Town Board Agendas & Minutes

Webster Town Board May 15, 2025 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 Councilwoman ........................................................................... Patricia T. Cataldi Councilman....................................................................................... John J. Cahill Councilwoman ............................................................................ Ginny L. Nguyen Councilwoman ...........................................................................Jennifer S. Wright Attorney for the Town .........................................................................Kyle Taylor Deputy Town Clerk .......................................................... Ann Marie Champagne Department Heads Present: Community Development Director ..................................................... Josh Artuso Personnel Director .................................................................... Brayton Connard *** Supervisor Flaherty led the Pledge of Allegiance to the Flag. *** Supervisor Flaherty read the following proclamation. Proclamation for Excellence In Eagle Scouting Presented to Andrew Bronco and Henry Schlafer WHEREAS, The United States’ largest youth organization, Scouting America, is dedicated to promoting self-reliance, courage, and patriotism among young people. In scouting, the rank of Eagle Scout is the most prestigious award a Scout can earn, and is attained only after countless hours of hard work, sacrifice, and commitment to the scouting creed; and WHEREAS, The journey to Eagle Scout is a challenging one, lined with many tasks and responsibilities that only the strongest of Scouts are able to overcome and master; and WHEREAS, Andrew Bronco and Henry Schlafer display qualities deserving of such a distinction. For his Eagle Scout project, Andrew led a team of volunteers in assembling picnic seating at Webster’s Charles E. Sexton Memorial Park. Henry’s service project included the construction of a kiosk and park bench at Webster’s Herman Road Nature Preserve; and WHEREAS, Andrew and Henry are models of all that Scouting America represents and has contributed to our community in countless ways. Andrew and Henry have assisted in many projects and community service efforts; they are truly deserving of this honor. 1 05-15-2025  Webster Town Board NOW, THEREFORE, BE IT RESOLVED, that on the occasion of their Eagle Scout Award, as the Supervisor of the Town of Webster, on behalf of the Webster Town Board and the entire Webster community, we extend out sincerest congratulations to Andrew & Henry on their accomplishment and leadership. May 15, 2025 Thomas J. Flaherty, Town Supervisor *** Sharon Pratt, Webster Historical Society Board Member, appeared before the Town Board. She invited Supervisor Flaherty, Councilwoman Nguyen, Lynn Barton, Town Historian, and others to join her at the podium to present a historical plaque to the Railroad Station in the Village of Webster. Accepting the plaque was Austin Snyder and Stacey Warren. *** The meeting was open to the floor for public comment. No comments were received. *** Resolution No. 156: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to approve the May 1, 2025 Town Board Workshop Minutes as submitted by the Town Clerk. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Abstain Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 4-1-0 *** Resolution No. 157: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to approve the May 1, 2025 Town Board Minutes as submitted by the Town Clerk. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Abstain Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 4-1-0 *** Resolution No. 158: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to consider a license agreement to locate a 6 foot tall privacy fence within a Town drainage easement at 479 Sandystone Circle, Tax ID# 078.16-1-70. WHEREAS, a 20+ foot wide drainage easement was granted to the Town of Webster and recorded in the Monroe County Clerk’s Office, 116.89’ of which running along the south side of the property at 479 Sandystone Circle, Town of Webster; and WHEREAS, Roland and Krista Maier are the owners of the property located at 479 Sandystone Circle, Town of Webster, Tax ID # 078.16-1-70; and WHEREAS, Roland and Krista Maier have applied to install a 6’ privacy fence upon, within and through the aforesaid easement, and that in the event the placement and/or height of such fence is not in such conformance, such fence shall not be constructed unless the proper variance(s) is/are received from the Town of Webster Zoning Board of Appeals; and 2 05-15-2025  Webster Town Board WHEREAS, the applicants have requested relief from the Webster Town Board to permit the aforesaid privacy fence to exist upon and encroach within said easement; and WHEREAS, the Town of Webster has the authority to grant the relief requested, and the public good will not be harmed thereby: NOW, THEREFORE, BE IT RESOLVED: 1. Pursuant to application of Roland and Krista Maier are the owners of the property located at 479 Sandystone Circle, Town of Webster, Tax ID # 078.16-1-70 and in recognition of the hardship created if the relief sought herein is not granted, the limited detriment to the Town of Webster, and upon consideration of all relevant factors, the Webster Town Board hereby allows the construction of the aforesaid decorative aluminum fence which will exist upon and encroach upon the easement affecting 479 Sandystone Circle, Town of Webster. 