Town Board Meeting
Town Board Media 2025.10.02

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October 2, 2025 · 40 min read · auto-transcribed · View original
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captions Language: en stands one nation under God, indivisible, with liberty and justice for all. >> Denine, can you do roll call, please? >> Supervisor Flity, >> here. >> Councilwoman Cataly, >> present. >> Councilman Cahill, >> here. >> Councilwoman Wyn, >> here. >> Councilwoman Wright, >> here. Attorney for the town, Taylor >> here. Okay. Uh, our first item tonight is a public hearing uh about proposed town code changes including property maintenance and uh temporary certificate of occupancy uh codes. Um I said earlier at the workshop uh these meetings are like a chapters in a book. Uh we had set this public hearing I think at the September 4th or September 18th board meeting and by law you have to publish it in the Webster Herald and we put it out there with all the proposed uh code changes.

I think it's about 45 pages altogether and then we have the public hearing to hear from the public on what they think about the proposed code changes. Um, I will say this before I open the public hearing, which right now only one person, uh, I think Diane has signed up to talk. Um, what I'm about to say probably won't affect her cuz she looks like a very nice person. Uh, three rules that we have for when people take the podium for both the public hearing and then the general uh, after that five minutes. One, five minutes. Please try to keep to that. No matter how I say to somebody, you're at four minutes and 45 seconds, I always sound like a jerk.

So, try to keep it to five minutes. Two decorum. If you don't like what they're saying up there, then you should take the podium next and say what you want to say. But you don't cat call from the audience. And in fact, the way these meetings are taped and audio, nobody's going to hear you from the audience. They're only going to hear you from the podium, and the only person speaking should be at the podium. And third, and most important, if you take your five minutes to rattle off a list of 72 questions, the town board is not going to then be uh, you know, asked to answer all 72 questions or any questions because especially at the public hearing, you'll notice that we don't have a resolution to adopt these codes tonight.

The sequence is the public hearing tonight is so we hear feedback. maybe there is some things we got to tweak based on what we hear from the public. So, we would come back at future board meetings to show those tweaks and this and that. So, um any questions that are asked from the podium, they'll they'll be answered. Uh we'll get your email address, we'll get your phone number, and we'll make sure that those questions are answered um in the next couple weeks as we dubtail to the next meeting uh so to speak. So, with that being said, I am going to open the public hearing. And the first person who signed in to speak is Diane Cole.

>> Yeah, he was going to do it because I don't do this. >> I guess I don't even know what the proposed changes are. D >> the microphone. Can you just >> I don't know what the changes are. Okay. >> Is that out there somewhere the information? >> Yes. >> Would you like us to get you and Ernest the that those changes that have been published? >> Yeah. Because I guess the reason we're here >> is um we've had a neighbor for 9 years and they were just cited for a number of things and we're just wondering >> what the consequences um and if the town looks at they have such a history. They're living in a house um that was on caught fire last year and I'm not so sure that they're supposed to even be back in there.

Um does somebody drive by and make sure that uh codes are being enforced? They were keeping garbage out in their driveway for a while. They have commercial vehicles there. They're operating a business. And so I guess you know what are the rules and what are the consequences? talked to some other neighbors and they didn't even want to come. They said the town's not going to do anything about this. So that's that's my my little speech there. You know what's really going to be done? They just got cited four or five things and it's all out there still. >> So I've written to the town. >> Mhm. >> We've talked Yeah.

you know, from people living in a trailer in their yard, broken windows, uh, gunshot windows. So, we're wondering what the town's really going to do about this. So, my speech, >> and it's a great one. Thank you, Diane. I will tell you this. Um, we we do have your email address, so we can easily send over the 46 page PDF. Uh, >> and because I know of your situation, once it clicked and I'm like, "Oh, yeah." and I looked at the address. I will tell you this that a lot of the property maintenance things that are in those 46 pages, we didn't just come up with them off the top of of our head. >> Josh Artuso who runs the is the director of community development along with the the building inspectors, code enforcement, our town attorney, our judges who have felt as though these people that just don't keep their property the way that normal people would keep it.

