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HomeMy Public PortalAbout2022.10.18 RTB Packet REGULAR TOWN BOARD MEETING OCTOBER 18, 2022 7:00 PM 10-16-2022 10:25 AM PLEDGE OF ALLEGIANCE ROLL CALL SUPERVISOR’S REMARKS & ANNOUNCEMENTS PUBLIC INPUT FINANCIAL REPORT APPROVAL OF MINUTES September 2, 2022 Special Town Board Meeting September 13, 2022 Workshop Meeting September 20, 2022 Regular Town Board Meeting ITEMS FOR BOARD ACTION Appointments 10A2022-1 RESOLUTION Authorizing the Appointment of a Part-Time School Traffic Guard in the Irondequoit Police Department 10A2022-2 RESOLUTION Authorizing the Appointment of a Second Part-Time School Traffic Guard in the Irondequoit Police Department Assessor 10A2022-3 RESOLUTION Authorizing a Settlement Agreement with Cranberry Landing LLC 10A2022-4 RESOLUTION Authorizing a Settlement Agreement with Rochester Cranberry Landing Owners, LLC Community Development 10A2022-5 RESOLUTION Calling for a Public Hearing on the Matter of Granting a Special Use Permit for 367 Titus Avenue in the R-1 Residential District and Referring Same to the Planning Board for Comment Comptroller 10A2022-6 RESOLUTION Authorizing the Calling of a Public Hearing Concerning the 2023 Preliminary Budget 10A2022-7 RESOLUTION Authorizing the Use of Fund Balance for Payment of Project Costs Human Resources 10A2022-8 RESOLUTION Establishing Employee Health Insurance Rates for 2023 10A2022-9 RESOLUTION Approving the 2023 Holiday Schedule for all Town of Irondequoit Employees 10A2022-10 RESOLUTION Ratifying the Nightstick PBA Unit Contract Library 10A2022-11 RESOLUTION Allocating ARPA Funding for Seed Library Police 10A2022-12 RESOLUTION Authorizing Payment for Genealogy Testing 10A2022-13 RESOLUTION Authorizing a Non-Binding Letter of Understanding with the West Irondequoit School District to Promote School Safety Public Works 10A2022-14 RESOLUTION Authorizing Maintenance and Enforcement Agreement 10A2022-15 RESOLUTION Authorizing the Capital Improvement Program for the Town of Irondequoit for 2023 through 2028 10A2022-16 RESOLUTION Calling for a Public Hearing in Accordance with Sections 202-b of the Town Law with Respect to Certain Improvements to the Town of Irondequoit Consolidated Sewer District (Pump Station) 10A2022-17 RESOLUTION Calling for a Public Hearing in Accordance with Section 202-b of the Town Law with Respect to Certain Improvements to the Town of Irondequoit Consolidated Sewer District (Laterals) Supervisor 10A2022-18 RESOLUTION Implementing a Climate Smart Community Task Force and Appointment of a Climate Smart Community Coordinator BUDGET WORKSHOP MEETINGS: WEDNESDAY, OCTOBER 19, 2022 AND THURSDAY, OCTOBER 20, 2022 THESE MEETINGS BEGIN AT 5:30 PM NEXT WORKSHOP MEETING--TUESDAY, NOVEMBER 8, 2022 @ 4:00 PM PUBLIC HEARING ON 2023 BUDGET ON THURSDAY, NOVEMBER 10, 2022 @ 7:35 PM NEXT REGULAR TOWN BOARD MEETING--TUESDAY, NOVEMBER 15, 2022 @ 7:00 PM Town of Irondequoit Financial Report Month Ending 9/30/22 EXPENSES Fund 001 General (includes cemetery) percent of amended budget 005 Library percent of amended budget 021 Highway # 1, Road Impvts percent of amended budget 023 Highway # 3, Equipment Maint percent of amended budget 024 Highway # 4, ROW / Winter percent of amended budget 031 Consolidated San Sewer Dist percent of amended budget 038 Stormwater Drainage Dist percent of amended budget 036 LaSalle Landing Sewer District percent of amended budget 039 Rock Beach San. Sewer Dist percent of amended budget 040 Orland Road San Sewer Dist. percent of amended budget 051 Sea Breeze Water District percent of amended budget 071 - 098 Lighting Districts percent of amended budget TOTAL Original Budget 24,182,234 2,789,034 3,462,996 1,105,272 5,1)(07 249 1,085,082 3,993,594 876,680 142 8,707 14,424 1,136,160 153,000 Amended Budget 24,784,072 �2, 789, 061 ( 3,473,097 ?.._ 1,105,272 1,088, 877 4,070,695 923,325 142 8,707 14,424 1,136,160 153,000 38,807,325 39,546,832 Cumulative, Year to Month End Expended Encumb'd Available 45.54.,L,,,,!10, Balance 15,592,621 2,031,619 7,159,832 LYg 62.9% 8.2% 28 9% 1,744,025 4,049 1,040,987 62.5% 0.1 % 37 3% t�0 2,457,989 70.B% 883,276 79.9% 722,624 68.4% 2,578,478 63.3% 384,439 41.6% 142 100.2% 478 5.5% 1,712 11.9% 727,929 641% 106,550 69 6% 25,200,264 0 0% 53,700 35.1% 2,972,025 Percent of Amended Budget Spent Percent of Amended Budget Encumbered Total Percent Spent & Encumbered 63 7% 7.5% 458,851, v 556,257 13 2% 16 0% 78,779 143,216 7.1% r 130% 136,431 ' 229,821 12.5% 21 1% 136,730 1,355,486 3.4% 33.3% 71,865 467,022 7 8% 50.6% 0 0 0.0% -0.2% 0 8,229 0.0% 94.5% 0 12,712 00% 88.1% 0 408,231 35.9% -7,250 -4.7% 11,374, 543 Percent Percent of of Budget Year Spent & Elapsed Enc'brd 75 0% 71 1% 750% 627% 75 0% 84.0% 75.0% 87 0% 75.0% 78.9% 750% 667% 75 0% 49.4% 75 0% 100.2% 75 0% 5 5% 75.0% 11 9% 75.0% 64 1% 75.0% 104 7% 75 0% 71.2% 71.2% Tax Levy Sensitive 32,624,760 33,240,520 21,400,678 2,709,730 9,130,113 75.0% 72.5% Total Spent + Encumbered REVENUES Fund 001 General: Real Estate Tax Payment In Lieu of Tax Sales Tax Mortgage Tax (001-1001) (001-1081) (001-1120) (001-3005) AIM -Related Payments-NYS (001-2750) Interest Earnings (001-2401) Franchise Cable TV (001-1170) Recreation Program Fees (001-2001) Cemetery Revenues (001-2190/2665) Fines & Bail Forfeitures (001-2610) Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance 24,110,408 64.4% Cumulative Original Amended Receipts Budget Budget Through This Month 11, 797,475 11, 797,475 11, 797,475 288,471 288,471 282,696 5,700,000 5,700,000 2,740,960 980,000 980,000 279,312 613,283 613,283 613,283 5,000 5,000 13,934 683,500 683,500 -3,677 871,505 871,505 512,638 105,000 105,000 91,330 210,400 210,400 65,986 2,085,320 2,085,320 1,275,856 842,280 842,280 842,280 8 2% Balance to be Received 0 5,775 2,959,040 700,688 0 -8,934 687,177 358,867 13,670 144,414 809,464 0 24,182,234 24,182,234 18,512,073 5,670,161 27.5% Percent of Real Estate Tax 64 9% Percent of Year Elapsed 72 5% Percent of Revenue Received 100.0% 98.0% 48 1% 28 5% 100.0% 278 7% -0.5% 58.8% 87 0% 31 4% 61.2% 75 0% 76,6% 2022 Printed on 10/6/2022 Page 1 Town of Irondequoit Financial Report Month Ending 9/30/22 Fund 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 90,355 18,620 82.9% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 2,789,034 2,789,034 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 021, 023, 024 Highway Funds Real Estate Tax All Other Sources Appropriated Fund Balance Total, Revenue & Fund Balance 031 Consolidated San. Sewer District Sewer Service Charges Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance 038 Stormwater Drainage District District Service Charges Other Sources of Revenue Appropriated Fund Balance Total, Revenue & Fund Balance 3,688,276 1,740,074 225,000 5,653,350 3,688,276 1,740,074 225,000 5,653,350 2,770,414 18,620 3,688,276 980,341 225,000 4,893,617 3,904,072 3,904,072 3,904,072 89,522 89,522 91,171 0 0 0 3,993,594 3,993,594 3,995,243 75.0% 99.3% 0 20.3% 100 0% 759,733 56 3% 0 759,733 75 0% 86 6% 0 -1,649 0 -1,649 856,180 856,180 856,180 0 20,500 20,500 472 20,028 0 0 0 0 876,680 876,680 856,652 20,028 100.0% 101.8% 750% 1000% 100 0% 2.3% 75 0% 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 75.0% 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 7 -7 #DIV/0! Total Revenue _ 8,707 8,707 8,714 -7 75.0% 100.1% 040 Orland Road San. Sewer District District Capital Charges 14,424 14,424 14,424 0 100.0% Other Sources of Revenue 0 0 13 -13 #DIV/0! Total Revenue 14,424 14,424 14,437 -13 75.0% 100.1% 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 1,103,160 545,461 557,699 49,4% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 1,136,160 1,136,160 578,461 557,699 75.0% 50.9% 071 - 098 Lighting Districts District Real Estate Tax 153,000 153.000 153,000 0 100.0% Other Sources of Revenue 0 0 225 -225 Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 153,000 153,000 153,225 -225 75 0% 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 7,580,363 7,024,347 51.9% TOTAL 37,740,045 37,740,045 30,715,698 7,024,347 75.0% 81.4% Appropriated Fund Balance Grand Total, Revenues and Appropriated Fund Balance 1,067,280 1,067, 280 1,067,280 0 100 0% 38,807,325 38,807,325 31,782,978 7,024,347 81.9% 2022 Printed on 10/6/2022 Page 2 Town of Irondequoit Financial Report Month Ending 9/30/22 Comparison With Prior Year Period 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 Expenses Percent Percent Percent Percent Percent Percent Percent of Budget of Budget of Budget of Budget of Budget of Budget of Budget Fund Spent & Spent & Spent & Spent & Spent & Spent & Spent & Enc'brd Enc'brd Enc'brd Enc'brd Enc'brd Enc'brd Enc'brd 001 General 68 8% 005 Library 74 3% 021 Highway # 1, Road Impvts 77 6% 023 Highway # 3, Equipt Maint. 82 8% 024 Highway # 4, ROW / Winter 68 4% 031 Consolidated Sewer Dist. 65 2% 038 Stormwater Drainage Dist 55 8% 051 Sea Breeze Water District 75 0% 055 Sea Breeze Fire District 071 - 098 Lighting Districts 113.6% 78 2% 69.4% 69 2% 66 2% 67.4% 74.2% 74 3% 73 9% 64 6% 67.9% 87.7% 76.9% 78.9% 78 6% 77 3% 166.8% 75 3% 74..9% 78.1% 63 3% 72 8% 74 9% 73 2% 68 9% 70 4% 81 8% 66 9% 69.3% 67.6% 68.4% 49.5% 46.9% 62.2% 65.9% 50 9% 65.8% 84.2% 97.4% 64.6% 64 1% 100.6% 100 4% 100 2% 100 2% 95.2% 71.1% 62.7% 84.0% 87.0% 78.9% 66 7% 49.4% 64.1% 104.7% TOTAL 69 8% 81.3% 70.5% 71.4% 67 8% 67 9% 71.2% Revenues Fund Percent Percent Percent Percent Percent Percent Percent of Budget of Budget of Budget of Budget of Budget of Budget of Budget Received Received Received Received Received Received Received 001 General: Real Estate Tax Payment In Lieu of Tax Sales Tax Mortgage Tax Per Capita State Aid Interest Earnings Franchise Cable TV Recreation Program Fees Cemetery Revenues Fines & Bail Forfeitures Other Sources of Revenue Appropriated Fund Balance 100.0% 102.0% 40.1% 24.9% 100 0% 72.3% 53 3% 89 2% 70 3% 44.2% 64 4% 100.0% Subtotal, General Fund 79 6% Other Funds, "Other Sources" * 100.0% 102.3% 39.1 % 20.6% 100-0% 94 9% 50.6% 85.3% 73.7% 52.6% 165 3% 100 0% 100.0% 102.6% 39.2% 16.5% 100.0% 220.3% 50.0% 94.9% 70.8% 61.2% 193 7% 100.0% 87.9% 90.3% 100.0% 101.4% 38,2% 30 5% 0 0% 685 9% -0.5% 91 5% 66.5% 57 4% 77 0% 100.0% 100 0% 101 1% 31 0% 30.6% 0 0% 130.5% 45 5% 53.7% 70.2% 43 9% 73.7% 100 0% 74 1% 72.3% 100 0% 101 0% 54.0% 30.2% 0 0% 16 3% -0.6% 78.7% 161.6% 33.4% 92 7% 100.0% 100.0% 98.0% 48.1% 28.5% 100.0% 278.7% -0.5% 58.8% 87.0% 31.4% 61.2% 100.0% 80.1% 76.6% 005 Library 67 0% 021, 023, 024 Highway Funds 67.5% 031 Consolidated San. Sewer District Sewer Service Charges 100 0% Other Sources of Revenue 116.3% 038 Stormwater Drainage Dist. 14.5% 051 Sea Breeze Water District 53.6% 055 Sea Breeze Fire District 071 - 098 Lighting Districts 65 3% 67 2% 85 0% 41 4% 73.4% 82.9% 60.3% 43 4% 35 0% 42.2% 39.6% 56.3% 100.0% 351 7% 110.5% 54,1% 100.0% 121.4% 186 9% 61 3% 100.0% 90 3% 2 8% 61.1% * All Real Estate Tax and Appropriated Fund Balances are 100% received by these funds at the beginning of each year. All Funds, Revenues & App FB's 85.0% 91.0% 90 2% 79 2% 100 0% 114 3% 418.7% 56 9% 79.2% 100.0% 88.6% 0.9% 53.3% 100.0% 101.8% 2.3% 49.4% 83.8% 81.9% 2022 Printed on 10/6/2022 Page Town Board Meeting Notes — September 2022 The 2022 financial results as of September 30th 75% of the year has elapsed and the Town's total expenses (actual expenditures + encumbrances) of $28,172k are lower than budget at 71.2%. Actual expenses are $25,200k (63.7% of budget) & encumbrances are $2,972k (7.5% of budget). Typically, encumbrances are still sizable at this point in the year, as departments continue to commit to services, supplies, and commodities that will be needed for the remainder of the year. The General Fund total expenses of $17,624k are below budget at 71.1%. The actual expenditures total $15,593k (62.9% of budget) and encumbrances are $2,032k (8.2% of budget). Encumbrances include information technology projects and services, legal fees and other contracted expenses throughout the Town. Overall, the total expenses of the Highway Funds are $4,738k or 83.6% of budget —higher than the 75% of the year that has elapsed. Actual expenditures are $4,064kk (71.7% of budget) and encumbrances total $674k (11.8% of budget). The costs continue to be driven by considerable expenses and encumbrances for gas, fuel, road salt, equipment parts, and road paving. The Library expenditures are lower than budget at 62.7%—a year-to- date total of $1,748k. Expenses in the Sewer Fund of $2,715k are below budget at 66.7%. Actual expenditures are $2,578k (63.3% of budget) and encumbrances are $137k (3.4% of budget). Stormwater Drainage expenses are approximately 49% of budget —a total of $456k. 1 The General Fund has received 76.6% of budgeted revenue at $18,512k. Real estate tax of $11,797k has been collected. 98% of the Payment In Lieu of Tax revenue of $283k is in. The Town has recorded 5 months of Sales Tax revenue in the amount of $2,741k (48.1% of budget); Mortgage Tax for the first quarter of $279k has been received (28.5% of budget). Aid & incentive to municipality revenue of $ 613k is scheduled for payment in December. Regarding the entire Town: $31,783k or 81.9% of revenue and appropriated fund balance has been received to -date; approximately $18,166k is from real estate tax. At month -end, the Library had confirmed revenue of $2,770k - 99.3% of budget. 86.6% or $4,894k of revenue has been received by the Highway. 100% of the Sewer Fund revenue or $3,995k has been received. Stormwater Drainage has verified 97.7% of its budgeted revenue —$857k. Page 3 of this report presents the third quarter year-to-date summary and comparison to the prior 6 years. As a reminder, the 2017 percentages include fire -related activity. Regarding expenditures by Fund —which are shown on the top third of the page: The overall 71.1% of total budget spent and encumbered is comparable to the prior years. The middle third of the page contains the pertinent Sources of Revenue for the General Fund; the bottom third of the page allows for revenue comparisons of the other Funds; the last line reflects the bottom -line collective revenue and appropriated fund balance for the Town. The 2022 General Fund revenue reflects 76.6% of budget received to date, On par with previous years. The third quarter 2019 revenue was lower than 2 prior years as Aid & incentives to municipalities --State Aid payment was rescheduled from September to December. The 2020 revenue was lower as a result of the COVID pandemic. The revenue and appropriated fund balance for the Town as a whole is 81.9%, which is similar to the prior 3 years. The Highway fund revenue is at 56.3% and is higher than in the prior 4 years as fuel chargeback receipts have increased. The Sewer fund is performing on par with prior years, while the Drainage fund lags behind prior years results from the timing of equipment sales. 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 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 September 2022. 3 SPECIAL TOWN BOARD MEETING SEPTEMBER 2, 2022 156 PRESENT: Rory Fitzpatrick Supervisor John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery Town Attorney ABSENT: Patrina Freeman Town Board Member Others in attendance included Human Resources Personnel Clerk Linda Mosley, Chief of Police Alan Laird, and Director of Administration Maria Vecchio. Supervisor Fitzpatrick called the meeting to order, Pledge was said and Roll Call taken by Supervisor Fitzpatrick at 1:30 PM. Supervisor Fitzpatrick read the first item for action due to the temporary absence of the Town Clerk. ITEMS FOR BOARD ACTION: 9STB2022-1 Resolution Approving the Appointment of an Acting Deputy Town Clerk and Deputy Receiver of Assessments On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the appointment of Maria Vecchio as Acting Deputy Town Clerk and Deputy Receiver of Taxes and Assessments through and including September 6, 2022, and such appointment shall be held simultaneously with her position as Director of Administration, and she shall not receive an additional salary. This will allow Maria Vecchio to oversee this meeting and to accept any documents on behalf of the Town. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Absent Town Supervisor Fitzpatrick Aye Resolution Number 2022-248 9STB2022-2 Resolution Authorizing the Hiring of a Police Officer On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the hiring of Brandon Moore as a Police Officer, to be paid $50,747 annually. Irondequoit Police Chief Alan Laird stated that the need to hold this special meeting is to put these two police candidates before the Town Board to hire to attend the upcoming police academy. States this is unprecedented times for us, to be doing it in a manner that is out of our norm because of the need for police officers and multiple agencies are looking for officers; SPECIAL TOWN BOARD MEETING SEPTEMBER 2, 2022 157 wanted to bring these two extremely qualified candidates before the Board. The first candidate is Brandon Moore; he has successfully passed all aspects of the hiring process through the Irondequoit Police Department, as well as Monroe County Civil Service. He comes highly recommended by the interview committee, as well as the background investigators. He holds a bachelor’s degree in criminal justice from Hobart College and currently works for Cheektowaga Central School District as a laborer and has a history of volunteering in the local community. He’s looking to continue his public service as a police officer, is currently reachable and we wish to hire Mr. Moore for the position of Police Officer here in the Town of Irondequoit. He would be attending the Police Academy in October of this year. Chief is asked to go over the timeframe of the academy. First day would be October 25, the first day of the Academy would be October 26. The instruction period ends 4/28/23 at which time recruits would enter approximately 14 weeks of Field Training and it would be about mid-July before they would actually be out on the road by themselves. Questions about additional interviews. Chief responds that these 2 hires would still leave 3 vacancies in the department for academy and, with retirements, looking at transfer candidates. Questions about split of shifts for recruits; Chief responds this remains to be determined. Shifts would be posted. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Absent Town Supervisor Fitzpatrick Aye Resolution Number 2022-249 9STB2022-3 Resolution Authorizing the Hiring of a Police Officer On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the hiring of Cameron Riola as a Police Officer, to be paid $50,747 annually. This candidate, Cameron Riola, has also successfully passed all aspects of the hiring process with the Irondequoit Police Department and Monroe County Civil Service. He also comes highly recommended by the interview committee and the background investigators. He holds an Associate’s Degree in business and currently works in the service industry and has a history of volunteerism. He currently volunteers as a special police officer with the Town of Greece, patrolling Town properties for the Town of Greece for free. He wishes to further serve the community by transitioning to the position of police officer for the Town of Irondequoit. Mr. Riola is currently reachable on the Civil Service list and we wish to hire him for the same academy. Closing comment by Councilwoman Romeo thanking the men and women in the organization, recognizes this as a dynamic time and understands that the numbers that are signing up for these classes are significantly smaller than in the past, so thank you for being out there in your recruiting and making things happen and bringing us two good candidates. Comment by Councilman Wehner – the Town Board supports you by special meetings like this when we have these recruits, and we appreciate you bringing them forward. SPECIAL TOWN BOARD MEETING SEPTEMBER 2, 2022 158 UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Absent Town Supervisor Fitzpatrick Aye Resolution Number 2022-249 On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Special Town Board meeting was adjourned at 1:38 p.m. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Absent Town Supervisor Fitzpatrick Aye Respectfully submitted, Maria Vecchio, Acting Deputy Town Clerk WORKSHOP MEETING SEPTEMBER 13, 2022 159 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 13th day of September 2022 at 4:00 P.M, there were: PRESENT: Supervisor Rory Fitzpatrick Town Board Member John Perticone Town Board Member Kimie Romeo Harter Secrest & Emery, LLP Attorney for the Town ABSENT: Town Board Member Patrina Freeman Town Board Member Peter Wehner Others in attendance included Assessor Amy Jorstad, Chief of Police Alan Laird, Comptroller Diana Marsh, Communication Assistant Mike Moss, Commissioner of Public Works Erin Magee, Director of Human Resources Jason Vinette, Management Assistants Megan Hoffman and Ryan McLean, Director of Administration Maria Vecchio and Town Clerk Genier. Supervisor Fitzpatrick called the meeting to order, Pledge was said, and Town Clerk Genier called Roll. SUPERVISOR’S REMARKS: *Supervisor Fitzpatrick stated that the Town is looking into keeping the offices open for an extra two hours on a quarterly basis to accommodate residents who cannot come to the Town during regular working hours. The Town will announce the first date that this will be done as soon as possible. *There will be a blood drive at the Town Hall on Thursday, September 22nd. *Work is being done to the handicap ramp beginning September 23rd and should be done in three weeks from then. Please call with any concerns regarding this project. *There will be two presentations given at this meeting—Assessor Amy Jorstad will review income limits for two exemptions and members from Drug Free Irondequoit (DFI: Together) which will soon be known as Uplift Irondequoit to discuss the findings from their community scan. PRESENTATION BY DRUG FREE IRONDEQUOIT: Gavin McDonald and Vicky addressed the Board to discuss the results of their community scan. The members of the Coalition and volunteers went around Irondequoit. There were about 27 locations that they visited. They did this to identify problem areas not currently addressed and identify where target substances are being used within the community. They also hoped to identify possible sources of substance access. Coalition members found litter, cans, bottles and other paraphernalia. One of the problem areas was Irondequoit Bay Park West. Coalition members also saw much graffiti in the areas they worked in. The Coalition hopes to find ways to make the community a safe place for young people by focusing on ways to limit the use of marijuana, nicotine and tobacco use. Their goal is to change the physical design and implement strategies to reduce easy use and sales. The group would like to conduct a community cleanup event at several of the sites they visited, put up signage regarding tobacco, marijuana free zone from parks and trail and install better lighting at the locations. Supervisor Fitzpatrick thanked Gavin and Vicky for speaking and bringing this matter to the Town’s attention. He noted that Irondequoit is one of the highest overdose areas in the County and seeing the use by teens is troubling. WORKSHOP MEETING SEPTEMBER 13, 2022 160 PRESENTATION BY TOWN ASSESSOR AMY JORSTAD: Assessor Amy Jorstad reviewed local option to change income limits for two exemptions: RP-467-Partial Tax Exemption for Real Property of Senior Citizens and RP-459-c-Partial Tax Exemption for Real Property of Persons with Disabilities and Limited Incomes. Please visit Assessor’s Office for more information. REVIEW OF AGENDA ITEMS FOR SEPTEMBER 20, 2022 RTB MEETING: Financial Report: Comptroller Diana Marsh reviewed the 2022 financial results for the Town as of August 31, 2022. Total Actual Expenses and Encumbrances are 65.2% or $25,797 of budget, which is slightly below the 66.7% of the year that has elapsed. Actual Expenses are $21,963,610 or 55.5% of budget and encumbered expenses are $3,833,213 or 9.7% of budget as departments continue to commit to services and supplies for the remainder of the year. The General Fund Expenses are favorable to budget at 64.9% or $16,086,072. Actual expenditures are $13,717,137 or 55.3% and encumbrances are $2,368,935 or 9.6% of budget. Contained within the General Fund encumbrances are: legal fees, Information Technology projects and services, 2022 projected but unexpended energy costs of the General Fund Street Lighting account, installment debt for equipment leased by the Solid Waste and Parks Departments and other contracted expenses throughout the Town. The Highway Fund expenses are greater than the percent of the year that has elapsed at 78.4% or $4,432,295. These costs are typically driven by salt, fuel, roadwork and paving services and materials, such as oil, stone and asphalt. Highway 1 is currently realizing sizable roadwork and paving expenditures, as well as paving material encumbrances. Expenditures in the Library are $1,618,841 or 58% of budget. The Sewer Fund expenses are 61.7% of budget, equating to $2,512,190. Actual expenditures total $2,313,612 (56.8%) and encumbrances of $198,578 account for the remaining 4.9%. Expenses in Stormwater Drainage total $409,265 or 44.3% of budget. Actual expenses are $344,277 or 37.3% and encumbrances account for 7% or $64,988. The expenses, excluding encumbrances, for the Town, as well as the three major funds, are less than the percent of the year that has elapsed at 66.7%. The actual expenditures percentage, excluding encumbrances, for the Town is 55.5%; the General Fund is 55.3%; Sewer is 56.8%; and 58.6% for the collective highway funds. The General Fund Revenue received is $17,645,146 or 73% of budget. $11,797,475 of Real Estate tax or 100% of budget has been received. 89.3% of PILOT (Payment in Lieu of Tax) or $257,696 has been received. An additional $25,000 is due in September and will make this item whole. The 1st quarter Mortgage Tax of $279,312 or 28.5% of budget has been received. Five months of Sales Tax of $2,740,960 (48.1%) has been received. Other major revenue items expected later in the year include: Aid and Incentives for Municipalities, Franchise Cable TV revenue and the remaining three quarters of mortgage tax. Regarding the Entire Town: $30,511,246 or 78.6% of revenue has been received to date. Approximately $18,165,810 of the amount received is Real Estate Tax. The Library has received $2,748,118 or 98.5% of its budgeted revenue. The Highway Fund has received 80% or $4,519,890 of its budgeted revenue. Sewer has received $3,993,824 or 100% of that fund’s budget. Stormwater Drainage receipts of $856,511 (97.7%) of budget has been received. In addition, American Rescue Funds of $22,455,000 have been received. The use of this funding is restricted for the response to WORKSHOP MEETING SEPTEMBER 13, 2022 161 and relief of COVID-19 and can be used to cover costs incurred through December 31, 2024. A special revenue fund has been established to account for these funds. Approximately $16,145,000 has been allocated to projects throughout the Town. Approval of Minutes: Minutes from the following meetings to be approved: August 9, 2022 Workshop Meeting August 16, 2022 Regular Town Board Meeting August 26, 2022 Special Town Board Meeting Appointments: Resolution 1: Authorizing the appointment of Jennifer Ahrens as a member of the Historic Preservation Commission through December 31, 2022 to fill a vacancy on the Board. Resolution 2: Authorizing the hiring of Kimberly Fioco as a part-time Office Clerk IV in the Irondequoit Justice Court to fill a vacancy. This position is non-competitive, and no civil service exam is needed to be eligible for this position. Resolution 3: Authorizing the appointment of Richard Chapman as a part-time Recreation Assistant at the Irondequoit Community Center. As this position is non-competitive, no civil service exam in required to be eligible for this position. Resolution 4: Authorizing the appointment of Joseph Lobene as a part-time Recreation Assistant in the Irondequoit Community Center. As this is a non-competitive position, no Civil Service exam is required. Resolution 5: Authorizing the appointment of a full-time Working Foreman in the Tree Department of Public Works. Four candidates were interviewed and Mark Mastrella’s name is being brought forward for this position. This is a non-competitive title, but per Civil Service guidelines, one year of permanent status as a Laborer, Motor Equipment Operator or similar title in the Town is necessary to be eligible for this position. Resolution 6: Authorizing the hiring of Bradley Lamphier as a Police Officer in the Irondequoit Police Department to fill the vacancies created with numerous retirements. Resolution 7: Authorizing the transfer of Kimberly DeMarco as a full-time Office Clerk III in the Irondequoit Community Services Department Ms. DeMarco currently holds this title in another jurisdiction and is eligible to transfer. Resolution 8: Authorizing the reappointment of Susan Kramarsky to the Library Board of Trustees. Her term will expire on December 31, 2026. Comptroller: Comptroller Diana Marsh reviewed two (2) resolutions, the first of which authorizes the adjustment of the mileage reimbursement rate for 2022 to $.625, which is consistent with the rate allowed by the U.S. Internal Revenue Service. Councilmember Freeman stated that she had another obligation to attend to and excused herself from the Workshop Meeting at 4:50 PM. The second resolution authorizes the Supervisor to make payment for training programs. Resolution No. 2020-047, adopted on January 21, 2020, authorized two Town staff members to attend the XLR8 Leadership Training Program in Beaver Hollow, NY for three days. The total cost of the training for two employees was listed in the resolution at $4,000. Two installments were made in 2020 for this training—one for $4,000 and the second for $6,000. The two employees were told that they needed to put their expenses on their own credit cards and the Town reimbursed them in the sum of $1,000 for those expenses. The invoice the Town received stated a balance due of $20,000. This matter needs to be looked into before any payment is sent. Comptroller Marsh noted that there is no contract regarding this training expense. Both employees are no longer working for the Town. WORKSHOP MEETING SEPTEMBER 13, 2022 162 Human Resources: Director of Human Resources explained his one (1) resolution authorizing the approval of the Standard Workday for Elected Officials in the Town of Irondequoit. The Town is required to establish a document showing the Standard Workday for Elected Officials. Director Vinette has requested and received information from the elected officials to complete the necessary paperwork for the NYS Employees Retirement System. IT: Director of Information Technology Kevin LaBarr explained his one (1) resolution authorizing the Supervisor to contract for digital services with Civicplus to build a website and a document management system. Director LaBarr stated that the fees will not exceed $60,000. The Bonadio Group approves the use of ARPA (American Rescue Plan Act) funding for these services. The estimated amount for the work is $47,785.75 and it should roll out in the spring of 2023. Director LaBarr noted that this system should cut down on paper use and allow people to schedule things online. Police: Chief of Police Alan Laird explained two (2) resolutions from his Department. The first resolution authorizes the purchase of one (1) 2023 Ford Police Interceptor Utility AWD SUV to be used by the Irondequoit Police Department and the second resolution authorizes the purchase of two (2) Ford Police Interceptor Utility AWD SUV to be used by the Police Department. The first vehicle will be purchased from Van Bortel Ford with an estimated cost of $45,090.29. The two Hybrid SUVs will be purchased from Genesee Valley in the sum of $97,520.00. These are replacement vehicles. Public Works: Commissioner of Public Works Erin Magee reviewed three (3) resolutions. The first resolution authorizes the Supervisor to enter into a contract for electrical stake out services. Commissioner Magee received three written quotes offering these services and the lowest responsible quote was received from USIC Locating Services, LLC in the amount of $15 per regular request with an estimated use of 300 times per year based on service requests for the last seven months. These services will help the Town locate underground electrical lines. The second resolution authorizes the Supervisor to enter into a contract for water cookers at various Town facilities. Commissioner Magee explained that the current water cooler contract is about to expire. Three written quotes were obtained, and the lowest responsible quote came from Quench in the amount of $291.90 per month for eight water cookers. This contract will be for three years starting on October 21, 2002. The third resolution revised the fee schedule for the Irondequoit Cemetery. Commissioner Magee stated that the revised fee schedule is necessary and appropriate to ensure the continued success of the Irondequoit Cemetery. Recreation: Management Assistant Megan Hoffman reviewed one (1) resolution authorizing the 2023 Special Events Calendar. Supervisor: The following resolution was brought to the Meeting as it missed the deadline for inclusion in the digital packet. The resolution authorizes the Supervisor to enter into a Memorandum of Understanding with E.R.A.S.E. for the planning, hosting and conducting the E.R.A.S.E. Annual Juneteenth event. Supervisor Fitzpatrick noted that E.R.A.S.E. is a good group to work with and last year’s event was extremely successful. Comptroller: The following resolution was also brought into the meeting as it missed the deadline for inclusion into the digital packet. This resolution authorizes the Supervisor to enter into an agreement to receive Zombie 2.0 grant funds. Comptroller Marsh stated that back in WORKSHOP MEETING SEPTEMBER 13, 2022 163 2020, the Town was awarded additional grant funds in the sum of $70,253 to be usd to formalize vacant-focused code enforcement compliance with all applicable Town and State regulations. ITEMS FOR BOARD ACTION: 9WS2022-1 Resolution Establishing a Climate Smart Communities Taskforce On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, a resolution was adopted establishing a Climate Smart Communities Taskforce (CSC). Supervisor Fitzpatrick explained that this is a NYS program that helps local governments take action to reduce greenhouse gas emissions and adapt to a changing climate. UPON VOTING Peter Wehner Town Board Member Absent John Perticone Town Board Member Aye Kimie Romeo Town Board Member Aye Patrina Freeman Town Board Member Absent Rory Fitzpatrick Town Supervisor Aye Resolution Number 2022-251 9WS2022-2 Resolution Authorizing the Supervisor to Enter into an Agreement for Legal Services On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor to enter into an agreement with Phillips Lytle LLP for professional services related to the review of the purchase in question at the hourly cost of $325 and a total cost not to exceed $10,000. Supervisor Fitzpatrick stated that two groups were interviewed and the Town chose Phillips Lytle LLP. He added that the Selection Committee felt there might be a conflict of interest with the first group. UPON VOTING Peter Wehner Town Board Member Absent John Perticone Town Board Member Aye Kimie Romeo Town Board Member Aye Patrina Freeman Town Board Member Absent Rory Fitzpatrick Town Supervisor Aye Resolution Number 2022-252 9WS2022-3 Resolution Authorizing the Town Engineer to submit grant applications to the NYS 2022 Municipal Zero-Emission Vehicle Infrastructure Grant Program On a motion made by Councilmember Perticone, seconded by Councilmember Romeo, a resolution was adopted approving the Letter Authorization between the Town and LaBella to aid with submitting applications for five locations, all at the hourly rate of $110 per hour for work performed by a Project Manager as included in the Professional Services Agreement, not to exceed $2,500 per location for a total amount of $12,500 (5 applications). WORKSHOP MEETING SEPTEMBER 13, 2022 164 UPON VOTING Peter Wehner Town Board Member Absent John Perticone Town Board Member Aye Kimie Romeo Town Board Member Aye Patrina Freeman Town Board Member Absent Rory Fitzpatrick Town Supervisor Aye Resolution Number 2022-253 The next Town Board meeting will be held on Tuesday, September 20, 2022 at 7 p.m. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, the Workshop Meeting was adjourned at 5:11 p.m. UPON VOTING Peter Wehner Town Board Member Absent John Perticone Town Board Member Aye Kimie Romeo Town Board Member Aye Patrina Freeman Town Board Member Absent Rory Fitzpatrick Town Supervisor Aye Respectfully submitted, Barbara Genier, Town Clerk REGULAR TOWN BOARD MEETING SEPTEMBER 20, 2022 165 6:45 PM: Swearing-In Ceremony for four Police Officers: Louis Buduson, Jacob Gauthier, Brett Pierson and Mark Sorrentino. Supervisor Fitzpatrick administered the Oath of Office to each of the Officers. 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 20th day of September 2022 at 7:00 P.M., local time, there were: PRESENT: Town Supervisor Rory Fitzpatrick Town Board Member Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Attorney for the Town Harter Secrest & Emery LLC Others in attendance included Assessor Amy Jorstad, Chief of Police Alan Laird and fellow Police Officers, Captains Mark Jesske and Jessica Franco, Comptroller Diana Marsh, Management Assistant Megan Hoffman, Community Development Coordinator Mary Werner, Human Resources Clerk Linda Mosley, Commissioner of Public Works Erin Magee, Planning and Zoning Clerk Michelle Nichols, Director of Administration Maria Vecchio, Communication Aide Michael Moss and Town Clerk Genier. Supervisor Fitzpatrick called the meeting to order, the Pledge was said and Town Clerk Genier called Roll. SUPERVISOR’S REMARKS AND ANNOUNCEMENTS: *Supervisor Fitzpatrick noted that there will be a blood drive at the Town Hall on Thursday, September 22, in the Broderick Room. *Construction will begin on the handicap ramp on September 23 and will last about 3 weeks. Anyone coming to the Town Hall and needs assistance, please contact us for help. *The Town will have extended hours on a quarterly basis beginning Wednesday, October 26. The Town Hall will be open until 6:30 p.m. that day. Marriage Licenses and Passport Applications will need appointments for that day. *There will be a 15-minute Town Show aired monthly, beginning on Thursday, September 29 at Noon. There will be new stories aired every month, keeping residents up to date on what is happening in Town. *Supervisor Fitzpatrick announced that Agenda Item Number 22 – Calling for a Public Hearing on Discipline of Zoning Board of Appeals Member- is being pulled; and Agenda Item Number 11- Authorizing Payment for Training Programs - will be discussed at the end of this meeting. PUBLIC INPUT: No one came forward to speak. Financial Report: Comptroller Diana Marsh reviewed the 2022 financial results for the Town as of August 31, 2022. Total Actual Expenses and Encumbrances are 65.2% or $25,797 of budget, which is slightly below the 66.7% of the year that has elapsed. Actual Expenses are $21,963,610 or 55.5% of budget and encumbered expenses are $3,833,213 or 9.7% of budget as departments continue to commit to services and supplies for the remainder of the year. The General Fund Expenses are favorable to budget at 64.9% or $16,086,072. Actual expenditures are $13,717,137 or 55.3% and encumbrances are $2,368,935 or 9.6% of budget. Contained within the General Fund encumbrances are: legal fees, Information Technology projects and services, 2022 projected but unexpended energy costs of the General Fund Street Lighting account, installment debt for equipment leased by the Solid Waste and Parks Departments and other contracted expenses throughout the Town. The Highway Fund expenses are greater than the percent of the year that has elapsed at 78.4% or $4,432,295. These costs are typically driven by salt, fuel, roadwork and paving services and materials, such as oil, stone and asphalt. Highway 1 is currently realizing sizable roadwork and paving expenditures, as well as paving material encumbrances. Expenditures in the Library are $1,618,841 or 58% of budget. The Sewer Fund expenses are 61.7% of budget, equating to $2,512,190. Actual expenditures total $2,313,612 (56.8%) and encumbrances of $198,578 account for the remaining 4.9%. Expenses in Stormwater Drainage total $409,265 or 44.3% of budget. Actual expenses are $344,277 or 37.3% and encumbrances account for 7% or $64,988. The expenses, excluding encumbrances, for the Town, as well as the three major funds, are less than the percent of the year that has elapsed at 66.7%. The actual expenditures REGULAR TOWN BOARD MEETING SEPTEMBER 20, 2022 166 percentage, excluding encumbrances, for the Town is 55.5%; the General Fund is 55.3%; Sewer is 56.8%; and 58.6% for the collective highway funds. The General Fund Revenue received is $17,645,146 or 73% of budget. $11,797,475 of Real Estate tax or 100% of budget has been received. 89.3% of PILOT (Payment in Lieu of Tax) or $257,696 has been received. An additional $25,000 is due in September and will make this item whole. The 1st quarter Mortgage Tax of $279,312 or 28.5% of budget has been received. Five months of Sales Tax of $2,740,960 (48.1%) has been received. Other major revenue items expected later in the year include: Aid and Incentives for Municipalities, Franchise Cable TV revenue and the remaining three quarters of mortgage tax. Regarding the Entire Town: $30,511,246 or 78.6% of revenue has been received to date. Approximately $18,165,810 of the amount received is Real Estate Tax. The Library has received $2,748,118 or 98.5% of its budgeted revenue. The Highway Fund has received 80% or $4,519,890 of its budgeted revenue. Sewer has received $3,993,824 or 100% of that fund’s budget. Stormwater Drainage receipts of $856,511 (97.7%) of budget has been received. In addition, American Rescue Funds of $22,455,000 have been received. The use of this funding is restricted for the response to and relief of COVID-19 and can be used to cover costs incurred through December 31, 2024. A special revenue fund has been established to account for these funds. Approximately $16,145,000 has been allocated to projects throughout the Town. On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, the Financial Report was accepted. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED APPROVAL OF MINUTES: On a motion made by Councilmember Wehner, seconded by Councilmember Perticone, the August 9, 2022 Workshop Meeting Minutes were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the August 16, 2022 Regular Town Board Meeting Minutes were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the August 26, 2022 Special Town Board Meeting Minutes were approved. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Absent Town Board Member Romeo Aye Town Board Member Freeman Absent Town Supervisor Fitzpatrick Aye ITEMS FOR BOARD ACTION: 9A2022-1 RESOLUTION AUTHORIZING AN APPOINTMENT TO THE HISTORIC PRESERVATION COMMISSION On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Jennifer Ahrens as a member of the Historic Preservation Commission through December 31, 2022. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-254 9A2022-2 RESOLUTION AUTHORIZING THE HIRING OF A PART-TIME OFFICE CLERK IV IN IRONDEQUOIT’S JUSTICE COURT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Kimberly Fioco as a part-time Office Clerk IV in Irondequoit’s Justice Court. REGULAR TOWN BOARD MEETING SEPTEMBER 20, 2022 167 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-255 9A2022-3 RESOLUTION AUTHORIZING THE HIRING OF A PART-TIME RECREATION ASSISTANT On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Richard Chapman as a part-time Recreation Assistant to work in the Fitness Center of the Irondequoit Community Center. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-256 9A2022-4 RESOLUTION AUTHORIZING THE HIRING OF A PART-TIME RECREATION ASSISTANT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Joseph Lobene as a part-time Recreation Assistant in the Fitness Center of the Irondequoit Community Center. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-257 9A2022-5 RESOLUTION AUTHORIZING THE HIRING OF A FULL-TIME WORKING FOREMAN On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Marc Mastrella as a full-time Working Foreman in the Tree Department of Public Works. Commissioner of Public Works Erin Magee noted that Mr. Mastrella has been with the Town for over 20 years and is extremely knowledgeable and committed to his work. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-258 9A2022-6 RESOLUTION AUTHORIZING THE HIRING OF A POLICE OFFICER On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted approving the hiring of Bradley Lamphier as a Police Officer in the Irondequoit Police Department. Chief of Police Alan Laird stated that Mr. Lamphier will be attending the Police Academy in October and he was No. 1 on the civil service listings. He has completed all aspects of the hiring process of civil service. Mr. Lamphier is a 4-year service Marine Corp. veteran and he comes to Irondequoit highly recommended. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-259 9A2022-7 RESOLUTION AUTHORIZING THE TRANSFER OF A FULL-TIME OFFICE CLERK III IN IRONDEQUOIT’S COMMUNITY SERVICES DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the appointment of Kimberly DeMarco as a full-time Office Clerk III in the Community Services Department. Human Resources Clerk Linda Mosley stated that Ms. DeMarco has permanent competitive status as Office Clerk III with West Irondequoit Central School District, making her eligible for appointment. REGULAR TOWN BOARD MEETING SEPTEMBER 20, 2022 168 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-260 9A2022-8 RESOLUTION AUTHORIZING A REAPPOINTMENT TO THE TOWN LIBRARY BOARD On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the reappointment of Susan Kramarsky as Trustee to the Town Library Board. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-261 9A2022-9 RESOLUTION AUTHORIZING 2022 TAX LEVIES On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted authorizing and ordering that the expenses for work performed by the Town to correct violations of Town Code Chapter 94 and 104, totaling $87,072.83; the Town Supervisor is hereby authorized to adjust the foregoing assessment and levy based upon additional expenses incurred by the Town, as well as fees that are paid to the Town prior to the cut-off date of October 11, 2022. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-262 9A2022-10 RESOLUTION AUTHORIZING ADJUSTMENT OF THE MILEAGE REIMBURSEMENT RATE FOR 2022 TO $0.625 CONSISTENT WITH THE RATE ALLOWED BY THE U.S. INTERNAL REVENUE SERVICE On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing a mileage reimbursement rate of $.625 per mile for any mileage recorded on a personal motor vehicle used for Town business on or after July 1, 2022. Comptroller Diana Marsh stated that this was an increase of $.04 per mile from the beginning of the year. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-263 9A2022-11 RESOLUTION AUTHORIZING THE SUPERVISOR TO MAKE PAYMENT FOR TRAINING PROGRAMS—MOVED TO END OF MEETING 9A2022-12 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AN AGREEMENT TO RECEIVE ZOMBIE 2.0 GRANT FUNDS On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted accepting the additional (Local Initiatives Support Corporation (LISC) funds in the amount of $70,253 and authorizing the Town Supervisor to sign the LISC grant agreement regarding Town zombie properties. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-264 9A2022-13 RESOLUTION AUTHORIZING THE APPROVAL OF THE STANDARD WORKDAY FOR ELECTED OFFICIALS IN THE TOWN OF IRONDEQUOIT On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the Standard Workday and Reporting resolution for the New York State Employees Retirement System. REGULAR TOWN BOARD MEETING SEPTEMBER 20, 2022 169 Human Resources Clerk Linda Mosley stated that this resolution complies with the NYS Pension requirements that establish the standard workday for elected officials that is done for all other employees of the Town. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-265 9A2022-14 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT FOR DIGITAL SERVICES WITH CIVICPLUS FOR A WEBSITE AND DOCUMENT MANAGEMENT SYSTEM On a motion made by Councilmember Perticone, seconded by Councilmember Wehner a resolution was adopted authorizing the use of ARPA funds in the amount of up to $60,000 to engage Civicplus to build a Town website and a document management system for an estimated amount of $47,785.75. Attorney Megan Dorritie stated that Requests for Proposals for both of these services was sent out on July 18, 2022 and three proposals were received and the Selection Committee recommended Civicplus. The Bonadio Group, Consultant for ARPA funding to the Town stated that ARPA funds could be used for these services. Supervisor Fitzpatrick added that forms and applications will now be available online and it will be easier to maneuver the Town’s website. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-266 9A2022-15 RESOLUTION AUTHORIZING THE PURCHASE OF ONE 2023 FORD POLICE INTERCEPTOR UTILITY AWD SUV TO BE USED BY THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Freeman, a resolution was adopted approving the purchase of one new 2023 Ford Utility Police Interceptor AWD Vehicle from VanBortel Ford in the amount of $45,090.29. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-267 9A2022-16 RESOLUTION AUTHORIZING THE PURCHASE OF TWO 2023 FORD POLICE INTERCEPTOR UTILITY HYBRID AWD SUV TO BE USED BY THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the purchase of two new 2023 Ford Utility Police Interceptor Utility Hybrid AWD vehicles from Genesee Valley in the amount of $97,520. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-268 9A2022-17 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT FOR ELECTRICAL STAKE OUT SERVICES On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the request for electrical stake out services with USIC Locating Services, LLC for the Town of Irondequoit. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-269 9A2022-18 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT FOR WATER COOLERS AT VARIOUS TOWN FACILITIES REGULAR TOWN BOARD MEETING SEPTEMBER 20, 2022 170 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the contract with Quench for the rental and service of water coolers throughout various Town facilities for a monthly cost of $291.90 for a three- year period. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-270 9A2022-19 RESOLUTION APPROVING THE REVISED FEE SCHEDULE FOR THE IRONDEQUOIT CEMETERY On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the Revised Fee Schedule for the Irondequoit Cemetery to take effect beginning October 1, 2022. Commissioner of Public Works Erin Magee stated that this revised fee schedule is necessary and appropriate taking into account the new columbarium coming to the cemetery on which site work has begun. With the new fee schedule, people can begin booking spots at the columbarium and the added revenue will allow the Town to maintain the cemetery. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-271 9A2022-20 RESOLUTION AUTHORIZING THE 2023 SPECIAL EVENTS CALENDAR On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted authorizing the Supervisor or designee to set the Special Events Calendar, including any modifications related to date, time, or location as necessary; schedule parades for Memorial Day and July 4th Celebrations; and negotiate and enter into agreements related to the 2023 Special Events as they might apply. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-272 9A2022-21 RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING FOR E.R.A.S.E. ANNUAL JUNETEENTH EVENT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving and authorizing the Supervisor to enter into a Memorandum of Understanding with E.R.A.S.E. for the planning, hosting, and conducting of the E.R.A.S.E. Annual Juneteenth Event. Attorney Megan Dorritie explained that E.R.A.S.E. is a tax-exempt, non-profit organization dedicated to eradicating racism in all forms, promoting activism and improving equity through diversity. On June 19, 2022, the Town partnered with E.R.A.S.E to host the third annual Juneteenth Event at the Town Hall. The event was a huge success, and the Town wishes to enter into a Memorandum of Understanding with E.R.A.S.E., setting forth the Town and E.R.A.S.E.’s roles in planning, hosting and conducting annual Juneteenth event. Councilmember Freeman’s commented on this resolution, stating that she will be voting “Nay”; said statement is attached to these minutes. Supervisor Fitzpatrick added that the Town enjoyed working with E.R.A.S.E. and finds them to be the front runner for this holiday. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Nay Town Supervisor Fitzpatrick Aye Resolution Number 2022-273 REGULAR TOWN BOARD MEETING SEPTEMBER 20, 2022 171 9A2022-22 RESOLUTION CALLING FOR A PUBLIC HEARING OF COMPLAINT FOR DISCIPLINE OF ZONING BOARD OF APPEALS MEMBER--PULLED 9A2022-23 RESOLUTION AUTHORIZING JACOMB, LLC TO SUBMIT GRANT APPLICATIONS FOR FUNDING TO CONSTRUCT INFRASTRUCTURE TO SUPPORT ELECTRIC VEHICLES On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted authorizing Jacomb, LLC to prepare and submit applications in 2022 on behalf of the Town to the RG&E Incentive and the DEC Grant at no cost to the Town. Attorney Dorritie explained that there are several grants that are available through RG&E and NYSDEC for a Town to install charging stations for electric vehicles. Jacomb, LLC is a consulting organization that has offered to put together grant applications for funding to the Town and there will not be a charge incurred. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2022-274 On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, pursuant to Public Officers Law Section 105(d), an Executive Session was called at 7:32 p.m. to discuss legal advice. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED EXECUTIVE SESSION On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, the Executive Session was adjourned at 8:00 p.m. and the Regular Town Board Meeting was reconvened. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Upcoming Meetings: Town Workshop Meeting: Tuesday, October 11, 2022 @ 4 PM Regular Town Board Meeting: Tuesday, October 18, 2022 @ 7 PM. On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the Regular Town Board Meeting was adjourned at 8:01 p.m. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk 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 18th day of October 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 Ramon Vega Vazquez as a part time School Traffic Guard; and WHEREAS, this is a non-competitive position, and no civil service examination is necessary to be eligible for this position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the hiring of Ramon Vega Vazquez 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 SECOND 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 18th day of October 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 Paul Afton as a part time School Traffic Guard; and WHEREAS, this is a non-competitive position, and no civil service examination is necessary to be eligible for this position. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the hiring of Paul Afton 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 MEETING OF THE TOWN BOARD AUTHORIZING A SETTLEMENT AGREEMENT WITH CRANBERRY LANDING LLC At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 18th of October, 2022 at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________ offered the following resolution and moved its adoption: WHEREAS, a stipulation and consent order for the Article 7 proceedings brought by Cranberry Landing LLC has been submitted by Amy Jorstad, the Assessor for the Town of Irondequoit, and recommended by Daniel Brennan, special counsel for the Town of Irondequoit for tax certiorari matters. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit formally approves, and to the extent necessary, ratifies, the stipulation and consent order with Cranberry Landing LLC on the following terms: 1. The assessment for Cranberry Landing LLC for the 2014 through 2016 tax years shall be reduced from $6,000,000 to $3,833,500 for tax parcel 092.15-1-23.1 (“Stipulated Reduced Assessment”). Refunds are to be paid on taxes paid and collected in excess of the Stipulated Reduced Assessment. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Perticone voting __________ Town Board Member Romeo voting __________ Town Board Member Freeman voting __________ Town Supervisor Fitzpatrick voting _________ 1 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE In the Matter of the Application of CRANBERRY LANDING LLC, STIPULATION OF SETTLEMENT Petitioner, AND ORDER -vs- ASSESSOR FOR THE TOWN OF IRONDEQUOIT, Index Nos.: TOWN OF IRONDEQUOIT BOARD OF ASSESSMENT 2014-8490 REVIEW and TOWN OF IRONDEQUOIT, 2015-8367 2016-8366 Respondents, 2017-7571 EAST IRONDEQUOIT CENTRAL SCHOOL DISTRICT, Intervenor-Respondent. For a Review of a Tax Assessment under Article 7 of the Real Property Tax Law. WHEREAS, Petitioner Cranberry Landing LLC (“Petitioner”), by and through its attorneys, Barclay Damon LLP, has commenced the above-captioned tax certiorari proceedings (“Proceedings”) under Real Property Tax Law, Article 7 against Respondents Town of Irondequoit (“Town”) and Intervenor-Respondents East Irondequoit Central School District (“School District”); and WHEREAS, Petitioner, the Town, and the School District are collectively referred to as the “Parties,” and WHEREAS, the Parties have engaged in settlement discussions and have agreed to fully resolve their differences without further litigation upon the terms of this Stipulation and Order of Settlement (“Stipulation and Order”); and 2 WHEREAS, the Parties agree that the Proceedings shall be settled and discontinued based upon the terms set forth in this Stipulation and Order; and NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective Parties herein: 1. The real property at issue in the Proceedings is situated in the Town of Irondequoit and described on the Town’s assessment rolls for the relevant tax years as follows (“Property”): Property Description Tax Parcel No. 300 Cranberry Landing Drive 092.15-1-23.1 Town of Irondequoit 2. The above-captioned proceedings shall be consolidated for purposes of this settlement. 3. The Parties agree the total assessed value of the Property shall be reduced as set forth below: Tax Year Taxable Status Date Tax Parcel Current Assessment Stipulated Reduced Assessment 2014 March 1, 2014 092.15-1-23.1 $6,000,000 $3,833,500 2015 March 1, 2015 092.15-1-23.1 $6,000,000 $3,833,500 2016 March 1, 2016 092.15-1-23.1 $6,000,000 $3,833,500 2017 March 1, 2017 092.15-1-23.1 $6,000,000 $6,000,000 4. The officials of the County of Monroe, the Town of Irondequoit, the East Irondequoit Central School District, and every other taxing entity, district or municipal corporation having custody of or levying taxes upon the basis of said assessment rolls or any copies thereof, be directed and So Ordered to make or cause to be made on the property books 3 and records the entries and changes necessary to correct said assessment pursuant to Paragraphs 1 and 3 herein. 5. Refunds of the taxes paid and collected in excess of the Stipulated Reduced Assessments shall be made by the County of Monroe, the Town of Irondequoit, the East Irondequoit Central School District and any other affected taxing entity, without interest, so long as payment is received by Petitioner’s attorney within sixty days (60) from receipt of the Demand for Refund. If payment is not received within said sixty-day period, statutory interest shall be calculated and paid from the respective dates of payment. 6. The provisions Real Property Tax Law §727 shall apply to the terms of the settlement. 7. This Stipulation and Order: a. Shall not affect the assessment levied upon any other parcel or parcels of real property in the Town of Irondequoit; and b. Is entered into to resolve the pending proceedings and in no event shall it be ordered or admitted in any other proceeding by the parties or any third parties as competent evidence of any fact. 8. The Parties acknowledge that this Stipulation and Order is entered into for good and valuable consideration and that no costs or allowances shall be awarded to, by or against the Parties. 9. The Proceedings shall be discontinued, with prejudice. 10. An executed copy of the Stipulation and Order, with Notice of Entry, shall be entered and docketed in the Monroe County Clerk’s Office and be filed among the Assessor’s permanent records. 4 Petitioner Town of Irondequoit By: __________________________ By:_____________________________ James S. Grossman, Esq. Daniel F. Brennan, Esq. Emanuela D’Ambrogio, Esq. Davidson Fink Barclay Damon LLP Attorneys for Respondent Attorneys for Petitioner Town of Irondequoit 125 East Jefferson Street 400 Meridian Centre Blvd., Suite 200 Syracuse, New York 13202 Rochester, NY 14618 (315) 425-2887 (585) 756-5929 East Irondequoit Central School District By: _____________________________ Jeffrey M. Lewis, Esq. Ferrara Fiorenza PC Attorneys for Intervenor-Respondent East Irondequoit Central School District 5010 Campuswood Drive East Syracuse, New York 13057 (315) 437-7600 SO ORDERED: Hon. J. Scott Odorisi ENTERED: Town Tax Refund Calculations-300 Cranberry Landing Dr-Cranberry Landing Owner LLC Assessment Actual Revised Roll Actual Taxable Revised Taxable Year Effective Assessment Assessment Assessment Assessment Reduction Tax Rate Refund 2013 January 2014 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 6.52 $14,125.58 2014 January 2015 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 6.51 $14,103.92 2015 January 2016 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 6.51 $14,103.92 2016 January 2017 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 6.52 $14,125.58 Town Total:$56,458.99 All Refunds:Town $56,458.99 County $68,093.10 School $195,721.61 Special Dist.$21,859.99 300 Cranberry Landing Dr Total Refunds:$342,133.68 SBL # 092.15-1-23.1 Property currently being used as an Assisted Living Complex Refund calculations are estimates only Actual refunds are calculated at each jurisdictional level and may be more precise Prepared 9/29/2022 County Tax Refund Calculations-300 Cranberry Landing Dr-Cranberry Landing Owner LLC Assessment Actual Revised Roll Actual Taxable Revised Taxable Year Effective Assessment Assessment Assessment Assessment Reduction Tax Rate Refund 2013 January 2014 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 6.52 $14,125.58 2014 January 2015 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 8.21 $17,786.97 2015 January 2016 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 8.32 $18,025.28 2016 January 2017 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 8.38 $18,155.27 Total:$68,093.10 School Tax Refund Calculations-300 Cranberry Landing Dr-Cranberry Landing Owner LLC Assessment Actual Revised Roll Actual Taxable Revised Taxable Year Effective Assessment Assessment Assessment Assessment Reduction Tax Rate Refund 2014 January 2015 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 29.70 64,345.05 2015 January 2016 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 30.20 65,428.30 2016 January 2017 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 30.44 65,948.26 Town Total 195,721.61 Special District Tax Refund Calculations-300 Cranberry Landing Dr-Cranberry Landing Owner LLC Assessment Actual Revised Roll Actual Taxable Revised Taxable Year Effective Assessment Assessment Assessment Assessment Reduction Tax Rate Refund 2013 January 2014 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 $2.39 $5,177.94 2014 January 2015 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 $2.46 $5,329.59 2015 January 2016 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 $2.60 $5,632.90 2016 January 2017 $6,000,000 $6,000,000 $3,833,500 $3,833,500 $2,166,500 $2.64 $5,719.56 Town Total $21,859.99 Resolution No. 2022-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD AUTHORIZING A SETTLEMENT AGREEMENT WITH ROCHESTER CRANBERRY LANDING OWNERS, LLC At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 18th of October, 2022 at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________ offered the following resolution and moved its adoption: WHEREAS, a stipulation and consent order for the Article 7 proceedings brought by Rochester Cranberry Landing Owners, LLC has been submitted by Amy Jorstad, the Assessor for the Town of Irondequoit, and recommended by Daniel Brennan, special counsel for the Town of Irondequoit for tax certiorari matters. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit formally approves, and to the extent necessary, ratifies, the stipulation and consent order with Rochester Cranberry Landing Owners, LLC on the following terms: 1. The total assessment for Rochester Cranberry Landing Owners, LLC for the 2022 year shall be reduced from $4,285,800 to $3,000,000 for tax parcels 092.15-1-24, 092.15-1-23.1 and 092.15-1-23.2. 2. The parties agree that RPTL § 727 shall apply to this settlement for the 2023, 2024 and 2025 Tax Years (the “Moratorium Period”). However, the market value used to set the assessment during the Moratorium Period shall be $3,846,153 and the assessed value is not to be below $3,500,000. 3. The assessments for Rochester Cranberry Landing Owners, LLC for the 2018 through and 2021 years shall total the following for tax parcels 092.15-1-24, 092.15-1-23.1 and 092.15-1-23.2. Refunds are to be paid on taxes paid and collected in excess of the Stipulated Reduced Assessments as follows: Tax Year Stipulated Assessment a. 2018 $3,673,650 b. 2019 $3,639,687 c. 2020 $3,467,812 d. 2021 $3,437,750 This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Perticone voting __________ Town Board Member Romeo voting __________ Town Board Member Freeman voting __________ Town Supervisor Fitzpatrick voting _________ STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE In the Matter of ROCHESTER CRANBERRY LANDING OWNERS, LLC Petitioner, -vs- THE BOARD OF ASSESSOR AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF IRONDEQUOIT, Respondents. THE EAST IRONDEQUOIT SCHOOL DISTRICT Intervenor Respondents. STIPULATION OF SETTLEMENT Index Nos. E2018005168 E2019006336 E2020004773 E2021006254 E2022005479 Tax Year: 2018, 2019, 2020,2021,2022 Property Address: 300 Cranberry Landing Drive Rochester, NY 14609 Tax Map Nos.: 092.15-1-21 092.15-1-23.1,092.15-1-23.2 WHEREAS, Petitioner, ROCHESTER CRANBERRY LANDING OWNERS, LLC("Petitioner"), by and through its attorney, Schroder & Strom, LLP, ( Edward C. Mohlenhoff, Esq., of counsel), has commenced the above -captioned tax certiorari proceedings ("Proceedings") under Real Property Tax Law, Article 7 against Respondent the Board of Assessors and the Board of Assessment Review of the Town of IRONDEQUOIT ("Town"), represented by their attorneys Davidson Fink Attorneys at Law, LLP (Daniel F. Brennan, Esq., of counsel) and Intervenor Respondents for The East Irondequoit School District represented by their attorney Ferrara Fiorenza PC (Jeffrey M. Lewis, Esq., of counsel) and WHEREAS, Petitioner and the Town are collectively referred to as the "Parties," and WHEREAS, the Parties have engaged in settlement discussions and have agreed to fully resolve their differences without further litigation upon the terms of this Stipulation of Settlement ("Stipulation"); and WHEREAS, the Parties agree that the Proceedings shall be settled based upon the terms set forth in this Stipulation; and NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective Parties herein: 1. The real property at issue in the Proceedings is situated in the Town of IRONDEQUOIT and described on the Town's assessment rolls for the relevant tax years as follows ("Property"): Property Description Tax Parcel No. 300 Cranberry Landing Drive 92.15-1-21, 95.15-1-23.1 Town of Irondequoit, New Yorlc 92.15-1-23.2 2. The above -captioned proceedings shall be consolidated for purposes of this settlement. 