Town Board Agendas & Minutes

Webster Town Board September 21, 2023 A regular meeting of the Webster Town Board was called to order by Supervisor Flaherty at 7:30 p.m. at the Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York, with the following officials present: Supervisor................................................................................Thomas J. Flaherty Councilman...............................................................................William G. Abbott Councilman.......................................................................................John J. Cahill Councilwoman...........................................................................Patricia T. Cataldi Councilwoman............................................................................Ginny L. Nguyen Town Attorney...........................................................................Charles J. Genese Town Clerk............................................................................Dorothy M. Maguire Department Heads Present: Finance Director..................................................................................Paul Adams Community Development Director......................................................Josh Artuso Chief of Police (arrived at 7:52 p.m.)........................................Dennis Kohlmeier Supervisor Flaherty led the Pledge of Allegiance to the Flag. *** Councilwoman Cataldi and Councilman Cahill presented the following Proclamation to the family of Charles Styles. Proclamation In Memory of Charles Styles WHEREAS, Charlie’s life as a Public Servant was diverse and ran deep through all the years of his life. He was an exceptional man who made you feel you were blessed to be in his life; and WHEREAS, Charlie held the positions of Vice-President and President of the Webster Central School Board from 1982-1989. He was also involved in Webster’s Community Chest and served on the Webster Planning Board during this time as well; and WHEREAS, In 1995 Charlie began his 27 years on the Webster Board of Assessment Review, often serving as its Chairman from which he recently retired. He also, became a Fire Policeman at Webster Volunteer Fire Department and an EMT at Union Hill Volunteer Fire Department as well as a Board Member of Northeast Quadrant Advanced Life Support; and WHEREAS, Other positions Charlie was involved with through the years was being a member on the Board of Cooperative Education No. 1 and working as an Election Inspector and Coordinator for many years; and WHEREAS, In a word - Charlie was GENEROUS always encouraging others to become the best they could be. Charlie spent his life sharing the knowledge he acquired from books and his own personal experiences. His traditional practices, grounded lifestyle, and beliefs were shared with so many individuals; and 318 09-21-23  Webster Town Board WHEREAS, Councilman John Cahill and the Cahill family became neighbors with Charlie and his wife Martha around 2012. Charlie became a mentor to John both personally, and politically. John said both Martha and Charlie were two of the kindest people he would ever meet; and WHEREAS, Charlie’s devotion of his energy and time for the Webster Community has not gone unnoticed. Webster is all the better because of his humble, gentle, and generous spirit. The Webster Community thanks Charlie for all he has taught to others and his sacrifices for the good of Webster. As the saying goes, “Knowledge, you may get from books, but wisdom is trapped within you, release it”. That is just what Charles Styles did his whole life! Thomas J. Flaherty, Town Supervisor Mrs. Styles thanked the Town Board. *** The meeting was open to the floor for public comment: Webster residents, Jen Forseca and Michele Anderson, expressed their concerns regarding the Town of Webster’s September 18, 2023 Newsletter that contained a New York State Department of Health Press Release on the CDC recommendations for the updated COVID-19 Vaccine. *** Resolution No. 325: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to approve the September 7, 2023 Town Board Minutes as submitted by the Town Clerk. Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 326: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to approve the September 14, 2023 Town Board Workshop Minutes as submitted by the Town Clerk. Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 327: MOTION by Councilwoman Cataldi, seconded by Councilwoman Nguyen, to approve the bills as submitted in Warrant #0923A by the Director of Finance. Fund Inside Outside Total General (A,B) CL #8054-8210 151,299.72 251,675.89 402,975.61 Highway (C,D) 380,903.63 4,943.21 385,846.84 319 09-21-23  Webster Town Board Sewer (G) 23,459.07 50,313.70 73,772.77 Library (L) 42,323.40 1,485.54 43,808.94 Fund Inside Outside Total Drainage Districts (M) 200.00 0.00 200.00 Park Districts (P) 2,400.00 0.00 2,400.00 Parkland (E) 0.00 285,303.56 285,303.56 Water Districts (R/SW) 0.00 6,278.13 6,278.13 Sewer Districts (J) 0.00 6,278.13 6,278.13 Trust & Agency (T/A,TP,XM,XD) 0.00 437,582.60 437,582.60 Capital Projects (H) #123-129 H213 SB Waterfront Park Design 78,334.51 0.00 78,334.51 H223 Lake Rd WE Drainage MO56 13,615.92 0.00 13,615.92 H224 Sandbar Shoreline Prot.MO59 91,611.26 0.00 91,611.26 H226 Lake Rd. Pump Station MO65 37,012.95 0.00 37,012.95 H230 Sandbar Flood Wall MO78 39,152.61 0.00 39,152.61 H231 WWTP Upgrade Phase II 3,074.00 0.00 3,074.00 H236 Tennis/Pickleball Courts 28,572.00 0.00 28,572.00 H237 Coca-Cola fairlife ® 19,790.73 0.00 19,790.73 TOTAL 911,749.80 1,043,860.76 1,955,610.56 Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 328: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to approve the prepaid vouchers included in Warrant #0923A by the Director of Finance in the amount of $1,043,860.76. [Included in the summary of vouchers approved in Resolution #327] Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 329: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to approve purchase orders as submitted by the Director of Finance. Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** The Town Board was presented with two proposed Resolutions associated with the fairlife ® Project. 320 09-21-23  Webster Town Board Supervisor Flaherty explained the two Resolutions will be tabled as they are contingent on the Planning Board doing a preliminary and final approval of the site plan. On September 19th, for a confluence of reasons, the Planning Board decided to table that decision and will reconsider at their Tuesday October 3rd regular meeting. Resolution No. 330: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to table the approval of a Fill and Excavation Permit for the fairlife ® Project at the eastern terminus of Tebor Road. Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 331: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to table the consideration of an Industrial Special Use Permit for the fairlife ® Project at the eastern terminus of Tebor Road. Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 332: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to schedule a Public Hearing for the proposed 2024 Town of Webster Budget and to publish the following Notice in the Webster Herald on October 11, 2023. NOTICE IS HEREBY GIVEN: That the Preliminary Budget of the Town of Webster for 2024 has been completed and filed with the Town Clerk where it is available for public inspection during regular office hours. FURTHER NOTICE IS HEREBY GIVEN: That the Town Board will meet, and review said Preliminary Budget and hold a Public Hearing thereon at the Webster Town Meeting Room, 1002 Ridge Road, Webster, New York at 7:30 p.m., on Thursday, October 19, 2023. At said Public Hearing any person may be heard in favor of or against the Preliminary Budget as compiled or any items contained therein. PURSUANT TO SECTION 108 OF THE TOWN LAW the proposed salaries of the elected officials are specified as follows: Supervisor......... $117,603 Councilperson... $ 21,881 Justice............... $ 49,385 Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye 321 09-21-23  Webster Town Board Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 333: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to authorize the submission of the 2023-2024 Justice Court Assistance Program (JCAP) Application by the Webster Town Court for a request up to the maximum amount available. Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 334: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to appoint Daniel Lagoner to the Zoning Board of Appeals to fulfill the unexpired term of Barry Barone ending on December 31, 2023. Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 335: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to appoint Christoher Centola to the Zoning Board of Appeals to fulfill the unexpired term of Jamie Newtown ending on December 31, 2027. Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 336: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to appoint Richard Feola as an alternate member of the Zoning Board of Appeals to fulfill the unexpired term of Christopher Centola ending on December 31, 2025. Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 337: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to appoint James Spampinato as an alternate member of the Zoning Board of Appeals to fulfill the unexpired vacant position of the term ending on December 31, 2025. Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** 322 09-21-23  Webster Town Board Resolution No. 338: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to schedule a Public Hearing for an application regarding lands commonly known as Tax Account 079.14-1-40.11 at 900-965 Cherry Ridge Boulevard for a Special Use Permit. WHEREAS, St. Ann’s Senior Housing, Inc. owns property at 900-965 Cherry Ridge Boulevard, Town of Webster; and WHEREAS, Bell Atlantic Mobile Systems LLC d/b/a Verizon Wireless, 1275 John Street, Suite 100, West Henrietta, New York 14586 seeks to construct and operate a rooftop wireless telecommunications micro cell facility at 900-965 Cherry Ridge Boulevard in the Town of Webster; and WHEREAS, the affected lands are in a MHR Medium-High Residential District; and WHEREAS, pursuant to Webster Town Code, Sections 130-8 and 350-14(A)(5), a communications tower is a permitted use in an MHR Medium-High Residential District upon issuance of a Special Use Permit by the Town Board; and WHEREAS, pursuant to Webster Town Code Section 130-8, a Special Use Permit is required for communications towers and accessory facilities/structures under the procedure set forth in Webster Town Code Sections 130-11 and 130-12; and WHEREAS, pursuant to Webster Town Code, Section 130-11, the application, if sufficient, shall be referred to the Planning Board for its review and recommendation and site plan approvals, and a public hearing shall be held before the issuance of a Special Use Permit; and WHEREAS, the Site/Survey Plan and application have been received by the Town Board; and WHEREAS, Webster Town Code, Section 130-11 requires referral of applications for Special Use Permits to the Town Planning Board; and WHEREAS, Webster Town Code Section 130-11(B), requires site plan approval by the Planning Board under Webster Town Code Chapter 269, Article IV; and WHEREAS, the application, together with all supporting documents was referred to the Town of Webster Planning Board for its review and recommendation; and WHEREAS, the Planning Board completed its site plan review procedure under Webster Town Code Chapter 269 Article IV, and approved the plan at its regularly scheduled meeting on September 5, 2023, and presented to the Town Board its approval per letter of Anthony Casciani, Chairman, dated September 7, 2023; and WHEREAS, an Environmental Assessment Form has been received and reviewed by the Town Board: NOW, THEREFORE, BE IT RESOLVED: That a Public Hearing shall be scheduled, and conducted at a regular meeting of the Town Board of the Town of Webster to be held at the Town Board Meeting Hall, 1002 Ridge Road, in the 323 09-21-23  Webster Town Board Town of Webster on October 5, 2023, at 7:30 p.m., to consider granting of the Special Use Permit for the proposed rooftop microcell facility at this site. Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 339: MOTION by Councilman Cahill, seconded by Councilwoman Nguyen, to declare the following items for recycling from the Information Technology (IT) Department: Dell Lattitude Asset Tag #4443 Dell Lattitude Asset Tag #5059 Dell Optiplex 3010 Asset Tag #4394 Dell Optiplex 3010 Asset Tag #4539 Dell Optiplex Gx240 Asset Tag #2572 Dell Optiplex 380 Asset Tag #5208 Vuewsonic Monitor Asset Tag #1662 Dell Monitor Asset Tag #4394 Dell Monitor Asset Tag #4539 Dell Monitor Asset Tag #2892 Sonicwall Fireqall Asset Tag #4459 Dell Equallogice Storage Array No Tag Dell Equallogice Storage Array Asset Tag #5841 Dell Equallogice Storage Array No Tag Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 340: MOTION by Councilwoman Cataldi, seconded by Councilman Abbott, to declare the following item for recycling from the Sewer Department: Trimble GIS Unit Asset Tag #3378 Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** At 8:02 p.m. Town Attorney Genese called for an Executive Session. Resolution No. 341: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to enter into Executive Session pursuant to New York State Public Officer’s Law §105(1)(d) to discuss proposed, pending or current litigation and to discuss a personnel matter pursuant to New York State Public Officer’s Law §105(1)(f). 324 09-21-23  Webster Town Board WHEREAS, New York State Public Officers Law provides that the Town of Board may enter into Executive Session to discuss certain subjects or matters: NOW, THEREFORE, BE IT RESOLVED: That the Town Board enter into an Executive Session pursuant to New York State Public Officer’s Law §105(1)(d) to discuss proposed, pending or current litigation and to discuss a personnel matter pursuant to New York State Public Officer’s Law §105(1)(f). That the following persons were authorized to attend: Charles Genese, Town Attorney, and Dennis Kohlmeier, Chief of Police. Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** Resolution No. 342: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to return to Regular Session at 8:49 p.m. Vote on motion: Supervisor Flaherty.............Aye Councilman Abbott...........Aye Councilman Cahill..............Aye Councilwoman Cataldi......Aye Councilwoman Nguyen.......Aye Motion carried...................5-0 *** There being no further business to come before the Board, the meeting was adjourned at 8:49 p.m. ____________________________ Dorothy M. Maguire, Town Clerk 325 09-21-23