2. This Resolution in no way applies to any other encroachment, violations or relief sought by the owners, their successors, grantees or assigns from any other building, structure or zoning violation which may exist on such premises. 3. This relief is granted upon the following conditions: A. The proposed fence shall encroach upon the said easement as proposed as drawn on the survey map prepared by Triple Point Land Surveying, LLC, and dated June 21, 2022. B. The proposed fence shall not be expanded to further encroach on or in the easement, nor will it be moved from its permitted places within the easement as shown on the Instrument Survey Map presented to the Town Board, and as referenced above. C. Upon the destruction or demolition of the aforesaid fence or any part of thereof, through natural causes or otherwise, the Owners of the fence will not reconstruct it without a specific Resolution of the Town Board authorizing its replacement or reconstruction. D. The Owners of the fence shall be solely responsible for any damage caused by or to the fence as a result of the Town’s maintenance of said easement, and the Owners, their successors and assigns further agree to indemnify, defend and hold the Town harmless from any and all loss or damage caused to or by the fence as a result of work done by the Town as a result of reasonable and necessary work done by the Town within said easement. E. In the event of an emergency, or if the Town deems it necessary or imperative, the Town will have the right to remove or take down all or any part of said fence, without recourse by the Owners or their successors or assigns to such removal or taking down. F. This Resolution shall in no way affect the rights, if any, of any other public entities or public utilities in or to said easement. 4. The record Owners of the proposed fence and the Town of Webster will enter into a licensing agreement incorporating all the conditions of this Resolution in form and substance as approved by the Town Attorney, and which will further provide the Owner, at his expense, will record the licensing agreement in the Monroe County Clerk’s Office. 3 05-15-2025  Webster Town Board Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 159: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to approve an amendment to the development plan of lands on the south side of Ridge Road, east of Shoecraft, known by TAX ID# 079.15-1-34, 079.15-1-16.001, 079.15-1-16.002, and 079.15-1-16.003, with street addresses of 985, 987, 991, and 1013 Ridge Road, (also known as Ridge Commons), pursuant to Town Code Section 350-23 F&G, removing a portion of 991 Ridge Road, Tax ID# 079.15-1-16.001 from the Progressive Development District. WHEREAS, Fox Family Business Management, LLC (Charlie Fox, President) is the owner of property with addresses known as 985, 987, 991 and 1013 Ridge Road and identified by Tax Account Numbers 079.15-1-34, 079.15-1-16.001, 079.15-1-16.002 and 079.15-1-16.003, collectively known as Ridge Commons; and WHEREAS, on April 3, 2025 the Webster Town Board passed Resolution #129 setting a Public Hearing for May 1, 2025 to consider amendments to an existing PDD set up in 2019 on Ridge Commons and to publish notice of said hearing in the April 16, 2025 edition of the Webster Herald; and WHEREAS, a Public Hearing was held on May 1, 2025 to consider an amendment to the PPD on Ridge Commons pursuant to Webster Town Code 305-23(G)(4)(b) and 305-23(G)(7): NOW, THEREFORE, BE IT RESOLVED: 1. That the proposed action is a Type II action under the State Environmental Quality Review Act and no further action is required. 2. That the Webster Town Board approves the proposed amendments to the PDD-Overlay District and the development plan. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 160: MOTION by Councilwoman Cataldi, seconded by Councilwoman Wright, to approve the bills as submitted in Warrant #0525A by the Director of Finance. Fund Inside Outside Card/ACH Total General (A,B) CL #1456-1613 146,324.34 269,492.24 1,666.89 417,483.47 Highway (C,D) 12,926.16 75,239.52 1,197.15 89,362.83 Sewer (G) 9,394.43 62,187.08 16,412.04 87,993.55 Library (L) 55,765.67 18,074.47 1,018.47 74,858.61 Drainage Districts (M) 0.00 1,836.94 0.00 1,836.94 Park Districts (P) 185.00 67.50 0.00 252.50 4 05-15-2025  Webster Town Board Fund Inside Outside Card/ACH Total Special Districts (N, Q, S) 0.00 2,976.61 0.00 2,976.61 Trust & Agency (T/A,N/SF,T/T, 0.00 254,813.19 0.00 254,813.19 WEMS) Capital Projects (H) #82-84 H220 WWTP Improvement 22,865.00 0.00 0.00 22,865.00 H231 WWTP Upgrade Phase II 48,717.35 0.00 0.00 