And I know that is a subjective term. One person's castle is another whatever. But we looked at some egregious cases and said, could we tweak the code so we have a little bit more stick? We try to lead with a carrot. We want voluntary compliance of people. And we usually get it, do we not, Sean? Hi Sean. Um Josh. >> Yeah, I'd say 95% of the time. But for the egregious cases who know they can and I say it, they can kind of thumb their nose at us because when they know they go through the whole five or six month process, they're going to get to court and the judge really only has like so they know that.

So our our code enforcement officers are frustrated, Josh is frustrated, town legal is frustrated, the judges are frustrated, the neighbors are frustrated. And a lot of those code change proposals that are in that 46 pages which we'll send to you address that there is nobody that else that signed up for the but you would you like to speak at the public hearing on code changes. >> I didn't >> jump in. >> Come run right up and just >> give your That's okay. We'll sign you in here. Um you can come in late and still speak. So just name and address. My name is Jan Armen Trout and my address is 670 Willow Lane in Webster, New York, where life is worth living.

And I just wanted to take a moment this evening to talk about um the codes related to recreational vehicles, trailers, um abandoned vehicles, which I believe is contained in that 46 pages. Um, I spent a lot of time in this room over the past year and a half because I have one of those 5% neighbors who um certainly pushes every code to the limit and um has his own interpretation. And I'd like to say in terms of the the town board, which I know well the planning board and the zoning board were all involved. The boards really went out of their way as did Josh in terms of understanding the situation, looking at things, looking at the code, but there are the limitations of code for things that go on this property that's directly across the street from me and was actually used, I think, as an example in some of the promotional materials.

Um, what I'd like to say today is just that the proliferation of recreational vehicles and trailers and everything, I think really since COVID has proliferated dramatically within the community. Um, and while section 250 of the town code addresses many of the issues, I would ask you if you could please, you see my smartphone's still smarter than me. Um, if you could please address the issue that only one recreational vehicle be permitted to be stored on residential property within the parameters detailed in chapter 250. I think it's chapter or section 250. And secondly, um, I'm living across like the hoarder of trailers, I think, because there, you know, several of these pieces of stuff are on the property.

So, and a couple of them are exceedingly old and not roadworthy. But because chapter 324, the vehicles junked and abandoned um excludes recreational vehicles and house trailers in their subsequent regulations. It's very difficult to address when is a junk house trailer or you know vacation trailer junk and how is that defined? So what I would suggest is that you do include under chapter 324 the recreational vehicles and the house trailers. That chapter does have clear language regarding the disposal of vehicles that have outlived their useful lives. As currently written, recreational vehicles and house trailers are exempted in the definitions is where it is.

Simple inclusion of recreational vehicles and house trailers in chapter 324 would solve a myriad of problems with yards that are turning into junkyards. And the details of chapter 250 then could be focused on those vehicles that are truly roadworthy at the moment. And again, I think that you know for all the issues before the town, before the board, before neighbors, you guys are all doing a very good job and I thank you. Thank you, Jan. And and by the way, that was that type of specificity on what you just proposed has changed. That's gold for us, honestly. >> Um, thank you. >> I'll make sure that Josh gets a copy of this.

>> Sure. >> Okay. Thank you. >> Okay. Um, >> thank you, Jan. >> Does anybody else want to take the podium for the public hearing as it pertains to the proposed code changes? Oh, we do have a >> Ernest. >> All right. One of the code changes is uh handwriting. [Music] >> Yes. The the further I went in college, the worse it got. And I apologize for that. >> I'm with you. uh the one in addition to is uh and I'm not sure that animals, pets, dogs fall underneath the same codes, etc. as what you're talking about here tonight. But uh the same neighbor has had a number of of dogs that uh are not trained to be good neighbors.

They're actually trained to be aggressive. And I've had that event happen where I fortunately have a stick in my hand and was able to uh use it. And and I love, you know, love animals. We we had cats, not dogs, but uh got plenty of granddogs. But I think that that type of thing, repeat offenses with dogs get, you know, people getting bit by dogs is something that needs to be part of zoning or how many dogs can you have inside a house within a given property. This would by the barking going on, it would appear to be multiple right now. Thanks, Ernest. Go Bills. Go. >> Okay, we're having fun. Anybody else that the spirit moved him to get up there on the the codes?

