPRESENTATIONS, WARRANTIES AND DISCLAIMERS 7.1 Pagefreezer Representations. Pagfreezer shall make the Purchased Services available on a daily basis except in the event of planned downtime and any unforeseen software update requirements which will be notified to the End-User via the Knowledge Base. We will provide the Purchased Services only in accordance with Applicable Law and Regulation. 7.2 Pagefreezer Warranties 7.2.1 Pagefreezer represents, warrants and covenant that the Services (and any parts and materials thereof) will (i) be delivered by competent personnel in a professional and workmanlike manner, according to best practice industry standards; (ii) be of good material and workmanship; (iii) be sufficient and fit for purpose; (iv) be performed in compliance with the requirements of Applicable Law and Regulation; (v) do not infringe or misappropriate any United States or foreign patent, trademark, trade secret, copyright or any other proprietary, Intellectual Property, industrial property, or contract right held by any third party; (vi) will comply with all applicable foreign, federal, state or local statutes, laws and regulations governing advertising, data collection, privacy, security and other business practices; (vii) will not otherwise expose either party to criminal or civil liability, and (viii) materially conform with the specifications (if any) set forth in the description of the Services and be consistent with any samples of Services provided. 7.2.2 Pagefreezer represents, warrants, and covenant that: (i) performance under this Agreement shall at all times conform to prevailing professional and ethical standards; (ii) due care and commercially reasonable efforts shall be utilized in the performance of this Agreement; and (iii) we are under no obligation or restriction that would conflict with our provision of Services. For any breach of either such warranty, Your exclusive remedy shall be as provided in s10.3 (Termination for Cause) and s10.4 (Refund or Payment upon Termination) below. 7.3 End-User Representations. The End-User represents and warrants that: (a) all necessary information is provided to us during your use of Purchased Services; (b) it has authority to provide such information to us; and (c) it has authorization to make payments using the payment details provided. The End-User agrees to provide us with documents to verify identity and personal or business details upon request. Any information that we collect from you is subject to the Pagefreezer Privacy Policy. Town of Irondequoit, NY - Social Media Archiving 7.4 End-User Warranties. 7.4.1 The End-User warrants that it owns the Website and Social Media registered for Services. By registering for Services, you warrant that you have the right to, and hereby grant, Pagefreezer permission to access your Websites or Social Media with Services, including, but not limited to, archiving your Website, sub-sites, Website pages and/or Social Media. 7.4.2 The End-User shall not (i) permit any third party to access the Services except as permitted in the Agreement, (ii) create derivative works based on the Services, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on End-User intranets or otherwise for the End-User ’s internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to build a competitive product or service or to copy any features, functions or graphics of the Services. 7.5 Mutual Warranties. Each Party represents and warrants that (i) it has the legal power to enter into this Agreement, and (ii) will not intentionally transmit to the other party any Malicious Code. Each party will utilize reasonable efforts to detect and remove Malicious Code from any materials subject to this Agreement by using virus scanning or other similar tools and techniques. 7.6 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. 8 MUTUAL INDEMNIFICATION 8.1 Indemnification by Pagefreezer. Pagefreezer shall defend the End-User against any claim, demand, suit, or proceeding (“Claim”) made or brought against them by any third party alleging that the use of the Services as permitted by the Agreement infringe or misappropriate the intellectual property rights of such third party, and shall indemnify the End-User for any damages finally awarded against, and for reasonable attorney’s fees incurred by it in connection with any such Claim; provided, that the End-User (a) promptly provide Pagefreezer with written notice of the Claim; (b) give Pagefreezer sole control of the defense and settlement of the Claim (provided that we may not settle any Claim unless the settlement unconditionally releases you of all liability); and (c) provide Pagefreezer all necessary and reasonable assistance, at Pagefreezer ’s expense. 8.2 Indemnification by the End-User. The End-User shall defend Pagefreezer against any Claim made or brought against them by a third party alleging that End-User Data, or the End-User ’s use of the Services in violation of this Agreement, infringe or misappropriate the intellectual property rights of such third party or violate Applicable Law and Regulation, and shall indemnify Pagefreezer for any damages finally awarded against, and for reasonable attorney’s fees incurred by them in connection with any such Claim; provided, that Pagefreezer (a) promptly provide written notice of the Claim; (b) give sole control of the defense and settlement of the Claim (provided that you may not settle any Claim unless the settlement unconditionally releases Pagefreezer of all liability); and (c) provide the End-User with all necessary and reasonable assistance, at the End-User ’s expense. Town of Irondequoit, NY - Social Media Archiving 9 LIMITATION OF LIABILITY 9.1 Disclaimer. THE SERVICE IS PROVIDED TO THE END-USER “AS IS” AND PAGEFREEZER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”), DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR COMPLIANCE WITH LAWS WITHIN THE END-USER’S JURISDICTION. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT USE OF THE SERVICE WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK LAW OR OTHER RIGHTS HELD BY A THIRD PARTY. FURTHER AND WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE, SERVICES PERFORMED AND PRODUCTS PROVIDED BY THE COMPANY PARTIES OR OTHER THIRD PARTIES, WILL COMPLY WITH APPLICABLE LAWS WITHIN THE END-USER JURISDICTION, MEET END-USER REQUIREMENTS, NOT CAUSE DAMAGE TO THE END-USER, IT’S PROPERTY OR PROPERTY OF OTHERS, OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE OR RESULT IN LOST DATA. THE COMPANY PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING: (A) SATISFACTION WITH THE SERVICES; (B) THAT THE SERVICES WILL ALWAYS BE AVAILABLE AND ERROR FREE; OR (C) THAT THE COMPANY WILL PROMPTLY RESPOND TO ANY INQUIRIES OR SUBMISSIONS. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY THE COMPANY PARTIES WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY EXCLUSIVELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE. 9.2 Limitation of Liability. THE COMPANY PARTIES SHALL NOT BE LIABLE TO THE END-USER FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION T O THE SERVICE OR THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES. TO THE EXTENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT APPLICABLE IN YOUR JURISDICTION, ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY PARTIES MUST BE COMMENCED NO LATER THAN SIX (6) MONTHS AFTER THE DAY ON WHICH THE CLAIM IS DISCOVERED OR OUGHT TO HAVE BEEN DISCOVERED BY THE END-USER. 9.3 Maximum Aggregate Liability. THE MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT OR THE USER TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY END-USER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT END-USER’S PAYMENT OBLIGATIONS UNDER s4 OF THESE TERMS AND CONDITIONS. 9.4 Additional Limits on Our Liability. We are not responsible for: the End-User ’s (i) Website or any Website pages or Social Media data being excluded from the Services due to the access limits placed on Website, sub-site, page, Social Media and/or End-User Data, (ii) any missing webpages or data in the Website archive if your Sitemap is not available or not updated with an accurate list of your Website URLs at least once per day, (iii) Website, any sub-site, page, Social Media and/or End-User Data excluded from the Services due to not being specified by the End-User as being in scope of Services, (iv) Website, any sub-site, page, Social Media and/or End-User Data excluded from the Services due to Internet and/or network Town of Irondequoit, NY - Social Media Archiving problems, a server overload, availability, and/or accessibility problems, or due to any other technical problems that may affect availability and/or accessibility of the End-User Website, any sub-site, page, Social Media and/or End-User Data, (v) any negative effect on the End-User by the Pagefreezer Website being offline from time to time for maintenance, (vi) loss of End-User Data after the termination of this Agreement where the End-User has failed to request an export of End-User Data from Pagefreezer systems within the data hold period specified in s10.5 (Return of Your Data), (vii) refusal for any court, law enforcement agency, or dispute resolution venue to accept or recognize for any purpose the data generated by the Services and (viii) limitations to collect certain data sets or messages from Social Media accounts due to limitations that Social Media providers put on their Social Media APIs to access such data sets or messages, or rate limitations imposed by Social Media vendors on their APIs. 9.5 End-User Waiver. The End-User hereby waives and shall not assert any claim, suit, demand, proceed or allegation of any nature whatsoever against the Company Parties (or any of their respective officers, directors, managers, employees or contractors) arising out of or in connection to the use of the Service and the Company Parties are not liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind. Without limiting the foregoing, the Company Parties are not responsible for any damages caused by or resulting from your reliance on the Service, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access systems. 10 TERM AND TERMINATION 10.1 Term of Agreement. This Agreement commences on the Effective Date of the Order Form and continues for the duration of the Subscription Term and any subsequent Renewal Term(s). 10.2 Renewal & Cancellation of Subscriptions. (i) The Subscription Term shall automatically renew for additional periods equal to the expiring Subscription Term or one (1) year whichever is shorter (“Renewal Term”), unless either party gives the other written notice of cancellation at least 30 calendar days before the end of the applicable Subscription Term; (ii) The per-unit pricing during any such Renewal Term shall be the same as that during the Subscription Term unless Pagefreezer have provided written notice of price amendments at least 30 days before the end of the Subscription Term, in which case any amendments to the pricing shall be effective at start of the Renewal Term and shall continue thereafter; and (iii) Any increase to pricing shall not exceed 10% over the pricing agreed for the Subscription Term except where the pricing was designated in the applicable Order Form as promotional or one-time. 10.3 Termination for Cause. Either Party may terminate this Agreement (i) upon 30 days written notice of a material breach if such breach remains uncured at the expiration of such period; or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. 10.4 Refund or Payment upon Termination. (i) Upon cancellation of Services in the event of termination for convenience subject to 10.2(i) Pagefreezer shall not refund the End-User any prepaid fees covering the remainder of the Subscription Term or any current Renewal Term owing from the date of cancellation to the end of any such Subscription or Renewal Term (“Cancellation Date”); (ii) Upon Termination For Cause by Pagefreezer the End-User shall pay any unpaid fees covering the remainder of the Subscription Term or any relevant Renewal Term immediately from the date of notice of termination to the expected expiration date of Town of Irondequoit, NY - Social Media Archiving any such Subscription or Renewal Term (“Termination Date”); (iii) In no event shall any cancellation or termination relieve the End-User of the obligation to pay any fees payable to Pagefreezer for the period prior to the Cancellation Date or Termination Date whichever should apply. 10.5 Return of Your Data. (i) Any request for return of End-User Data must be made no later than 30 calendar days after the Termination or Cancellation Date and shall be subject to applicable fees (“Data Export Fees”); (ii) Pagefreezer will make available to the End-User a downloadable file End-User Data in the native file formats along with attachments in their native formats; (iii) Return of Data shall be subject to Data Export Fees at the following rate: $500.00 (five hundred United States Dollars) for the first 200GB (200 GigaBytes) and then $50.00 (fifty United States Dollars) for every 10GB (10 GigaBytes) thereafter; (iv) If a request for return of data is not made within the 30 day period post either the Termination or Cancellation Date, Pagefreezer shall have no obligation to maintain or provide any End-User Data and may at our own discretion and when permitted by Applicable Law and Regulation, delete all End-User Data without notice or confirmation; (v) Should the End-User elect to purge all End-User Data and require confirmation or destruction on or before a specific date, Pagefreezer shall destroy the Data and provide the End-User with a Certificate of Destruction for a one-time fee of $300.00 (three hundred United States Dollars). 