48,717.35 H237 Coca-Cola/fairlife 24,844.55 0.00 0.00 24,844.55 TOTAL 321,022.50 684,687.55 20,294.55 1,026,004.60 Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 161: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to approve the prepaid vouchers included in Warrant #0525A by the Director of Finance in the amount of $684,687.55. [Included in the summary of vouchers approved in Resolution #160] Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 162: 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 Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 163: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to adopt a Workplace Violence Prevention Program and Policy Statement. WHEREAS, New York State Labor Law, Article 2, Section 27-b, entitled The Workplace Violence Prevention Act (The “Act”), requires public employers to develop and implement programs to prevent and minimize workplace violence and ensure the safety of public employees; and WHEREAS, the Town of Webster previously adopted a program and policy statement consistent with the “Act”; and WHEREAS, the Webster Town Board desires to make changes to the previously adopted program and policy statement to be consistent with best practices: 5 05-15-2025  Webster Town Board NOW, THEREFORE, BE IT RESOLVED: That the Webster Town Board adopt the Workplace Violence Prevention Program and Policy Statement. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 164: MOTION by Councilwoman Wright, seconded by Councilwoman Cataldi, to revise the Town of Webster Employee Handbook to replace the unused title of Labor Foreman with the current title of Working Foreman on the Commuter Use Vehicle Chart located on page 500-9 in the Employee Handbook. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 165: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to set a Public Hearing to consider a proposed Creekside cell tower location including a lease agreement. WHEREAS, the Town of Webster owns a certain parcel of land located at 1209 Creekside Trail, Webster, NY 14580 (the “Property”); and WHEREAS, Verizon Wireless desires to lease a portion of the Property to construct and operate a wireless telecommunication cell tower on the Property (the “Project”); and WHEREAS, the Webster Town Board has the authority to lease real property pursuant to Town Law 64(2) and 198(12)(a) to lease real property owned by the Town; and WHEREAS, pursuant to Matter of County of Monroe v. City of Rochester, the Town may consider whether and to what extent the Town of Webster’s zoning laws apply to the Project: NOW, THEREFORE, BE IT RESOLVED: 1. 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 Town of Webster on June 5, 2025 at 7:30 p.m. to consider whether and to what extent the Town of Webster’s zoning laws apply to the Project and to further consider a lease agreement with Verizon Wireless for the Property to be used in connection with the Project. 2. That the determination of significance under the New York State Environmental Quality Review Act is to be considered at the time of such Public Hearing. 6 05-15-2025  Webster Town Board 3. That the Town Clerk give notice of such Public Hearing at least ten (10) days, but no more than twenty (20) 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 the Town’s website. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 166: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to table setting a Public Hearing for Thursday, June 5, 2025, on proposed changes to the Property Maintenance Code and to be advertised in the Wednesday May 21, 2025, edition of the Webster Herald. Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Wright ....... Aye Motion carried .................. 5-0 *** Resolution No. 167: MOTION by Councilwoman Wright, seconded by Councilwoman Nguyen, to authorize the Supervisor to sign Addendum #3 to the existing cooperative agreement between the Town of Webster and Monroe County Soil & Water Conservation District for construction of a regional Stormwater Facility and Stream Restoration within Shipbuilder’s Creek Watershed amending the completion date, documentation deadlines, and increasing the dollar amount in the agreement to a sum not to exceed $478,981.00. [Addendum to be filed in the Town Clerk’s Office] Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Nguyen ...... Aye Motion carried .................. 5-0 *** Resolution No. 168: MOTION by Councilwoman Cataldi, seconded by Councilwoman Nguyen, to approve the following items for auction from the Police Department: • 2015 Ford Taurus Blue Asset Tag #006346 • 2015 Ford Taurus Black Asset Tag #006347 Vote on motion: Supervisor Flaherty ............ Aye Councilwoman Cataldi ..... Aye Councilman Cahill .............. Aye Councilwoman Nguyen .... Aye Councilwoman Nguyen ...... Aye Motion carried .................. 5-0 *** 7 05-15-2025  Webster Town Board There being no further business to come before the Board, the meeting was adjourned at 8:06 p.m. ____________________________________ Ann Marie Champagne, Deputy Town Clerk 8 05-15-2025