Town Board Agendas & Minutes

Webster Town Board March 21, 2024 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 .......................................................................................John J. Cahill Councilwoman ........................................................................... Ginny L. Nguyen Councilwoman .......................................................................... Jennifer S. Wright Attorney .............................................................................................. Kyle Taylor Town Clerk ........................................................................... Dorothy M. Maguire Absent: Councilwoman .......................................................................... Patricia T. Cataldi Department Heads Present: Communications Director .............................................................. Bridget Harvey Deputy Commissioner of Public Works-Sewer ................................... Art Petrone Finance Director.................................................................................. Paul Adams Highway Superintendent .................................................................... Pat Stephens Parks and Recreation Director ............................................................ Chris Bilow Also in attendance was Rick Kenealy, Wastewater Treatment Plant Chief Operator. *** Supervisor Flaherty led the Pledge of Allegiance to the Flag. *** The meeting was open to the floor for public comment. Roy Green, Penfield Resident, appeared before the Town Board to express his concerns regarding the accessibility of Environmental Protection Overlay District (EPOD) maps within the Town of Webster. *** Resolution No. 121: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to approve the March 7, 2024 Town Board Minutes as submitted by the Town Clerk. Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 122: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to approve the March 14, 2024 Town Board Workshop Minutes as submitted by the Town Clerk. 86 03-21-2024  Webster Town Board Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill............ Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 123: MOTION by Councilwoman Nguyen, seconded by Councilman Cahill, to approve the bills as submitted in Warrant #0324A by the Director of Finance. Fund Inside Outside Total General (A,B) CL #811-1008 94,869.80 285,753.26 380,623.06 Highway (C,D) 87,473.78 66,642.75 154,116.53 Sewer (G) 65,243.36 73,171.31 138,414.67 Library (L) 45,014.03 19,002.68 64,016.71 Drainage Districts (M) 2,348.44 3,751.08 6,099.52 Park Districts (P) 0.00 64.96 64.96 Water Districts (R/SW) 0.00 1,228.13 1,228.13 Special Districts (N,Q,S) 7,503.50 2,843.19 10,346.69 Sewer Districts (J) 0.00 1,228.13 1,228.13 Trust & Agency (T/A,TP,XM,XD) 0.00 221,386.94 221,386.94 Capital Projects (H) #32-34 H232 Highway Garage Building 101,788.85 0.00 101,788.85 H237 Coca-Cola/Fairlife 12,254.90 0.00 12,254.90 TOTAL 416,496.66 675,072.43 1,091,569.09 Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 124: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to approve the prepaid vouchers included in Warrant #0324A by the Director of Finance in the amount of $675,072.43. [Included in the summary of vouchers approved in Resolution #123] Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 125: 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 Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** 87 03-21-2024  Webster Town Board Resolution No. 126: MOTION by Councilwoman Wright, seconded by Councilman Cahill, to authorize the Town Supervisor to execute an amendment to the Energy Performance Contract with Navitas LLC for improvements to the Town Water Pollution Control Facilities. WHEREAS, on June 15, 2023, by Resolution #209 of 2023, the Town Board of the Town of Webster authorized the Town Supervisor to enter into an agreement with Navitas, LLC to implement an energy performance contract in the amount of Forty Million Two Hundred Twenty-Five Thousand One Hundred Forty-Seven Thousand Dollars ($40,225,147.00) which is compliant with Article 9 of the New York State Energy Law; and WHEREAS, on November 16, 2023, by Resolution #398 of 2023, the Town Board of the Town of Webster authorized the Town Supervisor to execute an amendment to that original energy performance contract with Navitas, LLC by adding to it an additional amount of Twenty Million Six Hundred Ninety-Five Thousand Seven Hundred Dollars ($20,695,700.00), both which amounts were included and anticipated as part of and in the Bond Resolution approved by the Town Board by Resolution No. 264 of 2023 on July 27, 2023; which is compliant with Article 9 of the New York State Energy Law, and