Uh, okay. Well, then I'm going to close the public hearing. When the mallet goes down, that that's the end of the public speaking and then we're going to turn it to a discussion at the board side. So, this public hearing is officially closed. Now, does the board members have any questions, comments uh on this? >> I just have one comment and um I'm I'm glad that we're going to be able to send out these code changes to um those here who requested it this evening, but also people can tune in and go back and watch the September 18th workshop when this was presented and it was discussed. So, you might glean some other information from that workshop as well.

>> I don't have any questions. I I met with Josh. I talked to him twice regarding some concerns I've had and uh he addressed those. So, Josh, thank you for your time. >> Thank you. I I think that many of these things are long overdue and as the supervisor mentioned, we've all been frustrated by the um the lack of this, if to use his words, the stick in the code. Um and I I get that everyone has their own individual rights in how they want to keep their property. Um and everyone has a different idea of of what that maintenance looks like. But some of these that are so egregious now start to really infringe on the rights of their neighbors.

>> And I think that uh certainly none of us wants to live next door to that. And we need to figure out a way that we can try to um uphold a different standard, if you will. Not standard, but just expectation. So, I apologize, but I know I said I didn't have any questions, but um the point you're making, Patty, is a valid one. And in the spirit of enforcement, this question goes to Josh and Kyle. Now, I know or I've heard that, you know, some of these court cases have been thrown out due to lack of teeth um within the code itself. Okay. So I get my question to both of you is have these revisions and changes in the code been um have we consulted either judge regarding this so that when these go in front of a judge he will be more likely to enforce um the penalties.

>> Caleo that's a good question. Um the the issue with the enforcement mechanism was actually addressed in code changes. Um Josh, you remember when that was? Was that the tail end of last year? >> July of last year. >> July of last year. So the the issue regarding uh enforcement in cases being dismissed. That issue was addressed within those changes and we've actually um Josh and uh John Demarco who handles the prosecution of these cases have been successful in bringing them. There was a bit of a back and forth uh in making sure everything was buttoned up. Um but at this point they have now begun successfully um taking these before the town judges in getting um the necessary relief.

So that issue was resolved. Uh these changes uh address some of the more specific items as you as you look read through them, but they're going to be subject to the same enforcement mechanisms that have been codified and have been successful uh in the last uh you know six to eight months. >> Thank you. Jenny or Jennifer? >> No other questions. >> Jenny. >> Yeah. No. >> Okay. Um, so we will take what we've heard tonight and Jan, great stuff. And the polls, you'll see the pages that uh were out there as far as what is being proposed. Um, and in a future board meeting, we will see if we're adopting this.

Um, it could be as soon as uh October 16th, two weeks from tonight. Um, all right. Well, that is that. Uh so our next agenda item tonight is the open to the floor where each speaker is allowed up to five minutes to speak to their heart's content. I already gave the the three rules of engagement. Uh >> did you close the hearing? >> I did. Okay. Thanks. >> Uh and right now we only have one person signed in, but as like I said, if you if you change your mind and you do want to speak, by all means, we will let you. Christopher, the Seattle Mariners fan from years ago. Chris Naka, 1065 Shoe Craft Road.

Um, I'm here to talk about what I normally talk about. Um, every person working in the town of Webster should be able to afford a place to live in the town of Webster. I saw that the parks and wreck uh division of your outfit had posted a help wanted ad on the on Facebook for $1,550 an hour. And that's, you know, talk about Maxwell apartment uh studio apartment with a roommate. Um, and I was assured by the fellow commenters on that post that it would be a uh 17-year-old that, you know, definitely doesn't need to be able to pay his own way in this world, potentially save for a family or save for themselves, have enough space to walk in a circle in their apartment.

