Town Board Agendas & Minutes

Webster Town Board February 15, 2024 A regular meeting of the Webster Town Board was called to order by Deputy Supervisor Cataldi at 7:30 p.m. at the Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York, with the following officials present: Deputy Supervisor .................................................................... Patricia T. Cataldi Councilman .......................................................................................John J. Cahill Councilwoman ........................................................................... Ginny L. Nguyen Councilwoman .......................................................................... Jennifer S. Wright Town Attorney ........................................................................... Charles J. Genese Town Clerk ........................................................................... Dorothy M. Maguire Absent: Supervisor ................................................................................ Thomas J. Flaherty Department Heads Present: Communications Director .............................................................. Bridget Harvey Deputy Commissioner of Public Works-Sewer ................................... Art Petrone Finance Director.................................................................................. Paul Adams Personnel Director ...................................................................... Brayton Connard Also in attendance was Rick Kenealy, Wastewater Treatment Plant Chief Operator. *** Deputy Supervisor Cataldi led the Pledge of Allegiance to the Flag. *** The meeting was open to the floor for public comment. The following person appeared before the Town Board. Ahmed Mustafa, NEQALS, stated that in forty-five days NEQALS will be forced to stop operating Webster EMS not because they want to but because the current financial model does not provide adequate income to operate an EMS agency relying solely on third party billing revenue. He asked the Town Board to remember the cooperation and collaboration that existed between the Town and NEQALS and to sit down within the next forty-five days to come up with a workable solution to sustain the partnership. *** Resolution No. 90: MOTION by Deputy Supervisor Cataldi, seconded by Councilwoman Nguyen, to approve the February 1, 2024 Town Board Minutes as submitted by the Town Clerk. Vote on motion: Deputy Supervisor Cataldi ..Aye Councilman Cahill ............ Aye Councilwoman Nguyen ......Aye Councilwoman Wright ...... Aye Motion carried ..................... 4-0 *** Resolution No. 91: MOTION by Councilwoman Wright, seconded by Councilwoman Nguyen, to approve the bills as submitted in Warrant #0224A by the Director of Finance. 53 02-15-2024  Webster Town Board Fund Inside Outside Total General (A,B) CL #382-544 120,538.03 624,036.28 744,574.31 Highway (C,D) 81,766.61 67,800.49 149,567.10 Sewer (G) 17,780.64 62,143.15 79,923.79 Library (L) 44,555.12 12,238.97 56,794.09 Drainage Districts (M) 0.00 3,438.93 3,438.93 Park Districts (P) 2,900.00 0.00 2,900.00 Trust & Agency (T/A,TP,XM,XD) 0.00 4,649,524.57 4,649,524.57 Capital Projects (H) #19-21 H213 Sandbar WF Park Design 148,314.99 0.00 148,314.99 H223 Lake Rd WE Drainage MO.56 88,506.64 0.00 88,506.64 H224 Sandbar Shoreline Prot.MO.59 34,238.33 0.00 34,238.33 H230 Sandbar Flood Wall MO.78 14,673.57 0.00 14,673.57 H232 Highway Garage Building 59,034.71 0.00 59,034.71 TOTAL 612,308.64 5,419,182.39 6,031,491.03 Vote on motion: Deputy Supervisor Cataldi ..Aye Councilman Cahill ............ Aye Councilwoman Nguyen ......Aye Councilwoman Wright ...... Aye Motion carried ..................... 4-0 *** Resolution No. 92: MOTION by Deputy Supervisor Cataldi, seconded by Councilwoman Wright, to approve the prepaid vouchers included in Warrant #0224A by the Director of Finance in the amount of $5,419,182.39. [Included in the summary of vouchers approved in Resolution #91] Vote on motion: Deputy Supervisor Cataldi ..Aye Councilman Cahill ............ Aye Councilwoman Nguyen ......Aye Councilwoman Wright ...... Aye Motion carried ..................... 4-0 *** Resolution No. 93: MOTION by Deputy Supervisor Cataldi, seconded by Councilman Cahill, to approve purchase orders as submitted by the Director of Finance. Vote on motion: Deputy Supervisor Cataldi ..Aye Councilman Cahill ............ Aye Councilwoman Nguyen ......Aye Councilwoman Wright ...... Aye Motion carried ..................... 4-0 *** Resolution No. 94: MOTION by Councilman Cahill, seconded by Councilwoman Wright, to authorize execution of a Wastewater Treatment Plant Laboratory Services Contract. WHEREAS, quotes for Wastewater Treatment Plant laboratory services were obtained; and WHEREAS, the following quotes were received: 54 02-15-2024  Webster Town Board ALS Group USA, Corp: $12,932.00 Paradigm: $21,444.00 Life Science Labs: Chose not to quote via phone call. NOW, THEREFORE, BE IT RESOLVED: That the Webster Town Board authorizes the Deputy Town Supervisor to execute a contract for Wastewater Treatment Plant laboratory services as proposed by ALS Group, USA, 1565 W. Jefferson Road, Building 300, Suite #360, Rochester, NY 14623 in the amount of Twelve Thousand Nine Hundred Thirty Two Dollars ($12,932.00) beginning February 15, 2024 with the option of two (2) one-year extensions. [Contract to be filed in Town Clerk's Office] Vote on motion: Deputy Supervisor Cataldi ..Aye Councilman Cahill ............ Aye Councilwoman Nguyen ......Aye Councilwoman Wright ...... Aye Motion carried ..................... 4-0 *** Resolution No. 95: MOTION by Deputy Supervisor Cataldi, seconded by Councilwoman Nguyen, to approve the solicitation of bids for the Town of Webster Sanitary Sewer Improvement Phillips Road to Tebor Road Project and to advertise in the Webster Herald on February 21, 2024, with sealed bids to be opened on March 14, 2024. Vote on motion: Deputy Supervisor Cataldi ..Aye Councilman Cahill ............ Aye Councilwoman Nguyen ......Aye Councilwoman Wright ...... Aye Motion carried ..................... 4-0 *** Resolution No. 96: MOTION by Deputy Supervisor Cataldi, seconded by Councilman Cahill, to schedule a Public Hearing to enact a Local law to include all nonresidential properties with the Town of Webster Consolidated Drainage District, and to pay the applicable fees therefore (Chapter 146 of the Code of the Town of Webster “Taxation”). WHEREAS, the Town Board has the specific authority pursuant to Article 4 of the New York State Town Law to provide for drainage, and to protect the Town from floods, high waters, to construct facilities, drains, ponds, ditches, sluices, etc., for the passage of water, and to provide for the collection of taxes for the expenditure to create and maintain such facilities and to pay for the maintenance of the Town’s drainage system; and WHEREAS, the Town Board has the general authority, also pursuant to Articles 4 of the New York State Town Law, to manage and control the finances of the Town of Webster, and to promote the health, safety, morals, or general welfare of the community; and WHEREAS, the Town Board in its desire to continue to promote the health, safety, morals, or general welfare of the community and its residents and property, has created a Consolidated Drainage District, which District is to be maintained by all the property owners of the Town who are benefited thereby, including all nonresidential users; and 55 02-15-2024  Webster Town Board WHEREAS, it is both in the public interest and required by law that a Public Hearing be held to consider this proposed addition/amendment to the Webster Town Code; and WHEREAS, it is both in the public interest and required by law that a Public Hearing be held to consider this amendment and addition to the Code of the Town of Webster Chapter 146 of the Webster Town Code, a new Article III thereof, entitled “Drainage District Fees;” and NOW, THEREFORE, BE IT RESOLVED: 1. That a Public Hearing shall be scheduled and conducted at a meeting of the Town Board of the Town of Webster to be held at the Town Board Meeting Room, 1002 Ridge Road, in the Town of Webster on Thursday, March 7, 2024, at 7:30 p.m., to consider a Local Law expanding the Town of Webster Consolidated Drainage District to include all users, residential and nonresidential alike. 2. Such Local Law will be designated as: LOCAL LAW NO. 2 OF 2024 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF WEBSTER AS FOLLOWS: Section 1. Title. Chapter 146 Article III - Drainage District Fees §146-19. Definitions. DRAINAGE DISTRICT FEE - The fee charged for costs incurred by the Town in providing stormwater services. DRAINAGE DISTRICT FEE DISCOUNT - The scaling discount percentage that shall be applied in the calculation of Drainage District fees. For structures or practices that, as determined by the MS4 Official, are anticipated to provide: A. Both treatment quality and quantity attenuation, the discount rate shall be up to 40%. B. Either treatment quality or quantity attenuation, the discount rate shall be up to 20%. EQUIVALENT RESIDENTIAL UNIT (“ERU”) - The average amount of impervious surface on a residential property in the Town, as determined by the Town Board. IMPERVIOUS SURFACE - Any surface on a lot that, because of the surface’s composition or compacted nature, impedes or prevents natural infiltration of water into the soil, including, but not limited to, roofs, solid decks, driveways, patios, sidewalks (other than public in municipal rights-of-way), parking areas, tennis courts, concrete, asphalt, or crusher/run streets of paths, or compacted gravel or dirt surfaces, as determined by the Engineering Department. IMPERVIOUS SURFACE AREA - As recorded or calculated by the Engineering Department, the number of square feet of horizontal surface on a lot covered by an impervious surface. LOT - Lot or parcel of land, as found on the Town of Webster Assessment Roll. 56 02-15-2024  Webster Town Board MS4 OFFICIAL/STORMWATER MANAGEMENT OFFICER - The Town employee designated by Town Board resolution to be responsible for compliance with the NYSDEC MS4 program requirements as well as having the authority to perform all duties designated to this position as outlined in the Town Code. NONRESIDENTIAL LOT - All developed and/or improved lots other than those used as residential or agricultural