resulting then in a total cost of $60,920,847.00; and WHEREAS, the additional cost for such amendment and services to be rendered and materials to be purchased of Twenty Million Six Hundred Ninety-Five Thousand Seven Hundred Dollars ($20,695,700.00), was included and anticipated as part of and in the Bond Resolution approved by the Town Board by Resolution No. 264 of 2023 on July 27, 2023; and WHEREAS, the Town and Navitas had entered into a contract for materials and services to implement an innovative energy focused design for the Town’s Wastewater Treatment Facility upgrade; and WHEREAS, the Town Board, by Resolution #398 of 2023 (November 16, 2023) authorized the Supervisor to execute an agreement amending the original contract (First Amendment), which amendment cost a total of Twenty Million Six Hundred Ninety-Five Thousand Seven Hundred Dollars ($20,695,700.00), in addition to the original Forty Million Two Hundred Twenty-Five Thousand One Hundred Forty-Seven Thousand Dollars ($40,225,147.00) approved on June 15, 2023 by Resolution #209 of 2023, which previously approved costs were, and additional costs, are, deemed necessary to upgrade and renew the Town’s Facilities in full compliance with Article 9 of New York State Energy Law, for a total cost at that time of $60,920,847.00; and WHEREAS, as the Town of Webster Sewer Department has further reviewed the scope of the work to be done by Navitas, and the costs thereof, and both the Town representatives and Navitas agree that further additions to the original scope of work and materials as approved in the June contract required an amendment to that prior contract for such work and materials, as well as a modified construction schedule with relative changes to the costs of the construction, which amendment documents are attached hereto as “Town of Webster Water Resources Recovery Facility Project – Amendment #2” and a “CONSTRUCTION SITE LAYOUT – PLAN” dated 09/12/23, and referred to as EX-1, both of which supersede (and/or add to) the respective Exhibits attached to the previous (June 2023) Agreement and (November 2023) First Amendment; and 88 03-21-2024  Webster Town Board WHEREAS, the Town and Navitas have agreed to amend the Agreement and First Amendment previously entered into, which Second Amendment is deemed necessary and appropriate by the Town and Navitas, and which cost(s) was/were fiscally anticipated by the Town Board as part of and in the Bond Resolution approved by the Town Board by Resolution No. 264 of 2023 on July 27, 2023: NOW THEREFORE, in consideration of the foregoing, be it RESOLVED: 1. That the Town Board of the Town of Webster authorizes and directs the Town Supervisor to execute on behalf of the Town an amendment to the original agreement and to the First Amendment (approved by Resolution #398 of 2023) with Navitas, LLC which resulted in a total cost of $60,920,847.00, a Second Amendment which amendment will change, as being necessary, certain work, scheduling of work, and materials to be purchased and received to continue implementing energy performance compliant with Article 9 of the New York State Energy Law which original contract, this Amendment and Exhibits thereto are on file with the Town Clerk. 2. The cost of the services and materials affected by this Second Amendment is expected to be One Million Fifty-Eight Thousand Two Hundred Dollars ($1,058,200.00), for a total cost now of Sixty-One Million Nine Hundred Seventy-Nine Thousand Forty-Seven Dollars ($61,979,047.00). [Amendment to be filed in the Town Clerk’s Office] Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 127: MOTION by Councilman Cahill, seconded by Councilwoman Nguyen, to retain Campus Construction Management Group, Inc. to provide construction management services through the pre-construction, construction, and closeout phases for the proposed restaurant building at Sandbar Park and authorize the Town Supervisor to sign the contract for an amount not to exceed One Hundred Thirty-Six Thousand Dollars ($136,000.00). [Contract to be filed in the Town Clerk’s Office] Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 128: MOTION by Councilwoman Wright, seconded by Councilwoman Nguyen, to retain Passero Associates to provide Engineering Design Services for the proposed restaurant building at Sandbar Park and authorize the Town Supervisor to sign the contract for an amount not to exceed Twenty-Eight Thousand Four Hundred Seventy Dollars ($28,470.00). [Contract to be filed in the Town Clerk’s Office] 89 03-21-2024  Webster Town Board Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 129: MOTION by Councilwoman Wright, seconded by Councilman Cahill, to retain Passero Associates to provide Architectural Design Services for the proposed