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HomeMy Public PortalAbout2023.02.21 RTB Packet REGULAR TOWN BOARD MEETING FEBRUARY 21, 2023 7:00 PM AGENDA 6:30 PM SWEARING IN CEREMONY: CHIEF OF POLICE SCOTT PETERS POLICE OFFICERS BRADLEY LITTLE AND MARK LAROSE PLEDGE OF ALLEGIANCE ROLL CALL SUPERVISOR’S REMARKS & ANNOUNCEMENTS PUBLIC INPUT FINANCIAL REPORT APPROVAL OF MINUTES January 3, 2023 Organizational Meeting January 10, 2023 Workshop Meeting January 17, 2023 Special Town Board Meeting January 17, 2023 Regular Town Board Meeting January 20, 2023 Special Town Board Meeting PUBLIC HEARING 2PH2023-1 On the Matter of Providing Opportunity for Public Comment on Irondequoit’s Community Development Block Grant Program (CDBG) ITEMS FOR BOARD ACTION Appointments 2A2023-1 Resolution Authorizing the Appointment of a Motor Equipment Operator 2A2023-2 Resolution Authorizing the Appointment of an Auto Mechanic Foreman 2A2023-3 Resolution Authorizing the Transfer of a Police Officer 2A2023-4 Resolution Authorizing the Transfer of a Second Police Officer 2A2023-5 Resolution Authorizing the Appointment of an Office Clerk III in the Irondequoit Police Department 2A2023-6 Resolution Authorizing the Hiring of a Provisional Full-Time Office Clerk II Bilingual in the Town of Irondequoit Recreation Department 2A2023-7 Resolution Authorizing the Appointment of a Police Sergeant Community Development 2A2023-8 Resolution Authorizing the Calling of a Public Hearing on a Proposed Local Law to Amend the Historic Preservation Law of the Town of Irondequoit Police 2A2023-9 Resolution Authorizing the Chief of Police to enter into an Agreement with New York State Division of Criminal Justice Services Public Works 2A2023-10 Resolution Awarding Bid for Street Sweeper 2A2023-11 Resolution Authorizing the Purchase of One (1) Self-Loading Brush Truck to be Used by the Department of Public Works 2A2023-12 Resolution Renewing Refuse Services for Various Town of Irondequoit Facilities 2A2023-13 Resolution Allocating Funding for Equipment to be Used by the Department of Public Works Recreation 2A2023-14 Resolution Authorizing the Supervisor to Enter into Various Contracts with Vendors for the Town’s 2023 Farmers’ Market and Gazebo Concert Series 2A2023-15 Resolution Accepting Gifts for Irondequoit’s Winterfest Celebration Supervisor 2A2023-16 Resolution Adopting a Code of Conduct for Town Elected and Appointed Officials 2A2023-17 Resolution Authorizing a Polling Place Agreement with Monroe County Board of Elections Town Clerk 2A2023-18 Resolution Approving the Special Event License for the Heritage Hero Run & Stroll & Roll Event 2A2023-19 Resolution Approving the Special Event License for the Sunset House 21st Annual 5K Run and Fitness Walk 2A2023-20 Resolution Approving the Special Event License and MOU with the Irondequoit Police Department for Shamrock Jack’s Restaurant to Conduct Their Annual St. Patrick’s Day Festival NEXT WORKSHOP MEETING--TUESDAY, MARCH 14, 2023 @ 4:00 PM NEXT REGULAR TOWN BOARD MEETING--TUESDAY, MARCH 21, 2023 @ 7:00 PM Town of Irondequoit Financial Report Month Ending 12/31/22 TENTATIVE BEFORE CLOSING 2022 (AS OF 1/31/23) EXPENSES Percent Percent Fund Original Amended Cumulative, Year to Month End of of Budget Budget Budget Expended Encumb'd Available Year Spent & 24,886,285 Balance Elapsed Enc'brd 001 General (includes cemetery) 24,182,234 24,752,693 23,976,400 909,885 -133,591 100.0% 100.5% percent of amended budget 96 9% 3 7% -0.5% 005 Library 2,789,034 2,789,061 2,679,759 19,297 90,005 100.0% 96.8% percent of amended budget 96.1% 0 7^%--� 3.2% 021 Highway# 1, Road Impvts. 3,462,996 7473,097 3,771,788 11,1016 y -309,799 100.0% 108.9%\ percent of amended budget v. N 108.6% c 0 3% ( -8.9% 023 Highway# 3, Equipment Maint 1,105,272 1,105,272 1,228,374 ,i• "n• 2,097 Ro -4 -125,199 100.0% 111.3% > 107.7% percent of amended budget - 111.1% o `,E,' 0.2% o -11.3% 024 Highway # 4, ROW / Winter 1,085,082 1,088,877 1,092,711 j 500 -4,334 100.0% 100.4% percent of amended budget L 100.4% 0.0% -0.4% 031 Consolidated San. Sewer Dist 3,993,594 4,070,695 3,833,079 54,163 183,454 100.0% 95.5% percent of amended budget 94.2% 1,3% 4 5% 038 Stormwater Drainage Dist. 876,680 923,325 827,487 59,044 36,794 100.0% 96.0% percent of amended budget 89 6% 6.4% 4.0% 036 LaSalle Landing Sewer District 142 142 142 0 0 100.0% 100.2% percent of emended budget 100,2% 0.0% -0 2% 039 Rock Beach San, Sewer Dist 8,707 8,707 8,706 0 1 100,0% 100.0% percent of amended budget 100.0% 0.0% 0 0% 040 Orland Road San. Sewer Dist. 14,424 14,424 14,424 0 0 100.0% 100.0% percent of amended budget 100.0% 0.0% 0.0% 051 Sea Breeze Water District 1,136,160 1,136,160 1,094,681 0 41,480 100.0% 96 3% percent o1 amended budget 96.3% 0,0% 3,7% 071 - 098 Lighting Districts 153,000 153,000 106,550 53,700 -7,250 100.0% 104.7% percent of amended budget 69 6% 35.1% -4,7% TOTAL 38,807,325 39,515,453 38,634,101 1,109,793 -228,440 100.0% 100 6% Percent of Amended Budget Spent Percent of Amended Budget Encumbered Total Percent Spent & Encumbered 39,743,894 97.8% 2.8% 100.6% Tax Levy Sensitive 32,624,760 33,209,142 32,749,174 942,886 -482,918 100.0% 101 5% Total Spent + Encumbered 33,692,060 98.6% 2,8% -1.5% 101.5% REVENUES Cumulative Percent Percent Percent Original Amended Receipts Balance of of of Fund Budget Budget Through to be Real Estate Year Revenue This Month Received Tax Elapsed Received 001 General: Real Estate Tax (001-1001) 11,797,475 11,797,475 11,797,475 0 64.9% Payment In Lieu of Tax (001-1081) 288,471 288,471 282,696 5,775 Sales Tax (001-1120) 5,700,000 5,700,000 4,604,309 1,095,691 Mortgage Tax (001-3005) 980,000 980,000 925,372 54,628 AIM -Related Payments-NYS (001-2750) 613,283 613,283 613,283 0 Interest Earnings (001-2401) 5,000 5,000 59,630 -54,630 Franchise Cable TV (001-1170) 683,500 683,500 331,035 352,465 Recreation Program Fees (001-2001) 871,505 871,505 579,558 291,947 Cemetery Revenues (001-219012665) 105,000 105,000 174,340 -69,340 Fines & Bail Forfeitures (001-2610) 210,400 210,400 78,813 131,588 Other Sources of Revenue 2,085,320 2,085,320 1,896,398 188,922 Appropriated Fund Balance 842,280 842,280 842,280 0 100.0% 96.0% 80.8% 94,4% 100.0% 1192.6% 48.4% 66.5% 166.0% 37.5% 909% Total, Revenue& Fund Balance 24,182,234 24,182,234 22,185,190 1,997,044 100.0% 91.7% 2022 Printed on 2/9/2023 Page 1 Town of Irondequoit Fund Financial Report Month Ending 12/31/22 TENTATIVE BEFORE CLOSING 2022 (AS OF 1/31/23) Cumulative Percent Percent Percent Original Amended Receipts Balance of of of Budget Budget as of to be Real Estate Year Revenue This Month Received Tax Elapsed Received 005 Library Real Estate Tax 2,680,059 2,680,059 2,680,059 0 14.8% 100 0% Other Sources of Revenue 108,975 108,975 133,403 -24,428 122.4% Appropriated Fund Balance 0 0 0 0 Total. Revenue & Fund Balance 2,789.034 2.789.034 2,813,462 -24,428 100.0% 100 9% 021, 023, 024 Highway Funds Real Estate Tax 3,688,276 3,688,276 3,688,276 0 20,3% 100.0% All Other Sources 1,740,074 1,740,074 1,507,264 232,810 86.6% Appropriated Fund Balance 225,000 225,000 225,000 0 Total, Revenue & Fund Balance 5,653,350 5,653,350 5,420,540 232,810 100.0% 95.9% 031 Consolidated San. Sewer District Sewer Service Charges 3,904,072 3,904,072 3,904,072 0 100.0% Other Sources of Revenue 89,522 89,522 93,179 -3,657 104.1 Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 3.993.594 3,993,594 3,997,251 -3,657 100.0% 100.1% 038 Stormwater Drainage District District Service Charges 856,180 856,180 856,180 0 100 0% Other Sources of Revenue 20,500 20,500 1,081 19,419 5 3% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 876,680 876,680 857,261 19,419 100,0% 97.8% 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 0 100 0% 100.1% 039 Rock Beach San_ Sewer District District Capital Charges 8,707 8,707 8,707 0 100.0% Other Sources of Revenue 0 _ 0 10 -10 #DIV/0! Total Revenue 8,707 8.707 8,717 -10 100.0% 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 38 -38 #DIV/0! Total Revenue 14,424 14,424 14,462 -38 100.0% 100.3% 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 1,179,096 -75,936 106.9% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 1.136.160 1,136,160 1,212,096 -75,936 100.0% 106.7% 071 - 098 Lighting Districts District Real Estate Tax 153,000 153,000 153,000 0 100.0% Other Sources of Revenue 0 0 509 -509 Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 153,000 153,000 153,509 -509 100.0% 100.3% 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 12,460,015 2.144.695 85.3% TOTAL 37,740,045 37,740,045 35,595,350 2,144,695 100.0% 94.3% Appropriated Fund Balance 1,067,280 1,067,280 1,067,280 0 100.0% Grand Total, Revenues and Appropriated Fund Balance 38,807,325 38,807,325 36,662,630 2,144,695 94.5% 2022 Printed on 2/9/2023 Page 2 Town Board Meeting Notes In this report, I am presenting a preliminary look at the 2022 financial results for the Town as of December 31. The 2022 books will not close until the end of February to allow for receipt and processing of outstanding commitments, and to account for and properly book the remaining revenue that is owed to the Town. Again, during the March Town Board meeting, I will present the most current 2022 preliminary results along with the respective 2023 monthly financial reports. The Town's auditors from the Bonadio Group will present highlights of the audited 2022 Financial Statements and Audit Report upon completion of the audit work. The 2022 financial results as of December 31st: 100% of the year has elapsed and the Town's total expenses slightly higher than budget at 100.6%—a sum of $39,743,894. Encumbrances are $1.109k and actual expenses total $38.634k. The actual expenses alone equate to 97.8% of budget. Encumbrances are still an important part of the Town's outstanding commitments. The General Fund expenses are on par with budget at 100.5% or $24.886k. The actual expenditures are 96.9% of budget or $23.976k while 3.7% (910k) remains for encumbrances. Outstanding general fund encumbrances include $335k for columbarium construction, $66k for IT projects, $134k for vehicles ordered in 2022 not yet received, and $80k for the school violence safety grant. Overall, the expenses in the highway funds are above budget at 107.7%; a total of approximately $6.107k. The costs in these funds result from considerable expenses for salt, gas, and paving as anticipated. The overage of expenditures results from 1 additional paving and will be offset by a rollover of 2021 CHIPS revenue. The Library expenditures are favorable at 96.8% of budget —a total of $2.699k. Expenses in the Sewer Fund of $3.887k are below budget at 95.5%. The Stormwater Drainage expenses are approximately 96.0% of budget —a total of $887k. Regarding the entire Town, revenue and appropriated fund balance of $36.660k or 94.5% has been documented to date. The General Fund has recorded revenue of $22.185k —91.7% of budget. Real estate tax of $11.797k has been collected. 98% of the Payment In Lieu Of Tax revenue of almost $283k has been received. 8 months of Sales Tax revenue in the amount of $ 4.604k (80.8% of budget); the AIM related payment of $613k has been received and Mortgage Tax for the three quarters of $925k has been received (94.4% of budget). Additional revenue to be recorded include 6 months of franchise fees, 4 months of sales tax and 3 months of mortgage tax. At month -end, the Library had confirmed revenue of $2.813k — 100.9%. 95.9% or $5.421 k of revenue has been recorded by the Highway. 100.1% of the Sewer Fund of $3.997k has been verified. Stormwater Drainage has received 97.8% of its budgeted revenue —$857k. This concludes the 2nd preliminary financial report for December 2022. 2 Town of Irondequoit Financial Report Month Ending 1/31/23 EXPENSES Percent Percent Fund Original Amended Cumulative, Year to Month End of of Budget Budget Budget Expended Encumb'd Available Year Spent& 4,047,044 Balance Elapsed Enc'brd 001 General (includes cemetery) 25,898,353 26,808,238 1,714,901 2,332,143 22,761,193 8.3% 15.1% percent of amended budget 6A% 8,7% 84.9% 005 Library 2,791,458 2,810,755 105,015 32,965 2,672,775 8.3% 4.9% percent of amended budget 3.7% 1.2% 95.1% 021 Highway# 1, Road Impvts. 3,617,491 r7,-628,599 97,874 321,366 3,209,358 8.3% 11.6% percent of emended budget rn 2.7% 8,9% 88 4% 023 Highway # 3, Equipment Maint. 1,080,830 M 1,082,927 33,451. o 143,195 * 906,282 8.3% 16.3% 10.8% percent of amended budget co 3.1 % N 13.2% a r: 83.7% 024 Highway#4, ROW / Winter 1,119,568 1 1,120,068 36,249 1,950 "7' 1,081,869 8.3% 3.4% % percent of amended budget 3.2 I ; 0.2%.J 96.6% 031 Consolidated San. Sewer Dist 4,362,057 4,416,220 212,733 159,230 4,044,257 8 3% 8 4% percent of amended budget 4.8% 3.6% 91.6% 038 Stormwater Drainage Dist. 888,044 947,088 23,622 83,688 839,778 8.3% 11.3% percent of amended budget 2.5% 8.8% 86.7% 036 LaSalle Landing Sewer District 139 139 0 139 0 8.3% 100.0% percent of emended budget 0.0% 100 0% 0.0% 039 Rock Beach San. Sewer Dist 8,302 8,302 0 0 8,302 8.3% 0.0% percent of amended budget 0.0% 0.0% 100.0° 040 Orland Road San. Sewer Dist. 14,149 14,149 0 0 14,149 8.3% 0 0% percent of amended budget 0.0% 0.0% 100.0% 051 Sea Breeze Water District 1,157,166 1,157,166 18,112 0 1,139,054 8 3% 1.6% percent of amended budget 1.6% 0,0% 98.4% 071 - 098 Lighting Districts 161,600 215,300 0 220,850 -5,550 8 3% 1026% percent of amended budget 0.0% 102.6% -2.6% TOTAL 41,099,157 42,208,950 2,241,956 3,295,527 36,671,467 8.3% 13.1% Percent of Amended Budget Spent Percent of Amended Budget Encumbered Total Percent Spent & Encumbered 5,537,483 5.3% 7.8% 13.1% Tax Levy Sensitive 34,507,839 35,450,725 1,987,489 2,831,759 30,631,477 8,3% 13.6% Total Spent + Encumbered 4,819,249 5 6% 8,0% 86 4% 13.6% REVENUES Cumulative Percent Percent Percent Original Amended Receipts Balance of of of Fund Budget Budget Through to be Real Estate Year Revenue This Month Received Tax Elapsed Received 001 General: Real Estate Tax (001-1001) 12,007,112 12,007,112 5,678,193 6,328,919 64.8% Payment In Lieu of Tax (001-1081) 257,392 257,392 96,518 160,874 Sales Tax (001-1120) 5,700,000 5,700,000 0 5,700,000 Mortgage Tax (001-3005) 990,000 990,000 0 990,000 AIM -Related Payments-NYS (001-2750) 613,283 613,283 0 613,283 Interest Eamings (001-2401) 5,000 5,000 404 4,596 Franchise Cable TV (001-1170) 666,000 666,000 -3,677 669,677 Recreation Program Fees (001-2001) 589,300 589,300 58,980 530,320 Cemetery Revenues (001-2190/2665) 167,000 167,000 0 167,000 Fines & Bail Forfeitures (001-2610) 150,500 150,500 15,424 135,076 Other Sources of Revenue 1,904,326 1,904,326 56,175 1,848,151 Appropriated Fund Balance 2,848,440 2,848,440 2,848,440 0 Total, Revenue & Fund Balance 25,898,353 25,898,353 8,750,457 17,147,896 47.3% 37,5% 00% 0.0% 0.0% 8.1% -0 6% 10.0% 0.0% 10 2% 2.9% 8.3% 33.8% 2023 Printed on 2/9/2023 Page 1 Month Ending 1/31/23 Fund Town of lrondequoit Financial Report Cumulative Percent Percent Percent Original Amended Receipts Balance of of of Budget Budget as of to be Real Estate Year Revenue This Month Received Tax Elapsed Received 005 Library Real Estate Tax 2,695,213 2,695,213 1,062,031 1,633,182 14.6% 39.4% Other Sources of Revenue 96,245 96,245 8,024 88,221 8.3% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 2,791,458 2,791,458 1,070,055 1,721,403 8.3% 38.3% 021, 023, 024 Highway Funds Real Estate Tax 3,816,294 3,816,294 2,331,399 1,484,895 20.6% 61.1% All Other Sources 1,501,595 1,501,595 -352,719 1,854,314 -23.5% Appropriated Fund Balance 500,000 500,000 500,000 0 Total, Revenue & Fund Balance 5,817,889 5,817,889 2,478,680 3,339,209 8.3% 42.6% 031 Consolidated San Sewer District Sewer Service Charges 3,879,510 3,879,510 2,034,043 1,845,467 52.4% Other Sources of Revenue 163,547 163,547 4,212 159,335 2.6% Appropriated Fund Balance 319,000 319,000 319,000 0 Total, Revenue & Fund Balance 4,362,057 4,362,057 2,357,255 2,004,802 8 3% 54.0% 038 Stormwater Drainage District District Service Charges 881,644 881,644 50,000 831,644 5 7% Other Sources of Revenue 6,400 6,400 70 6,330 1.1% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 888,044 888,044 50,070 837,974 8 3% 5.6% 036 LaSalle Landing Sewer District District Capital Charges 139 139 139 0 100.0% Other Sources of Revenue 0 0 0 0 #DIV/0! Total Revenue 139 139 139 0 8.3% 100 1% 039 Rock Beach San, Sewer District District Capital Charges 8,302 8,302 8,302 0 100.0% Other Sources of Revenue 0 0 3 -3 #DIV/0! Total Revenue 8,302 8,302 8,305 -3 8.3% 100.0% 040 Orland Road San Sewer District District Capital Charges 14,149 14,149 14,149 0 100.0% Other Sources of Revenue _ 0 0 12 -12 #DIV/0! Total Revenue 14,149 14,149 14,161 -12 8.3% 1001% 051 Sea Breeze Water District District Real Estate Tax 40,406 40,406 40,406 0 100.0% Other Sources of Revenue 1,116,760 1,116,760 7,099 1,109,661 0.6% Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 1,157,166 1,157,166 47,505 1,109,661 8.3% 4.1% 071 - 098 Lighting Districts District Real Estate Tax 161,600 161,600 161,600 0 100.0% Other Sources of Revenue 0 0 152 -152 Appropriated Fund Balance 0 0 0 0 Total, Revenue & Fund Balance 161,600 161,600 161,752 -152 8.3% 100.1% Summary of Revenues and Appropriated Fund Balances Real Estate Tax 18,518,619 18,518,619 9,071,624 9,446,995 100 0% 49.0% Special District Real Estate Tax 202,006 202,006 202,006 0 100.0% Sanitary Sewer Service Charges 3,902,100 3,902,100 2,056,633 1,845,467 52,7% Stormwater District Service Charges 881,644 881,644 50,000 831,644 5,7% Other Sources of Revenue 13,927,348 13,927,348 -109,324 14,036,672 -0.8% TOTAL 37,431,717 37,431,717 11,270.939 26,160,778 8 3% 30.1% Appropriated Fund Balance 3,667,440 3.667,440 3,667,440 0 100.0% Grand Total, Revenues and Appropriated Fund Balance 41,099,157 41,099,157 14,938,379 26,180,778 36.3% 2023 Printed on 2/9/2023 Page 2 Town Board Meeting Notes .... the second report.... The 2023 financial results for the Town as of January 31: total expenses —actual as well as encumbered —are $5.537k or 13.1% of budget --higher than the 8.3% of the year that has elapsed. The breakdown is: actual expenses $ 2.241 k and encumbered expenses $3.296k. Encumbrances are typically high early in the year as departments are committing to services and supplies that will be needed throughout the year and outstanding prior year open encumbrances roll into the new year. The General Fund expenses are at 15.1% of budget or $4.047k. Here is the breakdown: actual expenditures - $1.715k encumbrances $2.332k. Together, the expenses in the highway funds are $634k or 10.8% of budget. Expenditures in the Library are under budget at $138k or 4.9%. The Sewer Fund expenses are 8.4% of budget equating to $372k. The expenses in Stormwater Drainage total $107k-11.3% of budget. The General Fund revenue received is $8.750k or 33.8% of budget. Included in revenue is $5.678k of real estate tax -47.3% of budget as the tax collection period was not complete. $59k of recreation revenue has been received — approximately 10.0% of budget. Regarding the entire Town: $14.938k or 36.3% of revenue has been received to - date. 1 Approximately $9.071 k of the amount received is real estate tax equating to 49.0% of that line item. The Library has received $1.070k or 38.3% of its budgeted revenue. 