10.6 Surviving Provisions. s4 (Fees and Payment for Purchased Services), s5 (Proprietary Rights), s7 (Representations, Warranties and Disclaimer), s8 (Mutual Indemnification), s9 (Limitation of Liability), s10.4 (Refund or Payment upon Termination), s10.5 (Return of Your Data) 11 (Notices), s12 (Governing Law and Jurisdiction) and s13 (General) shall survive any termination or expiration of this Agreement. 11 NOTICES All notices shall be in writing and shall be deemed to have been served and effective upon: (i) personal delivery; (ii) the second business day after mailing if by post; (iii) the second business day after sending by confirmed facsimile; (iv) the first business day after sending by email, provided email shall not be sufficient for notices subject to s 11.3 or any notice of Claim subject to s9 of these Terms and Conditions; (v) notices to the End-User shall be addressed to the system administrator designated by them for their relevant Account, and in the case of billing-related notices, to the relevant billing contact designated by the End-User. 12 GOVERNING LAW AND JURISDICTION 12.1 General. This Agreement and the relationship between the Parties shall be governed by the laws of the State of the End-User ’s jurisdiction, excluding its conflicts of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within the State of the End-User ’s jurisdiction, to resolve any dispute or claim arising from this Agreement. 12.2 Waiver of Jury Trial. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. 13 GENERAL PROVISIONS 13.1 Export Compliance. Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing, each party represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports. Town of Irondequoit, NY - Social Media Archiving 13.2 Relationship of the Parties. This Agreement will not be construed as creating a partnership, joint venture, or agency relationship or as granting a franchise. The Parties are performing their obligations under these Terms and Conditions as independent contractors. At no time will either Party have any right, power or authority to create any obligation or responsibility on behalf of the other Party. 13.3 No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. 13.4 Waiver and Cumulative Remedies . No failure or delay by either Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated in these Terms and Conditions, the remedies provided under the Agreement are in addition to, and not exclusive of, any other remedies a Party may be entitled to seek at law or in equity. 13.5 Severability and Waiver . If any provision of the Agreement or Privacy Policy is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law with remaining provisions of the Agreement in full force and effect. No failure or delay by a party in exercising any right, power or remedy under the Agreement constitutes a waiver. 13.6 Assignment. Neither party may assign this Agreement or the rights granted hereunder without the prior written consent of the other, except that a party may assign this Agreement to any successor to the business of the party by merger, consolidation, or sale of assets or to any corporation controlling, controlled by, or under common control of the Party and provide Pagefreezer with reasonable notice of any such assignment. 13.7 Entire Agreement; Modification. (i) This Agreement shall constitute an Entire Agreement between the Parties and supersedes all prior agreements and/or representations between the Parties relating to the provision of Services. Both Parties acknowledge that they have had the opportunity to have this Agreement reviewed by competent counsel; (ii) Any change, modification or amendment to this Agreement must be in writing and signed by both parties in order to be effective. No terms, provisions, or conditions of any other document will have any effect on the obligations of the parties under or otherwise modify this Agreement; (iii) To the extent, if any, the Terms and Conditions conflict with any Order Form or any other of Pagefreezer document, the terms contained herein shall be controlling and any additional terms presented in any other documents shall be null and void; and (iv) To the extent, if any, these Terms and conditions conflict with any language contained in any exhibit of any other incorporated document, these Terms and Conditions shall prevail. 13.8 Changes or Updates To Terms and Conditions. Pagefreezer reserves the right to modify these Terms and Conditions at any time (each, an “Update”) and shall inform you of each Update. After informing you of an Update, you are deemed to accept any Update by continuing to use the Service unless you cancel the Service. Unless otherwise stated, an Update is automatically effective 30 calendar days from the date of notification of such Update. 13.9 Force Majeure. No delay or default in performance of any obligation by either Party shall constitute a breach of this Agreement to the extent such default or delay is caused, directly or indirectly, by an event beyond the reasonable control of the party unable to perform, including fire, flood, earthquake, elements of nature, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, failure of the Internet or strikes, lockouts or labor difficulties (“Force Majeure Event”). The party affected by an event of Force Majeure Event, upon giving prompt notice to the other party, shall be excused from performance hereunder on a day to Town of Irondequoit, NY - Social Media Archiving day basis to the extent of such prevention, restriction, or interference (and the other party shall likewise be excused from performance of its obligations on a day to day basis to the extent that such obligations relate to the performance so prevented, restricted, or interfered with); provided that the party so affected shall use commercially reasonable efforts to avoid or remove such cause of non-performance and to minimize the consequences thereof and both parties shall resume performance hereunder forthwith upon removal of such cause. However, if the period of nonperformance exceeds ten (10) business days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been affected may, by giving written notice, terminate this Agreement without cause and may be subject to refunds for prepaid, unused Services. In WITNESS WHEREOF, I have signed this agreement