3. The Parties agree the total assessed value of the Property shall be reduced as set forth below: Tax Year Taxable Status Tax Parcel Current Stipulated Reduced Date Assessment Assessment 2018 March 1,2018 92.15-1-21, $7,249,100 $3,673,650 92.15- 1-23.1, 92.15-1-23.2 2019 March 1,2019 92.15-1-21, $7,264,100 $3,639,687 92.15- 1-23.1, 92.15-1-23.2 2020 March 1,2020 92.15-1-21, $7,264,100 $3,467,812 92.15- 1-23.1, 92.15-1-23.2 2021 March 1,2021 92.15-1-21, $7,264,100 $3,437,750 92.15- 1-23.1, 92.15-1-23.2 2022 March 1,2022 92.15-1-21, 92.15- 1-23.1, 92.15-1-23.2 $4,285,800 $3,051,900 4. The officials of the County of Monroe, the Town of IRONDEQUOIT, the East Irondequoit School District, and every other taxing entity, district or municipal corporation having custody of or levying taxes upon the basis of said assessment rolls or any copies thereof, be directed and So Ordered to make or cause to be made on the property books and records the entries and changes necessary to correct said assessment pursuant to Paragraphs 1 and 3 herein. 5. Refunds of the taxes paid and collected in excess of the Stipulated Reduced Assessments shall be made by the County of Monroe, the Town of IRONDEQUOIT, the East Irondequoit School District, and any other affected taxing entity, without interest, so long as payment is received by Petitioner's attorney within sixty days (60) from receipt of the Demand for Refund. If payment is not received within said sixty-day period, statutory interest shall be calculated and paid from the respective dates of payment. 6. The provisions of Real Property Tax Law §727 shall apply to the terms of the settlement for the 2023, 2024 and 2025, during which the Property shall be assessed based on a fair market value of $3,846,153 and the assessed value of each of those years shall not be less than $3,500,000. 7. The Parties acknowledge that this Stipulation is entered into for good and valuable consideration and that no costs or allowances shall be awarded to, by or against the Parties. 8. An executed copy of the Stipulation, shall be entered and docketed in the Monroe County Clerk's Office and the Stipulation with Notice of Entry be filed among the Assessor's permanent records. Dated: Dated: , 2022 SCHRODER & STROM, LLP ("/:%- ward C. Mohlenhoff, Esq. Attorneys for Petitioner 114 Old Country Road, Ste. 218 Mineola, New York 11501 (516)-742-7430 , 2022 DAVIDSON FINK ATTORNEYS AT LAW, LLP Daniel F. Brennan, Esq. Attorneys for Respondent 400 Meridian Centre, Suite 200 Rochester, NY 14618 (585) 544-6448 , 2022 FERRARA FIORENZA PC Jeffrey M. Lewis, Esq Attorneys for Intervenor -Respondent 5010 Campuswood Drive East Syracuse, New York 13057 (315) 437-7600 Town Tax Refund Calculations-300 Cranberry Landing Dr- Rochester Cranberry Landing LLC Assessment Actual Revised Roll Actual Taxable Revised Taxable Year Effective Assessment Assessment Assessment Assessment Reduction Tax Rate Refund 2018 January 2019 $6,000,000 $6,000,000 $3,621,750 $3,621,750 $2,378,250 $6.04 $14,364.63 2019 January 2020 $7,197,200 $7,197,200 $3,587,787 $3,587,787 $3,609,413 $6.17 $22,270.08 2020 January 2021 $7,212,200 $7,212,200 $3,415,912 $3,415,912 $3,796,288 $6.42 $24,372.17 2021 January 2022 $7,212,200 $7,212,200 $3,385,580 $3,385,580 $3,826,620 $6.41 $24,528.63 Town Total:$85,535.51 All Refunds:Town $85,535.51 County $116,939.00 School $534,919.84 Special Dist.$50,768.60 300 Cranberry Landing Dr Total Refunds:$788,162.95 SBL # 092.15-1-23.1 Property currently being used as an Assisted Living Complex Refund calculations are estimates only Actual refunds are calculated at each jurisdictional level and may be more precise Prepared 9/29/2022 County Tax Refund Calculations-300 Cranberry Landing Dr- Rochester Cranberry Landing LLC Assessment Actual Revised Roll Actual Taxable Revised Taxable Year Effective Assessment Assessment Assessment Assessment Reduction Tax Rate Refund 2018 January 2019 $6,000,000 $6,000,000 $3,621,750 $3,621,750 $2,378,250 $8.94 $21,261.56 2019 January 2020 $7,197,200 $7,197,200 $3,587,787 $3,587,787 $3,609,413 $8.27 $29,849.85 2020 January 2021 $7,212,200 $7,212,200 $3,415,912 $3,415,912 $3,796,288 $8.51 $32,306.41 2021 January 2022 $7,212,200 $7,212,200 $3,385,580 $3,385,580 $3,826,620 $8.76 $33,521.19 Total:$116,939.00 School Tax Refund Calculations-300 Cranberry Landing Dr- Rochester Cranberry Landing LLC Assessment Actual Revised Roll Actual Taxable Revised Taxable Year Effective Assessment Assessment Assessment Assessment Reduction Tax Rate Refund 2018 January 2019 $6,000,000 $6,000,000 $3,621,750 $3,621,750 $2,378,250 28.55 67,899.04 2019 January 2020 $7,197,200 $7,197,200 $3,587,787 $3,587,787 $3,609,413 29.18 105,322.67 2020 January 2021 $7,212,200 $7,212,200 $3,415,912 $3,415,912 $3,796,288 30.04 114,040.49 2021 January 2022 $7,212,200 $7,212,200 $3,385,580 $3,385,580 $3,826,620 30.53 116,826.71 2022 January 2023 $7,212,200 $7,212,200 $3,000,000 $3,000,000 $4,212,200 31.06 130,830.93 Town Total:534,919.84 Special District Tax Refund Calculations-300 Cranberry Landing Dr- Rochester Cranberry Landing LLC Assessment Actual Revised Roll Actual Taxable Revised Taxable Year Effective Assessment Assessment Assessment Assessment Reduction Tax Rate Refund 2018 January 2019 $6,000,000 $6,000,000 $3,621,750 $3,621,750 $2,378,250 $2.48 $5,898.06 2019 January 2020 $7,197,200 $7,197,200 $3,587,787 $3,587,787 $3,609,413 $3.30 $11,911.06 2020 January 2021 $7,212,200 $7,212,200 $3,415,912 $3,415,912 $3,796,288 $3.38 $12,831.45 2021 January 2022 $7,212,200 $7,212,200 $3,385,580 $3,385,580 $3,826,620 $5.26 $20,128.02 Town Total:$50,768.60 Resolution No. 2022- __________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD CALLING FOR A PUBLIC HEARING ON THE MATTER OF GRANTING A SPECIAL USE PERMIT FOR 367 TITUS AVENUE IN THE R-1 RESIDENTIAL DISTRICT AND REFERRING SAME TO THE PLANNING BOARD FOR COMMENT 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 18th day of October, 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, Irondequoit Rentals, LLC, through Mr. Steven Fullone (the “Applicant”), has applied for a Special Use Permit for the property located at 367 Titus Avenue, to operate a child-care center (the “Project”); and WHEREAS, under Town Code § 235-8 B(1)(b) Conditional Uses,” the operation of a child-care center and group child-care facilities requires a special use permit from the Town Board; and WHEREAS, such Special Use Permit may be approved by the Irondequoit Town Board pursuant to Town Law § 274-b; and WHEREAS, pursuant to Town Law § 271(14)(a), the Town Board may by resolution provide for the reference of any matter or class of matters to the Planning Board before final action is taken thereon. NOW, THEREFORE, BE IT RESOLVED, the Town Board shall hold a public hearing on this Special Use Permit application on November 15, 2022 at 7:3Xp.m. at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit. AND BE IT FURTHER RESOLVED, that the Town Board refers the application for a Special Use Permit for the Project to the Planning Board for its reference and report thereon, which report the Town Board requests be provided at or after the public hearing scheduled for November 15, 2022. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Fitzpatrick voting _______ atacrtuf1ceiardim IRONDEQUOITi qiz PROJECT ADDRESS 367 Titus Ave TOTAL AREA OF PROJECT SITE TAX ID NO. 38-3956227 1 PROPERTY OWNER (Print) Irondequoit Rentals LLC ZONING DISTRICT R-1 PHONE 585-738-9680 ADDRESS 451 Heathland Circle Webster, NY ZIP CODE 14580 E-MAIL ADDRESS sfullonel@gmail.com FAX NO. APPLICANT (Print) Steven fullone ADDRESS 451 Heathland Circle Webster, NY PHONE 585-738-9680 ZIP CODE 14580 E-MAIL ADDRESS Sfullonel@gmail.com FAX NO. AGENT PHONE ZIP CODE E-MAIL ADDRESS FAX NO. ADDRESS DESCRIPTION OF PROJECT The applicant appeals to lease a Child-care center at the above listed address of 367 Titus Ave. for use two owners on premises in a R-1 Residential District . The property is located in an R-1 District but has been used for 38 years as a lawyers office. The house is located on a rather large triple lot and has a paved parking lot for 11 cars. The property is surrounded on both sides by single family use, but R-6 prevail diagonally across Titus Avenue to the northeast. APPLICANT OR AGENT (PRINTED): Steven Fullone APPLICANT OR AGENT (SIGNATURE(S): � n' Pi JZ2 DATE 9/25/22 FEE $ 60, 00 (Do Not Write Below This Line/Official Town Staff Use Only) DATE APPLICATION RECEIVED: Application Meeting/Public Hearing Dates Application Accepted and Required Referral(s) Issued: N TleD t• -t1_ Public Hearing Date (Please note: more than one rt [S hearing date may be required): C'� `l (4V\ (A Planning Board Referral (if required): 4(j [ 1 \2i)2 2. Other Required Dates (if required) T Po MT \ 15 I ) 2_ qt7,4W-2-- 10- 235-3 15(I b) — Atli -61d 4: D\ 1281) TITUS ,AVENUE • ROCHESTER, NEW YORK 14617 • PHONE: (585) 467-8841) • WWN.IRONDE000I'I'.ORG Town of Irondequoit, NY Monday, September 26, 2022 Chapter 235. Zoning Article IV. R -R, R-1, R-2 and R-3 Residential Districts [Amended 12-28-1987 by L.L. No. 5-1987; 1-21-1988 by L.L. No. 1-1988; L.L. No. 5-1992; 2-4-1997 by L.L. No. 1-1997; 6- 17-1997 by L.L. No. 4-1997; 7-17-2007 by L.L. No. 4-2007; 2-17-2009 by L.L. No. 1-2009; 3-9-2015 by L.L. No. 2-2015; 1- 19-2021 by L.L. No. 1-2021] § 235-8. Permitted and conditional uses. A. Permitted uses. In R -R, R-1, R-2 and R-3 Residential Districts, the following uses are permitted: (1) Single-family dwellings. (2) Churches or similar places of worship, parish houses, convents, rectories or parsonages. (3) Private, nonprofit, elementary or secondary schools accredited by the New York State Department of Education, public hospitals, public libraries and municipal and special district buildings, provided that no such buildings shall be located within 50 feet of any adjoining lot line. (4) Fire stations without club facilities. (5) Public parks, playgrounds and trails, and similar public recreational areas. (6) Farms, greenhouses, plant nurseries and riding stables lawfully existing on the effective date of this chapter, provided that: (a) No new building or structure shall be constructed nor existing buildings or structures enlarged, converted or moved in which horses or other farm animals are kept, unless such building is at least 100 feet from any lot line. (b) No storage of manure or other odor- or dust -producing substance shall be permitted within 100 feet of any lot line. (7) Home occupations. (a) "Home occupation" is defined for the purpose of this section as any activity involving the sale, manufacture or provision of goods and/or services for monetary gain. The home occupation must be incidental and subordinate to the use of the premises as a residential dwelling unit. The home occupation cannot require exterior alteration of the property that changes the residential character of the home or otherwise negatively affects the residential character of the neighborhood. (b) Home occupations shall include: general office, business, and professional services (e.g., computer services, doctors, counselors, bookkeeping, etc.); studios/work spaces for crafts, fine arts, cooking, etc.; direct sales product distribution; and individual or small group instruction (e.g., music lessons, etc.). (c) Home occupations shall not include the following: retail sales; firewood sales; firearms sales; medical or nursing home facilities; funeral home; restaurant; motel, hotel, rooming house, kennels, animal hospital, mortuary; personal services (e.g., spa, piercing, tattoo, hairdresser); welding; large appliance repair; storage facility; repair, storage and/or painting of motorized vehicles or boats; place of amusement; dance, aerobic exercise, martial art studio; and any use similar to the above. (d) The following limits and restrictions apply to permitted home occupations: [1] Not more than 25% of the total gross floor area of the primary dwelling unit may be used for a home occupation. [2] All home occupations shall be conducted wholly within the primary dwelling unit exclusive of any accessory structures. Outside storage and/or display of goods is prohibited. Interior display and/or storage of goods shall not be visible from the outside of the residence. [4] No more than one employee in addition to the resident(s) of the dwelling unit. [5] No home occupation shall require trash and recyclables pickup in excess of that required normally in single-family dwelling residential areas. [6] No signage related to the home occupation shall be displayed on the property. [3] [7] The use of noxious, combustible, corrosive, flammable, explosive, radioactive or other materials that would endanger the health and safety of the occupants and the surrounding residents is prohibited. The use shall not produce offensive noise, odors, vibrations, smoke, fumes, heat, or dust detectable to normal sensory perception beyond the premises. (e) Application and approval required. [1] Owners of home occupations shall submit a completed home occupation application form, with applicable fee, to the Director of Community Development for approval. If the resident is not the property owner, the application must include written and signed permission from the property owner. [2] Home occupation approval ceases at the time the property is sold. [3] If the application is denied, the owner of a home occupation may appeal the decision of the Director of Community Development to the Zoning Board of Appeals. B. Conditional uses. (1) In the R -R, R-1, R-2 and R-3 Residential Districts, the following uses are permitted only if a special use permit is granted by the Town Board: (a) Offices and facilities associated with a nonprofit organization; (b) Child-care center and group child-care facilities; (c) "Tiny house"; and (d) One additional in-law dwelling unit, attached or detached, subject to the bulk regulations provided in §§ 235-9, 235-10 and 235-11. (2) Review and approval required. (a) Application. An application for special use permit shall be submitted to the Town's Department of Community Development and include the required form(s) and supporting document(s) set forth by that Department. (b) Town Board review. The Town Board must adopt a resolution acknowledging receipt of the complete application for special use permit. At that time, the public hearing date will be set, and the application will be referred to the Planning Board and any other required agency(ies) for comment on the proposed use. (c) Public hearing and decision. Once the public hearing has been conducted and closed, the Board may render its decision. (d) Projects requiring site plan approval. Application to the Planning Board for site plan approval will be required for any proposed conditional use that involves the creation of an additional in-law dwelling unit (accessory apartment or detached accessory structure), the construction or installation of a new principal structure, and/or any development classified as an "unlisted" or a "Type I" action under the State Environmental Quality Review Act (SEQRA), in accordance with Article XV of this chapter. For proposed tiny houses, the Planning Board's discretion to establish required setbacks during site plan review and/or the Town Engineer. § 235-9. Maximum height. A single-family dwelling unit shall not exceed the height of a two-story residential building measured from the mean grade at the front setback, not to exceed 30 feet in height as defined in Article 11. Permitted nonresidential buildings, as defined in § 235-8A(2), (3) and (4), shall not exceed 65 feet in height. § 235-10. Lot coverage. The area of the principal and accessory buildings on any lot measured horizontally shall not exceed 25% of the area of such lot. § 235-11. Lot and bulk requirements. A. Minimum lot size. Any new lot created in these districts shall have the following minimum dimensions: Lot Width Minimum Lot Depth Minimum Lot Area Zoning District (feet) (feet) (square feet) R-1, R-2, R-3 80 120 9,600 R -R 150 300 45,000 B. Front yard setback. (1) In R-1, R-2 and R-3 Districts, the minimum front yard shall be at least 30 feet, and the front building line cannot vary more than five feet from the front building line of properties immediately adjacent. (a) For structures that meet the minimum front yard requirements, front and rear building entrance platforms (e.g., porches, decks and stoops) and protective coverings (e.g., awning, porticos, porch roof, etc.) may project into the required front yard setback if the size of the platform or covering is less than 60 square feet and less than six feet in depth. Attached platforms must maintain a twenty -foot setback to front lot line. (b) For structures that do not meet the minimum front yard setback requirements, entry platforms and coverings may be up to 20 square feet and four feet in depth. (2) In the R -R District, the minimum front setback shall be at least 50 feet and no more than 75 feet. (3) The front yard depth of lots located on the inside part of a curve shall be measured from the nearest point of the arc establishing the front line of the lot to the front wall of the main building. (4) In the case of a building on a through lot, the minimum front yard depth shall be required on both streets for principal and accessory structures, except for boundary fencing. Proposed boundary fencing on a through lot may be administratively reviewed and approved by the Director of Community Development. As part of the administrative review, the Director will consider unique natural and physical features of the lot and potential impacts to site distance, view sheds and neighborhood character. Front yard fence regulations outlined in § 235-69 shall apply to the yard that provides the lot's primary access to the street. In the case of a corner lot, the minimum front yard setback for principal and accessory structures shall apply to all yards adjacent to a street. Accessory structures must comply with the provisions outlined in § 235-13. C. Side yard setback. The principal building or structure must maintain a minimum side yard setback equal to 10% of the width of the lot, with a minimum of five feet. In the R-1, R-2 and R-3 Districts, the minimum required side setback is capped at 15 feet, and in the R -R Districts, the minimum required side setback is capped at 25 feet. (1) Side yard setback exception. Detached accessory structures shall meet setbacks set forth in § 235-13. D. Rear yard. In the R-1, R-2 and R-3 Districts, there shall be a minimum depth of 30 feet between the rear lot line and the principal structure. In the R -R Districts, the minimum rear yard depth shall be 50 feet. Decks attached to the primary structure shall maintain a minimum setback of 20 feet from the lot line in R -R, R-1, R-2, and R-3. § 235-12. Minimum building size. A. No residential building, except for an approved tiny house, shall contain a floor area and a ground floor area of less than the following: Minimum Ground Floor Area Minimum Total Floor Area (square feet) Zoning District (square feet) 1 -Story Dwelling 1.5- and 2 -Story Dwelling R -R 1,300 1,300 700 R-1 1,100 1,100 600 R-2 900 900 550 R-3 750 750 500 B. In determining such area, the measurements shall be made along the exterior of the main foundation walls of the building and shall only include conditioned interior space. Attached garages, three -season rooms, porches, breezeways or similar are excluded from the calculation. § 235-13. Accessory structures. A. Accessory structures and uses are permitted only in connection with a principal use lawfully existing and in compliance with all applicable requirements of this section and/or this chapter. B. Accessory structures and uses shall include, but are not necessarily limited to, the following: private garages, sheds and storage structures greater than 30 square feet, pergolas, gazebos, private swimming pools, decks, children's playhouses, tennis courts, animal shelters greater than 16 square feet, and other such structures or uses as may be similar in area, extent and purpose. C. Accessory structures and uses shall meet all of the following requirements: (1) Detached accessory structures and uses shall not be located within the front yard. (2) Corner lots. Detached accessory structures installed or constructed on a corner lot shall be located behind the front building line of the principal structure as measured from either street. Side and rear setbacks. Detached accessory structures and uses, excluding private garages, shall be located no closer than four feet to the rear or side property lines and no closer than six feet to the principal building. (4) Height. Detached accessory structures, excluding private garages, shall not be higher than the principal structure or 12 feet, whichever is less. Bulk requirements for private garages are provided in § 235-13D. (3) (5) (5) Accessory structures attached to the principal structure or within six feet of the principal structure, excluding attached decks, shall be considered to be an integral part thereof, and the front, side, and rear setback requirements for the applicable district shall apply. (6) Accessory structures and uses shall be included in the calculation of lot coverage. (7) Storage structures larger than 200 square feet in floor area shall comply with the regulations set forth in § 235-13D. D. Private garages. The following regulations apply to private garages: (1) Maximum height and ground square footage for private garages. (a) In R-1, R-2 and R-3 Districts, the height of any private garage(s) on premises shall not exceed the height of the principal structure or 12 feet, whichever is less. The total ground square footage of the private garage shall not exceed the total floor square footage of the primary structure. Total maximum ground floor square footage shall be 900 square feet, and maximum frontage width shall be 30 feet. (b) In R -R Districts, the height of any private garage(s) on premises shall not exceed the height of the principal structure or 15 feet, whichever is less. The total ground square footage of the private garage shall not exceed the total floor square footage of the primary structure. Maximum ground floor square footage shall be 1,500 square feet, and maximum frontage width shall be 30 feet. (2) Detached garage setbacks. (a) In R-1, R-2 and R-3 Districts, a detached private garage requires a setback of four feet to the rear and side lines of the lot and a setback of eight feet from the residence. [1] On a corner lot, the detached garage requires a thirty-foot setback to the side street line. For lots less than 70 feet in width, the detached garage requires a minimum setback of 15 feet from the street side lot line. (b) In R -R Districts, a detached private garage shall not be located nearer than 15 feet to the rear or side lines of the lot, nor closer than 25 feet from any building used for residential purposes. If erected on a corner lot, the detached garage shall not be located nearer than 50 feet to the side street line. On through lots in R -R Districts, such garages shall be located no closer than 50 feet to either street or right-of-way line. Attached garages shall not protrude more than 10 feet in front of the building line where the home's primary entrance (i.e., front door) is located. (4) No business, occupation, service or residence shall be permitted or conducted in a private garage. An attached garage may provide living quarters on the second floor, but not create a second dwelling unit. Vehicle repairs or maintenance conducted in a private garage must be performed by the resident(s) of the property and only on vehicle(s) owned or leased by the resident(s) of the premises by a resident of the premises. (3) (5) September 25,2022 Irondequoit Town Board 1280 Titus Ave Rochester, NY 14617 Please accept this Letter of Intent as required pursuant to the Irondequoit Town Board Application. The plan is for the two owners of Della's Devine Daycare to lease a childcare facility at 367 Titus Avenue. Della Devine Daycare has been operation for approximately 10 years and currently cares for 7 children. 