restaurant building at Sandbar Park and authorize the Town Supervisor to sign the contract for an amount not to exceed One Hundred Eighteen Thousand Five Hundred Dollars ($118,500.00). [Contract to be filed in the Town Clerk’s Office] Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 130: MOTION by Councilman Cahill, seconded by Councilwoman Nguyen, to retain Professional Ambulance Billing LLC (PAB), 8610 Main Street, Williamsville, NY 14221 to provide Ambulance Basic and Advanced Life Support billing services for Webster Emergency Medical Services (WEMS) and to authorize the Town Supervisor to sign a Billing Service Agreement and HIPPA Business Associate Agreement. [Agreements to be filed in the Town Clerk’s Office] Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 131: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to solicit bids for Sewage Sludge Hauling and Disposal and advertise in the March 27, 2024 edition of the Webster Herald. Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 132: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to enact a local law to include all nonresidential properties within the Town of Webster to be part of the Town of Webster Consolidated Drainage District, and to pay the applicable fees therefore (Chapter 146 of the Code of the Town of Webster Drainage Control). The following Resolution was offered by Supervisor Flaherty and moved its adoption: 90 03-21-2024  Webster Town Board 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 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 WHEREAS, a Notice of this Public Hearing was published in the Webster Herald on February 28, 2024, and posted on the Town’s website and on the Town Clerk’s Bulletin Board at 1000 Ridge Road, Webster, New York; and WHEREAS, a hearing on this matter has been held on March 7, 2024, at 7:30 p.m. at the Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York, and all interested persons have been heard; and WHEREAS, the proposed action is a “TYPE II” action under the New York State Environmental Quality Review Act, it being routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment: NOW, THEREFORE, BE IT RESOLVED: 1. A new Chapter 146 Article III - Drainage District Fees of the Webster Town Code, relating to Stormwater Drainage District Fees be enacted in their place as follows: 2. Such Local Law will be designated as: LOCAL LAW NO. 2 OF 2024 This law is entitled "A local law to enact a new Chapter 146 Article III - Drainage District Fees of the Webster Town Code, relating to Stormwater Drainage District Fees”. Section 1. Title. Chapter 146 Article III - Drainage District Fees 91 03-21-2024  Webster Town Board §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. 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 92 03-21-2024  Webster Town Board 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. 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. 93 03-21-2024  Webster Town Board §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. (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 sub-catchment leading to the practice must be clearly defined including the area, amount of impervious cover, flow-path, 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. 94 03-21-2024  Webster Town Board (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. This local law shall take effect upon filing with the Secretary of State. 4. The Town Clerk is hereby authorized and directed to take such action as may be necessary to carry this Resolution into effect. Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 133: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to table the consideration of enacting a local law repealing and replacing Sections 257-165 and 257-166 of Chapter 257 Sewers of the Code of the Town of Webster. Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 134: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to schedule a Public Hearing for April 4, 2024 at 7:30 p.m. to consider a local law to change Sections 257-165 and 257-166 of the Code of the Town of Webster, and to publish the notice in the March 27, 2024 edition of the Webster Herald. Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 135: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to approve the following items for recycling from the Sewer Department. Electrical Disconnect Asset Tag #2065 Electrical Disconnect Asset Tag #2064 Electrical Disconnect Asset Tag #2066 Electrical Disconnect Asset Tag #2067 Electrical Disconnect Asset Tag #2063 95 03-21-2024  Webster Town Board Vote on motion: Supervisor Flaherty .............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 8:14 p.m. ___________________________ Dorothy M. Maguire, Town Clerk 96 03-21-2024