effective as of the day and year upon completion of signing. _______________________ By: _______________________ Name: _______________________ Date:_____________________ Title: _______________________ Pagefreezer Software, Inc. By: _______________________ Name: Peter Callaghan Date: _____________________ Title: Chief Revenue Officer Resolution No. 2022-____________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING ATTENDANCE AT THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE 2022 TRAINING CONFERENCE 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 August 16th, 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 Chief Alan Laird attend the International Association of Chiefs of Police 2022 Training Conference in Dallas, Texas from October 14th, 2022, through October 19th, 2022: and WHEREAS, funding for this conference is available in the 2022 Police Department budget, Account 001- 3120-4100. The approximate cost of the conference and related travel expenses will be $3,000.00. NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes Chief Alan Laird to attend the International Association of Chiefs of Police 2022 Training Conference in Dallas, Texas from October 14th through October 19th, 2022. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting_________________ Town Board Member Perticone voting_________________ Town Board Member Romeo voting_________________ Town Board Member Freeman voting_________________ Town Supervisor Fitzpatrick voting_________________ 2022 4iiecome a Sponsor of IACP 2022 Your logo could be here )0 SPONSORS Registration and General Event Information The IACP 2022 Annual Conference and Exhibition will take at the Kay Bailey Hutchison Convention Center (KBHCC) October 15-18, 2022. IACP 2022 is a professional law enforcement event, open to IACP members, qualified non- members, and Exposition exhibitors. Only IACP members can take advantage of the member registration rate. All IACP memberships are individual and non -transferable for conference registration member rates. Qualified non-members include sworn officers, first responders, public safety personnel, civilians, and members of the armed forces. Civilian employees of public safety and government agencies includes offices of police, sheriffs, EMS, fire hazard, hazmat; park rangers from federal, state, city, county, campus, and tribal agencies; and the armed forces. A valid form of identification will be required. The IACP reserves the right to refuse ineligible registrations. Rules for Participating Photo, Image, and Recording Disclaimer IACP 2022 Registration Rates Categ IACP Member - Full Conference First Time IACP Member - Fuli Conference Advanced Rego st:ratk n On or Before August 31, 2022 On and e►r September 1, 2022 $425 $500 $370 $445 Virtual Registration: $199 Members Only Non-member - Full Conference $600 $725 Family Member $150 6-18 $45 5 and under Free Expo Hall Only Free One -day Pass Not Available Two-day Pass Not Available Annual Banquet Ticket $100 *See Terms Return to top Refund Policy $160 $235 • All cancellations must be made in writing and mailed, faxed (703-836-4543), or e -mailed (Attendee Cancellation or Exhibitor Cancellation) to the IACP headquarters. • A penalty will apply. No telephone cancellations will be accepted. It will take a minimum of six weeks to receive a refund, • A 25% penalty will be assessed on all cancellations postmarked or fax/e-mail dated on or before September 21, 2022. • A 50% penalty will be assessed on cancellations postmarked or fax/ e-mail dated September 22 to October 7, 2022. • No refunds will be issued on or after October 8, 2022 for the in -person event. • No refunds will be given for no-shows. • Registration or Annual Banquet tickets may be transferred to another person in your organization by written request to IACP prior to September 21, 2022. After this date all changes must be made at the conference. Additional charges may apply. There are no refunds for annual banquet tickets after August 31. Virtual Registration IACP 2022 will have a limited virtual registration open to IACP members only. This registration will allow members not able to travel to the conference to participate in IACP business sessions. The virtual component will include live streams of the General Assemblies with live interpretation into four languages (Arabic, French, Portuguese, and Spanish). Qualified members will be able to take part in official IACP elections. Additionally, all registrants will have access to approximately 50 recorded educational sessions post - conference. Rules for Participation The following guidelines make up the IACP Meeting and Event Safety Protocols, which represent state and local mandated protocols in place during the event. Any updates will be posted and shared with registered attendees, exhibitors, sponsors, & vendors prior to the event. • Must agree to and follow the IACP Meeting and Event Safety Protocols. • Full conference registration fee includes access to all general assemblies, workshops, receptions, Exposition Hall, and Chiefs Night. • The First Time IACP Member discounted rate must be taken at the time of the initial registration. Refunds cannot be given for incorrect registration submissions. • Only IACP members can take advantage of the member registration rate. All IACP memberships are individual and non -transferable for conference registrations member rates. • Family refers to a spouse or family member, not a business associate or fellow law enforcement colleague. Only the family member's name, city and state will appear on his or her badge. Family members do not receive certificates for workshops • 1 -Day and 2 -Day Pass registration will begin online on September 1, 2022. Each person may register for only ONE 1 -Day or 2 -Day Pass. Return to top Photo, Image, and Recording Disclaimer Registration and attendance at IACP events constitutes an agreement by the registrant to the IACP's use and distribution (both now and in the future) of the registrant or attendee's image or voice in photos, images, video, and/or audio recordings of such events without compensation or approval rights. All photos, images, and recordings are the property of the IACP. Return to top Last Updated May 5, 2022. INTERNA 1 IONAL ASSOCIATION OF CHIEFS OF POLICE .)hvinci the futu,'°e oft epolicing profession i 1\CP..Ail 44 Ca€vIl Center Pl ea, Suite 200, ,A •xai dria, VA, 2231,i USA ph€orre:70.3 f y6.6767 or f.800.THEJAC:::P fax: .703,836,4543 A www,theiac.p.orq. As you browse the IACP'S Annual Conference & Expo website, advert i`:iilg cook ies will t:1r placed on your computer so we can better CJi` derstaild what you ilro in terestecl in. Our display advertising partner then enables us to present you with � _i iti advertising sites based s.