And you know, it's just sad that the person working for the town most likely will not be able to live in that town. And uh that that's basically what I have to say. >> Thanks, Christopher. >> Yeah, >> appreciate it. >> Well, did it the spirit move anybody that they want to take the podium for the open to the public for five minutes? Anybody behind the the beam of mine? There's that. Okay, we will move on to the next item tonight. Um, which is a consideration of some board meeting minutes for approval. Uh, Denine, once again, I'm a broken record. Thank you for getting them to us in short order.

>> This was from two weeks ago. I've reviewed them. I I'm going to make a motion to approve the town board workshop meetings from September 18th. >> Second. Supervisor Flity. >> I. Councilwoman Wyn, >> I. >> Councilwoman Cataldi, >> I. >> Counciloman Cahill, >> I. >> Councilwoman Wright, >> I. >> And I also reviewed the regular town board meeting from September 18th and make a motion we approve those minutes. >> Second. >> Supervisor Flity. >> I, >> Councilwoman Cataly, >> I. >> Councilman Cahill, >> I. >> Councilwoman Wyn, >> I. Councilwoman Wright I >> uh Patty >> Jennifer >> and I have reviewed all of the bills and signed each one of them one at a time and hopefully next year we'll be able to do that digitally.

>> Um but they are in order and I move to approve the bills as submitted by the director of finance. >> Second. >> Councilwoman Wright I. Councilman Cahill. >> I, >> Supervisor Flity, >> I. >> Councilwoman Cataly, >> I. >> Councilwoman W. >> I, >> and I've reviewed the prepaid warrants as submitted by Paul Adams, the director of finance. Make a motion we approve those. >> Second. >> Supervisor Flity. >> I, >> Councilman Cahill, >> I. >> Councilwoman Cataly, >> I. >> Councilwoman Wyn, >> I. >> Councilwoman Wright, >> I. And I've reviewed the purchase orders as submitted by Paul Adams, director of finance, and make a motion we approve those.

>> Second. >> Supervisor Flity, >> I. >> Councilwoman Cotel, >> I. >> Councilman Cahill, >> I. >> Councilwoman Wyn, >> I. >> Councilwoman Wright, >> I. >> Well, the next uh resolution item makes up about 95% of the paper in our packets tonight. Uh yeah. What are you going to do? You killed a tree. Sorry. Um this is consideration of a issuance of an industrial use permit and special use permit for kennel associated with the construction of a multi-tenant complex at 638 Basket Road. Tax ID number 066.03-1-9.11. Now that's not my motion. I don't know, Josh, if you want to explain it or should the applicant.

Uh, I know we've got the paperwork that shows support for it from key people. So, sure. Um, this is a project that started out approximately six or seven months ago here before this board who then referred it on to planning for the site plan review process. Uh it did appear before the planning and zoning boards and received all of uh the respective approvals. And now they're here tonight for the final step of obtaining an industrial use permit and a special use permit associated with a doggy daycare component of the project. >> Okay. Any questions or comments from the board? >> Yeah, I'm just curious about the We've been talking a lot about kennels for the last year.

couple years. Um, could you just explain briefly the doggy daycare, how that works? >> You if you wouldn't mind taking that. Thanks. >> Yeah, go for it. >> Hi. All right. So, basically, it'll be a dog boarding uh will be at one building and then the daycare for the dogs will be from 6:00 to 6:00. It can hold from should be I'm expecting like 50 dogs, but it'll be the top half will be the small dogs and they'll be separated from small and large. There's outdoor access. Uh it'll be fenced in and blocked so people can't see the dogs. The dogs can't see anything to bark at. >> Will the dogs be separated so they can't see one another?

So, u the dogs in a in a daycare for the dogs, it's usually all playful puppy type dogs that just kind of play together. And if the dogs don't play together, they don't really fit with our >> Okay. group. >> So, >> now did I hear you mention that it's like a boarding? >> So, people that go on vacation, stuff like that, have nowhere to put their dog. So, there's a building that I'll take care of them at night. Um, basically they could stay for days, few days or whatever. >> Okay. >> They get let out and uh they have an whole outside area to play as well during the day. At night they're in their own suites.