lots. PROPERTY CLASS CODE - The property type classification code, as defined by the New York State Office of Real Property Services in the Assessors’ Manual, assigned to an assessment site by the Town of Webster Assessor, as may be updated by that Department from time to time. RESIDENTIAL LOT - A developed lot with a site Property Class Code of 210, 215, 220, 230, 240, 250, or 270, or substantially identical successor designations. STORMWATER - The runoff from all forms of precipitation that travels over natural or developed surfaces to the nearest stream, other conduit, or impoundment and appears in lakes, rivers, ponds, or other bodies of water. STORMWATER SERVICES - The Town’s program for protection of stormwater quality and for the partial control and conveyance of stormwater, including, but not limited to: public education; monitoring, removing, and regulating stormwater pollutants; other activities described in the Town's New York SPDES permit; mapping; planning; regulating, reviewing and inspecting private stormwater infrastructure; operating, constructing, improving, cleaning, and maintaining the Town's Stormwater System; and any and all expenses deemed reasonably necessary to the management of stormwater within the Town in the judgment of the Superintendent of Highways, including but not limited to the payment of debt principal and debt service, and the establishment of a reserve fund, to pay for these services. STORMWATER SYSTEM - The system of natural and constructed conveyances for collecting and transporting stormwater, including but not limited to lakes, ponds, rivers, perennial, intermittent, and/or channeled streams, connected wetlands, open ditches, catch basins and other inlets, pipes, sewers, drains, culverts, and created stormwater management facilities that provide partial treatment by passive means such as wet detention ponds, detention basins, and stormwater wetlands. §146.20. Drainage District Fee Calculation. A. Each parcel in the Town that is not vacant or agricultural shall be subject to an annual Drainage District Fee proportionate to the total amount of impervious surface present at the site as calculated below. (1) Every residential site shall be deemed to have an impervious surface area equal to one (1) ERU. (2) The number of ERUs of impervious surface area on a nonresidential lot with an impervious surface area greater than one ERU shall be calculated by dividing the lot’s impervious surface area by the value of one ERU and rounding the result up to the nearest tenth of an ERU. Minimum nonresidential lot assessment shall be 1.0 ERU. 57 02-15-2024  Webster Town Board B. Equivalent residential unit. (1) An equivalent residential unit is equal to 5,183 square feet. (2) The MS4 Official shall report to the Town Board regarding changes in the average impervious surface of residential lots should the ERU change. C. Recording of impervious surface area. (1) The Engineering Department shall endeavor to update the Impervious Surface data in the Town’s geographic information systems at least once every five years, beginning with the 2024 assessment roll. (2) Upon close-out of any building permit for a nonresidential property, the Building Inspector or authorized code enforcement personnel shall provide to the Engineering Department notice of the net number of square feet of impervious surface added to the lot, as indicated on documentation associated with said permit, together with the applicable tax map number. The Engineering Department shall thereafter update the data in the Town's geographic information systems to reflect the adjusted impervious surface area on the lot and provide notice of the change(s) to the Assessment Office. The Assessment Department will update the ERU’s on the assessment roll and ensure the change(s) will be included on the next tax bill information according to Real Property Tax Law and the New York State rule and Regulations providing, therefore. §146-21. Drainage District Fee Discount. A. At the discretion of the Town MS4 Official, nonresidential lots that have on-site stormwater features that either improve water quality, reduce runoff, or a combination of both, may be eligible for a discounted fee to be applied to the assessment roll. B. Calculation of the discount. The discount valuation for a practice or structure shall be the product of: the lot's Drainage District fee, the percentage of the total impervious surface area on a lot mitigated by the practice or structure, the practice or structure's reduction rate, and the practice or structure's treatment efficiency. C. Eligible practices. Discounts are available for those stormwater management practices or structures meeting the requirements of Chapter 289 of the Town Code and the New York State Department of Environmental Conservation's Stormwater Management Design Manual guidelines, as amended or replaced by substantially identical guidelines. The MS4 official will make the final determination of eligibility. D. Review criteria. An engineered structure or practice that provides quality treatment and/or quantity attenuation shall be considered by the Town MS4 Official using the criteria set forth herein. 