42.6% or $2.478k is in for the Highway. Sewer has received $2.357k-54.0% of that fund's budget. Stormwater drainage receipts of $50k (5.6% of budget) has been received. 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. To date, approximately $17M has been allocated to projects. This concludes my financial report for the month of January 2023. 2 ORGANIZATIONAL TOWN BOARD MEETING JANUARY 3, 2023 1 Organizational Town Board Meeting of the Town Board of the Town of Irondequoit held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 3rd day of January 2023 at 4:00 P.M. local time; there were: PRESENT: Supervisor Rory Fitzpatrick Town Board Member Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Harter Secrest & Emery Attorney for the Town OTHERS IN ATTENDANCE: Assessor Amy Jorstad, Comptroller Diana Marsh, Commissioner of Public Works Erin Magee, Director of Information Services Kevin LaBarr, Acting Chief of Police Mark Jesske, Director of Human Services Jason Vinette, Community Development Coordinator Mary Werner, Planning & Zoning Clerk Michelle Nichols and Acting Deputy Town Clerk Maria Vecchio. Supervisor Fitzpatrick called the Organizational Meeting to order at 4:00 PM, Pledge was said, and Acting Deputy Town Clerk Vecchio called Roll. Supervisor Fitzpatrick welcomed all to the Town’s organizational meeting, the first meeting of the year where we adopt resolutions to organize the Town’s business for the coming year, make several appointments to town offices and a handful of resolutions concerning the continued operation of government. ITEMS FOR BOARD ACTION: 1ORG2023-1 RESOLUTION AUTHORIZING THE APPOINTMENT OF A DEPUTY SUPERVISOR FOR THE TOWN OF IRONDEQUOIT On a motion of Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the appointment of John Perticone as Deputy Supervisor for the Town of Irondequoit. Supervisor Fitzpatrick noted that this resolution is necessary to ensure the town functions by making appointments that guarantee the continuation of daily operations, and under Section 42 of New York State Town law, if authorizes the Supervisor to appoint a Deputy Supervisor to preside at meetings of the town board and be vested in all powers and perform all duties of the supervisor when the town supervisor is absent or unable to act . Asked for any questions or comments; thanks Mr. Perticone, stated he’s been extremely helpful, takes his role very seriously and has only missed one meeting due to medical. The Supervisor mentioned that Mr. Perticone has even attended several meetings under distress and pain and anguish of kidney stones – a true display of his character. Mr. Perticone thanked Supervisor Fitzpatrick for putting his name forward for Deputy Supervisor; thanked Councilwoman Romeo and Councilman Wehner for their support. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Abstain Town Board Member Romeo Aye Town Board Member Freeman Nay Town Supervisor Fitzpatrick Aye Resolution Number 2023-001 1ORG2023-2 RESOLUTION TO REQUIRE CHECKS TO BE COUNTERSIGNED BY THE COMPTROLLER On a motion of Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the requirement of having all checks disbursing money belonging to the Town to be countersigned by the Town Comptroller. Comptroller Marsh explained this resolution will require all town checks to be countersigned by the Comptroller, that this has been the practice of the Town for many years and that this would continue that practice moving forward. ORGANIZATIONAL TOWN BOARD MEETING JANUARY 3, 2023 2 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-002 1ORG2023-3 RESOLUTION TO BOND TOWN OFFICERS, CLERKS AND EMPLOYEES On a motion of Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the blanket bonding of the officers, clerks and employees of the Town. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-003 1ORG2023-4 RESOLUTION DESIGNATING AN OFFICIAL TOWN NEWSPAPER On a motion of Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted designating The Daily Record as the official Town newspaper. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-004 1ORG2023-5 RESOLUTION TO OPEN COMPETITIVE BIDS On a motion of Councilmember Freeman, seconded by Councilmember Wehner. a resolution was adopted approving and authorizing the Town Clerk or the Deputy Town Clerk to open competitive bids pursuant to the Town’s Procurement Policy and applicable law. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-005 1ORG2023-6 RESOLUTION AUTHORIZING THE SUPERVISOR TO APPOINT SEASONAL, ON-CALL, PART-TIME AND TEMPORARY STAFF FOR THE YEAR 2022 FOR THE TOWN OF IRONDEQUOIT On a motion of Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the appointment of seasonal, on-call, part-time and temporary employees of the Town for the year 2023, based upon the recommendation of appropriate staff. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-006 1ORG2023-7 RESOLUTION AFFIRMING REAPPOINTMENTS OF HISTORIC PRESERVATION COMMISSION MEMBERS On a motion of Councilmember Romeo, seconded by Councilmember Wehner. a resolution was adopted affirming the reappointments of Jennifer Aherns, Sara Corona, Christopher Brandt (Chair), Mark Johns (Vice Chair), Greg Walther, Bruce Dumbauld, and Thomas Knauf. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-007 1ORG2023-8 RESOLUTION AUTHORIZING THE APPOINTMENT OF A PLANNING BOARD MEMBER On a motion of Councilmember Perticone, seconded by Councilmember Wehner. a resolution was adopted appointing John Caterino to the Planning Board for a seven-year term, with term expiring December 31, 2029. Michelle Nichols explained this position is available due to a term expiration. ORGANIZATIONAL TOWN BOARD MEETING JANUARY 3, 2023 3 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-008 1ORG2023-9 RESOLUTION AUTHORIZING THE REAPPOINTMENT OF A ZONING BOARD CHAIRMAN On a motion of Councilmember Perticone, seconded by Councilmember Romeo, a resolution was adopted reappointing James S. Hinman as a member to the Town Planning Board. Michelle Nichols explained Mr. Hinman currently served as the board chair, which expired on December 31, 2022. She noted that Mr. Hinman is a great asset as Zoning Board of Appeals as chair, with his consistency and expertise of the Town’s zoning code. Town staff recommended the re-appointment of Chairman of James S. Hinman with a two-year term. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-009 1ORG2023-10 RESOLUTION AUTHORIZING THE REAPPOINTMENT OF A ZONING BOARD OF APPEALS MEMBER On a motion of Councilmember Romeo, seconded by Councilmember Perticone a resolution was adopted approving the reappointment of Lou Englert to the Zoning Board of Appeals. Michelle Nichols noted that Mr. Englert was first appointed to the Zoning Board in April of 2022 fulfilling a previous term that was vacated. Mr. Englert has completed the required training and is in good standing. If appointed, his term would be a seven-year. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-010 1ORG2023-11 RESOLUTION AUTHORIZING THE APPOINTMENT OF A ZONING BOARD OF APPEALS MEMBER On a motion of Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the appointment of Cecil A. Johnson to the Zoning Board of Appeals. Michelle Nichols explained this position exists due to a resignation last year. The current Zoning Board of Appeals alternate Mr. Cecil A. Johnson’s term expired December 31, 2022. Town staff recommends the appointment of Mr. Cecil A. Johnson to fill the term of Zoning Board of Appeals member, with an expiration on December 31, 2025. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-011 1ORG2023-12 RESOLUTION AUTHORIZING THE REAPPOINTMENT OF A DEER MANAGEMENT PROGRAM BOARD MEMBER On a motion of Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted approving the reappointment of Marcy Tiberio to the Deer Management Program Board. Attorney for the Town Megan Dorritie explained that, per Town Code, the Deer Management Program Board needs to have a resident member. Ms. Tiberio has served in that position previously and the recommendation is that she serve in that position again, with a term expiring December 31, 2023. ORGANIZATIONAL TOWN BOARD MEETING JANUARY 4, 2023 4 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-012 On a motion of Councilmember Romeo, seconded by Councilmember Wehner, pursuant to Section 105-1(f) of Public Officers Law, the Board entered into an Executive Session for matters leading to the appointment of a particular person or corporation. Supervisor Fitzpatrick called an Executive Session pursuant to Public Officers Law Section 105- 1(f) for matters leading to the appointment of a particular person or corporation. The Town Board entered Executive Session at 4:14PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED The Board returned from Executive Session at 4:32PM. On a motion of Councilmember Perticone, seconded by Councilmember Romeo, with no Board action taken, Executive Session was adjourned. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED NEXT WORKSHOP MEETING…TUESDAY, JANUARY 10, 2023 @ 4:00 PM NEXT REGULAR TOWN BOARD MEETING…TUESDAY, JANUARY 17, 2023 @ 7:00 PM On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the January 3, 2023 Organizational Town Board Meeting was adjourned at 4:33 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Maria Vecchio, Acting Deputy Town Clerk WORKSHOP MEETING JANUARY 10, 2023 5 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 10th day of January 2023 at 4:00 P.M, there were: PRESENT: Supervisor Rory Fitzpatrick Town Board Member Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Harter Secrest & Emery, LLP Attorney for the Town Others in attendance included Assessor Amy Jorstad, Acting Chief of Police Mark Jesske, Comptroller Diana Marsh, Communication Assistant Mike Moss, Commissioner of Public Works Erin Magee, Director of Personnel Jason Vinette, Management Assistant Megan Hoffman, Director of Information Technology Kevin LaBarr, Community Development Coordinator Mary Werner, Director of Recreation Shannon Grieve, Director of Administration Maria Vecchio, Assistant to the Supervisor Ellie Gustafson and Town Clerk Genier. Supervisor Fitzpatrick called the meeting to order, Pledge was said, and Town Clerk Genier called Roll. SUPERVISOR’S REMARKS: *Supervisor Fitzpatrick noted that the Town will celebrate Winterfest on January 21, 2023 from 11 am to 3 pm. on the Town Hall campus. *He stated that there will be a 3-minute recap given by the Department Heads at each workshop meeting. They will report on what their department is doing and/or will be doing. This will give the public and Board members a chance to ask questions. Supervisor Fitzpatrick stated that the Board is making the Town business open and transparent. All meetings will be aired. *Supervisor Fitzpatrick announced that if any staff member needs to use a vehicle for business use, to sign out a Town vehicle. He asked that personal vehicles not be used. There are 4 cars available for use. *He asked the Public Works Department to put together a list of Town-owned buildings and square footage to be used with grants and green programs. He also requested a list of pumps, including installment dates, efficiencies, and potential replacement projections, and monitoring the Public Works’ vehicles, including their usage, energy and efficiencies. *Supervisor Fitzpatrick added that the Town will be looking forward to possible use of electric vehicles, if feasible. The Town codes will also be reviewed for updating purposes. The Town Board members have asked for this information as they are not in the Town Hall on a regular basis. PRESENTATION GIVEN BY WES PETTEE FROM LABELLA ASSOCIATES REGARDING RENTAL REGULATION AND ENFORCEMENT STRATEGIES: Wes Pettee from LaBella Associates discussed this issue with the Board members, mostly centering on short-term rentals. He defined short-term rentals as the rental of all or part of a residential dwelling unit for a duration of occupancy of less than 30 days. The Board members are looking to update the rental codes that are outdated and move them into 2023. Most of the discussion centered on legislation and enforcement of the regulations. Mr. Pettee identified some potential goals to include in drafting new legislation: preservation of the character of the neighborhood, protection of property values, maintaining public safety, maintaining housing affordability and availability. allowing residents to use their properties to generate extra income and encourage WORKSHOP MEETING JANUARY 10, 2023 6 tourism to fuel local economy. This housing issue in not just a local issue but is found in other areas as well. This topic will be discussed with the public through a Public Hearing. The Board members agreed that this is an issue that needs discussion regarding the drafting of new legislation, followed by enforcement of the laws. It was suggested that the residents reach out to the Board members with their comments. Mr. Pettee added that other areas to be discussed include: definition of short-term rentals, rental certificate and associated fees, how long certificate is valid and identify the process to renew and fee for renewal, parking requirements, moratorium on short-term rentals and enforcement and penalties. Mr. Pettee reviewed the three basic types of short-term rentals: 1) Host Sharing where the primary occupant remains on site with guests; 2) Unhosted Sharing where the primary occupant vacates the property; and 3) Dedicated Vacation Rental where there are no primary occupants on the property. Supervisor Fitzpatrick inquired about Bed and Breakfast offerings in Town and that will have to be researched. REVIEW OF AGENDA ITEMS FOR JANUARY 17, 2023 RTB MEETING: Financial Report: Comptroller Diana Marsh noted that the 2022 financial records will not close until the end of February to allow for receipt and processing of outstanding commitments and to account for and properly record the remaining revenue that is owed the Town. The Comptroller will present the most current 2022 preliminary results, along with the respective 2023 monthly financial reports, at the February and March Town Board meetings. The Town’s auditors from the Bonadio Group will present highlights of the audited 2022 Financial Statements and Audit Report following the annual audit. Comptroller Marsh reviewed the preliminary financial results for the Town as of December 31, 2022: Total expenses and encumbrances: 100% of the year has elapsed and the Town’s total expenses are on par at 100.2%--a sum of $39,634,000. Encumbrances are $1,600,000 and actual expenses total $38,023,000. The actual expenses alone equate to 96.2% of budget. Encumbrances remain for services, supplies and commodities committed to in 2022. The General Fund Expenses are at 100.5% or $24,902,000. The actual expenditures are 95.5% of budget or $23,657,000, while 5% is due to encumbrances of $1,245,000. Included in the General Fund encumbrances are police vehicles, services related to the school safety grant, legal fees and contracted services for the columbarium construction. Overall, expenses in the Highway funds are 108.3% of budget, a total of approximately $6,138,000. The costs in these funds result from considerable expenses and encumbrances for salt, gas and paving as anticipated. The excess expenditures result from additional paving costs which will be reimbursed with a rollover of CHIPs funding. The Library expenses are favorable at $2,647,000 or 94.9% of budget. The Sewer Fund has expended $3,860,000 or 94.8% which is below budget. Actual expenditures are $3,778,000 (92.8%) and encumbrances remain at $83,000. Stormwater Drainage expenses total $870,000 or 94.2% of budget. Regarding the entire Town, revenue and appropriated fund balance, $36.259,000 or 93.4% has been documented to date. The General Fund Revenue recorded $22,081,000 or 91.3% of budget. Real Estate Tax of $11,798,000, 100% of that budget line has been collected. The Town has recorded 8 months of Sales Tax totaling $4,604,000 or 80.8% of budget. 