>> So they they are separated by dog overnights. Correct. >> Yeah. Overnights they're not all together. No, they're separated to their own little sweets. So, >> do you have like a civilian um monitors so that the owner can watch, you know, the dogs while they're away? >> That's a very good idea. Yeah, I do actually plan on putting those in. Uh it's uh people like that. >> What about special dogs? Cuz I know like my dog, he have a you know, he have a back surgery, so he need a special care, but he's okay. I mean, he running and he playing, but you just have to be watch him careful. Do you do you take those kind of dog or do you just like you know it's a limit?

>> Oh if if I I think I take those dogs. Yes, I believe so. >> Whoever wants to pay, he'll take >> Right. >> Well, >> if your dog's like the other ones and they're he's with the group. >> He's a wonderful dog. >> Yeah, sure. I'll gladly take your dog. The only other question and I think I know the answer to this question before I ask it, but are you subject to the A and markets regulations regarding kennels? >> Yeah, that that question came up I think during planning board and I think Josh you followed up on that and we are out of the ad community at this parcel. >> You're what? >> Outside of the a community for this parcel?

No, I I that was a separate issue um that I I think Councilman Cah's question is a little different. The operation of the doggy daycare, will it require any licensing from the state to comply with state agen markets requirements like there are for other dog holding facilities? >> Not that I'm aware of. Um but if there is, I can get those. Yeah, because I I I know that if you're a municipality and you were going to have a kennel because we recover dogs that are strays and whatnot, there's a significant amount of regulations that we would need to comply with. Um, regarding that, >> but I don't think I I don't want to say I know, but because I don't, that's why I asked the question.

>> I don't know if that was something you looked into or talking about kennels for um like you said stray dogs and stuff like that, >> right? >> So that I feel like that's a little different, but you're right. I'm not absolutely sure. >> Okay. >> I I had a feeling where you were going because you're looking for overflow doggy daycare for stray dogs. I have a sneaking suspicion that the regulations for a dog boarding or a doggy daycare are drastically different than a um stray dog facility that's managed by a municipality. But again, I >> but that would be up to >> for sure >> that would that be up to a private owner if he's willing to board dogs from the town of Webster?

>> I council K I'd have to research the issue. I I suspect that the regulations that you're referring to relative to the municipality do not apply to a private business, but I taking it a step further where you're going with this. I think that if the town wanted to contract with a third party that might then bring them into that universe where the the facility has to comply with those laws, but I I'm happy to research that and get an answer for you. >> That'd be great. Okay. >> But I agree with what you're saying. It probably they probably would. You don't want to see those regulations. Those are all the questions I had.

>> All right. Um, well, if there's no other questions or comments, I make a motion for to issue an industrial use permit and special use permit for a kennel associated with the construction of a multi-tenant complex at 633 Basket Road. Tax ID number 066.03-1-9. 903-1-9.11. >> Second. >> Supervisor Flity. >> I, >> Councilman Cahill, >> I. >> Councilman Councilwoman Cataly, >> I. >> Councilwoman Wyn, >> I. >> Councilwoman Wright, >> I. >> All right. The next one, if you have one of the agendas, got a big highlighted table on it. Um, and this, uh, this is kind of my broken record tonight. I keep saying that board meetings are like chapters in books.

Um, this Sandbar Park food, drink, entertainment issue, I would say tonight is chapter 26 in a book that'll probably end up being 30 chapters. The first 25 chapters of that book from town board meetings and workshops span the last six years. And it's quite a saga. Um, the most recent chapter of that book was on September 18th when Chris Bo, our parks and recck commissioner, was in here and presented um a possibility to put food and drink and entertainment at Sandbar Park uh as as soon as next summer through uh storage containers that have kind of become the rage. Um, at that time during the workshop presentation, uh, the board had some lively Q&A and Councilman Kale said, "Look, you know, um, I need to know how much this is going to cost to engineer and design because there was estimates of 10 to 15,000." Uh, so we left that board meeting and I met with Paul Adams, our finance director.

I met with Chris Bo. Um, and when we looked at going and getting one of these container manufacturers to do that, um, so we could come back to the board tonight and do a 10 to 15,000 engineering. Paul pointed out, well, that that's against our procurement policy. We would be siding with one manufacturer. So, we said, well, really, why don't we do this? Why don't we just go and without spending money, we go out and put out a solicitation of bids today um and see what comes in from these container places. Now, we try to post in the Webster Herald 8 days before these meetings. So, we sent to the Webster Herald on Tuesday, uh, September 23rd, um, the resolution, you see, um, and it got into the September 24th, Wednesday edition.