5 are drop off/ pick up and 2 are all day child care. Being a former resident of Irondequoit for 35 years I understand the challenges in finding a good daycare center. Since the property is adjacent to several elementary schools, I believe it would be a great fit for the neighborhood. Although the building is in an R-1 district, it has been a law office for 38 years and a doctor's office before that. Restoring the property to a two-family home would be extremely challenging, if not impossible. I believe there would be little to no effect on the neighborhood's character or neighboring properties. The house is situated on a sizable lot with enough parking and R-6 uses to the northeast of the property. So, in accordance with the Town of Irondequoit Application procedure for a special permit usage, Irondequoit Rentals LLC is requesting that you accept this letter as the formal letter of intent. Sincerely, Steven Fullone Irondequoit Rentals LLC 585-738-9680 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1— Project Information. The applicant or project sponsor is responsible for the completion of Part 1. 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. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information Irondequoit Rentals LLC Name of Action or Project: Child-care facilities Project Location (describe, and attach a location map): 367 Titus Ave Brief Description of Proposed Action: The applicant appeals to lease a Child-care center at the above listed address of 367 Titus Ave. for use by two owners on premises in a R-1 Residential District . The property is located in an R-1 District but has been used for 38 years as a lawyers office. The house is located on a rather large triple lot and has a paved parking lot for 11 cars. The property is surrounded on both sides by single family use, but R-6 prevail diagonally across Titus Avenue to the northeast. Name of Applicant or Sponsor: Steven Fullone Telephone: 585-738-9680 E -Mail: Sfullone1@gmail.com Address: 451 Heathland Circle City/PO: Webster State: NY Zip Code: 14580 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES ❑ 2. Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval: Request for Special Permit NO YES ❑ ✓ 3. a. Total acreage of the site of the proposed action? .48 acres b. Total acreage to be physically disturbed? 0 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 0 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 12 Urban ❑ Rural (non -agriculture) ❑ Industrial V Commercial 0 Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic • Other(Specify): ❑ Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A 1-1 ■ a ❑ ✓ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: 12 NO YES o 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES MI ❑ Q E �" Q 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES ® ✓ 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES ■ I ✓ 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district 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? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES ./ ❑ IE 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES El Ei ✓ Page 2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ■ Shoreline ❑ Forest ❑ Agricultural/grasslands ■ Early mid -successional ■ Wetland EA Urban MI Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 16. Is the project site located in the 100 -year flood plan? NO YES ✓ ❑ 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES El ❑ V ❑ ✓ ❑ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES 1-1 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES ❑ ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Steven Fullone Date: 9/25/22 Signature: c Pillit,e-42- Title: 9/25/22 PRINT FORM Page 3 of 3 367 TITUS AVE Della Devine Daycare ";z' SEPTEMBER 25, 2022 IRONDEQUOIT RENTALS LLC Steve Fullone 451 Heathland Circle Webster, NY GENERAL NOTES: 1. The sitework for this project shall meet or exceed the "STANDARD SITEWORK SPECIFICATIONS." 2. All necessary inspections and/or certifications required by code and/or utility service companies shall be performed prior to announced building procession and final connection of services. 3. Entire Installation shall meet all applicable codes 4. General Contractor to perform drywall, flooring/carpeting to interior of facility. 5. General Contractor to perform general yard and building clean-up at completion of work. 6. Business may require bus drop off and pick up 7. Parents would use front parking lot for drop off Play /Study AREA ® OFFICE 1 9 1 9x7 STORAGE ® 10x7 KITCHEN 1 I 1 13x7 6x13 t � HALLWAY 1 6 I L\s„....„__ 1 15X17 no.. Omcnvaun fMm 10x12 PLAYROOM PERSONAL 1 .1 1 1 4 1 - COAT ROOM _ BATHROOM STEVEN FULLONE Irondequoit Rentals LLC 367 TITUS AVE, 1 2 ENTERANCE Imo" ROCHESTER, NY 14617 I 1 1 FIRST FLOOR PLAN ....ale et wau I*. 14 0.1..4 .. A101 1= x X1 1: Resolution No. 2022 - EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE CALLING OF A PUBLIC HEARING CONCERNING THE 2023 PRELIMINARY BUDGET 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 18th day of October 2022 at 7:00 P.M. local time; there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member______________________offered the following resolution and moved its adoption: WHEREAS, a Tentative Budget for 2023 was presented to the Town Board; and WHEREAS, the Town Board held a series of workshops to discuss and review the Tentative Budget and to propose changes, if necessary; and WHEREAS, the proposed changes from the workshops were incorporated into the Preliminary Budget; and WHEREAS, pursuant to Town Law Section 108, the Town Board shall hold a public hearing on the preliminary budget showing such changes, alterations and revisions as shall have been made by the Town Board. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a public hearing on the 2023 Preliminary Budget on November 10, 2022 at 7:35 p.m.; and BE IT FURTHER RESOLVED, that the Town Clerk shall publish notice of the public hearing at least once in the official newspaper of the Town at least five days before the date of the public hearing, and such notice shall state the time when and the place where the public hearing will be held, the purpose thereof, and that a copy of the 2023 Preliminary Budget is available at the office of the Town Clerk where it may be inspected by any interested person during office hours. Such notice shall also specify the proposed salaries of each member of the Town Board and shall be posted on the signboard of the Town not later than five days before the day designated for such hearing. 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 ___ _____ 9725287_1 Resolution No. 2022- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD AUTHORIZING THE USE OF FUND BALANCE FOR PAYMENT OF PROJECT COSTS 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 18th of October 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 entered into a Lease Agreement (“Lease”) with 1733 Ridge Rd LLC to utilize space located at the former Irondequoit Mall for the purpose of constructing a community center (the “Irondequoit Community Center”); and WHEREAS, effective January 6, 2020, 1733 Ridge Rd LLC and the Town entered into a project schedule (“Project Schedule”) to delineate their responsibilities with respect to the costs and construction of the Irondequoit Community Center; and WHEREAS, 1733 Ridge Rd LLC conveyed its interest in the Lease and Project Schedule to Skyview Phase I LLC (“Skyview”), to serve as landlord thereunder; and WHEREAS, by the First Amendment to Project Schedule, dated June 22, 2020, Skyview and the Town agreed to the First Amendment to Project Schedule to, among other things, add a new section, Section 15, allocating among the parties certain unforeseen costs; and WHEREAS, the Second Amendment to Project Schedule, dated March 17, 2021 Skyview and the Town agreed to the Second Amendment to Project Schedule to, modify Section 15, allocating among the parties certain unforeseen costs, and WHEREAS, pursuant to the agreements entered into, the Town has received an invoice from Skyview in the amount of $280,050.83 for project costs; and 9725287_1 WHEREAS, this is an unbudgeted expense in the 2022 budget, funds will be made available in account 001.1623.4262 with a transfer of general fund fund balance. NOW, THEREFORE, BE IT RESOLVED, that the Supervisor is hereby authorized to transfer funds from the General Fund fund balance in the amount of $280,050.83 to account 001.1623.4262 and make payment to Skyview in the amount of $280,050.83. 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 ESTABLISHING EMPLOYEE HEALTH INSURANCE RATES FOR 2023 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 18th day of October 2022, at 7:00 P.M. local time: there were PRESENT: Peter Wehner Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Patricia Freeman Town Board Member Rory Fitzpatrick Supervisor Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, the Town of Irondequoit offers health insurance benefits to all full-time employees; and WHEREAS, the Town Board determines the premium contribution rates for employees not represented by a collective bargaining agreement; and WHEREAS, the Town wishes to offer three health plan options in 2023 to non-represented employees at the rates in Exhibit “A”; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the health insurance benefits outlined in Exhibit A. 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 _____________ Exhibit A 2023 BI-WEEKLY MEDICAL INSURANCE RATES (For eligible full-time employees) NON-REPRESENTED STAFF PLAN SINGLE 2-PERSON FAMILY CORE (No HRA) 72.14 162.33 189.90 MID PLAN (No HRA) 90.25 203.07 237.56 HDHP $3,000 / $6,000 5.59 12.59 14.73 DENTAL - CUSTOM PLAN 2.69 6.99 6.99 DENTAL - HIGH PLAN 4.20 10.90 10.90 EYE MED 2.77 5.54 7.21 The High Deductible Health Plan (HDHP) listed above includes a Town-funded Health Savings Account. Unused funds rollover from year-to-year and are the employee’s to keep forever. Tier Annual Town-funded HSA amount Single HDHP $1,040 2-Person or Family HDHP $2,080 The annual allowance for full-time non-represented employees declining medical coverage, provided they can demonstrate medical coverage from another source, is increased from $500 to $2,000 payable in twenty-six (26) pay period installments. Resolution No. 2022- __________ EXTRACT OF MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE 2023 HOLIDAY SCHEDULE FOR ALL TOWN OF IRONDEQUOIT EMPLOYEES 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 18th day of October 2022, at 7:00 P.M. local time: there were PRESENT: Peter Wehner Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Patricia Freeman Town Board Member Rory Fitzpatrick Supervisor Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, each year the Town Board approves a Holiday Schedule for all the Employees of the Town of Irondequoit; and WHEREAS, it is the policy of the Town of Irondequoit to set forth the specific hours of work for employees working for the Town; and WHEREAS, Employees’ work schedules and meal periods are established by the Department Heads with respect to normal business hours, department needs and the collective bargaining agreements; and WHEREAS, the normal business hours for the Town Hall are 8:30 a.m. to 4:30 p.m. Monday through Friday with a one (1) hour lunch; NOW, THEREFORE BE IT RESOLVED, that the Town Board has reviewed and approves the following 2023 Holiday Schedule 1 New Year’s Day (observed*) Monday, January 2, 2023 2 Martin Luther King Jr. Day Monday, January 16, 2023 3 Presidents Day Monday, February 20, 2023 4 Good Friday Friday, April 7, 2023 5 Memorial Day Monday, May 29, 2023 6 Juneteenth Monday, June 19, 2023 7 Day before 4th of July Monday, July 3, 2023 8 Independence Day Tuesday, July 4, 2023 9 Labor Day Monday, September 4, 2023 10 Veterans Day (observed) Friday, November 10, 2023 11 Thanksgiving Thursday, November 23, 2023 12 Day after Thanksgiving Friday, November 24, 2023 13 Christmas Day Monday, December 25, 2023 14 Personal Floating Holiday Unspecified 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 _______ Supervisor Fitzpatrick voting _______ Resolution No. 2022- EXTRACT OF MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION TO RATIFY THE NIGHTSTICK PBA UNIT CONTRACT 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 18th day of October 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 and the Nightstick Club, P.B.A., Inc. (“Union”) are parties to a collective bargaining agreement; and WHEREAS, the current Union Collective Bargaining Agreement will expire on December 31, 2022; and WHEREAS the Town’s Negotiating Team and the Union have come to an agreement regarding the contents of a new Union Collective Bargaining Agreement; and WHEREAS, the Chief of Police recommends entering into this new Collective Bargaining Agreement, and the Town Board has determined that such agreement is in the best interest of the Town of Irondequoit, its residents, and the Irondequoit Police Department. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the new collective bargaining agreement with the Nightstick Club PBA Unit for the term January 1, 2023, through December 31, 2025. This resolution shall take effect on January 1, 2023. 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 ALLOCATING AMERICAN RESCUE PLAN ACT FUNDING AND APPROVING ASSOCIATED PURCHASES 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 18th day of October 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 acknowledges the benefits of establishing a “seed library,” including, among other things, allowing community members to select seeds for home plating free of charge, facilitating seed sharing between gardeners, saving and sharing plant genetics that are of good quality and grow well in the Town’s microclimate, teaching self-reliance and gardening skills, and ensuring food security; and WHEREAS, the Town desires to establish a seed library, with the hope that the Town will realize all the benefits listed above; 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 in the amount of $6,500, to create a seed library; and WHEREAS, funding for this service is available in account #____________ and WHEREAS, 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 allocates ARPA funds in the total amount of $6,500 which will be used toward supplies for the program and funding toward educational programs on gardening and food preparation. 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 AUTHORIZING PAYMENT FOR GENEALOGY TESTING 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 18th day of October 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 Police Department would like to use the resources of the National Center for Missing and Exploited Children (NCMEC) to upload a DNA profile to attempt to identify a Jane Doe case from 1988; and WHEREAS, NCMEC has a working relationship with Bode Technology which allows it to facilitate DNA testing and genealogy at no charge to the law enforcement agency submitting the sample to be tested; and WHEREAS, the Irondequoit Police Department would be responsible for developing a DNA extract and facilitating an upload into the only two genealogy databases accessible to law enforcement agencies. Those databases are GEDmatch and Family Tree DNA (FTDNA); and WHEREAS, the Chief of Police has been advised that GEDmatch and FTDNA are sole source providers of public genealogy databases for law enforcement users; WHEREAS, because GEDmatch and FTDNA are sole providers of the DNA testing required, the Town Board has determined that these services fall within the exception to competitive bidding requirements per §51-5(B)(9) of the Irondequoit Town Code; and WHEREAS, NCMEC will help cover the cost associated with this DNA testing. The expected expense to the Police Department should be no more than $1,250.00, which is available in Police Contracted Services budget 001.3120.4120. NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes payment for genealogy testing in the amount up to $1,250.00; and AND BE IT FURTHER RESOLVED, that the Town Board empowers the Town Supervisor to execute any and all documents related to this expense, provided they are approved by the Attorney for the Town. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member _____________and duly put to vote, which resulted as follows: Town Board Member Wehner voting ______ Town Board Member Perticone voting ______ Town Board Member Romeo voting ______ Town Board Member Freeman voting ______ Town Supervisor Fitzpatrick voting _____ Resolution No. 2022 - ________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING A NON-BINDING LETTER OF UNDERSTANDING WITH THE WEST IRONDEQUOIT SCHOOL DISTRICT TO PROMOTE SCHOOL SAFETY 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 18th day of October, 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 Irondequoit Police Department has an ongoing relationship between with the West Irondequoit Central School District (District) with respect to ensuring a safe school environment; and WHEREAS, the Town shares the District’s belief that providing the best possible education for students in a safe school community is a shared responsibility that requires a commitment to collaboration, cooperation, and effective communication.; and WHEREAS, the Town and District have negotiated the terms of a Non-Binding Letter of Understanding that speaks to the two organizations’ commitment to ensuring a safe learning environment; and WHEREAS, the Town Board believes that the Non-Binding Letter of Understanding is in the best interests of the Town and its residents; and WHEREAS, Section 119-o of the General Municipal Law authorizes municipal corporations, defined to include school districts, to enter into agreements for the performance amongst themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis. NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to execute the Non-Binding Letter of Understanding with the West Irondequoit Central School District, in substantially the form annexed hereto as Exhibit A and in final form as approved by the Attorney for the Town. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ Non-Binding Letter of Understanding As required under New York Education Law § 2801-A, this non-binding letter of understanding is to summarize the ongoing relationship between the Irondequoit Police Department (IPD) and the West Irondequoit Central School District (District) with respect to ensuring a safe school environment. Providing the best possible education for students in a safe school community is a shared responsibility that requires a commitment to collaboration, cooperation, and effective communication. The District and IPD consult and work cooperatively on matters pertaining to overall school safety and security including: (1) participation by members of the IPD on the District and building-level teams responsible for the development and updating of the comprehensive District-Wide School Safety Plan and the individual Building-Level Emergency Response Plans; (2) collaboration, as needed, on threat assessments being carried out by District personnel; and (3) security training, as needed, for District staff. Additionally, in carrying out its regular public safety responsibilities, the IPD responds to the District’s facilities when summoned by District administration or others to handle security and safety issues requiring law enforcement involvement or a police presence. Investigations involving possible infractions of the District’s Code of Conduct and the imposition of discipline thereunder are the sole responsibility of the District’s administration. In the event that a suspected violation of the Code of Conduct is of a nature that warrants police involvement in addition to regular student discipline measures, the District will notify the IPD who will separately initiate its own investigation. If a matter necessitates a criminal investigation within a District school, IPD officers must follow normal police procedures when questioning individuals at school, and specifically in the case of students, notification of parents/guardians as required. In addition, all searches conducted by IPD within the District’s schools and/or on school property must be done in accordance with applicable law. The District and IPD agree to work cooperatively, to the extent reasonable practicable, with respect to the exchange of information for safety and security purposes under applicable State and Federal laws including the Family Educational Rights and Privacy Act (“FERPA”) and the New York Public Officers Law Article 6. IRONDEQUOIT POLICE WEST IRONDEQUOIT DEPARTMENT CENTRAL SCHOOL DISTRICT _________________________ _____________________________ Alan Laird Aaron Johnson, Ed.D. Chief of Police Superintendent of Schools ________________________ _____________________________ Date Date Resolution No. 2022- EXTRACT OF MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING MAINTENANCE AND ENFORCEMENT AGREEMENT 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 18th day of October 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 owners of 3112 and 3088 Bay Front Lane in the Town of Irondequoit, on their own behalf and on behalf of the owners of 3100 Bay Front Lane, 3078 Bay Front Lane, 3074 Bay Front Lane, and 3068 Bay Front Lane (collectively, the “Bay Front Homeowners”) have applied for a permit to construct a private water lateral and related equipment, facilities, and appurtenances (collectively, the “Facilities”) to be located under their properties and within the Town right-of-way, which would involve repairing/rehabilitating existing such facilities with the right-of-way (the “Permit”); and WHEREAS, as a condition to granting the Permit, the Town requires the Bay Front Homeowners to enter into an agreement providing that they shall be solely responsible for construction, installation, maintenance, repair and replacement of the Facilities, and for providing periodic inspection of the Facilities (the “Maintenance and Enforcement Agreement”); and WHEREAS, the Town Board hereby determines that the execution of the Maintenance and Enforcement Agreement is in the best interests of the Town; and WHEREAS, the actions described herein: the execution of the Maintenance and Enforcement Agreement and the work contemplated thereby, constitute a Type II action pursuant to the State Environmental Quality Review Act (“SEQRA”) and accompanying regulations (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”)), and therefore further review under SEQRA is not required at this time. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves, and authorizes the Supervisor to enter into, the Maintenance Enforcement Agreement in substantially such form as annexed hereto and in such final form as approved by the Attorney for the Town, and to execute any and all conveyances, easements, or other such documents as necessary to the foregoing. 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 _______ Record and Return to: MAINTENANCE AND ENFORCEMENT AGREEMENT THIS MAINTENANCE AND ENFORCEMENT AGREEMENT (this “Agreement”) is made and entered into on this _____ day of ____________, 2022 (the “Effective Date”), by and among TOWN OF IRONDEQUOIT, a municipal corporation with an address of 1280 Titus Avenue, Rochester, New York 14617 (the “Town”), DANIEL PROFETTA and JOAN PROFETTA, formerly known as Joan D’Ercole, individuals with an address of 3112 Bay Front Lane South, Rochester, New York 14622 (collectively, “3112 Owner”), DAVID DROZDZIEL, also known as David L. Drozdiel, and DANIEL PROFETTA, individuals with an address of 3088 Bay Front Lane South, Rochester, New York 14622 (“3100 Owner”), DAVID L. DROZDZIEL, also known as David Drozdziel, Trustee under the DAVID L. DROZDZIEL LIVING TRUST DATED JUNE 18, 2019, with an address of 3088 Bay Front Lane South, Rochester, New York 14622 (“3088 Owner”), DAVID L. DROZDZIEL, also known as David Drozdziel, and KAREN NEWMAN, Trustees under the DAVID L. DROZDZIEL LIVING TRUST DATED JUNE 18, 2019, with an address of 3078 Bay Front Lane South, Rochester, New York 14622 (“3078 Owner”), MELISSA STEIN and LAWRENCE CARL STEIN, JR., individuals with an address of 921 Maple Drive, Webster, New York 14580 (collectively, “3068 Owner”), and DAVID DROZDZIEL, also known as David L. Drozdziel, and DANIEL DROZDZIEL, individuals with an address of 3088 Bay Front Lane South, Rochester, New York 14622 (collectively, “3074 Owner”, and together with 3112 Owner, 3100 Owner, 3088 Owner, 3078 Owner, and 3068 Owner, each, an “Owner”, and collectively, “Owners”). RECITALS WHEREAS, 3112 Owner is the owner of that certain real property known as 3112 Bay Front Lane South, located in the Town of Irondequoit, County of Monroe and State of New York with a Tax Identification No. of 077.35-1-54 (the “3112 Property”); WHEREAS, 3100 Owner is the owner of that certain real property known as 3100 Bay Front Lane South, located in the Town of Irondequoit, County of Monroe and State of New York with a Tax Identification No. of 077.35-1-55 (the “3100 Property”); WHEREAS, 3088 Owner is the owner of that certain real property known as 3088 Bay Front Lane South, located in the Town of Irondequoit, County of Monroe and State of New York with a Tax Identification No. of 077.35-1-56 (the “3088 Property”); WHEREAS, 3078 Owner is the owner of that certain real property known as 3078 Bay Front Lane South, located in the Town of Irondequoit, County of Monroe and State of New York with a Tax Identification No. of 077.35-1-57 (the “3078 Property”); 2 WHEREAS, 3074 Owner is the owner of that certain real property known as 3074 Bay Front Lane South, located in the Town of Irondequoit, County of Monroe and State of New York with a Tax Identification No. of 077.35-1-69 (the “3074 Property”) WHEREAS, 3068 Owner is the owner of that certain real property known as 3068 Bay Front Lane South, located in the Town of Irondequoit, County of Monroe and State of New York with a Tax Identification No. of 077.35-1-58 (the “3068 Property”, and together with the 3112 Property, 3100 Property, 3088 Property, 3078 Property, and 3074 Property, each a “Property” and collectively, the “Properties”, all such Properties being depicted on the site plan (the “Site Plan”) attached hereto and made a part hereof as Exhibit A); WHEREAS, 3112 Owner and 3088 Owner, together with or otherwise on behalf of the other Owners, have submitted to the Town an application for a permit (the “Permit”) to construct a private water lateral and related equipment, facilities, and appurtenances (collectively, the “Facilities”), such Facilities to be located under the Properties and within within the Town right- of-way pursuant to that certain Easement Map dated January 7, 2021 and prepared by McMahon Larue Associates PC (the “Easement Map”), such Easement Map being attached hereto and made a part hereof as Exhibit B; WHEREAS, the Town has agreed to grant such Permit, subject to certain terms and conditions, one of which being that the parties enter into a written agreement outlining the parties’ rights, responsibilities, and obligations with respect to the ongoing care and maintenance of the Facilities; and WHEREAS, the parties desire to enter into this Agreement for such purposes. NOW, THEREFORE, the parties hereby agree as follows: 1. Maintenance and Care of Facilities. Owners shall be solely responsible for the construction, installation, maintenance, repair, and replacement of the Facilities, at the Owners’ sole cost and expense, all in accordance with the terms of this Agreement, the terms of the Permit, the Town Code, and as otherwise directed by the Town. The foregoing obligations shall include, but not be limited to, the maintenance and repair the Facilities as necessary to comply with all applicable regulations, specifications, and guidelines set forth in applicable law, the Permit, or otherwise established by the Town. Owners hereby expressly agree and acknowledge that the Owners are solely responsible for the maintenance and care of the Facilities, together with all expenses related thereto, and that the Town assumes no operation, maintenance, or control over the Facilities in any manner whatsoever. 2. Joint and Several Liability. The parties hereby expressly agree and acknowledge that the Facilities shall be jointly and severally owned by the Owners, and that the Owners are jointly and severally liable for all obligations relating thereto (whether set forth in this Agreement, the Permit, or otherwise) and the maintenance and care thereof. Owners hereby agree to establish a means for allocation of responsibilities amongst the parties, and means of collection and distribution of expenses among themselves with respect to any expenses incurred in connection with the maintenance and care of the Facilities. 3 3. Inspections. Owners shall arrange, at their sole cost and expense, for the periodic inspection of the Facilities in the Owners’ reasonable discretion, but in any event no less than once every two (2) years, or otherwise upon the request of the Town in the Town’s sole discretion, to assess the condition and repair of the Facilities. All such inspections shall be performed by a professional engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the Town, within thirty (30) days of any inspection, a written report of its findings, together with any recommended actions necessary for the continued maintenance, repair, and operation of the Facilities. Such report shall be certified to the Owners and the Town. 4. Access. The Town and its agents and representatives shall have the right, at any time, to enter upon the Properties for the purposes of inspecting the Facilities in its sole and absolute discretion, and otherwise for the purposes set forth herein. 5. Failure to Maintain and Repair. In the event that the Owners fail to construct, maintain, or repair the Facilities, or otherwise fail to perform any of their obligations with respect thereto (including, but not limited to, coordinating any necessary inspections) in accordance with the terms of this Agreement, the Permit, or any other directives of Town, and such failure is not corrected within thirty (30) days after written notice of such failure from the Town (provided that the Town shall not be required to give any notice in the event of an emergency), in addition to all other rights available to the Town at law or in equity, the Town may, at its election, (i) perform such obligations on the Owners’ behalf, and the Owners shall reimburse the Town for any and all costs incurred in connection therewith, within fifteen (15) days of the Town’s demand therefor, failing which, the Town may, in its sole and absolute discretion, add such amount(s) to any or all of the Owners’ next upcoming tax bill, and such amount(s) shall be considered a lien on the applicable Properties, and/or (ii) revoke the Permit and terminate this Agreement. 6. Indemnification. Each Owner, for itself, its agents, representatives, successors, and assigns, hereby agree to indemnify, defend, and hold harmless the Town, its agents, representatives, successors and assigns, from any and all liability, loss, damage, or expense resulting from the such Owner’s (and/or its invitees’, agents’ or contractors’) exercise of its rights under this Agreement and/or its failure to satisfy its obligations under this Agreement, the Permit, or any other directives from the Town with respect thereto, including, but not limited to, liability, loss, damage, or expense to persons and/or property and/or resulting from claims, suits, causes of action, and/or judgments asserted by third parties. The Owners’ indemnification obligations set forth in this Section 6 shall expressly survive the expiration or termination of this Agreement. 7. Modifications and Alterations. No Owner shall authorize, undertake, or permit any alteration, abandonment, modification or discontinuation of the Facilities without the prior written approval of the Town, which approval may be granted or denied in the Town’s sole discretion. 8. Term. For so long as the Permit is in effect, this Agreement shall remain in full force and effect and shall bind and inure to the benefit of the parties hereto, their respective heirs, 4 representatives, lessees, successors, and assigns. It is intended that the grants, agreements, rights and obligations of the Owners set forth in this Agreement shall be binding upon and inure to the benefit of the parties, and their successors and assigns, and shall be construed as both covenants and conditions that run with title to the Properties and are affirmatively enforceable against the land and the Owners, and shall continue to be rights and obligations appertaining to and upon, and benefiting, binding and running with the title to the Properties and any part thereof. Notwithstanding the foregoing or anything contained herein to the contrary, this Agreement shall automatically terminate and be of no further force or effect in the event that the Permit is revoked by the Town for any reason, provided that the parties shall not be released of those obligations and liabilities which expressly survive the termination of this Agreement in accordance with the terms set forth herein. 9. Entire Agreement; Modification. This Agreement, together with the Permit, constitute the entire agreement between the parties with respect to the subject matter contained herein. This Agreement is hereby incorporated into the Permit and may only be amended by a written instrument signed by both parties hereto. Notwithstanding the foregoing and for the avoidance of any doubt, the Town may, at any time, unilaterally revoke the Permit and terminate this Agreement in the event the Owners fail to comply with the terms and conditions of the Permit, this Agreement, or any other directives of the Town relating thereto, in which event, this Agreement shall automatically terminate and be of no further force or effect, provided that the Owners shall not be released of those obligations and liabilities which expressly survive the termination of this Agreement in accordance with the terms set forth herein. 10. Severability. If any clause, sentence, or other portion of the terms, conditions, covenants, and restrictions of this Agreement become illegal, null, void, or otherwise unenforceable for any reason, the remaining portions remain in full force and effect. 11. Notices. All notices given or delivered pursuant to this Agreement shall be in writing, addressed to the respective parties at the addresses provided above (or to such other addresses as may be prescribed by the parties in writing), and shall be delivered in person, or by certified or registered mail, postage prepaid, return receipt requested, or by overnight delivery. 12. Recitals; Exhibits. The above recitals are true and correct and incorporated herein as if fully set forth. All exhibits referred to herein and attached hereto shall be deemed a part of this Agreement. 13. Governing Law. This Agreement shall be governed by the laws of the State of New York. 14. Attorneys’ Fees. In the event it shall become necessary the Town to institute any legal action or proceedings for the enforcement of this Agreement, or any of the provisions hereof, or to employ an attorney therefor, the Owners shall pay all court costs and reasonable attorneys’ fees incurred in connection therewith. 5 15. Successors and Assigns. The rights and obligations under this Agreement shall be deemed to run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective agents, invitees, successors, and assigns, forever. 16. Recording. This Agreement shall be duly recorded in the Office of the Monroe County Clerk. 17. Headings. All article and section headings contained herein are intended for reference purposes only and shall not be used to interpret the terms and conditions contained herein. 18. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute a single fully executed instrument. [Remainder of page intentionally left blank; signature pages follow] 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. THE TOWN: THE TOWN OF IRONDEQUOIT By: __________________________ Name: __________________________ Title: __________________________ STATE OF NEW YORK ) COUNTY OF MONROE ) SS On the _____ day of ______________, 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared __________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 7 3112 OWNER: _________________________________ DANIEL PROFETTA _________________________________ JOAN PROFETTA, formerly known as Joan D’Ercole STATE OF NEW YORK ) COUNTY OF MONROE ) SS On the _____ day of ______________, 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared Daniel Profetta, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF MONROE ) SS On the _____ day of ______________, 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared Joan Profetta, formerly known as Joan D’Ercole, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 8 3100 OWNER: _________________________________ DAVID DROZDZIEL, also known as David L. Drozdziel _________________________________ DANIEL PROFETTA STATE OF NEW YORK ) COUNTY OF MONROE ) SS On the _____ day of ______________, 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared David Drozdziel, also known as David L. Drozdziel, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF MONROE ) SS On the _____ day of ______________, 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared Daniel Profetta, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 9 3088 OWNER: _________________________________ DAVID L. DROZDIEL, also known as David Drozdziel, AS TRUSTEE UNDER THE DAVID L. DROZDZIEL LIVING TRUST DATED JUNE 18, 2019 STATE OF NEW YORK ) COUNTY OF MONROE ) SS On the _____ day of ______________, 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared David L. Drozdziel, also known as David Drozdziel, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 10 3078 OWNER: _________________________________ DAVID L. DROZDIEL, also known as David Drozdziel, AS TRUSTEE UNDER THE DAVID L. DROZDZIEL LIVING TRUST DATED JUNE 18, 2019 _________________________________ KAREN NEWMAN, AS TRUSTEE UNDER THE DAVID L. DROZDZIEL LIVING TRUST DATED JUNE 18, 2019 STATE OF NEW YORK ) COUNTY OF MONROE ) SS On the _____ day of ______________, 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared David L. Drozdziel, also known as David Drozdziel, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF MONROE ) SS On the _____ day of ______________, 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared Karen Newman, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 11 3068 OWNER: _________________________________ MELISSA STEIN _________________________________ LAWRENCE CARL STEIN, JR. STATE OF NEW YORK ) COUNTY OF MONROE ) SS On the _____ day of ______________, 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared Melissa Stein, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF MONROE ) SS On the _____ day of ______________, 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared Lawrence Carl Stein, Jr., personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 12 3074 OWNER: _________________________________ DAVID DROZDZIEL, also known as David L. Drozdziel _________________________________ DANIEL DROZDZIEL STATE OF NEW YORK ) COUNTY OF MONROE ) SS On the _____ day of ______________, 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared David Drozdziel, also known as David L. Drozdziel, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF MONROE ) SS On the _____ day of ______________, 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared Daniel Drozdziel, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he/she acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 13 Exhibit A Depiction of Properties [See Attached] 14 Exhibit B Legal Description of Site Resolution No. 2022 – EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE CAPITAL IMPROVEMENT PROGRAM FOR THE TOWN OF IRONDEQUOIT FOR 2023 THROUGH 2028 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 18th day of October 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 to the Town Town Board Member _____________ offered the following resolution and moved its adoption: WHEREAS, it is necessary for the Town to establish a multi-year plan for the implementation of capital improvements; and WHEREAS, a plan including projects to be implemented during the six (6) years from 2023 through 2028 has been presented to the Town Board and is attached to this resolution; and WHEREAS, this document is a plan, is subject to change at any time, and does not provide financing of any project or commit the Town to undertaking any project; and WHEREAS, financing for each project is required to be authorized by the Town Board in separate resolutions through either borrowing, appropriations in the annual operating budget, grant funding, or other specific sources; and WHEREAS, actions undertaken by the Town of Irondequoit must comply with environmental impact assessment requirements as prescribed by 6 NYCRR Part 617 State Environmental Quality Review (SEQR); and WHEREAS, that Town of Irondequoit Capital Improvement Plan (“CIP”) contains a variety of projects and activities that vary in scale and scope; and WHEREAS, the New York Department of Environmental Conservation (NYSDEC) has designated in 6 NYCRR § 617.5[c] various “Type II” actions which will not have a significant impact on the environment and therefore are not subject to review pursuant to the New York State Environmental Quality Review Act (“SEQRA”); and WHEREAS, the CIP primarily contains projects that classified as Type II actions because they are among the listed Type II actions identified in 6 NYCRR §617.5; and WHEREAS, the 2023 Town Hall Improvements to upgrade to