94.4% of mortgage tax, or $925,000, representing three quarters of activity, has been received. The NYS Aid & Incentives to Municipalities payment has been received in an amount of $613,000. Other sources of revenue include 6 months of Franchise Fees, 4 months of Sales and Mortgage Taxes. At month-end, the Library confirmed revenue of $2,795,000 or 100.2%; 95.3% or $5,390,000 of revenue has been recorded by the Highway; 100.1% of the Sewer Fund revenue of $3,997,000 has been verified. Stormwater Drainage has received 97.8% WORKSHOP MEETING JANUARY 10, 2023 7 or $857,000 of its budgeted revenue. Additionally, the American Rescue Funds of $22,454,916 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. Approximately $17M has been allocated to projects to date. Approval of Minutes: Minutes from the following meetings to be approved: November 15, 2022 Regular Town Board Meeting December 13, 2022 Workshop Meeting December 20, 2022 Regular Town Board Meeting Comptroller: Comptroller Diana Marsh reviewed five (5) resolutions. The first resolution would schedule a public hearing at the Regular Town Board meeting on February 21, 2023 at 7:35 p.m. to provide the public an opportunity to comment on the Irondequoit Community Development Block Grant (CDBG) Program. The second resolution would authorize the adjustment of the mileage reimbursement rate for 2023 to $.655, consistent with the rate allowed by the U.S. Internal Revenue Service. Most employees use the Town vehicles but there are a few who use their personal vehicle. The next three (3) resolutions would allocate American Rescue Plan Act Funding. The first allocation in the amount of $85,000 for a non-profit grant program. Supervisor Fitzpatrick stated that he meets with non-profit groups monthly. He would like to support them as they are very important to the Town; the second allocation authorizes the American Rescue Plan Revenue Recovery to purchase Police community engagement programs, Information Technology HVAC and Information Technology BWC server, not to exceed $75,000; and the third allocation authorizes the use of ARPA funds in the amount up to $100,000 for a telephone system. Director of Information Technology Kevin LaBarr stated that the phone system is not the right one for the Town. The new system should last 10 years and will save the Town licensing fees. Police: Acting Chief of Police Mark Jesske reviewed one (1) resolution authorizing the entry into Intermunicipal Agreements with Monroe County and accepting funding for DWI programs. The funding from New York State for the 2023 STOP DWI Program is in the amount of $6,773.90 and $3,416.00 for the STOP DWI High Visibility Engagement Campaign Grant Program. The terms for both programs are one year. Public Works: Commissioner of Public Works Erin Magee reviewed seven (7) resolutions. The first resolution authorizes the award of bid for the Tacked Sidewalk Plow to Cyncon Equipment in the amount of $191,800. The second resolution would authorize the Supervisor to execute an agreement with Monroe County for Snow & Ice Control services for 2022/2023 season. This is an annual agreement with Monroe County. The County will reimburse the Town of Irondequoit for snow removal and ice control activities on certain Monroe County roadways at a rate of $3,967 per lane mile for a total of 87,205 miles. The third resolution authorizes the Supervisor to enter into an agreement for Monroe County All Seasons Work in Monroe County Rights-of-Way. This agreement was entered into in 2017 for a term of ten years. There is an updated labor- related fee chart, labeled Appendices B & C, that will be added to the agreement. The fourth resolution would authorize the purchase of one CAB Tractor for mowing grass along various rights-of-way. This purchase will be made through the NYS Office of General Services at the same price and under the same terms and conditions as the State. LandPro Equipment, LLC is an authorized dealer under the State Contract and offers the cab tractor at a price of $89,428.44; funding is available for this purchase in the 2023 budget. The fifth resolution would authorize purchase of two separate attachments for the Cab Tractor. The Town is authorized to purchase WORKSHOP MEETING JANUARY 10, 2023 8 through the NYS Office of General Services and Deere & Company has been awarded the State Contract. LandPro Equipment, LLC is an authorized dealer under the State Contract and offers the two attachments at a price of $85,610.05. Funding is available in the 2023 budget. The sixth resolution authorizes the purchase of one pickup truck with plow equipment to be used by the Department of Public Works. The Town is authorized to purchase through the County contracts. Onondaga County is a qualified solicitor of sealed bids and the lowest responsible bid is $82,269.30 for a 2023 Ford F-450 XL regular cab 4x4 pickup trust with plow equipment from Van Bortel Ford. Funding is available in the 2023 budget. The seventh resolution declares certain equipment as surplus property and authorizes said surplus equipment to be auctioned off at the next appropriate municipal equipment auction. Recreation: Director of Recreation Shannon Grieve reviewed two (2) resolutions. The first resolution would authorize the use of a conference room to the Genesee Valley Recreation and Park Society (GVRPS). The organization will be hosting a member meeting at the Irondequoit Community Center on or about February 15 or 16, 2023 at no charge to GVRPS. The group is an information-sharing organization with other recreation departments of other Towns and a great benefit to the Town. The second resolution authorizes the Supervisor to enter into various contracts with vendors for the Town’s 2023 Winterfest Celebration which will be held on Saturday, January 21, 2023. The Town has received other donations for this event from Town groups, such as Irondequoit Rotary Club. Supervisor: The Supervisor reviewed one (1) resolution entering into an agreement for electronics recycling services. Supervisor Fitzpatrick noted that the Town needs a provider for electronic recycling services for its commitment to protect the environment and the community. The NYS legislature established a Program whereby Program Partners has the costs of electronics recycling covered by the manufacturer or Collective Acceptance Program. Sunnking, Inc. is a local electronics recycling company authorized to accept and process electronic equipment as scrap. The costs of the recycling is covered by the manufacturer or collective acceptance program. This resolution would authorize the Supervisor to enter into a contract with Sunnking for operating an electronics Collection Recycling Program. Town Clerk: There are two (2) resolutions to be reviewed, both approving the Special Event License for Town events. The first resolution approves the Special Event License for the 7th Annual Cupid’s Cup 5K Run/Walk to be held on Sunday, February 12, 2023, beginning and ending at West Irondequoit High School from 8:30 a.m. to 10:30 a.m. The second resolution approves the Special Event License for the Irondequoit Beer Company’s 585 Stout Fest to be held on Saturday, February 4, 2023 from Noon to 10:00 p.m. All approvals have been received. ITEMS FOR BOARD ACTION: 1WS2023-1 Resolution Authorizing the Award of Bid for 3 Ton Tandem Roller On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted awarding the bid for the 3 Ton Tandem Roller to Monroe Tractor & Implement Company in the amount of $42,000. Commissioner of Public Works Erin Magee explained that this resolution was being brought to the Workshop Meeting instead of the Regular Town Board meeting since this piece of equipment is being held for the Town and the Company wants to know that the Town has good intentions of moving forward with this purchase. WORKSHOP MEETING JANUARY 10, 2023 9 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-013 The next Town Board meeting will be held on Tuesday, January 17, 2023 at 7 p.m. On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Workshop Meeting was adjourned at 5:09 p.m. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk SPECIAL TOWN BOARD MEETING JANUARY 20, 2023 19 PRESENT: Rory Fitzpatrick Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery Town Attorney Others in attendance included Director of Administration Maria Vecchio, Secretary to the Supervisor Ellie Gustafson, Acting Chief of Police Mark Jesske, Comptroller Diana Marsh, Community Development Coordinator Mary Werner, Communication Aide Michael Moss and Town Clerk Barbara Genier. Supervisor Fitzpatrick called the meeting to order, Pledge was said and Roll Call taken by Town Clerk Genier at 1:00 PM. Supervisor Fitzpatrick reminded people that the Town will be holding Winterfest on Saturday, January 21st from 11 AM to 3 PM. There will be a lot of fun outdoor activities for the whole family. He also noted that snow has been delivered for the event. Attorney Megan Dorritie addressed government treatment of documents with the Town Board members. Any document that is considered sensitive in nature, please bring them back to the Town Hall. She offered to help pick up the documents or they can be taken to her office. She will make sure they are property disposed of. Councilmember Freeman asked the attorney how long the documents given at the various meetings must be kept after the Town Board member leaves office. Attorney Dorritie stated that those are Town records; she will check into that and get back to Councilmember Freeman. ITEMS FOR BOARD ACTION: 1STB2023-1 RESOLUTION to Enter into a Contract for Emergency Medical Services with Irondequoit Ambulance On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted selecting Irondequoit Ambulance to provide emergency medical services within the identified areas of the Town on the following terms: one-year contract; payment of $60 per call dispatch; payment for standby advanced life support services at $150 per hour; payment for standby basic life support services at $125 per hour; and a limit on total payments of $300,000 during the contract term. Supervisor Fitzpatrick stated that he was happy that the Town can partner with Irondequoit Ambulance and keep a great local service in Irondequoit. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-33 SPECIAL TOWN BOARD MEETING JANUARY 20, 2023 20 1STB2023-2 RESOLUTION to Enter into a Contract for Emergency Medical Services with Monroe Ambulance On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted selecting Monroe Ambulance to provide emergency medical services within the identified areas of the Town on the following terms: one-year contract; payment of $60 per call dispatch; payment for standby advanced life support services at $150 per hour; payment for standby basic life support services at $125 per hour; and a limit on total payments of $100,000 during the contract term. Councilmember Freeman noted that this is a necessary and important service to provide the people in Irondequoit. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-34 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Special Town Board meeting was adjourned at 1:06 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk SPECIAL TOWN BOARD MEETING JANUARY 17, 2023 10 PRESENT: Rory Fitzpatrick Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery Town Attorney Others in attendance included Director of Administration Maria Vecchio, Secretary to the Supervisor Ellie Gustafson, Acting Chief of Police Mark Jesske, Comptroller Diana Marsh, Community Development Coordinator Mary Werner, Communication Aide Michael Moss, Director of Recreation Shannon Grieve and Town Clerk Barbara Genier. Supervisor Fitzpatrick called the meeting to order, Pledge was said and Roll Call taken by Town Clerk Genier at 6:00 PM. On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, pursuant to Public Officers Law §105-1(f), an Executive Session was called at 6:02 PM to discuss matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation. 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 EXECUTIVE SESSION On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the Executive Session and Special Town Board Meeting were adjourned at 6:42 PM UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye *Town Board Member Freeman Absent/Nay Rory Fitzpatrick Supervisor Aye *Councilmember Freeman was at the Special Town Board Meeting at 6 PM and entered into the Executive Session. However, she returned to the Broderick Room prior to the adjournment of the Executive Session and remained on the dais. She was not in the Executive Session when the adjournment vote was called. SPECIAL TOWN BOARD MEETING JANUARY 17, 2023 11 Respectfully submitted, Barbara Genier, Town Clerk REGULAR TOWN BOARD MEETING JANUARY 17, 2023 12 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 17th day of January 2023 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, Acting Chief of Police Mark Jesske and several Police Officers, Comptroller Diana Marsh, Management Assistant Megan Hoffman, Community Development Coordinator Mary Werner, Human Resources Director Jason Vinette, IT Director Kevin LaBarr, Commissioner of Public Works Erin Magee, 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 stated that Winterfest will be held on Saturday, January 21, 2023 from 11 a.m. to 3 p.m. There will be outdoor activities for the whole family. *On January 25th, the Assessor’s Office will be at the Community Center from 1 p.m. to 3 p.m. to handle any matters within that Department. *On Wednesday, January 25th the Town Hall will be open from 4:30 p.m. to 6:30 p.m. to help residents who are not able to come during the day. The Town Hall will also be open on Saturday, January 28th from 9 a.m. to Noon to help people who are not able to come during the week. *On Thursday, January 26th the Assessor’s Office will hold a revaluation program in the Broderick Room at 6:00 p.m. This meeting will be streamed on all channels. Supervisor Fitzpatrick noted that Chief of Police, Alan Laid, retired unexpectedly in November. Since then, Acting Chief Mark Jesske has done an excellent job leading the Department while the Town was conducting a thorough search for a new Chief of Police. Supervisor Fitzpatrick noted that it is extremely important to quickly move on this matter for the safety and security of the community and continuity of operations in the Police Department. Attorney Megan Dorritie reviewed the process the Town followed in searching for a candidate to fill this position. The resolution coming before the Board at this meeting was prepared after an extended and deliberate candidate search, interviews, and investigation process. Attorney Dorritie explained the process, as well as the Town’s actions on this matter in response to concerns raised by a non-resident regarding the appointment. The Town canvassed the Civil Service list for the open position and formed a five-person Selection Committee, consisting of the Director of Human Resources, two members of