58 02-15-2024  Webster Town Board (1) The proposal must demonstrate that the practice will provide a quantifiable treatment and/or runoff control benefit to the site through engineered design principles. (2) The watershed subcatchment leading to the practice must be clearly defined including the area, amount of impervious cover, flowpath, and existing and proposed land use. (3) The discount for a structure will be prorated based on that structure's treatment efficiency. For example, the reduction for an otherwise-qualifying structure that is designed for 10% water quality volume treatment efficiency, the discount amount will be limited to 10%, as compared with a structure designed for 100% efficiency. (4) Designs must follow the New York State Department of Environmental Conservation's Stormwater Management Design Manual guidelines, as amended or replaced by substantially identical guidelines. (5) The owner must assume all responsibility for practice operation and maintenance. This responsibility shall be memorialized by the establishment of a Stormwater Maintenance agreement with the Town for each individual site. Failure to maintain the facility shall result in cancellation of the reduction applied. E. Administration of discount. (1) In order to obtain a discount, an owner must apply in a form satisfactory to the Town MS4 Official. (2) If an application is approved by the Town MS4 Official, the resulting discount drainage district fees shall take effect on the next applicable tax cycle. Unless otherwise specified, an approved discount shall continue to be applied on each future bill so long as the lot continues to be eligible for the modification; provided, however, that the Town MS4 Official shall cancel any discount for failure to provide the Town with access to inspect and confirm the lot's continuing eligibility for a particular recurring discount. 3. That the determination of significance under the New York State Environmental Quality Review Act will be considered at the time of such Public Hearing. 4. That the Town Clerk give notice of such Public Hearing at least five (5) days prior to such hearing by publishing a copy of this Resolution once in the Webster Herald, the official newspaper of the Town of Webster, and posting a copy thereof on the Town Clerk’s Bulletin Board and Town Website. 59 02-15-2024  Webster Town Board Vote on motion: Deputy Supervisor Cataldi ..Aye Councilman Cahill ............ Aye Councilwoman Nguyen ......Aye Councilwoman Wright ...... Aye Motion carried ..................... 4-0 *** Resolution No. 97: MOTION by Deputy Supervisor Cataldi, seconded by Councilwoman Wright, to authorize the Town Supervisor to sign a Professional Services Agreement with Campus Construction Management Group, Inc., 1241 Pittsford-Victor Road, Pittsford, New York to continue to provide Project Coordinator Services for the fairlife® Project for an additional sixteen (16) months (December 2023-March 2024) for an amount not to exceed Sixty Five Thousand Nine Hundred Twenty Dollars ($65,920.00). [Agreement to be filed in Town Clerk's Office] Vote on motion: Deputy Supervisor Cataldi ..Aye Councilman Cahill ............ Aye Councilwoman Nguyen ......Aye Councilwoman Wright ...... Aye Motion carried ..................... 4-0 *** Resolution No. 98: MOTION by Deputy Supervisor Cataldi, seconded by Councilman Cahill, to authorize the Town Supervisor to sign Contingency Contracts with three (3) Professional Recruitment Search Firms: Goodwin Recruiting, Contingent Fee – 25% of salary with 60-day replacement guarantee; Davron, Contingent Fee – 23% of salary with 13-week sliding fee discount; and Exek Recruiters, Contingent Fee – 25% of salary with 100-day sliding fee credit. [Contracts to be filed in Town Clerk's Office] Vote on motion: Deputy Supervisor Cataldi ..Aye Councilman Cahill ............ Aye Councilwoman Nguyen ......Aye Councilwoman Wright ...... Aye Motion carried ..................... 4-0 *** Resolution No. 99: MOTION by Councilwoman Wright, seconded by Councilman Cahill, to approve the following items from the Parks and Recreation Department: Sceptre 40-inch LCD TV Asset Tag #005555 Sceptre 40-inch LCD TV Asset Tag #005556 Sceptre 40-inch LCD TV Asset Tag #005557 Sceptre 40-inch LCD TV Asset Tag #005558 Sceptre 40-inch LCD TV Asset Tag #005559 Reception Desk-Shaker Cherry Asset Tag #006761 Recycle or transfer to another department. Vote on motion: Deputy Supervisor Cataldi ..Aye Councilman Cahill ............ Aye Councilwoman Nguyen ......Aye Councilwoman Wright ...... Aye Motion carried ..................... 4-0 *** 60 02-15-2024  Webster Town Board Resolution No. 100: MOTION by Deputy Supervisor Cataldi, seconded by Councilwoman Nguyen, to approve the following items from the Parks and Recreation Department: Area Velocity Meter No Tag Vote on motion: Deputy Supervisor Cataldi ..Aye Councilman Cahill ............ Aye Councilwoman Nguyen ......Aye Councilwoman Wright ...... Aye Motion carried ..................... 4-0 *** There being no further business to come before the Board, the meeting was adjourned at 8:04 p.m. ___________________________ Dorothy M. Maguire, Town Clerk 61 02-15-2024