� . r previous t.•: retargeting CSC: Vt�rti..�irlt� on other .�ItC_.�.� ,.)c�..,t_Ci on LOi..(. i.)i (1VIC,.'1t.1_, interaction with lACP''s Annual Conference & Expo webs!te, The techniques our partners employ do not collect personal inforrn t!on such as your name, email aci r"F.; ,`i, postal ad- dress or telephone number. You can visit this page to opt out of their partners targeted advertising. Privacy Policy Website Design and Development by Matrix Group International Resolution No. 2022- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING ATTENDANCE TO HANDLING THE CHALLENGES OF ANIMAL CONTROL TRAINING AND SEMINAR 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 16th day of August 2022, at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, it is requested that Animal Control Officer Scott Donahue attend the Handling the Challenges of Animal Control Training and Seminar at Lollypop Farm in Fairport, New York, beginning September 13th, 2022 and ending September 14th, 2022. WHEREAS, funding for this conference is available in the 2022 Animal Control budget, Account 001- 3510-4100, and cost will be $100.00. NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes Animal Control Officer Scott Donahue to attend the Handling the Challenges of Animal Control Training and Seminar at Lollypop Farm in Fairport, New York, beginning September 13th, 2022 and ending September 14th, 2022, for the total cost of $100.00. 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_____________ Resolution No. 2022- EXTRACTION OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GIFT OF AUDIO SERVICES 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 August 16, 2022 at 7:00 p.m.; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board member _______ offered the following resolution and moved its adoption: WHEREAS, the Irondequoit Police Department holds a remembrance ceremony every year on September 11th to honor police, firefighters, EMS and civilians who lost their lives on September 11, 2001; and WHEREAS, the Town of Irondequoit ICAT/IT Department normally provides audio- visual assistance for the ceremony; and WHEREAS, this year, Frequency Sound and Lighting, who is normally contracted for July 4th services by the Town, has generously offered to donate their time and equipment for the ceremony; and WHEREAS, there is no cost to the Town of Irondequoit for service; and WHEREAS, Frequency Sound and Lighting values this donation at $100; 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 audio services from Frequency Sound and Lighting with a donation value of approximately $100. 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 AWARDING BID FOR MCAVOY PARK ARTIFICIAL TURF REPLACEMENT 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 16th day of August, 2022 at 7:00 P.M. local time; there were: August 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 artificial turf at McAvoy Park; 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 July 5, 2022, as well as publishing the Invitation to Bid on the Town website in compliance with General Municipal Law § 103, Town Law § 103, and Chapter 51 of the Irondequoit Town Code, requesting bids for artificial Turf Replacement at McAvoy Park (Town Bid No. 2022-04), in order to ascertain the best value to the Town; and WHEREAS, sealed bids were received and publicly opened and read on July 28, 2022; and WHEREAS, the lowest responsible bidder was A Turf in the amount of $988,000; and WHEREAS, funding for this expense will be available in account #299.7110.2012.0005; 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 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 the replacement of artificial turf at McAvoy Park to A turf in the amount of $988,000. 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 AWARDING BID FOR MCAVOY PARK LIGHTING RETROFIT AND REPLACEMENT 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 16th day of August, 2022 at 7:00 P.M. local time; there were: August 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 retrofit and replace lighting at McAvoy Park; 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 July 5, 2022, as well as publishing the Invitation to Bid on the Town website in compliance with General Municipal Law § 103, Town Law § 122, and Chapter 51 of the Irondequoit Town Code, requesting bids for Lighting Retrofit and Replacement at McAvoy Park (Town Bid No. 2022-05), in order to ascertain the best value to the Town; and WHEREAS, sealed bids were received and publicly opened and read on July 28, 2022; and WHEREAS, the lowest responsible bidder was A Blackmon-Farrell Electric, Inc. in the amount of $393,000; and WHEREAS, funding for this expense will be available in account #299.7110.2012.0005; 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 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 the Lighting Retrofit and Replacement at McAvoy Park to Blackmon-Farrell Inc. in the amount of $393,000. 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 AWARDING BID FOR 4 TON ASPHALT HOTBOX TRAILER 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 16th day of August, 2022 at 7:00 P.M. local time; there were: August 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 purchase a 4 Ton Asphalt Hotbox Trailer to be used by the Department of Public Works. The ability to own this equipment allows the department to make improved repairs to roads; 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 July 27, 2022, as well as publishing the Invitation to Bid on the Town website in compliance with General Municipal Law § 103, Town Law § 122, and Chapter 51 of the Irondequoit Town Code, requesting bids for a 4 Ton Asphalt Hotbox Trailer (Town Bid No. 2022-07), in order to ascertain the best value to the Town; and WHEREAS, sealed bids were received and publicly opened and read on August 4, 2022; and WHEREAS, the lowest responsible bidder was J&J Equipment LLC in the amount of $40,035.75; and WHEREAS, funding for this expense will be available in account #342.5130.2125; and NOW THEREFORE BE IT RESOLVED, that the Town Board awards the bid for the 4Tonw Asphalt Hotbox Trailer to J & J Equipment in the amount of $40,035.75. 