Town staff and two Town Board members. She stated that four candidates applied for the position and three candidates were interviewed; one candidate withdrew before the interviews. At the end of that process, the Selection Committee recommended that the Town offer the position to Mr. Peters. The offer was on the conditions that the Board approve the appointment and that Mr. Peters successfully complete the background investigation and medical and psychological examinations. Initially, the Town was slated to consider the conditional appointment of Mr. Peters at the December 20th Regular Town Board meeting. But after the Board members were made aware of the proposed resolution and before the resolution was publicly posted, Attorney Dorritie received an email from Attorney Nathan McMurray regarding Mr. Peters. Attorney McMurray lives and practices in the Buffalo area, but he is known to the Town because he represents a plaintiff in a lawsuit against the Town. Attorney McMurray made some very serious allegations about Mr. Peters stating he organized and attended what has been referred to as a “racist party” at an East Avenue residence on July 7, 2022 and that he would make these allegations public if the Town proceeds with the hiring of Mr. Peters. The Town believed that Attorney McMurray’s allegations should be thoroughly investigated and considered as part of the appointment process. The Town also believes that publicizing untrue allegations could lead to liability for the Town. A background check of Mr. Peters is being conducted; the official background investigation has not yet been delivered to the Town. When asked for any evidence supporting the allegations was available, Attorney McMurray refused to provide any proof, saying at one point that it is not his duty to do so. The Board was updated about the hiring process and Attorney McMurray’s allegations. Mr. Peters came to the Town offices to speak with any Board member who had questions. Attorney Dorritie REGULAR TOWN BOARD MEETING JANUARY 17, 2023 13 stated that Mr. Peters has denied the allegations in a publicly-available statement signed under oath. He stated that he and his wife were not in attendance at the party, were not invited to the party, and have no connection to the party. He further stated that neither he nor his wife know the hosts of the party or have any connection to the hosts of the party. Attorney Dorritie stated that the Board is considering conditionally appointing Mr. Peters as Chief of Police, following successful completion of the official background investigation, which investigation should address Attorney McMurray’s allegations. This explanation is being provided because Attorney McMurray took to Twitter to publicize his allegations against Mr. Peters despite refusing to provide proof of his allegations. The Board hopes that any public comment concerning Mr. Peters’ appointment will be respectful and not based on rumors and conjecture. If there is evidence that the allegations are true, please provide that information to the Town. PUBLIC INPUT: Taylor Dalton, 47 Astor Drive, addressed the Board members concerning regulations for short- term rentals and he is making his rounds to several towns. He is a short-term rental owner, manager and operator for the past four years. He doesn’t currently have any rentals in Irondequoit but would like to investigate that possibility. Mr. Dalton feels there is a negative feeling about short-term rentals are a place for parties and giant gatherings. This is not true for most cases. Many renters just want to have a place to come home to and he has partnered with businesses looking for homes to rent until they get settled in their jobs. He believes that these rentals can build the economy and global interest. Mr. Dalton noted that his rental limit is typically 2 to 3 night minimum and up to a 5-night minimum in the summer. Dave Nicchitta, 57 Greenhaven Road, is a 24-year resident of Irondequoit. He has been in law enforcement for 20 years. He stated that the Selection Committee made a great choice in selecting Scott Peters for the Chief of Police position. He has known Scott Peters for 50 years and has worked with him professionally. Mr. Peters is fair, honest, loyal, and hard working. His reputation is beyond reproach. Mr. Nicchitta noted that some people want to tarnish Mr. Peter’s reputation with false allegations and lies which have been seen on social media, but there is a silent majority who support the men in blue. FINANCIAL REPORT: Comptroller Diana Marsh noted that the 2022 financial records will not close until the end of February to allow for receipt and processing of outstanding commitments and to account for and properly record the remaining revenue that is owed the Town. The Comptroller will present the most current 2022 preliminary results, along with the respective 2023 monthly financial reports, at the February and March Town Board meetings. The Town’s auditors from the Bonadio Group will present highlights of the audited 2022 Financial Statements and Audit Report following the annual audit. Comptroller Marsh reviewed the preliminary financial results for the Town as of December 31, 2022: Total expenses and encumbrances: 100% of the year has elapsed and the Town’s total expenses are on par at 100.2%--a sum of $39,634,000. Encumbrances are $1,600,000 and actual expenses total $38,023,000. The actual expenses alone equate to 96.2% of budget. Encumbrances remain for services, supplies and commodities committed to in 2022. The General Fund Expenses are at 100.5% or $24,902,000. The actual expenditures are 95.5% of budget or $23,657,000, while 5% is due to encumbrances of $1,245,000. Included in the General Fund encumbrances are police vehicles, services related to the school safety grant, legal fees and contracted services for the columbarium construction. Overall, expenses in the Highway funds are 108.3% of budget, a total of approximately $6,138,000. The costs in these funds result from considerable expenses and encumbrances for salt, gas and paving as anticipated. The excess expenditures result from additional paving costs which will be reimbursed with a rollover of CHIPs funding. The Library expenses are favorable at $2,647,000 or 94.9% of budget. The Sewer Fund has expended $3,860,000 or 94.8% which is below budget. Actual expenditures are $3,778,000 (92.8%) and encumbrances remain at $83,000. Stormwater Drainage expenses total $870,000 or 94.2% of budget. Regarding the entire Town, revenue and appropriated fund balance, $36.259,000 or 93.4% has been documented to date. The General Fund Revenue recorded $22,081,000 or 91.3% of budget. Real Estate Tax of $11,798,000, 100% of that budget line has been collected. The Town has recorded 8 months of Sales Tax totaling $4,604,000 or 80.8% of budget. 94.4% of mortgage tax, or $925,000, representing three quarters of activity, has been received. The NYS Aid & Incentives to Municipalities payment has been received in an amount of $613,000. Other sources of revenue include 6 months of Franchise Fees, 4 months of Sales and Mortgage Taxes. At month-end, the Library confirmed revenue of $2,795,000 or 100.2%; 95.3% or $5,390,000 of revenue has been recorded by the Highway; 100.1% of the Sewer Fund revenue of $3,997,000 has been verified. Stormwater Drainage has received 97.8% or $857,000 of its budgeted revenue. Additionally, the American Rescue Funds of $22,454,916 have been received. The use of this funding is restricted for the response to and relief of COVID- REGULAR TOWN BOARD MEETING JANUARY 17, 2023 14 19 and can be used to cover costs incurred through December 31, 2024. Approximately $17M has been allocated to projects to date. On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the Financial Report was accepted. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED APPROVAL OF MINUTES: On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the November 15, 2022 Regular Town Board minutes were approved. Councilmember Freeman commented that on page 207, in the October 25, 2022 Approval of Minutes, she was listed as Absent. She was listed as Absent; she was not Absent but Abstained. There was discussion on when a Councilmember can Abstain or not Abstain. Attorney Megan Dorritie explained that to Abstain is used only if there is a financial conflict and that is in the Town Code. She added that some Board members do not want the connotation of a Nay vote. Attorney Dorritie stated it would be correct to have both Abstain/Nay for the vote. She explained that the Abstain vote is an accurate recording of what happened; the Nay vote is an accurate recording of the vote. Under NYS Ethics Law, Abstention means that there is a financial conflict that prevents you from participating in a vote. Attorney Dorritie stated that Abstain/Nay would be technically correct. Town Clerk Genier will amend Councilmember Freeman’s October 25, 2022 Approval of Minutes vote from Absent to Abstain/Nay and also her Nay vote on Resolution No. 2022-315, dated November 15, 2022, regarding attendance to the Defensive Edge Courses at Camillus Police Department to Abstain/Nay. On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the changes requested by Councilmember Freeman to the November 15, 2022 Minutes were accepted. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, the December 13, 2022 Workshop Meeting Minutes were approved. UPON VOTING Town Board Member Wehner Aye Town Board Member Perticone Aye Town Board Member Romeo Aye Town Board Member Freeman Abstain Town Supervisor Fitzpatrick Aye On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, the December 20, 2022 Regular Town Board Meeting Minutes were approved. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED ITEMS FOR BOARD ACTION: 1A2023-1 RESOLUTION AUTHORIZING THE APPOINTMENT OF A CHIEF OF POLICE IN THE IRONDEQUOIT POLICE DEPARTMENT On a motion made by Councilmember Romeo, seconded by Councilmember Perticone, a resolution was adopted approving the hiring of Scott Peters as Chief of Police. Attorney Megan Dorritie explained that this resolution would hire Mr. Peters conditionally as the Chief of Police in the Irondequoit Police Department. The Town is waiting for the complete background investigation to be completed. She noted that the process was described earlier in the meeting. Councilmember Freeman explained that she did not receive any information on this appointment. She noted that the name of the candidate was withheld from her until December 19th. She is not comfortable approving this appointment. She is voting Nay because of the process, not the candidate. Councilmember Wehner thanked Mr. Peters for taking the time to attend this meeting. Mr. Peters then thanked the officers who came to the meeting to support him. REGULAR TOWN BOARD MEETING JANUARY 17, 2023 15 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 2022-014 1A2023-2 RESOLUTION SCHEDULING A PUBLIC HEARING TO PROVIDE OPPORTUNITY FOR PUBLIC COMMENT ON IRONDEQUOIT’S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted scheduling a public hearing at the Regular Town Board Meeting on February 21, 2023 at 7:35 PM to provide for public comment on the Irondequoit Community Development Block Grant (CDBG) Program. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-015 1A2023-3 RESOLUTION AUTHORIZING ADJUSTMENT OF THE MILEAGE REIMBURSEMENT RATE FOR 2023 TO $.655 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 $.655 per mile for any mileage recorded on a personal motor vehicle used for Town business on or after January 1, 2023. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-016 1A2023-4 RESOLUTION ALLOCATING AMERICAN RESCUE PLAN ACT FUNDING (NON-PROFIT GRANTS) On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the use of ARPA funds in the amount of $100,000 for a non-profit grant program. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-017 1A2023-5 RESOLUTION ALLOCATING AMEICAN RESCUE PLAN ACT FUNDING AND APPROVING ASSOCIATED PURCHASES (REVENUE RECOVERY) On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the plan for American Rescue Plan Revenue Recovery funding in a total amount not to exceed $85,000. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-018 1A2023-6 RESOLUTION ALLOCATING AMERICAN RESCUE PLAN ACT FUNDING AND APPROVING ASSOCIATED PURCHASES (TELEPHONE) On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the use of ARPA funds in the amount up to $100,000 for a telephone system. Director of Information Technology Kevin LaBarr explained that the phone system is becoming more unstable. This new system will allow the phone system to spread out to all the buildings in REGULAR TOWN BOARD MEETING JANUARY 17, 2023 16 Town. If one system goes down, it won’t take the other systems down with it. The new system will eliminate costly licensing. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-019 1A2023-7 RESOLUTION ENTERING INTPO INTERMUNICIPAL AGREEMENTS AND ACCEPTING FUNDING FOR DWI PROGRAMS On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving and ratifying the Intermunicipal Agreements with the County of Monroe for receipt and use of New York State funding for the 2023 STOP DWI Programs in the amount of $6,773.90 and $3,416.00 for the Stop DWI High Visibility Engagement Campaign Grant Program. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-020 1A2023-8 RESOLUTION AUTHORIZING THE AWARD OF BID FOR TRACKED SIDEWALK PLOW On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted awarding the bid for the Tracked Sidewalk Plow to Cyncon Equipment, Inc. in the amount of $191,800. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-021 1A2023-9 RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE AN AGREEMENT WITH MONROE COUNTY SNOW & ICE CONTROL SERVICES FOR 2022/2023 On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to execute a renewal of the Agreement for the 2022/2023 winter season at a rate of $3,967 per lane mile for a total of 87.205 miles. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-022 1A2023-10 RESOLUTION AUTHORIZING THE SUPERVISOR TO EXECUTE AN AGREEMENT FOR MONROE COUNTY ALL SEASON WORK IN MONROE COUNTY RIGHTS OF WAY On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving appendices B & C to be added to the All Seasons Agreement for the period of January 1, 2023 through December 31, 2023 and authorizing the Supervisor to execute any and all documents necessary to effectuate this approval. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-023 1A2023-11 RESOLUTION AUTHORIZING THE PURCHASE OF ONE CAB TRACTOR On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving a purchase order in the amount of $89,428.44 with LandPro Equipment, LLC for the purchase of one new cab tractor. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-024 REGULAR TOWN BOARD MEETING JANUARY 17, 2023 17 1A2023-12 RESOLUTION AUTHORIZING THE PURCHASE OF ATTACHMENTS FOR CAB TRACTOR On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving a purchase order in the amount of $85,610.05 with LandPro Equipment, LLC for the purchase of the desired attachments. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-025 1A2023-13 RESOLUTION AUTHORIZING THE PURCHASE OF ONE PICKUP TRUCK WITH PLOW EQUIPMENT TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving a purchase order in the amount of $82,269.30 with Van Bortel Ford for the purchase of one 2023 model year Ford F450 XL regular cab 4 x 4 pickup truck with plow equipment. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-026 1A2023-14 RESOLUTION DECLARING CERTAIN EQUIPMENT SURPLUS PROPERTY On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted declaring the equipment set forth in Addendum “A”, attached hereto and made a part hereof), as surplus and authorizing the Supervisor to execute and deliver such documentation as necessary to auction the equipment at the next appropriate municipal equipment auction. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-027 1A2023-15 RESOLUTION AUTHORIZING USE OF A CONFERENCE ROOM On a motion made by Councilmember Romeo, seconded by Councilmember Wehner, a resolution was adopted authorizing the Genesee Valley Recreation and Park Society (GVRPS) to use space in the Irondequoit Community Center for a member meeting on or about February 15 or 16, 2023 at no charge to GVRPS. Director of Recreation Shannon Grieve explained that the Town is a member of the professional organization GVRPS and derives great benefit from information-sharing meetings with other recreation departments of other local municipalities. GVRPS has asked if Irondequoit would host a member meeting sometime in February at the Community Center. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-028 1A2023-16 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH VENDORS FOR THE TOWN’S 2023 WINTERFEST CELEBRATION On a motion made by Councilmember Perticone, seconded by Councilmember Wehner, a resolution was adopted approving the agreements listed in Addendum “A” for the Town of Irondequoit’s 2023 Winterfest Celebration. Director of Recreation Shannon Grieve noted that the event will take place on Saturday, January 21, 2023 from 11 AM to 3 PM on the lawn of the Town Hall. REGULAR TOWN BOARD MEETING JANUARY 17, 2023 18 UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-029 1A2023-17 RESOLUTION ENTERING INTO AN AGREEMENT FOR ELECTRONICS RECYCLING SERVICES On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted authorizing the Supervisor to enter into a contract with Sunnking for operating an electronics collection recycling program in final form as approved by the Town Attorney. Supervisor Fitzpatrick explained that this service will be open to residents and will give them a chance to recycle their electronics, which is popular in Irondequoit. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-030 1A2023-18 RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR THE CUPID’S CUP 7TH ANNUAL 5K RUN/WALK On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the Special Event License for the 7th Annual Cupid’s Cup 5K Run/Walk to be held on Sunday, February 12, 2023, beginning and ending at West Irondequoit High School from 8:30 a.m. to 10:30 a.m., upon the condition that Yellow Jacket Racing notifies all affected residents. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-031 1A2023-19 RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR THE IRONDEQUOIT BEER COMPANY’S 585 STOUT FESTIVAL On a motion made by Councilmember Freeman, seconded by Councilmember Wehner, a resolution was adopted approving the Special Event License for the Irondequoit Beer Company 585 Stout Festival to be held on Saturday, February 4, 2023, from 12 p.m. to 10:00 p.m., upon the condition that all affected residents have been notified before the event . UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Resolution Number 2023-032 Upcoming Meetings: Town Board Workshop Meeting: Tuesday, February 14, 2023 @ 4:00 PM Regular Town Board Meeting: Tuesday, February 21, 2023 @ 7 PM On a motion made by Councilmember Wehner, seconded by Councilmember Perticone, the Regular Town Board Meeting was adjourned at 7:47 PM. UPON VOTING MOTION WAS UNANIMOUSLY APPROVED Respectfully submitted, Barbara Genier, Town Clerk Resolution No. 2023- __________ EXTRACT OF THE MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A FULL-TIME MOTOR EQUIPMENT OPERATOR IN THE TOWN OF IRONDEQUOIT At a 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 21st day of February 2023, 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 recent retirement there is a need to appoint a Motor Equipment Operator in the Town of Irondequoit’s Department of Public Works and WHEREAS, this is a Civil Service non-competitive position, and per Civil Service and Union guidelines this position has been posted; and WHEREAS, the Town received several applications, and all qualified internal candidates were granted an interview; and WHEREAS, this is a budgeted position and funding for such appointment will be drawn from the following budget codes 60% from 021.5110.0100.1100; 30% from 031.8121.0100.1100 and 10% from 024.5142.100.1100; and WHEREAS, the Commissioner of Public Works recommends that the Town Board appoint Nickolas Martello to the position of Motor Equipment Operator. NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby appoints Nickolas Martello as a full-time Motor Equipment Operator at an hourly rate of $27.98.in accordance with the current CSEA Blue Collar Contract Wage Schedule. This resolution shall take effect immediately. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2023- __________ EXTRACT OF THE MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A FULL-TIME AUTO MECHANIC FOREMAN IN THE TOWN OF IRONDEQUOIT At a 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 21st day of February 2023, 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 pending retirement there is a need to appoint a full-time Auto Mechanic Foreman in the Town of Irondequoit’s Department of Public Works and WHEREAS, this is a competitive Civil Service position, and per Civil Service guidelines we canvassed the promotional certified list from Monroe County; and WHEREAS, the Commissioner of Public Works has interviewed both candidates on the list; and WHEREAS, this is a budgeted position and funding for such appointment will be drawn from the budget code 023.5130.0100.1100. WHEREAS, the Commissioner of Public Works recommends that the Town Board appoint Matthew S. Smith to the position of Auto Mechanic Foreman. NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby appoints Matthew S. Smith as a full-time Auto Mechanic Foreman at an hourly rate of $31.78.in accordance with the current CSEA Supervisory Unit Contract Wage Schedule. This resolution shall take effect April 17, 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. 2023- __________ EXTRACT OF THE MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE TRANSFER OF A POLICE OFFICER At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of February 2023, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, due to numerous retirements, there is a need to hire a new Police Officer; and WHEREAS, the Chief of Police has interviewed several qualified transfer candidates and recommends hiring Kyle Regal as a Police Officer; and WHEREAS, Kyle Regal is currently a full-time patrol office for the Mount Morris Police Department, he served in the United States Air Force and is currently serving in the New York Air National Guard; and WHEREAS, the Civil Service Commission has reviewed this transfer and approved it at their meeting on February 2nd, 2023. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the transfer of Kyle Regal as a Police Officer and will be paid $78,408.00 annually which shall be paid from budget code 001.3120.100.1100. This resolution shall take effect on date of hire. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2023- __________ EXTRACT OF THE MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE TRANSFER OF A SECOND POLICE OFFICER At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of February 2023, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, due to numerous retirements, there is a need to hire a new Police Officer; and WHEREAS, the Chief of Police has interviewed several qualified transfer candidates and recommends hiring Anthony Phillips as a Police Officer; and WHEREAS, Anthony Phillips is currently a full-time patrol officer for the Warsaw Police Department, he also served in the Attica Police Department as a part-time patrolman; and WHEREAS, the Civil Service Commission will review this transfer at their March 2, 2023 meeting. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the transfer of Anthony Phillips as a Police Officer, to be paid $93,152.00, annually, and which shall be paid from budget code 001.3120.100.1100. This resolution shall take effect upon Civil Service approval. 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. 2023- __________ EXTRACT OF THE MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A FULL-TIME OFFICE CLERK III IN THE IRONDEQUOIT POLICE DEPARTMENT At a 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 21st day of February 2023, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, there is a need to appoint an Office Clerk III in the Irondequoit Police Department: and WHEREAS, this is a competitive position, the certified list of eligibles has been canvassed, and Susan Weatherell is reachable; and WHEREAS, Ms. Weatherell submitted an application to the Town; and WHEREAS, the Town assembled an interview team, which interviewed Ms. Weatherell; and WHEREAS, the interview team recommends that the Town Board appoint Susan Weatherell to the position of Office Clerk III in the Irondequoit Police Department Records Division; and WHEREAS, this is a budgeted position and funding for such appointment will be drawn from budget code 001.3120.0103.1100. NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby appoints Susan Weatherell as a full-time Office Clerk at a rate of $17.94 per hour, as per group 9, step 1 of the 2023 Salary Schedule. This resolution shall take effect upon 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. 2023- __________ EXTRACT OF THE MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A FULL-TIME OFFICE CLERK II BILINGUAL IN THE TOWN OF IRONDEQUOIT At a 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 21st day of February 2023, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, there is a need to appoint a Full-Time Office Clerk II-Bilingual for the Town of Irondequoit; and WHEREAS, this is a competitive position; and WHEREAS, the Town has had an open recruitment posting for Recreation Department vacancies on its website for many months; and WHEREAS, based on the applications received and interviews conducted, the Director of Recreation recommends that the Town Board provisionally appoint Tiara Lopez to the open Office Clerk II-Bilingual position; and WHEREAS, funding for such appointment will be drawn from budget code 001.7140.0100.1100.7146; and WHEREAS, this provisional candidate will need to take the next scheduled Office Clerk II bilingual civil service examination the next time it is offered by Monroe County and she must score among the top 3 willing to accept the position. NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby appoints Tiara Lopez as a full-time provisional Office Clerk II-Bilingual at a rate of $45,500.00, as per group 7, step 2 of the 2023 Salary Schedule. This resolution shall take effect upon 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. 2023- __________ EXTRACT OF THE MINUTES OF A REGULAR MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE APPOINTMENT OF A POLICE SERGEANT 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 21st day of February 2023, at 7:00 P.M. local time: there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member Kimie Romeo Town Board Member John Perticone Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, due to a retirement, there is a need to appoint a Police Sergeant; and WHEREAS, as this is a competitive Civil Service position, the certified list has been received and reviewed; and WHEREAS, the Chief of Police has interviewed the top three (3) interested candidates, including Officer Mark Banker; and WHEREAS, Officer Banker is first on the certified list of eligibles and per Civil Service Guidelines is immediately reachable, so no canvass letter is needed; and WHEREAS, this is a budgeted position in the 2023 budget; and WHEREAS, based on a thorough review of all the candidates’ applications and the results of the interviews, the Chief of Police recommends that the Town Board appoint Officer Banker to the position of Police Sergeant. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of Mark Banker as a Police Sergeant and will be paid $106,194.00 annually, plus a shift differential, which shall be paid from budget code 001.3120.100.1100. This resolution shall take effect immediately. Seconded by the Town Board Member ______________________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Perticone voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2023- __________ EXTRACT OF THE MINUTES OF MEETING OF THE TOWN BOARD AUTHORIZING THE CALLING OF A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND THE HISTORIC PRESERVATION LAW OF THE TOWN OF IRONDEQUOIT 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 21st day of February, 2023, at 7:00 P.M. local time, there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________offered the following resolution and moved its adoption: WHEREAS, the New York State Historic Preservation Office (“SHPO”) recently conducted an audit of the Historic Preservation Law of the Town of Irondequoit; and WHEREAS, by letter dated January 4, 2023, SHPO informed the Town of the results of the audit, finding the Historical Preservation Law meets SHPO’s standards, but also that the Historical Preservation Law should be amended to eliminate one section because it is unnecessary; and WHEREAS, at a regular meeting of the Town Board, Town Board Member _______ introduced a proposed local law to amend the Historical Preservation Law of the Town of Irondequoit so as to comply with SHPO’s recommendation (see Exhibit A, hereto); and WHEREAS, pursuant to Municipal Home Rule §20(5) no local law shall be passed by the Town Board until a public hearing is held; and WHEREAS, the Town Board determines that the matters contemplated herein, the calling of a public hearing and potential adoption of a local law amending the Historic Preservation Law, are not actions subject to the State Environmental Quality Review Act (“SEQRA”) and accompanying regulations, see 6 N.Y.C.R.R. § 617.2 (b)(3), and therefore the requirements of SEQRA have been satisfied. NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby schedules a public hearing on this matter on March 21, 2023 at 7:3_ p.m. AND, THEREFORE BE IT FURTHER RESOLVED that the Town Clerk shall give notice of the hearing by publishing a notice in the Town Newspaper specifying the time when and the place where such hearing will be held, and in general terms describing the Proposed Law, such notice to be published once at least three days prior to the day specified for such hearing. 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 _______ EXHIBIT A LOCAL LAW NO. _____ OF 2023 TO AMEND CHAPTER 236 OF THE CODE OF THE TOWN OF IRONDEQUOIT Be it enacted by the Town Board of the Town of Irondequoit as follows: 1) The Code of the Town of Irondequoit is amended to eliminate Section 236-4(A)(6), and Section 236-4(A) will now read [strikethrough indicates eliminated text]: § 236-4 Designation of landmarks or historic districts. A. The Commission may designate an individual property as a landmark if it: (1) Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or (2) Is identified with historic personages; or (3) Embodies the distinguishing characteristics of an architectural style; or (4) Is the work of a designer whose work has significantly influenced an age; or (5) Because of unique location or singular physical characteristics, represents an established and familiar visual feature of the neighborhood.; or (6) Receives an approval from a property owner to request historic landmark designation. 2) This law shall be effective upon filing with the Secretary of State of New York, as required by the Municipal Home Rule Law. Resolution No. 2023- EXTRACT OF THE MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of February 2023 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, from time to time, the Irondequoit Police Department has a need to access criminal history information and wanted and/or missing person data as may be contained in New York State Division of Criminal Justice Services’ (hereafter, “DCJS”) and, if applicable, Federal Criminal Justice Information Services data files and other state repository files; and WHEREAS, pursuant to General Municipal Law § 99-r, the Town may enter into an agreement with any state agency for the provision of any service of government, and the Division of Criminal Justice Services is empowered to maintain criminal history, wanted, and missing persons databases pursuant to Executive Law § 837(6) and/or §837(8-a). NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes the Chief of Police to enter into a five-year agreement with the New York State Division of Criminal Justice Services regarding access to criminal history, wanted, and/or mission persons information, which will run from January 1, 2023 through December 31, 2028. 