and replacement of HVAC system components & AV upgrades is classified Type II because the actions involve the maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]), and/or replacement, rehabilitation or reconstruction of a structure or facility in kind on the same site (6NYCRR §617.5[c][2]); and WHEREAS, the 2027 Town Hall Improvements to upgrade HVAC Green/Renewable energy upgrades is classified Type II because the actions involve the maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]), replacement, and/or rehabilitation or reconstruction of a structure or facility in kind on the same site (6NYCRR §617.5[c][2]); and WHEREAS, the 2027 Public Safety Building Improvements to upgrade HVAC Green/Renewable energy upgrades is classified Type II because the actions involve the maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]), and/or replacement, rehabilitation or reconstruction of a structure or facility in kind on the same site (6NYCRR §617.5[c][2]); and WHEREAS, the 2025 and 2027 Parks and Recreation Upgrades to Playgrounds and Town Parks (various improvements to our parks and playground equipment, including but not limited to: playground construction and equipment replacement and upgrades, and other various improvements to Town Parks) is classified Type II because the actions involve the maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]), and/or replacement, rehabilitation or reconstruction of a structure or facility in kind on the same site (6 NYCRR §617.5[c][2]), and/or installation of telecommunications cables in existing highway or utility rights of way (6 NYCRR §617.5[c][7]); and WHEREAS, the 2026 DPW Road Paving and Improvements (roadway resurfacing projects throughout the Town) is classified Type II because the actions involve maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]), and/or repaving of existing highways not involving the addition of new travel lanes (6 NYCRR §617.5[c][5]), and/or street openings or right-of-way openings for the purpose of repair or maintenance of existing utility facilities (6 NYCRR § 617.5[c][6]); and WHEREAS, the 2024, 2026 and 2028 DPW Sidewalk Improvements (replace broken sidewalks, remove curb step barriers at intersections) is classified as Type II because the actions involve maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]), and/or replacement, rehabilitation or reconstruction of a structure or facility in kind on the same site (6 NYCRR §617.5[c][2]); and WHEREAS, the, 2023, 2025 and 2027 DPW Sewer Laterals and Mains Project (excavation and replacement of lateral sewer services at various locations throughout the Town) is classified Type II because the actions involve maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]), and/or street openings or right-of-way openings for the purpose of repair or maintenance of existing utility facilities (6 NYCRR § 617.5[c][6]); and WHEREAS, the 2024, 2026, and 2028 DPW Drainage Improvements (reconstruction and installation of storm sewers, roadside drainage, and stormwater drainage facilities, and other improvements) are classified Type II because the actions involve the maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]), and/or replacement, rehabilitation or reconstruction of a structure or facility in kind on the same site (6 NYCRR §617.5[c][2]), and/or extension of utility distribution facilities, including gas, electric, telephone, cable, water and sewer connections to render service in approved subdivisions or in connection with any action on this list (6 NYCRR §617.5[c][13]), and/or conducting concurrent engineering and other studies necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action (6 NYCRR §617.5[c][27]); and WHEREAS, the 2023, 2025 and 2027 DPW Pump Station Upgrades (reconstruction of a pump station in need of rehabilitation) are classified Type II because the actions involve the maintenance or repair of existing facilities or structures (6 NYCRR §617.5[c][1]), and/or replacement, rehabilitation or reconstruction of a structure or facility in kind on the same site (6 NYCRR §617.5[c][2]); and WHEREAS, the Huntington Hills Slope Stabilization Project is classified as an Unlisted Action within the meaning of the State Environmental Quality Review Act and the regulations of the New York State Department of Environmental Conservation thereunder (collectively, “SEQRA”) and a SEQRA resolution for this Unlisted Action will be created and brought to the Town Board in November with respect to the Project. NOW, THEREFORE BE IT RESOLVED, that the Capital Improvement Program for 2023 through 2028 is approved by the Town Board. 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 _______ Town of Irondequoit Capital Improvement Program 2023 - 2028 The Town of Irondequoit Capital Improvement Program (CIP) is a multi year plan for the implementation of improvements to the physical infrastructure owned by the Town government. Typical elements of a municipal CIP are a description of each project, estimated costs in the various categories of expense, estimates of the debt service and operating cost impacts of the projects on future annual operating budgets and a schedule for implementation. This document also contains a statement of designation for each component pursuant to SEQRA, whether it be a Type 1, Type 2, or Unlisted Action. The CIP is an important part of the Town's business plan. It is an internal working document to be used by the Town Council and administrators as well as the Town's financial advisors and bond counsel, and it provides a financial plan through which borrowing issues can be organized and scheduled, and debt service impacts on future annual operating budgets can be predicted. It is also a public document which communicates the intention of the government to the public it serves. Irondequoit was established in 1839 and was largely an agricultural community until the early 20th century. Many of the older neighborhoods were settled in the early 1900's. Particularly in these older areas the street and sewer systems have deteriorated. It is the responsibility of the Town government to address this through a program of replacing and/or improving these public facilities. This is essential for continued good quality of life in the Town and the maintenance of property values. This program is the plan for improving facilities. Town Supervisor Town Council Rory Fitzpatrick Patrina Freeman John Perticone Kimie Romeo Peter Wehner Commissioner of Public Works Erin Magee Development Services Dept. Manager Mary Werner Comptroller Diana Marsh Capital Impvt. Program 23-28 (003) 10/4/2022 Introduction Town of Irondequoit Capital Improvement Program 2023 - 2028 Summary Town Hall Improvements: General Fund a) HVAC & AV Upgrades b) HVAC - Green/Renewable Energy Updates PSB Improvements: General Fund HVAC - Green/Renewable Energy Updates YEAR: 2023 2024 2025 2026 2027 2028 Total Program 60,000 60,000 35,000 35,000 35,000 35,000 Parks: General Fund Upgrades to Playgrounds & Town Parks 50,000 50,000 100,000 Sidewalk Improvements General Fund 250,000 250,000 250,000 750,000 DPW - Roads: Highway Fund a) Huntington Hills Slope Stabilization 300,000 300,000 b) Road Paving & Improvements 250,000 250,000 Sewer Laterals & Mains San. Sewer Fund 400,000 500,000 500,000 1,400,000 Pump Station Upgrades San. Sewer Fund 500,000 350,000 350,000 1,200,000 Drainage Improvements Storm Drainage Fund 500,000 500,000 500,000 1,500,000 Total by Year 1.260,000 750,000 900,000 1,000,000 970,000 750,000 (Check & Balance) 5,630,000 5,630,000 Capital Impvt Program 23-28 (003) 10/5/2022 Summary Town of Irondequoit Capital Improvement Program Summary 2023 - 2028 YEAR: 2023 2024 2025 Total Buildings 60,000 Total Parks Total Sidewalk 250,000 Total Road 300,000 Total San. Sewer 900,000 Total Storm Drainage 500,000 Total Camp Eastman Total Cemetery Total Trucks & Equipment Total Water (Sea Breeze Water District) Total by Year Summary of Rate effects Per Year Cumulative 2026 2027 2028 Total Program 70,000 50,000 50,000 250,000 250,000 250,000 850,000 850,000 500,000 500,000 1.260,000 750,000 900,000 1,000,000 970,000 750.000 Budget Year" 2024 2025 2026 2027 2028 2029 Property Tax Rate per $1,000 A V $0.010 $0 010 $0 001 $0.019 $0.004 $0.010 Sanitary Sewer District Rate per Unit $2.248 $0.000 $2 248 $0.000 $2.248 $0.000 Stormwater Drainage District Rate / Unit $0.000 $0 235 $0.000 50.235 $0.000 $0.235 Property Tax Rate per $1,000 A V $0.010 $0 020 $0 022 $0.040 $0.044 $0.054 Sanitary Sewer District Rate per Unit $2 248 $2.248 54.495 54.495 $6.743 $6.743 Stormwater Drainage District Rate per Unit $0.000 $0.235 $0.235 $0 470 $0.470 $0.705 * Generally, debt service payments begin in the year following the year of the project. 130,000 100,000 750,000 550,000 2,600,000 1,500,000 0 0 0 0 5,630,000 5,630,000 Capital Impvt. Program 23-28 (003) 10/5/2022 Summary Town of Irondequoit Project Town Hall - HVAC & AV Upgrades - 2023 Capital Improvement Program 2023 - 2028 Description: Thls project wilt upgrade the HVAC units, as well as the sound and recording system, for the Broderick Meeting Room in Town Hall, This will result in better temperature control and reduced noise from the HVAC units, and enhancement of the audio system used during various Town meetings held in the Broderick Room. The work needs to be done concurrently to ensure the upgrades are compatible with each other and there is no future sound interference in the Meeting Room. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(2). Schedule Design Bidding 2023 Construction 2023 Estimated Cost Design Construction Other/ Contingency Total 0 56,000 4,000 60,000 Project Financing: The project will be financed by general obligation borrowing with the annual debt service included in the budget of the Community Services Department, Town Hall Building Maintenance budget. Estimated Cost of Debt Service in Future Budgets $3,912 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 10 Years Property Tax Rate Analysis Debt Service Assessed Tax Rate Value Effect 2,825,691.065 $0.001 per $1,000 of assessed value Capital lmpvt. Program 23-28 (003) 10/5/2022 TH HVAC & AV Upgrades - 2023 Town of Irondequoit Project Town Hall - HVAC - Green/Renewable Energy Updates - 2027 Capital Improvement Program 2023 - 2028 Description: This funding would be used to replace and upgrade the heating, ventilation, air conditioning and air circulation system throughout the Town Hall facility. In addition, this project would fund the installation of new energy efficient and green/renewable products at Town Hall. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(2). Schedule Design -- Bidding 2027 Construction 2027 Estimated Cost Design Construction Other/ Contingency Total 0 32,500 2,500 35,000 Project Financing: The project will be financed by general obligation borrowing with the annual debt service included in the budget of the Community Services Department, Town Hall Building Maintenance budget. Estimated Cost of Debt Service in Future Budgets $3,912 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 10 Years Property Tax Rate Analysis Debt Service Assessed Tax Rate Value Effect 2,825,891.065 $0.001 per $1,000 of assessed value Capital lmpvt. Program 23-28 (003) 10/4/2022 TH-HVAC Green Energy - 2027 Town of Irondequoit Capital Improvement Program Project Public Safety Building - HVAC - Green/Renewable Energy Updates - 2027 2023 - 2028 Description: This funding would be used to replace and upgrade the heating, ventilation, air conditioning and air circulation system throughout the Public Safety Building In addition, this project would fund the installation of new energy efficient and green/renewable products at the Public Safety Building. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(2). Schedule Design --- Bidding 2027 Construction 2027 Estimated Cost Design Construction Other/ Contingency Total 0 32,500 2,500 35,000 Project Financing: The project will be financed by general obligation borrowing with the annual debt service included in the budget of the Community Services Department, Public Safety Building - Building Maintenance budget. Estimated Cost of Debt Service in Future Budgets $3,912 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11 00 For 10 Years Property Tax Rate Analysis Debt Service Assessed Tax Rate Value Effect 2,825,891.065 $0.001 per $1,000 of assessed value Capital Impvt. Program 23-28 (003) 10/4/2022 PSB-HVAC Green Energy - 2027 Town of Irondequoit Project Playgrounds & Town Parks - 2025 Capital Improvement Program 2023 - 2028 Description: Funds will be used for various improvements to our parks and playground equipment, including but not limited to: playground construction and equipment replacement and upgrades, and other various improvements to Town Parks. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(2)&(7). Schedule Design Bidding 2025 Construction 2025 Estimated Cost Design Construction Other/ Contingency Total 0 47,500 2,500 50,000 Project Financing: The project will likely be financed by general obligation borrowing with the annual debt service included in the budget of the Parks Bureau of the Community Services Department. Estimated Cost of Debt Service in Future Budgets $3,965 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 15 Years Property Tax Rate Analysis Debt Service Assessed Tax Rate Value Effect 2,825,891.065 $0.001 per $1,000 of assessed value Capital Impvt. Program 23-28 (003) 10/4/2022 Playgrounds & Town Parks - 2025 Town of Irondequoit Project Playgrounds & Town Parks - 2027 Capital Improvement Program 2023 - 2028 Description: Funds will be used for various improvements to our parks and playground equipment, including but not limited to: playground construction and equipment replacement and upgrades, and other various improvements to Town Parks. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(2)&(7). Schedule Design Bidding 2027 Construction 2027 Estimated Cost Design Construction Other/ Contingency Total 0 47,500 2,500 50.000 Project Financing: The project will likely be financed by general obligation borrowing with the annual debt service included in the budget of the Parks Bureau of the Community Services Department. Estimated Cost of Debt Service in Future Budgets $3,965 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 15 Years Property Tax Rate Analysis Debt Service Assessed Tax Rate Value Effect 2,825,891.065 $0.001 per $1,000 of assessed value Capital Impvt. Program 23-28 (003) 10/4/2022 Playgrounds & Town Parks - 2027 Town of Irondequoit Project Sidewalk Improvements - 2024 Capital Improvement Program 2023 - 2028 Description: This funding would be used to replace broken sidewalks as needed in various areas throughout the Town of Irondequoit. In addition, this funding source could be used for the construction of new sidewalks within the Town. Lastly, this funding source would be used to remove curb step barriers at intersections by lowering curbs to street levels in order to accommodate the disabled. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(2). Schedule Estimated Cost Engineering Construction Other/ Contingency Total 2024 0 240,000 10,000 250,000 This project will result in reduced annual maintenance costs, improved service to the public, and enhanced property values Project Financing: The project will be financed by general obligation borrowing with the annual debt service included in the budget of the Community Services Department, Sidewalk Construction and Maintenance budget. Estimated Cost of Debt Service in Future Budgets $27,901 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 10 Years Property Tax Rate Analysis Debt Service Assessed Tax Rate Value Effect 2,825,891.065 $0.010 per $1,000 of assessed value Capital Impvt. Program 23-28 (003) 10/4/2022 Sidewalks - 2024 Town of Irondequoit Project Sidewalk Improvements - 2026 Capital Improvement Program 2023 - 2028 Description: This funding would be used to replace broken sidewalks as needed in various areas throughout the Town of Irondequoit. In addition, this funding source could be used for the construction of new sidewalks within the Town. Lastly, this funding source would be used to remove curb step barriers at intersections by lowering curbs to street levels in order to accommodate the disabled. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(2). Schedule Estimated Cost Engineering Construction Other/ Contingency Total 2026 0 240,000 10,000 250,000 This project will result in reduced annual maintenance costs, improved service to the public, and enhanced property values Project Financing: The project will be financed by general obligation borrowing with the annual debt service included in the budget of the Community Services Department, Sidewalk Construction and Maintenance budget. Estimated Cost of Debt Service in Future Budgets $27,905 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 10 Years Property Tax Rate Analysis Debt Service Assessed Tax Rate Value Effect 2,825,891.065 $0.010 per $1,000 of assessed value Capital Impvt. Program 23-28 (003) 10/4/2022 Sidewalks - 2026 Town of Irondequoit Project Sidewalk Improvements - 2028 Capital Improvement Program 2023 - 2028 Description: This funding would be used to replace broken sidewalks as needed in various areas throughout the Town of Irondequoit. In addition, this funding source could be used for the construction of new sidewalks within the Town. Lastly, this funding source would be used to remove curb step barriers at intersections by lowering curbs to street levels in order to accommodate the disabled. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(2). Schedule Estimated Cost Engineering Construction Other/ Contingency Total 2028 0 240,000 10,000 250,000 This project will result in reduced annual maintenance costs, improved service to the public, and enhanced property values Project Financing: The project will be financed by general obligation borrowing with the annual debt service included in the budget of the Community Services Department, Sidewalk Construction and Maintenance budget. Estimated Cost of Debt Service in Future Budgets $27,901 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 10 Years Property Tax Rate Analysis Debt Service Assessed Tax Rate Value Effect 2,825,891.065 $0.010 per $1,000 of assessed value Capital Impvt. Program 23-28 (003) 10/4/2022 Sidewalks - 2028 Town of Irondequoit Project Huntington Hills - 2023 Capital Improvement Program 2023 - 2028 Description: This funding would be for stabilizing the road in the Huntington Hill neighborhood. This will ensure the structural integrity of the road. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(4)&(5)&(6). Schedule Design Bidding Construction 2023 Estimated Cost Design Construction Other/ Contingency Total 25,000 270,000 5,000 300,000 Project Financing: This project will be financed by general obligation borrowing with the annual debt service included in the budget of the Community Services Department, Highway 1 budget. Estimated Cost of Debt Service in Future Budgets $25,063 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 15 Years Property Tax Rate Analysis Debt Service Assessed Tax Rate Value Effect 2,825,891.065 $0.009 per $1,000 of assessed value Capital lmpvt. Program 23-28 (003) 10/4/2022 Huntington Hills - 2023 Town of Irondequoit Project Roads - Paving & Improvements - 2026 Capital Improvement Program 2023 - 2028 Description: This funding would be used for roadway resurfacing projects throughout the Town implementing several different pavement methodologies including, but not limited to: mill and fills, pavement overlays, mirco-paving, crack sealing, chips sealing, slurry sealing and other associated pavement improvement strategies. In addition this funding would include all roadway related improvements, including but not limited to; curbing, gutters, trees, signage, sidewalks and all other ROW roadway improvements. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(4)&(5)&(6). Schedule Design Bidding Construction 2026 Estimated Cost Design Construction Other/ Contingency Total 0 240,000 10,000 250,000 Project Financing: This project will be financed by general obligation borrowing with the annual debt service included in the budget of the Community Services Department, Highway 1 budget. Estimated Cost of Debt Service in Future Budgets $25,063 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11 00 For 15 Years Property Tax Rate Analysis Debt Service Assessed Tax Rate Value Effect 2,825,891.065 $0.009 per $1,000 of assessed value Capital Impvt. Program 23-28 (003) 10/4/2022 Roads - 2026 Town of Irondequoit Project Replacement of Sewer Laterals and Sewer Mains - 2023 Capital Improvement Program 2023 - 2028 Description This project would fund the excavation and replacement of lateral sewer services at various locations, throughout the Town. These locations will be determined by frequency of calls for lateral cleanouts and sewer main lines as determined by investigations. This is intended to improve service to homeowners and reduce the cost to the Town of cleaning laterals, a service provided by the Town through the Consolidated Sewer District. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(5). Schedule Design early 2023 Bidding 2023 Construction 2023 Estimated Cost Engineering Construction Other Total Sanitary Sewer District Total 20,000 370,000 10,000 400,000 20,000 370,000 10,000 400,000 This project will result in reduced annual maintenance costs, improved service to the public, and enhanced property values Project Financing This project will be financed through general obligation debt of the Town. The annual debt service will be included in the future annual budgets of the Community Services Department, Consolidated Sanitary Sewer District. Estimated Cost of Debt Service in Future Budgets Sanitary Sewer Share $31,621 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 20 Years Sewer District Rate Analysis Units Debt Service Sewer District Rate Effect 23,914.1 $1.322 per Unit Capital Impvt. Program 23-28 (003) 10/4/2022 Sewer Laterals & Mains 2023 Town of Irondequoit Project Replacement of Sewer Laterals and Sewer Mains - 2025 Capital Improvement Program 2023 - 2028 Description This project would fund the excavation and replacement of lateral sewer services at various locations, throughout the Town of Irondequoit. These locations will be determined by frequency of calls for lateral cleanouts and sewer main lines as determined by investigations. This is intended to improve service to homeowners and reduce the cost to the Town of cleaning laterals, a service provided by the Town through the Consolidated Sewer District. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(5). Schedule Design early 2025 Bidding 2025 Construction 2025 Estimated Cost Engineering Construction Other Total Sanitary Sewer District Total 30,000 460,000 10,000 0 500,000 30,000 460,000 10,000 500,000 This project will result in reduced annual maintenance costs, improved service to the public, and enhanced property values Project Financing This project will be financed through general obligation debt of the Town. The annual debt service will be included in the future annual budgets of the Community Services Department, Consolidated Sanitary Sewer District. Estimated Cost of Debt Service in Future Budgets PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 Sanitary Sewer Share $31,626 For 20 Years Sewer District Rate Analysis Units Debt Service Sewer District Rate Effect 23,914.1 $1.322 per Unit Capital Impvt. Program 23-28 (003) 10/4/2022 Sewer Laterals & Mains 2025 Town of Irondequoit Project Replacement of Sewer Laterals and Sewer Mains - 2027 Capital Improvement Program 2023 - 2028 Description This project would fund the excavation and replacement of lateral sewer services at various locations, throughout the Town of Irondequoit. These locations will be determined by frequency of calls for lateral cleanouts and sewer main lines as determined by investigations. This is intended to improve service to homeowners and reduce the cost to the Town of cleaning laterals, a service provided by the Town through the Consolidated Sewer District. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(5). Schedule Design early 2027 Bidding 2027 Construction 2027 Estimated Cost Engineering Construction Other Total Sanitary Sewer District Total 30,000 460,000 10,000 0 500,000 30,000 460,000 10,000 500,000 This project will result in reduced annual maintenance costs, improved service to the public, and enhanced property values Project Financing This project will be financed through general obligation debt of the Town. The annual debt service will be included in the future annual budgets of the Community Services Department, Consolidated Sanitary Sewer District. Estimated Cost of Debt Service in Future Budgets Sanitary Sewer Share $31,626 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 20 Years Sewer District Rate Analysis Units Debt Service Sewer District Rate Effect 23,914.1 $1.322 per Unit Capital Impvt. Program 23-28 (003) 10/4/2022 Sewer Laterals & Mains 2027 Town of Irondequoit Project Upgrades and/or Replacement of Sewer Pump Stations - 2023 Capital Improvement Program 2023 - 2028 Description: This project will reconstruct the Woodridge Pump Station and also update aging equipment needed for other Pump Stations throughout the Consolidated Sewer District. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(2). Schedule Design early 2023 Bidding 2023 Construction 2023 Estimated Cost Engineering Construction Other Total Road Sanitary Sewer Share Share Total 40,000 440,000 20,000 0 500,000 40,000 440,000 20,000 500,000 This project will result in reduced annual maintenance costs, improved service to the public, and enhanced property values Project Financing This project will be financed through general obligation debt of the Town. The annual debt service will be included in the future annual budgets of the Community Services Department, Consolidated Sanitary Sewer District. Estimated Cost of Debt Service in Future Budgets Sanitary Sewer Share $22,126 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 20 Years Sewer District Rate Analysis Units Debt Service Sewer District Rate Effect 23,914.1 $0.925 per Unit Capital Impvt. Program 23-28 (003) 10/4/2022 Pump Stations 2023 Town of Irondequoit Project Upgrades and/or Replacement of Sewer Pump Stations - 2025 Capital Improvement Program 2023 - 2028 Description: This project will update aging equipment needed for various Pump Stations throughout the Consolidated Sewer District. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(2). Schedule Design early 2025 Bidding 2025 Construction 2025 Estimated Cost Engineering Construction Other Total Road Sanitary Sewer Share Share Total 25,000 310,000 15,000 0 350,000 25,000 310,000 15,000 350,000 This project will result in reduced annual maintenance costs, improved service to the public, and enhanced property values Project Financing This project will be financed through general obligation debt of the Town. The annual debt service will be included in the future annual budgets of the Community Services Department, Consolidated Sanitary Sewer District. Estimated Cost of Debt Service in Future Budgets Sanitary Sewer Share $22,126 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 20 Years Sewer District Rate Analysis Units Debt Service Sewer District Rate Effect 23,914.1 $0.925 per Unit Capital Impvt. Program 23-28 (003) 10/4/2022 Pump Stations 2025 Town of Irondequoit Project Upgrades and/or Replacement of Sewer Pump Stations - 2027 Capital Improvement Program 2023 - 2028 Description: This project will update aging equipment needed for various Pump Stations throughout the Consolidated Sewer District. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)84(2). Schedule Design early 2027 Bidding 2027 Construction 2027 Estimated Cost Engineering Construction Other Total Road Sanitary Sewer Share Share Total 25,000 310,000 15,000 0 350,000 25,000 310,000 15,000 350,000 This project will result in reduced annual maintenance costs, improved service to the public, and enhanced property values Project Financing This project will be financed through general obligation debt of the Town. The annual debt service will be included in the future annual budgets of the Community Services Department, Consolidated Sanitary Sewer District. Estimated Cost of Debt Service in Future Budgets Sanitary Sewer Share $22,126 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 20 Years Sewer District Rate Analysis Units Debt Service Sewer District Rate Effect 23,914.1 $0.925 per Unit Capital Impvt. Program 23-28 (003) 10/4/2022 Pump Stations 2027 Town of Irondequoit Project Improvements to Stormwater Drainage Facilities - 2024 Capital Improvement Program 2023 - 2028 Description This project would fund the reconstruction of storm sewers, installation of storm drainage in roads that currently do not have roadside drainage, installation or reconstruction of stormwater drainage facilities to serve areas not adjacent to roads that currently experience flooding, engineering and design plans, and incidental improvements and expenses related to stormwater drainage throughout the town. In addition, this funding could be used for various land grading projects as they relate to drainage, erosion, or slope stabilization. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(2)&(21). Schedule Design early 2024 Bidding 2024 Construction 2024 Estimated Cost Engineering Construction Other Total Consolidated Stormwater Total Drainage District 70,000 422,500 7,500 0 500,000 70,000 422,500 7,500 500,000 This project will result in reduced annual maintenance costs, improved service to the public, and enhanced property values Project Financing This project will be financed by a serial bond and the annual debt service will be included in the future annual budgets of the Community Services Department, Consolidated Stormwater Drainage District. Estimated Cost of Debt Service in Future Budgets Stormwater Drainage Share $31,626 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 20 Years Stormwater Drainage District Rate Analysis Units Debt Service Drainage District Rate Effect 134,640.0 $0.235 per Unit Capital Impvt. Program 23-28 (003) 10/4/2022 Storm Drainage Improv'ts 2024 Town of Irondequoit Project Improvements to Stormwater Drainage Facilities - 2026 Capital Improvement Program 2023 - 2028 Description This project would fund the reconstruction of storm sewers, installation of storm drainage in roads that currently do not have roadside drainage, installation or reconstruction of stormwater drainage facilities to serve areas not adjacent to roads that currently experience flooding, engineering and design plans, and incidental improvements and expenses related to stormwater drainage throughout the town. In addition, this funding could be used for various land grading projects as they relate to drainage, erosion, or slope stabilization. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)84(2)84(21). Schedule Design early 2026 Bidding 2026 Construction 2026 Estimated Cost Engineering Construction Other Total Consolidated Stormwater Total Drainage District 70,000 422,500 7,500 0 500,000 70,000 422,500 7,500 500,000 This project will result in reduced annual maintenance costs, improved service to the public, and enhanced property values Project Financing This project will be financed by a serial bond and the annual debt service will be included in the future annual budgets of the Community Services Department, Consolidated Stormwater Drainage District. Estimated Cost of Debt Service in Future Budgets Stormwater Drainage Share $31,626 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 20 Years Stormwater Drainage District Rate Analysis Units Debt Service Drainage District Rate Effect 134,640.0 $0.235 per Unit Capital Impvt. Program 23-28 (003) 10/4/2022 Storm Drainage Improv'ts 2026 Town of Irondequoit Project Improvements to Stormwater Drainage Facilities - 2028 Capital Improvement Program 2023 - 2028 Description This project would fund the reconstruction of storm sewers, installation of storm drainage in roads that currently do not have roadside drainage, installation or reconstruction of stormwater drainage facilities to serve areas not adjacent to roads that currently experience flooding, engineering and design plans, and incidental improvements and expenses related to stormwater drainage throughout the town. In addition, this funding could be used for various land grading projects as they relate to drainage, erosion, or slope stabilization. Environmental Review This is a Type II action. 6 NYCRR § 617.5 (c)(1)&(2)&(21). Schedule Design early 2028 Bidding 2028 Construction 2028 Estimated Cost Engineering Construction Other Total Consolidated Stormwater Total Drainage District 70,000 422,500 7,500 0 500,000 70,000 422,500 7,500 500,000 This project will result in reduced annual maintenance costs, improved service to the public, and enhanced property values Project Financing This project will be financed by a serial bond and the annual debt service will be included in the future annual budgets of the Community Services Department, Consolidated Stormwater Drainage District. Estimated Cost of Debt Service in Future Budgets Stormwater Drainage Share $31,626 PPU at or less than the Period of Probable Usefulness under the Local Finance Law, section 11.00 For 20 Years Stormwater Drainage District Rate Analysis Units Debt Service Drainage District Rate Effect 134,640.0 $0.235 per Unit Capital Impvt. Program 23-28 (003) 10/4/2022 Storm Drainage Improv'ts 2028 RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK CALLING FOR A PUBLIC HEARING IN ACCORDANCE WITH SECTION 202-b OF THE TOWN LAW WITH RESPECT TO CERTAIN IMPROVEMENTS TO THE TOWN OF IRONDEQUOIT CONSOLIDATED SEWER DISTRICT 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 18th day of October, 2022 at 7:00 P.M. local time, there were PRESENT: Rory Fitzpatrick Town Supervisor John Perticone Deputy Town Supervisor Kimie Romeo Town Board Member Patrina Freeman 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 (the “Town Board”) of the Town of Irondequoit (the “Town”) is considering authorizing certain improvements to the facilities serving the Town of Irondequoit’s Consolidated Sewer District, consisting of the replacement and installation of a new submersible pump station with a new wet well and value vault at the Woodridge Pump Station (the “Project”), all as more particularly described in the Map, Plan and Report dated September 2022 and prepared at the direction of the Town Board by LaBella Associates, at a maximum estimated cost of $500,000; and WHEREAS, the Town Board now intends to conduct a public hearing in accordance with Section 202-b of the Town Law with respect to undertaking the Project at such estimated maximum cost. NOW, THEREFORE, BE IT RESOLVED, by the Town Board a follows: Section 1. A public hearing shall be held at a public meeting of the Town Board to be held on November 15, 2022 at 7:36 p.m. at the Town of Irondequoit Town Hall, 1280 Titus Avenue, Rochester, New York 14617, to consider if it is in the public interest to undertake the Project at an estimated maximum cost of $500,000 and to hear all persons interested in the subject matter thereof. Section 2. The Town Clerk is hereby directed to cause notice of such public hearing to be published in The Daily Record and posted on the Town Bulletin Board at 1280 Titus Avenue, Rochester, New York, 14617 in the manner prescribed by Section 193 of Town Law. Section 3. This resolution shall take effect immediately. Seconded by Town Board Member ________________________ and duly put to vote, which resulted in the following: Town Board Member Wehner voting ____ Town Board Member Romeo voting ____ Town Board Member Freeman voting ____ Deputy Supervisor Perticone voting ____ Town Supervisor Fitzpatrick voting ____ NOTICE OF PUBLIC HEARING TOWN OF IRONDEQUOIT’S CONSOLIDATED SEWER DISTRICT IMPROVEMENTS PLEASE TAKE NOTICE that the Town Board of the Town of Irondequoit, Monroe County, New York, by resolution dated October 18, 2022, ordered that a public hearing be conducted at a meeting of said Town Board to be held on November 15, 2022 at 7:36 p.m. at the Town Hall, 1280 Titus Avenue, Rochester, New York 14617 to consider whether it is in the public interest to approve the hereinafter described project: The Town Board is considering authorizing certain improvements to the facilities serving the Town of Irondequoit’s Consolidated Sewer District, consisting of the replacement and installation of a new submersible pump station with a new wet well and value vault at the Woodridge Pump Station (the “Project”), all as more particularly described in the Map, Plan and Report dated September 2022 and prepared at the direction of the Town Board by LaBella Associates, at a maximum estimated cost of $500,000. All persons interested in the aforementioned project, and the subject matter thereof, are invited to attend. Barbara Genier, Town Clerk Dated: October 18, 2022 AFFIDAVIT REGARDING POSTING OF NOTICE STATE OF NEW YORK ) COUNTY OF MONROE ) SS.: I, Barbara Genier, being duly sworn, deposes and says: I am over the age of 18 years; and, on October ____, 2022, I posted a true and correct copies of the attached Notice of Public Hearing of the Town of Irondequoit, Monroe County (the “Town”) on the Town’s official bulletin board located within the Town Hall and on the Town’s website. TOWN OF IRONDEQUOIT By: Barbara Genier, Town Clerk [SEAL] RESOLUTION OF THE TOWN BOARD OF THE TOWN OF IRONDEQUOIT, MONROE COUNTY, NEW YORK CALLING FOR A PUBLIC HEARING IN ACCORDANCE WITH SECTION 202-b OF THE TOWN LAW WITH RESPECT TO CERTAIN IMPROVEMENTS TO THE TOWN OF IRONDEQUOIT CONSOLIDATED SEWER DISTRICT 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 18th day of October, 2022 at 7:00 P.M. local time, there were PRESENT: Rory Fitzpatrick Town Supervisor John Perticone Deputy Town Supervisor Kimie Romeo Town Board Member Patrina Freeman 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 (the “Town Board”) of the Town of Irondequoit (the “Town”) is considering authorizing certain improvements to the facilities serving the Town of Irondequoit’s Consolidated Sewer District, consisting of the replacement and installation of a cleanout at the right of way line and replacing the lateral from cleanout to the sewer (the “Project”), all as more particularly described in the Map, Plan and Report dated September 2022 and prepared at the direction of the Town Board by LaBella Associates, at a maximum estimated cost of $400,000; and WHEREAS, the Town Board now intends to conduct a public hearing in accordance with Section 202-b of the Town Law with respect to undertaking the Project at such estimated maximum cost. NOW, THEREFORE, BE IT RESOLVED, by the Town Board a follows: Section 1. A public hearing shall be held at a public meeting of the Town Board to be held on November 15, 2022 at 7:37 p.m. at the Town of Irondequoit Town Hall, 1280 Titus Avenue, Rochester, New York 14617, to consider if it is in the public interest to undertake the Project at an estimated maximum cost of $400,000 and to hear all persons interested in the subject matter thereof. Section 2. The Town Clerk is hereby directed to cause notice of such public hearing to be published in The Daily Record and posted on the Town Bulletin Board at 1280 Titus Avenue, Rochester, New York, 14617 in the manner prescribed by Section 193 of Town Law. Section 3. This resolution shall take effect immediately. Seconded by Town Board Member ________________________ and duly put to vote, which resulted in the following: Town Board Member Wehner voting ____ Town Board Member Romeo voting ____ Town Board Member Freeman voting ____ Deputy Supervisor Perticone voting ____ Town Supervisor Fitzpatrick voting ____ NOTICE OF PUBLIC HEARING TOWN OF IRONDEQUOIT’S CONSOLIDATED SEWER DISTRICT IMPROVEMENTS PLEASE TAKE NOTICE that the Town Board of the Town of Irondequoit, Monroe County, New York, by resolution dated October 18, 2022, ordered that a public hearing be conducted at a meeting of said Town Board to be held on November 15, 2022 at 7:37 p.m. at the Town Hall, 1280 Titus Avenue, Rochester, New York 14617 to consider whether it is in the public interest to approve the hereinafter described project: The Town Board is considering authorizing certain improvements to the facilities serving the Town of Irondequoit’s Consolidated Sewer District, consisting of the replacement and installation of a cleanout at the right of way line and replacing the lateral from cleanout to the sewer (the “Project”), all as more particularly described in the Map, Plan and Report dated September 2022 and prepared at the direction of the Town Board by LaBella Associates, at a maximum estimated cost of $400,000. All persons interested in the aforementioned project, and the subject matter thereof, are invited to attend. Barbara Genier, Town Clerk Dated: October 18, 2022 AFFIDAVIT REGARDING POSTING OF NOTICE STATE OF NEW YORK ) COUNTY OF MONROE ) SS.: I, Barbara Genier, being duly sworn, deposes and says: I am over the age of 18 years; and, on October ____, 2022, I posted a true and correct copies of the attached Notice of Public Hearing of the Town of Irondequoit, Monroe County (the “Town”) on the Town’s official bulletin board located within the Town Hall and on the Town’s website. TOWN OF IRONDEQUOIT By: Barbara Genier, Town Clerk [SEAL] EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD IMPLEMENTING A CLIMATE SMART COMMUNITY TASK FORCE AND APPOINTING A CLIMATE SMART COMMUNITY COORDINATOR 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 18th day of October, 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 adopted the New York State Climate Smart Communities Pledge; and WHEREAS, the Town wishes to obtain Certification under the Climate Smart Communities (CSC) Program by taking proactive steps towards reducing greenhouse gas emissions and adapting to climate change; and WHEREAS, a Climate Smart Community Task Force serves as a central body of leadership that promotes and supports climate change mitigation and adaptation strategies within the community and will act as an advisory group to the municipality on any community issues related to climate change; and WHEREAS, WHEREAS, the CSC Task Force will meet at least twice a year and maintain meeting minutes and attendance records for each meeting; and WHEREAS, the CSC Task Force will consist of community members, municipal representatives, and other relevant stakeholders; and WHEREAS, a CSC Coordinator is responsible for convening and managing the task force as Chair, serving as a liaison between the CSC task force and the chief executive officer and other officials, and interfacing with the New York State Department of Environmental Conservation on the CSC program as needed. THEREFORE, IT IS HEREBY RESOLVED that a Climate Smart Community Task Force be initiated with the initial membership as follows: Initial Membership List for CSC Task Force: Name Affiliation Ellie Gustafson Constituent Liaison for the Town of Irondequoit Erin Magee Commissioner of Public Works Krista Greer Chair of the Conservation Board Donny Macher Department of Public Works Michelle Nichols Planning and Zoning Coordinator Joe Intini Zoning Board AND BE IT FURTHER RESOLVED that the Town of Irondequoit appoints Ellie Gustafson as the Climate Smart Community Coordinator. 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- EXTRACTION OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GIFT OF A FLAGPOLE 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 October 18, 2022 at 7:00 p.m.; 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, the Town of Irondequoit has maintained a Sister City relationship with Poltava, Ukraine; and WHEREAS, to reaffirm the Town’s commitment to Poltava and to all of the people in Ukraine, the Town has installed a flagpole near the Holodomor Monument on the west lawn area of the Town Hall campus, flying the Ukrainian flag alongside that of the United States; and WHEREAS, the Town of Irondequoit Supervisor’s Office received notification that Rochester Ukrainian Group would like to make a donation to pay for this flagpole; and WHEREAS, Rochester Ukrainian Group has no contractual relationships existing or pending with the Town of Irondequoit; and WHEREAS, the flagpole was purchased at a cost of $159; and WHEREAS, New York State Town Law §64(8) provides, among the powers of a Town Board, the authority to accept gifts of personal property for public use. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby accepts the gift of a flagpole from Rochester Ukrainian Group with a donation value of approximately $159. 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__________