Now, in the subsequent meetings, uh, from between then and right up till yesterday, or I'm sorry, Tuesday, all of a sudden, we're like, well, we get Keith Mortimer, our town engineer. He's like, well, what are what's the bid package? Is it one bid package to the to the manufacturer because they're also going to install and hook up to utilities or do we do two bid packages where one is to obtain the containers and another one to an electrician or a plumber or whatever to hook it up. Not really sure. Then Keith, our engineer said, "What kind of things do you want in the inards of this drink one and this food one?" And Chris and I said, "Well, you know what we should do?

We should go back to the 10 to 12 restaurant tours who showed interest in running a restaurant down there the last four years and we'll ask them, hey, if you were ever going to run food and drink out of these containers, what would you need? Like as far as a cooler size, a commercial, whatever. And as we're having those meetings, we're like, oh my god, we are way too premature to do this resolution tonight. So last Tuesday night, we went on to our digital agendas, which is uh on the town website and social media platforms, and we put the big yellow tabled on it. So, if I just gave you TMI, I apologize, but that is the reason why we are tableabling this because we need to get some more information so we can come back on the 16th or November 6th with a more thought out global, if you want to call it, uh, resolution to solicit bids that also has inards of these things in the bid that are what the usual suspects who would run the restaurant and bar on these things would want.

Does the board have any questions or comments before I make a motion to table this? >> I do not. I would suggest that we would just, you know, um table it permanently until the next um supervisor or you know and the board come in and decide what to do with this because I have been called and email that people they happy the way sandbar park the way it is and they want us to leave it alone. We cannot replica replicate the Bayside. I know everybody say we want a restaurant down there, but that's not true. If you speak with the majority people, they don't want it um a restaurant down there. And for us to like spending money, you know, for studying and everything, even though it's only 10, $20,000, to me is still taxpayer money and we should just hold off permanently until the next administration, the next supervisor decide what to do with it.

>> Thank you. >> That's how I feel. >> Actually, Jenny articulated a lot of that at the September 18th uh workshop. Um, you know, one thing I would say is that the the $20,000 that we sp I don't think we're spending any money. We're trying to strategize this where we would put it out to bid, there is no money spent by that. We would get the bids back to see what is this going to cost to buy these and to install them. Um, so I don't we're not spending any $20,000 or engineering design. I think something got lost there maybe between September 18th and this one. Jenny, I'm not disagreeing with you, but I would say this right now.

The motion that I'm making is to table this um not to table this or put it off indefinitely, but to table it for the reasons that I've already articulated to everybody here in the room. So, any other questions or comments? >> No, I've received comments on this as well. I've received calls on this topic. Um, and it's interesting, Jenny, we're getting different feedback because I'm getting feedback that there is a desire for a restaurant down there. There may not be a desire for container trendy restaurant down there, but there is a desire for a restaurant down there. Um, some somewhere somehow we have to see and find out if there's a way to have a happy medium.

I know there's challenges with a brickandmortar building due to cost. So there is there's more to this there there's more to Sandbar Park and there's more to this situation fine tableabling it. Um and I don't know what the answer is. I don't know if the answer is do nothing. I don't know if the answer is a container or I don't know if the answer is a brick and mortar building. But, um, I guess we'll see as we move this forward. And Tom, to your point, getting a bid is not a bad thing cuz that at least we would have an understanding of what it would cost. The presumption is it might have been 350,000.

It might be whatever. It can come back to be a a million dollars and nobody's going to want to spend a million dollars on a container. But you can't make that decision without having the information. So the first step is getting the information I presume engaging with the public even if it's not formally informally and then we'll decide how to move forward as a board whether it's this configuration or the next configuration. >> Jennifer, I I completely agree with you that I do think we should continue to explore it without making any decisions. Certainly, if we're not expending any money to do that, I don't know why we wouldn't.