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 _________ Katie Palermo From: Scott Peters Sent: Tuesday, February 7, 2023 5:39 PM To: Dorritie, Megan; Katie Palermo Cc: Scott Peters Subject: FW: Updated User Agreement - Irondequoit Town Police Department - NY0270200 I have included the email from Pamela Murray at DCJS. She states they are on a 5 year re -execution order (see highlighted comments). I think we would make the resolution from January 2023 -December 31, 2028. Scott Peters Chief of Police Town of Irondequoit 1300 Titus Ave Rochester, New York 14617 585-336-6000 ext.2211 From: Murray, Pamela (DCJS) <Pamela.Murray@dcjs.ny.gov> Sent: Thursday, February 2, 2023 8:55 AM To: Mark Jesske <mjesske@irondequoit.gov> Cc: Scott Peters <speters@irondequoit.gov> Subject: RE: Updated User Agreement - Irondequoit Town Police Department - NY0270200 Good morning Mark, That is great news. Thank you for the follow up. Have a great day, Pamela Murray Identification Specialist 2 Office of Criminal Justice Records Use & Dissemination/Agency Maintenance New York State Division of Criminal Justice Services 80 South Swan St., Albany, NY 12210 (518) 457-0788 1 pamela.murrav a( dcis.ny.gov www.criminaliustice.nv.gov From: Mark Jesske <miesske@irondequoit.gov> Sent: Thursday, February 2, 2023 8:16 AM To: Murray, Pamela (DCJS) <Pamela.Murrav@dcis.nv.g> Cc: Scott Peters <speters@irondequoit.gov> Subject: RE: Updated User Agreement - Irondequoit Town Police Department - NY0270200 1 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Pam — Chief Scott Peters started this week for Irondequoit PD. I will brief him on our prior conversation and the need for this agreement to be finalized. Thank you. Mark Captain Mark A. Jesske Irondequoit Police Department 1300 Titus Ave Rochester, New York 14617 (585)336-6000 X2308 -- Confidentiality Notice -- This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including attachments. From: Murray, Pamela (DCJS) <Pamela.Murrav@dcis.nv.gov> Sent: Tuesday, December 6, 2022 9:24 AM To: Mark Jesske <miesske@irondequoit.gov> Subject: RE: Updated User Agreement - Irondequoit Town Police Department - NY0270200 Welcome. If a new Chief is going to be assigned, wait and have them sign the U&D in the new year. Thanks. Pamela Murray Identification Specialist 2 Office of Criminal Justice Records New York State Division of Criminal Justice Services 80 South Swan St., Albany, NY 12210 (518) 457-0788 1 pamela.murray dcis.nv.gov www.criminaljustice.nv.gov From: Mark Jesske <mjesske@irondequoit.gov> Sent: Tuesday, December 6, 2022 9:15 AM To: Murray, Pamela (DCJS) <Pamela.Murrav@dcis.nv. pv> Subject: RE: Updated User Agreement - Irondequoit Town Police Department - NY0270200 You don't often get email from mjesske@irondequoit.gov. Learn why this is im,r 2 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Thank you, Pam. It makes way more sense now. One further question though. I will only be acting chief for about a month or so until the new one is installed. Do we do this twice or should we wait for the new Chief to sign? I'm not sure how this needs to play out. If I need to do it now and the next one does it in January, we will. Just confirming that that is what needs to happen. Thank you Mark Captain Mark A. Jesske Irondequoit Police Department 1300 Titus Ave Rochester, New York 14617 (585)336-6000 X2308 -- Confidentiality Notice -- This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including attachments. From: Murray, Pamela (DCJS) <Pamela.Murray@dcis.nv.gov> Sent: Tuesday, December 6, 2022 8:31 AM To: Mark Jesske <rniesske@irondequoit.gov> Subject: RE: Updated User Agreement - Irondequoit Town Police Department - NY0270200 Good morning Mark, DCJS is on a 5 year re -execution rotation unless the agency head(Chief) changes prior to that time frame. The last one signed by your agency was in 2020 with the implementation of the new rotation. Hope this helps — let me know if you require further assistance. Thanks. Pamela Murray Identification Specialist 2 Office of Criminal Justice Records New York State Division of Criminal Justice Services 80 South Swan St., Albany, NY 12210 (518) 457-0788 1 pamela.murray cr,dcis.ny.gov www.criminaliustice.nv.gov From: Mark Jesske <miesske@irondequoit.gov> Sent: Monday, December 5, 2022 2:19 PM 3 To: Murray, Pamela (DCJS) <Parnela.Murrav@dcis.nv.Rov> Subject: RE: Updated User Agreement - Irondequoit Town Police Department - NY0270200 You don't often get email from mjesskeC irondequoit.gov. Learn why th`rsi im_ op2Aant ATTENTION: this email came from an external source. Do not open attachments or click on links from unknown senders or unexpected mails, Hello Pamela — I received your email and just have a clarifying question or two. I recently became Acting Chief after the sudden retirement of our prior Chief and there are many items that I'm trying to catch up on. Can you tell me how often this agreement is renewed? I need to draft a resolution for my town board and I'm looking for the last one to create the new one. Thank you Mark Captain Mark A. Jesske Irondequoit Police Department 1300 Titus Ave Rochester, New York 14617 (585)336-6000 X2308 -- Confidentiality Notice -- This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including attachments. From: Murray, Pamela (DCJS) <Pamela.Murray@cicis.ny.gov> Sent: Thursday, December 1, 2022 10:39 AM To: Mark Jesske <miesske@irondequoit.gov> Cc: dcjs.dl.ejusticenyu&d<dcis.dl.eiusticenvu&d@dcis.nv.gov> Subject: Updated User Agreement - Irondequoit Town Police Department - NY0270200 Dear Chief Jesske: Enclosed please find a copy of your agencies Use and Dissemination (U&D) Agreement between our respective agencies containing the most current language relating to the U&D and Security Breaches. The document also includes an updated Appendix A, which supersedes the existing Appendix A and outlines the authorized fingerprint submissions and updated online reason codes your agency is authorized to submit and or use. Please have the appropriate official E -sign and E-mail back or print all documents, sign and return to my attention within the next 14 business days. Upon receipt and execution by DCJS, a fully executed copy will be returned to your agency for retention in your files. If your agency has any questions regarding the re -execution of your U&D Agreement, please contact the Division of Criminal Justice Services, Office of Criminal Justice Records, Use & Dissemination Unit @ (518) 457-0788. 4 Sincerely, Pamela Murray Identification Specialist 2 Office of Criminal Justice Records New York State Division of Criminal Justice Services 80 South Swan St., Albany, NY 12210 (518) 457-0788 1 pamela.murrav(c'7dcjs.ny_gov www.crimina liustice. nv.ciov 5 Resolution No. 2023 - ________ EXTRACT OF THE MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AWARDING BID FOR STREET SWEEPER 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 21st day of February, 2023 at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor John Perticone Town Board Member Patrina Freeman Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ______________________offered the following resolution and moved its adoption: WHEREAS, it is necessary to purchase a Street Sweeper to be used by the Department of Public Works; and WHEREAS, in order to ascertain the best value to the Town, and in compliance with General Municipal Law § 103 and Chapter 51 of the Irondequoit Town Code, the Town requested bids for a 2023 or newer Street Sweeper (Town Bod No. 2023-02) by issuing an Invitation to Bid, causing the Notice to Bid to be published in the Daily Record on January 24, 2023, and publishing the Invitation to Bid on the Town website; and WHEREAS, sealed bids were received and publicly opened and read on February 9, 2023; and WHEREAS, the lowest responsible bidder was J & J Equipment, LLC in the amount of $331,795; and WHEREAS, funding for this expense will be available in account #021.5110.2120.0299; and NOW THEREFORE BE IT RESOLVED, that the Town Board awards the bid for a Street Sweeper to J & J Equipment, LLC in the amount of $331,795. AND, BE IT FURTHER RESOLVED THAT, the Town Board authorizes the Town Supervisor to execute any and all documents related to this award. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2023_______ EXTRACT OF THE MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) SELF-LOADING BRUSH TRUCK TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS 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 21st day of February 2023 at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor John Perticone Town Board Member Patrina Freeman Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ___________ offered the following resolution and moved its adoption: WHEREAS, it is necessary to replace one (1) self-loading brush truck to be used by the Department of Public Works; and WHEREAS, the Town is authorized to purchase through county contracts pursuant to Irondequoit Town Code § 51-5(B)(3) and New York State General Municipal Law § 103(3); and WHEREAS, Onondaga County solicited sealed beds from qualified bidders (Bid Reference #8996); and WHEREAS, the lowest responsible bid is $228,903.30 per 2025 model year International, HV607 self-loading brush truck from Regional International Corp, 1007 Lehigh Station Rd, Henrietta, NY, 14467; and WHEREAS, funding for this expense is available in account number 001-9785- 6050.8160; and NOW, THEREFORE BE IT RESOLVED, that the Town Board approves a purchase order in the amount of $228,903.30 with Regional International Corp. for the purchase of one (1) 2025 model year International, HV607 self-loading brush truck. AND, BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute any and all documents related to this agreement. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member ____________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting_____________ Town Board Member Romeo voting_____________ Town Board Member Freeman voting_____________ Town Board Member Perticone voting ___ _________ Town Supervisor Fitzpatrick voting_____________ Resolution No. 2023 - ________ EXTRACT OF THE MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION RENEWING REFUSE SERVICES FOR VARIOUS TOWN OF IRONDEQUOIT FACILITES 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 21st day of February, 2023 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, by Resolution No. 2020-071, the Town Board authorized a refuse services contract with Waste Management of New York, LLC, for a one-year term, with the option to renew the contract on the same terms for three additional one-year periods (the “Refuse Services Contract”); and WHEREAS, the Town of Irondequoit desires to renew the Refuse Services Contract for a third and final one-year term, which will run from March 1, 2023 to February 29, 2024; and WHEREAS, funding for this expense will be available in account numbers 001.1640.4165 (Public works), 001-7110-4165-0000-7142 (Camp Eastman), 001-7110-4165-0000-7147 (McAvoy Park), 001-8810-4165 (Cemetery), 001-1623-4165 (Community Center Maintenance), 001-1622-4165 (Library Maintenance), 001-1620-4165 (Town Hall Maintenance), and 001- 1621-4165 (Public Safety Maintenance); and NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the renewal of the Refuse Services Contract and authorizes the Town Supervisor to execute any and all documents related to this renewal, This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2023 - ________ EXTRACT OF THE MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION ALLOCATING FUNDING FOR EQUIPMENT TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS 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 21st day of February, 2023 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, to protect public safety and discourage dangerous driving, the Town of Irondequoit desires to place portable solar-powered radar speed signs at various locations throughout the Town; and WHEREAS, the estimated value of the equipment is $19,000; and WHEREAS, the Town Board determines that funding for this equipment should be allocated from American Rescue Plan Act (“ARPA”) funds; and WHEREAS, the Town’s consultant for ARPA matters, The Bonadio Group, has approved this allocation of ARPA funds; and NOW, THEREFORE BE IT RESOLVED, that the Town Board allocates up to $19,000 of American Rescue Plan Act funds for the purchase of portable solar powered radar speed sign equipment to be used by the Department of Public Works. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________________and duly put to vote, which resulted as follows: Town Board Member Wehner voting _______ Town Board Member Romeo voting _______ Town Board Member Freeman voting _______ Town Board Member Perticone voting _______ Town Supervisor Fitzpatrick voting _______ Resolution No. 2023-________ EXTRACT OF THE MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO VARIOUS CONTRACTS WITH VENDORS FOR THE TOWN’S 2023 FARMERS’ MARKET AND GAZEBO CONCERT SERIES At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st of February 2023, at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________ offered the following resolution and moved its adoption: WHEREAS, Town Board Resolution No. 2022-272 authorized the Supervisor to enter into agreements for 2023 Special Events with final approval and/or ratification by the Town Board; and WHEREAS, pursuant to that resolution, the Town of Irondequoit’s 2023 Farmers’ Market and Gazebo Concert Series will occur between May 25 and September 7, 2023; and WHEREAS, it is necessary for the Town of Irondequoit to contract with vendors providing entertainment services as described in Addendum “A,” which is attached hereto and made a part hereof; and WHEREAS, these vendors are paid for with funds from the Special Events budget in account 246.0246.4122. NOW THEREFORE BE IT RESOLVED, that the Town Board approves the agreements listed in Addendum “A” for the Town of Irondequoit’s 2023 Farmers’ Market and Gazebo Concert Series. AND BE IT FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute any and all documents related to these agreements in a format approved by the Attorney for the Town. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ____________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Perticone voting __________ Town Board Member Romeo voting __________ Town Board Member Freeman voting __________ Town Supervisor Fitzpatrick voting __________ Farmers’ Market and Gazebo Concert Series ADDENDUM “A” VENDOR/ENTERTAINER SERVICE PROVIDED VENDOR COMPENSATION Irondequoit Concert Band Musical Entertainment - Gazebo Series $250.00 Yacht Club Musical Entertainment - Gazebo Series $250.00 Up 2 Something Musical Entertainment - Gazebo Series $500.00 Moondance Band Musical Entertainment – Gazebo Series $300.00 Black Night Musical Entertainment - Farmers’ Market $300.00 Judah Musical Entertainment - Farmers’ Market $300.00 Dake/IHS Jazz Bands Musical Entertainment - Farmers’ Market $0 Mitty & the Followers Musical Entertainment - Farmers’ Market $300.00 The Third Degree Musical Entertainment - Farmers’ Market $350.00 Big Mike & the Motivators Musical Entertainment - Farmers’ Market $300.00 Irondequoit Concert Band Musical Entertainment - Farmers’ Market $250.00 8-Days-A-Week Musical Entertainment - Farmers’ Market $350.00 Rock-N-Blues Allstars Musical Entertainment - Farmers’ Market $350.00 It’s My Party Musical Entertainment - Farmers’ Market $500.00 Eternity Musical Entertainment - Farmers’ Market $350.00 Midnight Storm Musical Entertainment - Farmers’ Market $350.00 The Feedback Band Musical Entertainment - Farmers’ Market $350.00 Rock-It-Science Musical Entertainment - Farmers’ Market $350.00 Marianna & Trio/Oktoberfest Musical Entertainment – Farmers’ Market $600.00 Resolution No. 2023-________ EXTRACT OF THE MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION ACCEPTING GIFTS FOR IRONDEQUOIT’S WINTERFEST CELEBRATION At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of February 2023, 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 for its adoption: WHEREAS, Winterfest is a yearly community event designed to celebrate the winter season and the Irondequoit community; and WHEREAS, Over 3,000 patrons attend this now-yearly Town Special Event to enjoy free wagon rides & marshmallow roasting, games, demonstrations, crafts, and other recreational activities; and WHEREAS, Summit Federal Credit Union, Woodridge Apartments, Greenlight Networks, Flanagan- Mills Agency, LeafGuard, Frontier Networks, C.A.P. Amusement, Dave Long, Monroe County Legislature/District 16, First Student Inc., Wegmans, Young Explosives Corp., Christine Hoshowsky/Ukrainian Federation, Irondequoit Rotary Club, Helmer Nature Center, Irondequoit Fire Department, Irondequoit Fire Explorers, Point Pleasant Fire Department, U.S. Coast Guard - Rochester Station, Monroe County Sheriff’s Department (K-9 & Snowmobile Unit), Neon Wave, REI, Rescued Treasures Pet Adoptions, Greenspark Solar, Irondequoit Dept. of Public Works/truck demonstration, Irondequoit Police Department, Irondequoit Department of Recreation/DIY crafts & sledding, Harris Funeral Home, St. Kateri/Christ the King Church, Portland Titus Office Building, Lakeshore Hockey Arena, desired to gift activities, business for event parking, supplies, and/or funds for activities and/or supplies to the Town for Winterfest. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Irondequoit formally accepts those gifts in the form of activities, business for event parking, supplies and/or funds for activities and/or supplies from Summit Federal Credit Union, Woodridge Apartments, Greenlight Networks, Flanagan-Mills Agency, LeafGuard, Frontier Networks, C.A.P. Amusement, Dave Long, Monroe County Legislature – District 16, First Student Inc., Wegmans, Young Explosives Corp., Christine Hoshowsky/Ukrainian Federation, Irondequoit Rotary Club, Helmer Nature Center, Irondequoit Fire Department, Irondequoit Fire Explorers, Point Pleasant Fire Department, U.S. Coast Guard - Rochester Station, Monroe County Sheriff’s Department (K-9 & Snowmobile Unit), Neon Wave, REI, Rescued Treasures Pet Adoptions, Greenspark Solar, Irondequoit Dept. of Public Works/truck demonstration, Irondequoit Police Department, Irondequoit Department of Recreation/DIY crafts & sledding, Harris Funeral Home, St. Kateri/Christ the King Church, Portland Titus Office Building, Lakeshore Hockey Arena. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member _________and duly put to vote, which resulted as follows: Town Board Member Wehner voting __________ Town Board Member Perticone voting __________ Town Board Member Freeman voting __________ Town Board Member Romeo voting __________ Town Supervisor Fitzpatrick voting __________ Resolution No. 2023 - __________ EXTRACT OF THE MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A CODE OF CONDUCT FOR TOWN ELECTED AND APPOINTED OFFICIALS 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 21st day of February 2023, 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 recognizes that all individuals elected or appointed by the Town must maintain and enforce respectful discourse with every person they encounter in their official capacity, including without limitation, fellow elected and appointed members, Town employees, those who volunteer their time and services on behalf of the Town, and members of the public; and WHEREAS, the Town also recognizes that all individuals elected or appointed by the Town have certain responsibilities with respect to treatment and safeguarding of Town documents, information, and other property; and WHEREAS, out of respect for Town residents and the community at large, the Town desires to establish a centralized standard of conduct for all elected and appointed officials in the Town (the “Code of Conduct”); and WHEREAS, a copy of the Code of Conduct is attached hereto as Exhibit A; and WHEREAS, the Code of Conduct and all its sections shall apply to all elected and appointed officials acting on behalf of the Town and covers all of their actions and communications whether spoken or written, including but not limited to all electronic communications, including social media. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Irondequoit hereby adopts the Code of Conduct attached hereto as 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 Freeman voting _______ Town Board Member Romeo voting _______ Town Supervisor Fitzpatrick voting _______ 1 TOWN OF IRONDEQUOIT CODE OF CONDUCT FOR TOWN ELECTED AND APPOINTED OFFICIALS I . P U R P O S E The Town recognizes that all individuals elected or appointed by the Town must maintain and enforce respectful discourse with every person they encounter in their official capacity, including without limitation, fellow elected and appointed members, Town employees, those who volunteer their time and services on behalf of the Town, and members of the public. At every meeting, forum or other official interaction, Town elected and appointed officials will endeavor to treat every person fairly and with respect regardless of any differences of opinion. This policy provides a centralized standard of conduct for all elected and appointed officials in the Town. II. APPLICABILITY This policy and all its sections shall apply to all elected and appointed officials acting on behalf of the Town and covers all of their actions and communications whether spoken or written, including but not limited to all electronic communications, including social media. III. CODE OF CONDUCT All Town elected and appointed officials are expected to act honestly, conscientiously, reasonably and in good faith at all times, keeping in mind the best interests of the Town and its residents. 2 The Town elected and appointed officials must refrain from communicating or acting in a disrespectful, abusive, or threatening manner toward members of the community, other elected or appointed officials, or Town Staff. All elected and appointed officials must fully comply with the Town’s Anti-Harassment and Anti-Discrimination Policy. All elected and appointed officials of the Town must assume the following responsibilities: A. Conduct Generally and in Relation to the Community • Be well informed concerning the local and state duties of a board/committee member. • Accept your position as a means of unselfish public service, not to benefit personally, professionally or financially from your Town position. • Recognize that the chief function of local government at all times is to serve the best interests of all of the people. • Demonstrate respect for the public that you serve. • Safeguard confidential information. • Conduct yourself so as to maintain public confidence in our local government. • Conduct official business in such a manner that you cannot be improperly influenced in the performance of your official duties. • Unless specifically exempted, conduct the business of the public in a manner that promotes open and transparent government. 3 • Comply as fully as possible with all Town policies, including, without limitation, the following: - Anti-harassment and Anti-discrimination Policy • Comply as fully as possible with all applicable laws, including, without limitation, the following: - New York State Open Meetings Law - New York State Procurement Laws and the Town of Irondequoit Procurement Policies - New York State ethics laws and the Town of Irondequoit Ethics Law B. Conduct in Relation to other elected and appointed officials • Treat all members of the board, committee, or department to which you belong with respect, even if you have differences of opinion. • Participate and interact in official meetings with dignity and decorum fitting those who hold a position of public trust. • Recognize your responsibility to attend all meetings to assure a quorum and promptly notify the chairman should you for any reason be unable or unwilling to continue to serve. • Refrain from making statements or promises as to how you will vote on quasi-judicial matters that will come before the board/committee until you have had an opportunity to hear the pros and cons of the issue during a public meeting. • Uphold the intent of executive session and respect the privileged communication that exists in executive session. • Make decisions only after all facts on a question have been presented and discussed. 4 C. Conduct in Relation to Town Staff • Treat all staff as professionals and respect the abilities, experience, and dignity of each individual. • Refrain from giving instructions to or requesting assistance from Town staff but rather channel all such activities through the Town Supervisor. • Never publicly criticize an individual employee or a department. Concerns about staff performance should only be made to the Town Supervisor through private communication. • Officials who interact with Town staff must do so in a respectful manner and understand employees should not be expected to take direction from any individual official on any matter. D. Treatment of Town Documents and Information • Recognize that all documents and information concerning Town business available to the elected or appointed Town official by virtue of that person’s position as an elected or appointed official belong to the Town and not the individual person. • Refrain from storing Town documents and information, whether in electronic or hard-copy format, anywhere other than at Town facilities. • Refrain from removing any confidential or sensitive documents or information from Town Hall. • Refrain from duplicating any Town documents or information, whether by photographic means or otherwise. • Transmit any correspondence, documents, or other information received by the elected or appointed official relating to Town business to the Town Clerk so that the Town may keep such Town records as required by New York State law. 5 • Refrain from providing access to Town information systems to anyone not authorized to have access to such systems. • Keep all information discussed in Executive Session strictly confidential. • Make no recordings of any kind during Executive Sessions. IV. DISTRIBUTION AND EDUCATION The Town Clerk shall provide a copy of this policy and the Town’s Anti-Harassment and Anti- Discrimination policy to all elected and appointed officials upon its issuance and upon the subsequent appointment or re-appointment of any individual. Each individual shall sign a statement that they have read this policy and will comply with all requirements set forth in this policy. In the event that any member declines to sign the form, that fact shall be noted by the Town Clerk on the record at a public meeting. V. ENFORCEMENT In addition to any other remedies or enforcement options available under the law, the Town Board may vote to censure any elected member and may decline to reappoint an individual who violates any provision of this Code of Conduct. If an elected or appointed official is accused of violating this Code of Conduct (excluding harassment of individuals in protected classes) the Town Board may take such action as is authorized by law and as it deems fit These remedies shall be in addition to, and not in substitution for, any other remedies that may be available by law. 6 TOWN OF IRONDEQUOIT: CODE OF CONDUCT ACKNOWLEDGEMENT I acknowledge that I have received the Town of Irondequoit Code of Conduct, and the Anti- Harassment Policy from the Town of Irondequoit, and attest that I will comply with the requirements stated therein. Signed Date Print Name Please complete and return the Town Clerk. Resolution No. 2023-________ EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION AUTHORIZING POLLING PLACE AGREEMENT WITH MONROE COUNTY BOARD OF ELECTIONS At the regular 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 21st day of February, 2023, at 7:00 PM local time; there were PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member _____________________ offered the following resolution and moved its adoption: WHEREAS, the Monroe County Board of Elections has asked to use the Irondequoit Community Center (“ICC”) as a polling place for the primary and general elections on June 27, 2023 and November 7, 2023, respectively; and WHEREAS, the Monroe County Board of Elections has also asked to use the ICC as an early polling place as follows: Date Hours Primary Election Early Voting June 17, 2023 (Saturday) 9:00 AM to 5:00 PM June 18, 2023 (Sunday) 9:00 AM to 5:00 PM June 19, 2023 (Monday) 9:00 AM to 5:00 PM June 20, 2023 (Tuesday) 11:00 AM to 8:00 PM June 21, 2023 (Wednesday) 9:00 AM to 5:00 PM June 22, 2023 (Thursday) 11:00 AM to 8:00 PM June 23, 2023 (Friday) 9:00 AM to 5:00 PM June 24, 2023 (Saturday) 9:00 AM to 5:00 PM June 25, 2023 (Sunday) 9:00 AM to 5:00 PM General Election Early Voting October 28, 2023 (Sat.) 9:00 AM to 5:00 PM October 29, 2023 (Sunday) 9:00 AM to 5:00 PM October 30, 2023 (Monday) 9:00 AM to 5:00 PM October 31, 2023 (Tuesday) 11:00 AM to 8:00 PM November 1, 2023 (Wed.) 9:00 AM to 5:00 PM November 2, 2023 (Thurs.) 11:00 AM to 8:00 PM November 4, 2023 (Friday) 9:00 AM to 5:00 PM November 5, 2023 (Sat.) 9:00 AM to 5:00 PM WHEREAS, the Town Board wishes to authorize entry into Polling Place Agreements with the Monroe County Board of Elections to use the ICC as a polling place for the primary election on June 27, 2023 and the general election on November 7, 2023 as well as for an early polling place on the dates listed above ; and WHEREAS, the Town’s lease for the ICC (“Lease”) requires the consent of the Landlord, Skyview Phase I LLC (“Landlord”), to certain uses of the ICC, including subleases thereof, and the Polling Place Agreement could be read as a granting of lease right for the day of the general election; and WHEREAS, Section 119-o of the General Municipal Law authorizes municipal corporations, defined to include counties and towns, 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 Supervisor is hereby authorized to execute the 2023 Polling Place Agreements with the Monroe County Board of Elections in substantially such forms as annexed hereto and in such final form as approved by the Attorney for the Town, provided that the Landlord first consent to such use pursuant to the Lease. 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 __________ LISA POLITO NICOLAY Commissioner PETER D ELDER Deputy '' You're Right '% Vote. Monroe County Board of Elections JACKIE ORTIZ Commissioner Irondequoit Community Center 450 Skyview Centre Parkway Rochester NY 14622 NATALIE SHEPPARD Deputy February 1, 2023 Polling Sites for the 2023 Elections The Board of Elections is preparing for the 2023 Elections. As part of that effort, we must secure polling sites. Your organization has been supportive by providing a polling site or sites in the past and we ask for your continued support. The Board of Elections directly oversee the polling sites in Monroe County. The enclosed agreement indicates dates and times for the 2023 elections. 2023 Elections: June 27 and November 7. The Polling Site must be available from 5:00am to 10:00pm The hours for each election is 6:00am to 9:00pm. The sites must be open 1 hour prior to the opening of polls to give the Election Inspectors time to set up the equipment. Please return the attached signed agreement by Friday, February 24, 2023. You may either email the agreement to pelder@monroecounty.gov or mail it to 39 West Main Street, Rochester NY 14614, Room 108. If you are unable to provide a polling site this year please contact us as soon as possible. Please contact me if you have questions or would like us to review your site. We look forward to working with you this year. Peter Elder 753-1514 PElder@monroecounty.gov 39 WEST MAIN STREET, ROCHESTER, NEW YORK 14614 • (585)753-1550 • FAX 585/753-1511 TTY 585/753-1544 • E-mail address: mcboe@monroecounty.gov gt/ire g"Right ToVote. Lessor: 2023 POLLING PLACE AGREEMENT Irondequoit Community Center 450 Skyview Centre Parkway Rochester NY 14622 Lessee: Monroe County Board of Elections Poll Site and Address: IRONDEQUOIT COMMUNITY CENTER 450 MO -VIEW CENTRE PARKW Term: Hours: 5:00 AM to 10:00 PM on June 27, 2023 and November 7, 2023 CONDITIONS: 1. :Lessee shall pay to the Lessor the sum of $0 on or before December 15, 2023 as rent .for the Term. 2. Lessor shall provide a W-9 to Lessee to facilitate payment. 3. Lessee shall hold Lessor harmless and shall defend and indemnify it from third -party claims arising against it out of this Lease. 4. Lessor warrants that Lessee, its employees, poll watchers, and voters and shall enjoy the right to exclusive use and possession of the premises during the Term. Lessee agrees that .Lessor's delivery of the keys to open all doors between the building's exterior and the Polling Place by 5p.m. on the Friday preceding the Term shall be sufficient to deliver possession 5. Lessor shall not permit it employees, agents or guests to enter the Poll Site at any time during the Term. 6. Lessor shall maintain the Polling Place at a comfortable room temperature; shall assure that the Polling Place, entrances thereto, exterior walkways and parking areas are safely lighted and shall provide Lessee, its employees, poll watchers and voters adequate access to restrooms during the Term. 7. Lessor shall permit Lessee access to the Poll Site and premises to inspect the same no later than October 1, 2023. If Lessee determines that the conditions at Poll Site and premises do not satisfy the terms of this Lease, Lessee may withdraw from the Lease without penalty. 8. Adequate heat and light (both inside and outside) must be furnished by the property owner. 9. The facility must be available for equipment drop-off and pick-up and inspection. 