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 REGARDING FIRST AMENDMENT TO THE LEASE WITH SPRINT FOR CELL TOWER USE 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 16th day of August, 2022 at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member______________________offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit first entered into a lease agreement with Sprint on December 1, 1996 regarding the use of Town property by Sprint for cell tower location; and WHEREAS, the Town of Irondequoit desires to make the First Amendment to the Lease with Sprint Spectrum Realty Company, LLC, (“First Amendment”); and WHEREAS, at the expiration of the Lease, the term of the Lease will automatically be renewed for five (5) additional and successive five (5) year terms. The Town may opt out of any renewal upon notice to Sprint made at least 30 days prior to the expiration of the then-current lease term; and WHEREAS, the annual rental fee is $10,938.09, with a 3% increase for each renewal term per the attached agreement and WHEREAS, the Town Board determined that the lease amendment is a Type II action pursuant to 6 NYCRR § 617.5(c)(21) (minor temporary uses of land having negligible or no permanent impact on the environment) and § 617.5(c)(32) (license, lease and permit renewals, or transfers of ownership thereof, where there will be no material change in permit conditions or the scope of permitted activities), 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 approves the First Amendment to the Lease with Sprint Spectrum Realty Company, LLC. AND, BE IT FURTHER RESOLVED THAT, the Town Board authorizes the Town Supervisor to execute any and all documents related to this First Amendment to the Lease 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 _______ 10333425_1 FIRST AMENDMENT TO THE LEASE This First Amendment to the Lease (the “First Amendment”) is effective as of the last signature below (the “Effective Date”), by and between The Town of Irondequoit, a municipal corporation (“Landlord”), and Sprint Spectrum Realty Company, LLC (formerly a limited partnership), a Delaware limited liability company, successor in interest to Sprint Spectrum L.P. (“Tenant”) (each a “Party”, or collectively, the “Parties”). Landlord and Tenant entered into that certain the Lease dated December 1, 1996, (the “Lease”) regarding the leased premises (“Premises”) located at 1280 Titus Avenue, Town of Irondequoit, New York (the “Property”). For good and valuable consideration, Landlord and Tenant agree as follows: 1. The Lease is in full force and effect and neither Landlord nor Tenant is in breach under the terms of the Lease. 2. At the expiration of the Lease, the term of the Lease will automatically be extended for five (5) additional and successive five (5) year terms, each included as Renewal Term provided that Tenant may elect not to renew by providing Landlord at least thirty (30) days' notice prior to the expiration of the then current Renewal Term. Tenant covenants and agrees to pay to Landlord by way of annual rental for the Premises the sum of ten thousand nine hundred thirty eight and 09/100 Dollars ($10,938.09) payable in equal monthly installments in advance in the amount of nine hundred eleven and 50/100 Dollars ($911.50) on the first day of each month during the term of this Lease. 3. Commencing with the first year of the first subsequent Renewal Term and each subsequent year of such first subsequent Renewal Term and each subsequent Renewal Term, the Rent shall be increased by three percent (3%) over the Rent for the preceding lease year. 4. All notices, requests, demands and other communications shall be in writing and shall be deemed to have been delivered upon receipt or refusal to accept delivery, and are effective only when deposited into the U.S. certified mail, return receipt requested, or when sent via a nationally recognized courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other Party. If to Tenant: If to Landlord: Sprint Property Services Town of Irondequoit Sprint Site ID: BU04XC020 1280 Titus Avenue 10333425_1 Mailstop KSOPHD0101-Z2650 Rochester, New York 14614 6220 Sprint Parkway Overland Park, Kansas 66251-2650 With a copy to: Sprint Law Department Sprint Site ID: BU04XC020 Attn.: Real Estate Attorney Mailstop KSOPHD0101-Z2020 6220 Sprint Parkway Overland Park, Kansas 66251-2020 5. Except as expressly set forth in this First Amendment, the Lease otherwise is unmodified. To the extent any provision contained in this First Amendment conflicts with the terms of the Lease, the terms and provisions of this First Amendment shall control. Each reference in the Lease to itself shall be deemed also to refer to this First Amendment. 6. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic, scanned, or facsimile copies of this this First Amendment will legally bind the Parties to the same extent as originals. 7. Each of the Parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this First Amendment. Landlord represents and warrants to Tenant that the consent or approval of a third party has either been obtained or is not required with respect to the execution of First Amendment. If Landlord is represented by any property manager, broker or any other leasing agent (“Agent”), then (a) Landlord is solely is responsible for all commission, fees or other payment to Agent and (b) Landlord shall not impose any fees on Tenant to compensate or reimburse Landlord for the use of Agent, including any such commissions, fees or other payments arising from negotiating or entering into this First Amendment or any future amendment. 8. This First Amendment will be binding on and inure to the benefit of the Parties herein, their heirs, executors, administrators, successors-in-interest and assigns. IN WITNESS, the Parties execute this First Amendment as of the Effective Date. Landlord: Town of Irondequoit, a municipal corporation Tenant: Sprint Spectrum Realty Company, LLC, a Delaware limited liability company 10333425_1 By: Print Name: Title: Date: By: Print Name: __________________________ Title: ________________________________ Date: Resolution No. 2022-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ACCEPTING AWARD OF ADDITIONAL FUNDS FROM MONROE COUNTY DEPARTMENT OF HUMAN SERVICES OFFICE FOR THE AGING. AND AUTHORIZING THE USE OF REVENUE RECOVERY FUNDING FOR THE EXCESS COSTS OF A VAN FOR SENIOR RESIDENTS 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 16th day of August 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 Senior Center offers the Senior Lunch 60 Program (the “Program”), which provides nutritious meals and socialization opportunities for seniors; and WHEREAS, there is a need to help provide transportation to assist Seniors with attending the Senior Lunch Club 60 program at the Irondequoit Community Center and other programs and events; and WHEREAS, Monroe County Department of Human Services Office for the Aging awarded the Town an additional $65,000 to be used towards purchasing a 12-15 passenger van to provide transportation services for the Town’s senior population to the nutrition program and special events (the “Van”); and WHEREAS, the cost of the Van will likely exceed the amount of the grant from the Monroe County Department of Human Services Office for the Aging; and WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President to provide support to State, local and Tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses; and WHEREAS, the Town of Irondequoit has been allocated approximately $22.45 million as part of the American Rescue Plan Act; and WHEREAS, pursuant to a Final Rule promulgated by the United States Department of Treasury on January 6, 2022, municipalities are allowed to use up to $10 million of their allocations for the purposes of revenue recovery, which can be appropriated toward government activities; and WHEREAS, the Town wishes to use such revenue recovery funds to pay for any excess cost of the Van up to $50,000, and such use has been approved by the Town’s consultant with respect to ARPA matters, the Bonadio Group. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit formally accepts the award of $65,000 in additional funds from Monroe County Department of Human Services Office for the Aging. AND BE IT FURTHER RESOLVED, that in the event that the cost of the Van exceeds $65,000, the Town Board authorizes the use of revenue recovery funds under ARPA in an amount up to $50,000 to cover the additional cost of the Van. 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 Romeo voting __________ Town Board Member Freeman voting __________ Town Board Member Perticone voting __________ Town Supervisor Fitzpatrick voting __________ Department of Human Services Office for the A i�ng Monroe County, New York Adam Bello County Executive July 5th, 2022 Hon. Rory Fitzpatrick Town Supervisor Town of Irondequoit 1280 Titus Avenue Rochester, NY 14616 Dear Hon. Rory Fitzpatrick, Thalia Wright Commissioner Steve Newcomb Director The Monroe County Department of Human Services Office for the Aging is pleased to award your agency additional funds for July 1, 2022 to December 31, 2022 from supplemental IIIB funding for your program transportation based on our discussion of purchasing a 12-15 passenger van to be used primarily to provide transportation services for the town's senior population. Services to include senior's transportation to and from the town nutrition /senior program and senior transportation to special events. Please note that all ancillary costs associated with the purchase of the van, such as registration, fuel, maintenance, insurance, driver, etc. will become the responsibility of the municipality. IIIB: Required Match 10% $ 65,000 $7,233 Funding Period: July 1, 2022 - December 31, 2022 These funds are a one-time allocation. Our office does not anticipate any additional increases in Federal, State or County funds. Purchased equipment must comply with the Town's purchasing policy as well as require a completed inventory form for our office. For questions regarding program budgets, please contact: • Diana Dugan: (585) 753-6450 diana.dugan@dfa.qate.nv.us For questions regarding the completion of the program modification, please contact: • Tracy Collins: (585)-753-5566 tracycoliins@monroecounty.gov Please send your completed paperwork in an email message to Tracy within two weeks of receiving this letter. Thank you for your continued support to our community's older adults. Sincerely, Steve Newcomb Director Monroe County Office for the Aging cc: Jenna Sergeant, Amanda Miller, Diana Marsh, ContrackHQ 435 E. Henrietta Road • 3' Floor • Rochester, New York 14620 (585) 753-6280 —fax (585) 753-6281 - ni' iw monroecounty.gov Resolution No. 2022-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ACCEPTING GIFTS FOR IRONDEQUOIT’S JULY 4th CELEBRATION 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 20th day of August 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 held its annual July 4th Celebration on July 3rd and 4th, 2022; and WHEREAS, the celebration festivities include a parade, musical entertainment, ice cream eating contest, and fireworks; and WHEREAS, thousands of people attend the July 4th Celebration festivities; and WHEREAS, Accu-Pave, BIG Landscaping, Bruster’s Ice Cream, Chick-Fil-A, Excellus Blue Cross and Blue Shield, Harris Funeral Home, Herrema’s Market, County Legislator Maria Vecchio, County Legislator David Long, LaBella Associates, Marge’s Lakeside Inn, Paris Kirwin Insurance, Pets At Peace, St. Paul Blvd Fire Association, SWOOP 1 Inc., Trilliant Jewelers, Ukrainian Federal Credit Union, Union Tavern, Wellington Steele and Associates, Wegmans, Woodridge Apartments, and Wright Beverage desired to support this event in the form of monetary and food donations. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit formally accepts the gifts of monetary and food donations from Accu-Pave, BIG Landscaping, Bruster’s Ice Cream, Chick-Fil-A, Excellus Blue Cross and Blue Shield, Harris Funeral Home, Herrema’s Market, County Legislator Maria Vecchio, County Legislator David Long, LaBella Associates, Marge’s Lakeside Inn, Paris Kirwin Insurance, Pets At Peace, St. Paul Blvd Fire Association, SWOOP 1 Inc., Trilliant Jewelers, Ukrainian Federal Credit Union, Union Tavern, Wellington Steele and Associates, Wegmans, Woodridge Apartments, and Wright Beverage. 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 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 ESTABLISHING THE ONE IRONDEQUOIT CITIZEN COMMITTEE 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 16th day of August, 2022, at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________ offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit is a town of over 50,000 residents of diverse backgrounds, all of whom deserve a voice in Town affairs; and WHEREAS, over decades, dozens of community groups have emerged in the Town, each providing a distinct vision for the Town and its residents and each promoting its programs and initiatives to the Town Board; and WHEREAS, the Town Board wishes to solicit and avail itself of the views of all of its diverse residents in an effort to promote unity, to develop a common vision for the future of the Town, and to properly gauge public support for Town Board initiatives; and WHEREAS, the Town Board wises to establish an advisory citizen committee, “One Irondequoit,” consisting of representatives from the diverse communities of the Town, including the law enforcement and emergency services community, the disabled community, environmentalists, the business community, the community of racial and ethnic minorities, the LGBTQIA+ community, and senior citizens. WHEREAS, the purpose of the One Irondequoit will be to serve as a “sounding board” for the Town Board and to forge consensus among the Town’s many diverse residents by advising the Town Board, upon its referral, concerning matters presented to the Town Board by community groups, interest groups, citizen groups, and other private bodies. NOW, THEREFORE, BE IT RESOLVED, that there is hereby established the advisory citizen committee, “One Irondequoit”. AND, THEREFORE, BE IT FURTHER RESOLVED, that One Irondequoit shall consist of seven voting members to be appointed by the Town Board, who shall serve without compensation for terms of two years. The voting members shall be adult residents of the Town, comprised of: a. one member selected from the law enforcement and emergency services community; b. one member selected from the disabled community; c. one member selected from the environmentalist community; d. one member from the business community; e. one member from the community of racial and ethnic minorities; f. one member from the LGBTQIA+ community; and g. one member from the senior citizen community. AND, THEREFORE, BE IT FURTHER RESOLVED, that Chairperson of One Irondequoit shall be selected by and from among the voting members of One Irondequoit, and shall preside over all meetings of One Irondequoit in accordance with Robert’s Rules of Order, to the extent practicable. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Supervisor shall designate a secretary of One Irondequoit, who shall not be a voting member, and who shall attend all meetings of One Irondequoit to record the minutes of One Irondequoit in accordance with New York Public Officers Law Section 106. AND, THEREFORE, BE IT FURTHER RESOLVED, that One Irondequoit shall meet at least on a bi-monthly basis, but meetings may be held at any time on the written request of any three voting members or on the call of the Chairman or the Supervisor, with two days’ notice to the voting members. Such meetings shall be open to the public and shall be conducted in accordance with the New York Open Meetings Law (Public Officers Law Article 7). The records of One Irondequoit shall be public records as described in the New York Freedom of Information Law (Public Officers Law Article 6). AND, THEREFORE, BE IT FURTHER RESOLVED, that a quorum for the transaction of business shall consist of four of One Irondequoit’s voting members, and the affirmative vote of four such voting members shall be required to take any action or make any recommendation or comment, although a lesser number may adjourn a meeting for lack of quorum. Any action, recommendation, or comment must be attributed to the entirety of Irondequoit, and shall not be attributed to individual members, the intent of the Town Board being that One Irondequoit shall speak as the voice of the entire community, rather than its individual members. AND, THEREFORE, BE IT FURTHER RESOLVED, that, consistent with any applicable state, federal, or local law or regulation, the Town Board may, but by no means is required to, refer any matter to One Irondequoit for One Irondequoit’s study, comments, input, and suggestions, provided that One Irondequoit shall have no authority to commit the Town Board to any course of action or to commit the spending of public monies. In making this resolution, it is the Town Board’s intent that One Irondequoit shall serve in a wholly advisory capacity to the Town Board. AND, THEREFORE, BE IT FURTHER RESOLVED, that One Irondequoit shall be authorized to act upon any matter referred to it by the Town Board, such actions to include, upon the affirmative vote of a majority (four members) of its total membership, to issue reports, recommendations, studies, comments or input, provided again that One Irondequoit shall have no authority to commit the Town Board to any course of action or to commit the spending of public monies. In making this resolution, it is the Town Board’s intent that One Irondequoit shall serve in a wholly advisory capacity to the Town Board. AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board intends to refer to One Irondequoit for comment those proposals presented to the Town Board from community groups, interest groups, citizen groups, and other private bodies, provided that such referrals are consistent with all federal, state, and local laws and regulations. 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 Freeman voting __________ Town Board Member Romeo voting __________ Town Board Member Perticone voting __________ Town Supervisor Fitzpatrick voting __________ Resolution Number 2022- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE AMENDED SPECIAL EVENT LICENSE FOR THE 11TH ANNUAL ROCHESTER AREA TRIATHLETES (RATs) TRIATHLON 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 16th day of August 2022 at 7:00 PM. 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 Rochester Area Triathletes (RATs), Inc. to host the Rochester Triathlon on Saturday, August 27, 2022 from 5:00 a.m. to 3:00 p.m.at Durand Eastman Beach Park; and WHEREAS, Resolution Number 2022-208 was adopted approving the Special Event License on July 19, 2022; and WHEREAS, the Rochester Area Triathletes have requested an amendment to the road course for the bicycle portion of the race for safety concerns of the riders. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the amended Special Event License to conduct the 11th Annual Rochester Area Triathletes (RATs), Inc. Triathlon on Saturday, August 27, 2022 from 5:00 a.m. to 3 p.m., with the amendment to the road course for the bicycle portion of the race. 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 Sign In (https://connect.garmin.com/modern/auth/IogoutPurl=https://connect.garmin.com/modern/activity/9117777395) Help (/en-US/help) English • CYCLING BY MICHAEL SMITH (/MODERN/PROFILE/0E1760BF-0A2A-4761-9C7C-6954F787FDA0) ON JUNE 30, 2022 @ 7:18 PM oho • ROC Tri Rough Draft Event: -- Event Type: Recreational Course: -- 6.12 mi Distance 17.1 mph Avg Speed se 04 PEW usnsad .1), EL Turning Point Park Go gle tti Es thrlp6ylmags. aps Ii43.2$b574;7757454 W97N see04111M1-u56g1g1S6mapcl RParAgIG 6 41214 111 0./ ronv.g Slower Miltiin Faster 21:31 Time 253 ft Total Ascent Elevation 600.0 400.0 Speed 40.0 Heart Rate Stats Laps Time in Zones Distance 6.12 mi Distance Calories 186 Calories Self Evaluation C1 0 Normal How did you feel? 2/10 Light Perceived Effort 7 Heart Rate 109 bpm Avg HR 142 bpm Max HR Timing Pace Speed 21:31 Time 21:23 Moving Time 22:02 Elapsed Time 17.1 mph Avg Speed 17.2 mph Avg Moving Speed 28.2 mph Max Speed < 84.0° € ." Irondee(uo,1 80' 01.11421 Pier and Beach Seabreeze J Arruserhent Park SEA BREEZE son. 200Q 4t;774745666,14L 5mi4V110nnlrlels*Ybr ta5{dt1122- Time Distance