But the one thing I would disagree with you on is I don't think I think we've gone down the road already of a brickandmortar building. And I think what we found with that was that with DEC regulations, trying to build something down there became just cost prohibitive because of pilings and everything else that needed to be done. It's a very sensitive area when it comes to building because there's not much land there. And um I I think that certainly the reason this was brought forth with containers is that it could possibly create a venue, a a a a way to serve food without that brick and mortar and without that tremendous expense that would be borne either by the town or whoever their partner would be.

And we saw that we tried that. We went down that road and we just couldn't make it happen. Um, so this might be the answer. I don't know. And and it's interesting when we talk about different people talking to, you know, some members of public will call one or one of us or someone else. Um, I I don't think we can say the majority of people don't want it because there are 45,000 people in this town. And I I don't know if if 23 have 23,000 have contacted you, but some have contacted Jennifer. I've heard from a couple. Um I the motion on the table right now is the motion to us right now is to table this and I would second that.

Okay. And like I said earlier, uh it's a six-year interesting story. 26 chapters of a 30page or 30 chapter book happened before this. I'm going to spare you the cliff's notes that aged me of the first 26 chapters over the last 6 years. Um, but for tonight, I'm going to make a motion to table the solicitation of bids for storage containers at Sandbar Park for food, drink, entertainment, um, until a future board meeting. >> And I have seconded that. >> Supervisor Flity, >> I. >> Councilwoman Cataldi, >> I. >> Councilman Cahill, >> I. >> Councilwoman Wyn, >> I, >> Councilwoman Wright, >> I. Um the next uh item um I don't know uh Paul you might be best to comment on this um because this goes back to the ashbor uh trees and the park districts and all that and Birchest and the bid that we put out.

Um and this extension in in a lot of ways we have no idea how much we will spend in that 15month period because we don't know how many identified trees will be cut down or canopied. >> Correct. What was it maybe 3 years ago we went out to bid? >> Yes. >> And Birchestrass won the bid. I think actually they were the only respondent. >> They were. If the price is based on size of the tree. >> Yeah. Canopy or cut down to the ground. I mean, at least those prices are set per tree. >> You don't know how many trees? >> We don't. >> So, they've agreed to hold the price >> for another year over a year.

>> And is there Go ahead. >> Is there a not to exceed amount? Is this 50 20 29,000 is based on 58 trees? You're saying we have no idea how many trees there are. So we really don't know the extension cost will be correct. >> Correct. >> Yeah. >> The the extension is is for the term of the contract. The in the original contract the specific scope section A at this point that service has been completed. Yeah. >> It's just an extension of the unit price in section B. That that's really what's going to continue on during the duration uh through >> Sure. I I get that. >> December 31st. Yeah. >> And Okay.

So my question on I think which would speak to your question Councilman Cahill is do we contact them when we become aware of trees that need to become need to come down. >> Yeah by the parks department. >> Okay. So that we have a way of controlling it. They're not driving around town saying, "Oh, let's take that tree down." Well, I get that, but we don't have any idea right now >> of what that cost may or may not be because it's not identified in the extension of this contract. That's that's my issue. >> Correct. It shouldn't be as bad as it's been for the past three years because many trees have been taken down, >> right?

>> It's still okay. Who did the survey come up on a fairly >> on the original contract to come up with how many trees there were? Well, >> I suppose It identifies 58 park district. >> Yeah, that was Chris Bo and Glenn Morurell and their staff along with the highway department. Josh, I think your department. It was a there was a lot of town resources. The community was called in. We opened up a portal to tell us what trees we had to go out and it was a pretty robust process cuz people said this tree, we went out said, "Sorry, that's on your land. That's that's on you." Um, that's how we went about it.

We're looking at something from about four years ago and um, like you said, we got one bid. >> I will say that, you know, from everything I've heard, you know, the first year was the most. >> Correct. >> And then there's been, you know, a trickle. I I want to say a trickle, but it's certainly subsided and gone down. Um, so I don't know if you do the math and you you know, what do they say in stocks? past performance doesn't dictate indicate what the future's going to be, but I don't think we're going to have any fear of exceeding 30,000. And to Councilwoman uh Catali's point, they don't drive around and say, "Hey, let's drive this thing up and cut every tree down in town." I charge them $100,000 to requisition it.