10. The lessor will furnish tables and chairs for the use of the inspectors. (Please indicate if you cannot provide these). Date: Date: (Print Name) (Print Name) Lessor Lessee 39 West Main Street Rochester, NY 14614 Phone: Email: 753-1514 PElderi d••mo n roecounty.gov 74 LISA POLITO NICOLAY CommissionerCommissioner PETER D ELDER Deputy JACKIE ORTIZ Deputy NATALIE SHEPPARD Polling Sites for the 2023 Elections February 1, 2023 Attention: Maria Vecchio Rochester, NY 14622 450 Skyview Centre Pkwy Suite 200 IRONDEQUOIT COMMUNITY CENTER SENIOR LO The Board of Elections is preparing for the 2023 Elections. As part of that effort, we must secure early voting polling sites. Your organization has provided a polling site in the past and we ask for your continued support. Please return the attached signed agreement by Friday, February 24, 2023. You may either email the agreement to pelder@monroecounty.gov or mail it to 39 West Main Street, Rochester NY 14614, Room 108. If you are unable to provide a polling site this year please contact us as soon as possible. The enclosed agreement indicates dates and times for the 2023 elections. Please contact me if you have questions or would like us to review your site. We look forward to working with you this year. 585-753-1500 Peter Elder pelder@monroecounty.gov 39 WEST MAIN STREET, ROCHESTER, NEW YORK 14614 • (585)753-1550 • FAX 585/753-1511 TTY 585/753-1544 • E-mail address: mcboe@monroecounty.gov Monroe County Board of Elections 2023 EARLY VOTING POLLING PLACE AGREEMENT Attention: Maria Vecchio Rochester, NY 14622 450 Skyview Centre Pkwy Suite 200 IRONDEQUOIT COMMUNITY CENTER SENIOR LOUNGE Lessor: Lessee: Monroe County Board of Elections The facility must be accessible to authorized Board personnel one hour before and one hour after each early voting day. If necessary, we will accept a key to the building to assure the facility opening on time (eg. for a 9-5 day, the budiling would be accessble 8am-6pm). June 17 June 18 June 19 June 20 June 21 June 22 June 23 June 24 June 25 PRIMARY ELECTION 2023 October 28 October 29 October 30 November 1 November 2 November 3 November 4 November 5 GENERAL ELECTION 2023 9:00 AM to 5:00 PM 9:00 AM to 5:00 PM 9:00 AM to 5:00 PM 11:00 AM to 8:00 PM 9:00 AM to 5:00 PM 11:00 AM to 8:00 PM 9:00 AM to 5:00 PM 9:00 AM to 5:00 PM 9:00 AM to 5:00 PM 2023 Voting Hours Saturday Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sunday Days Term: Date: _________________________ CONDITIONS: Lessee shall hold Lessor harmless and shall defend and indemnify it from third-party claims arising against it out of this Lease. 1. 5. 2. Email: ____________________________________________ Lessor shall permit Lessee access to the Poll Site and premises to inspect the same no later than October 1, 2023. If Lessee determines that the conditions at Poll Site and premises do not satisfy the terms of this Lease, Lessee may withdraw from the Lease without penalty. Lessor shall provide a W-9 to Lessee to facilitate payment. Lessor (Print Name) ______________________________________________________ ______________________________________________________ 3. Lessee shall pay to the Lessor the sum of $$0 on or before December 15, 2023 as rent for the Term. 4. Lessor warrants that Lessee, its employees, poll watchers, and voters and shall enjoy the right to exclusive use and possession of the premises during the Term. Lessee agrees that Lessor's delivery of the keys to open all doors between the building's exterior and the Polling Place by 5p.m. on the Friday preceding the Term shall be sufficient to deliver possession Lessor shall not permit it employees, agents or guests to enter the Poll Site at any time during the Term. Lessor shall maintain the Polling Place at a comfortable room temperature; shall assure that the Polling Place, entrances thereto, exterior walkways and parking areas are safely lighted and shall provide Lessee, its employees, poll watchers and voters adequate access to restrooms during the Term. 7. Phone: ___________________________________________ Date: _________________________ Lessee (Print Name) 39 West Main Street Rochester, NY 14614 6. 8. 9. Adequate heat and light (both inside and outside) must be furnished by the property owner. The lessor will furnish tables and chairs for the use of the inspectors. (Please indicate if you cannot provide these). The facility must be available for equipment drop-off and pick-up and inspection. 10. October 31 585-753-1500 pelder@monroecounty.gov 10 Resolution Number 2023- EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR THE HERITAGE HERO RUN & STROLL & ROLL At the regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of February 2023 at 7:00 P.M. local time; there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ______offered the following resolution and moved its adoption: WHEREAS, the Town Clerk’s Office received an application from Heritage Christian Services to hold their Heritage Hero Run & Stroll & Roll event to benefit Heritage Christian Services, a local non-profit organization supporting thousands of children and adults with developmental disabilities in the Rochester and Buffalo areas; and WHEREAS, the organization employs more than 2,300 people; and WHEREAS, proof of current insurance, which expires on December 31, 2023, has been reviewed and approved by the Town Insurance carrier; and WHEREAS, all affected residents will be notified by Heritage Christian Services before the event. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the Special Event License for the Heritage Hero Run & Stroll & Roll event to be held on Saturday, September 9, 2023, beginning at 8:00 a.m. at Seabreeze Amusement Park and ending at 12:30 p.m., upon the condition that Heritage Christian Services has notified all affected residents. This resolution shall take effect immediately upon its adoption. Seconded by the Town Board Member ____ and duly put to vote, which resulted as follows: Town Board Member Wehner voting Town Board Member Perticone voting Town Board Member Romeo voting Town Board Member Freeman voting Town Supervisor Fitzpatrick voting Resolution Number 2023- EXTRACT OF MINUTES OF THE TOWN BOARD MEETING ADOPTING A RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR THE SUNSET HOUSE 21st ANNUAL 5K RUN AND FITNESS WALK At a Regular Meeting of the Town Board of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 21st day of February 2023 at 7:00 p.m. local time, there were: PRESENT: Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board member_____________offered the following resolution and moved its adoption: WHEREAS, the Town Clerk’s Office received an application from the Sunset House to conduct their 21st Annual Sunset House 5K Run and Fitness Walk; and WHEREAS, proof of current insurance, which expires on October 1, 2023, has been reviewed and approved by the Town Insurance carrier; and WHEREAS, the Sunset House is in the process of notifying all affected residents of the event. NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the Special Event License for the Sunset House to conduct their 21st Annual Sunset House 5K Run and Fitness Walk on Saturday, May 27, 2023 beginning at 9:00 AM with assembly at the Irondequoit United Church of Christ, and ending at Noon at the United Church of Christ, on the condition that the Sunset House notifies all affected residents of the event. This resolution shall take effect immediately upon its adoption. Seconded by Town Board member____________ and duly put to vote, which resulted as follows: Town Board Member Wehner Voting Town Board Member Perticone Voting Town Board Member Romeo Voting Town Board Patrina Freeman Voting Town Supervisor Fitzpatrick Voting Resolution No. 2023-____________ EXTRACT OF THE MINUTES OF A MEETING OF THE TOWN BOARD ADOPTING A RESOLUTION APPROVING THE SPECIAL EVENT LICENSE FOR SHAMROCK JACK’S RESTAURANT TO CONDUCT ITS ANNUAL ST. PATRICK DAY’S FESTIVAL AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF IRONDEQUOIT, THE IRONDEQUOIT POLICE DEPARTMENT, AND GEORGE W. LONG, INC. d/b/a SEA BREEZE PARK 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 21st day of February, 2023, at 7:00 P.M. local time; there were PRESENT Rory Fitzpatrick Town Supervisor Patrina Freeman Town Board Member John Perticone Town Board Member Kimie Romeo Town Board Member Peter Wehner Town Board Member Harter Secrest & Emery LLP Attorney for the Town Town Board Member ________________________ offered the following resolution and moved its adoption: WHEREAS, the Town Clerk’s Office received an application from Shamrock Jack’s Restaurant to conduct its annual St. Patrick Day’s Festival (the “Festival”); and WHEREAS, the Festival will be held inside Shamrock Jack’s current location at 4554 Culver Road and outside that location in a temporary tent structure; and WHEREAS, the temporary tent structure will be erected on Friday, March 10, 2023, and taken down on Sunday, March 19, 2023; and WHEREAS, the tent will be used to serve food and beverages and for entertainment purposes. No cooking, smoking, or open flames will be permitted in the tent; and WHEREAS, there will be three (3) car parkers wearing safety vests on premise to control traffic flow; and WHEREAS, insurance has been reviewed and approved by the Town’s insurance agent, expiring on April 28, 2023; and WHEREAS, Shamrock Jack’s has arranged with George W. Long, Inc. d/b/a Sea Breeze Park (“Sea Breeze”) to allow parking for the Festival at Sea Breeze Amusement Park; and WHEREAS, Sea Breeze would like to provide for the presence of uniformed Irondequoit Police Department (“IPD”) officers at Sea Breeze Amusement Park while it is used for parking for the Festival; and WHEREAS, officers will be assigned to Sea Breeze only during overtime hours and only if not needed elsewhere, Sea Breeze will pay the Town for the officers’ services at the overtime rate of whichever officer is present, the IPD will have the discretion to assign officers to the Event and dispatch such officers to other locations to assist in maintaining public safety in the event that an unforeseen emergency occurs, and such officers will remain under IPD control and supervision. NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the Special Event License for Shamrock Jack’s Restaurant to conduct its annual St. Patrick’s Day Festival from Friday March 10, 2023 (equipment set up) through Sunday, March 19, 2023 (equipment take down), upon the condition that Shamrock Jack’s notifies all affected residents before the Festival. AND, THEREFORE BE IT FURTHER RESOLVED, that the Town Board authorizes and approves of the Agreement with Sea Breeze in substantially the form annexed hereto as Exhibit A, and in such final form as approved by the Attorney for the Town, and authorizes the Town Supervisor and the Chief of Police to execute the Agreement and all other documents related thereto. This resolution shall take effect immediately upon its adoption. Seconded by Town Board Member __________________ and duly put to vote, which resulted as follows: Town Board Member Wehner voting ___________________ Town Board Member Perticone voting ___________________ Town Board Member Romeo voting ___________________ Town Board Member Freeman voting ___________________ Town Supervisor Fitzpatrick voting ___________________ Exhibit A AGREEMENT THIS AGREEMENT made this day of February, 2023, between the TOWN OF IRONDEQUOIT, a municipal corporation existing under the laws of the State of New York with an office at 1280 Titus Avenue Rochester, New York 14617 (the “Town”), the IRONDEQUOIT POLICE DEPARTMENT with offices at 1300 Titus Avenue, Rochester, New York 14617 (the “Police”) and GEORGE W. LONG, INC., d/b/a SEA BREEZE PARK, with offices at 4600 Culver Road, Rochester, New York 14622 (”Sea Breeze”). RECITALS WHEREAS, Sea Breeze would like to engage the services of the Police on March 11, 2023, from 12:00 PM until 10:00 PM, and again on March 17, 2023, from 10:00 AM until 11:00 PM ; and WHEREAS, Sea Breeze requests the assignment of Police Officers on a reimbursable overtime basis for traffic and crowd control; and WHEREAS, the Town and the Police have agreed to provide the services requested by Sea Breeze. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. RESPONSIBILITIES: The Police agree to assign an officer or officers, the exact number to be determined by the Police in its discretion, at the parking locations at 4600 Culver Road, Rochester, New York, from 12:00 PM until 10:00 PM on March 11, 2023, and from 10:00 AM until 11:00 PM on March 17, 2023 (these dates, collectively, the “Event”). This Agreement will expire at 3 AM on March 18, 2023. The Police will retain the sole discretion to dispatch an officer assigned to the Event to another location to assist in maintaining public safety, if the Police determine such reassignment is necessary. Police personnel assigned to the Event will be under the direct control and supervision of the Irondequoit Police Department only. 2. CONSIDERATION: In consideration for the provision of the services described above, Sea Breeze will reimburse the Town at the overtime rate of whatever police officer or officers are assigned to the Event by the Police. The overtime rate must include all fringe benefits, such as but not limited to, payroll taxes and New York State Retirement contributions, so that the Town’s costs are fully covered Sea Breeze. After the Event, the Town will invoice Sea Breeze for the services rendered pursuant to this agreement. Sea Breeze will pay the invoice within 30 days after its issuance. 3. INJURY TO POLICE PERSONNEL: Sea Breeze agrees to cover the lost wages and medical costs, immediate and recurring, for any Police Personnel working at the Event pursuant to this agreement that result from Sea Breeze’s negligence in not maintaining the premises in a safe condition, such as (but not limited to) a slip and fall or exposure to toxic substances. The Town will continue to be responsible for any injury to Police Personnel resulting from required police work such as arrests or physical restraints of subject(s). 4. RELEASE AND INDEMNIFICATION: Sea Breeze shall indemnify and hold harmless the Town and the Police from any and all claims, liability, suits, actions, responsibilities, judgments and loss, including reasonable attorneys’ fees which it shall suffer, or which shall be made against it on account of loss of life, personal injury, or property damage received or sustained by any person, by reason of any act or omission on part of Sea Breeze, its officers, employees, agents. invitees or contractors, except that Sea Breeze shall not be required to indemnify the Town or the Police for any such damage or loss arising out of any grossly negligent acts of the Town and the Police, their officers, employees, contractors or agents. 5. INSURANCE: Sea Breeze shall procure and maintain a policy of insurance for this agreement. The policy of insurance required is a general liability insurance (including, without limitation, contractual liability and dram shop coverage) with single limits of liability in the amount of $1,000,000.00, $3,000,000.00 in the aggregate, of which $1,000,000.00 of the aggregate coverage may be provided by an umbrella policy. Original certificates evidencing such coverage and indicating that such coverage shall not be canceled or amended in any way without thirty (30) days’ prior notice to the Town and the Police, shall be delivered to the Town and the Police at the time of execution of the Agreement. Sea Breeze’s insurance shall provide for and name the Town and the Police as additional insureds and shall insure the Town and the Police for all claims relating to this agreement. All policies of insurance shall be issued by companies in good financial standing, duly and fully qualified and licensed to do business in New York State, and otherwise acceptable to the Town and the Police. Failure to provide such proof of insurance shall be grounds to cancel this Agreement. 6. RELATIONSHIP OF PARTIES: Sea Breeze acknowledges and represents that the Town and the Police are not partners, joint ventures, or sponsors of Sea Breeze. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first above written. TOWN OF IRONDEQUOIT Rory Fitzpatrick, Town Supervisor Scott Peters, Chief of Police GEORGE W. LONG, INC. d/b/a SEA BREEZE PARK Genevieve Norris-Brown General Manager / Owner STATE OF NEW YORK ) COUNTY OF MONROE ) ss.: On the day of February, in the year 2023, before me, the undersigned, a Notary Public in and for said state, personally appeared Rory Fitzpatrick, 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 acknowledged to me that he executed the same in his capacity, and that by his 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 February, in the year 202, before me, the undersigned, a Notary Public in and for said state, personally appeared Scott Peters, 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 acknowledged to me that he executed the same in his capacity, and that by his 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 February, in the year 2023, before me, the undersigned, a Notary Public in and for said state, personally appeared Genevieve Norris-Brown, 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 acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public