I also think when we look at the previous quote and the trees that that were um inventoried, if you will, let's not forget that three or four years ago we were dealing with all the dead ash trees. >> That's exactly what >> and that was Yeah. >> Yeah. >> Yeah. I I would just like to see it not to exceed cost on these. That's that's just my personal opinion. >> Understood. Um any other comments or questions? >> No. >> All right. I know and I don't want to Kyle I know you're not a big fan of the not to exceed are you uh either this is the cost of the contract or whatever and I don't want to put you in a spot but um I don't know >> well I I understand Council Mah's point about not to exceed in this situation I I think that um you know the the point that Councilman Cataly raised where we are really directing them to perform a service so it's we control of the cost.

Um, but I I don't know if if there's an ability to provide an estimate, right? How many do we anticipate that they're going to come? Because we'd have to have that information to develop some not to exceed. >> I totally understand where you're coming from. And without a cost to exceed, we're essentially just bills for the services. And I have I have a problem. Well, the good news is here is that I think and I want to I think Birchcraft to some extent doing us a solid because in age of inflation the last 5 years whatever we are still getting the same cost per tree that they bid in 2021 and they're you know I don't want that to go unspoken here.

I know in the spring when the trees all bud in April and May, that is when we are told by the community, by the parks department, by the whatever, hey, here's trees, and I can't stress this enough, that are on town land that need to be cut down because they are an imminent threat to fall onto private land. We don't go into town owned land, you know, a 100 yards in and say there's a dead tree there and cut it down because if it falls, who cares? It's just fallen. So, um, I just want to make sure everybody understands the the scope of what could come up in the next 15 months. Um, certainly we can make an ear.

I know you keep great books, Paul, and you know exactly per line items on the appropriations and contracts. If you all of a sudden in June or July next year like, "Hey, geez, the parks department just requisition that we go to Birch Crest again and we're hitting $28,000." You would make us know. >> Yeah. >> Okay. >> Can also just use the numbers from last time. There's 193 trees on here. add it up and it's $81,000 or $83,000 and say not to exceed $83,000 understanding that this was four years ago and there's many less trees right now. So, the probability of going over that was low. That puts a parameter around it and Paul will be our our person who inspects and make sure we stay in those guide rails.

>> And I would have no problem with that. Well, you know what? Uh, Councilman Cahill or Councilwoman, uh, uh, Wright, would you please make the motion the way you want it? Uh, motion. I'll move the for the supervisor to sign a contract addendum with Birch Crest Tree and Landscape Incorporated for tree removal services that would extend from October 3rd, 2025 through December 31st, not to exceed $82,000. >> Second. >> Councilwoman Wright >> I. Councilman Cahill, >> I. >> Supervisor Flareity, >> I. >> Councilwoman Cataly, >> I. >> Councilwoman Wyn, >> I. >> All right, Patty, you're up. >> I would move that we approve the um items that are listed here.

There are 11 of them uh for recycling from the sewer department. >> Second. >> Nope. >> Councilwoman Katali, >> I. >> Supervisor Flity, >> I. >> Councilman Cahill, >> hi. Councilman Wen I. >> Councilwoman Wright I. >> Jennifer, you're up. >> I move to approve the following item for recycling from the assessor's office. It's an HP laser jet printer tag number 3209. Second. >> Councilwoman Wright I. >> Councilwoman W. >> I. >> Supervisor Flity. >> I. >> Councilwoman Cataly. >> Counciloman Cahill. I >> and I on the last resolution of the night, I make a motion to approve the following for recycling from the engineering community development department at desk tag number 03329.

>> Second. >> Supervisor Flity >> I. >> Counciloman Cahill >> I. >> Councilwoman Cataldi >> I. >> Councilwoman W. I >> Councilwoman Wright >> I. >> Kyle, do you want to get home and watch the baseball game? >> I I'll defer to Councilman Cahill. >> Yes. Yes, >> I heard a yes.

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