RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WEBSTER, MONROE COUNTY, NEW YORK PURSUANT TO SECTION 202-b OF THE TOWN LAW DETERMINING THAT IT IS IN THE PUBLIC INTEREST TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN OF WEBSTER CONSOLIDATED SEWER DISTRICT CONSISTING OF THE WATER POLLUTION CONTROL FACILITY ASSET RENEWAL PROJECT AND WATER RESOURCE RECOVERY FACILITY IMPROVEMENTS WHEREAS, by Resolution No. 259 of 2021 adopted on September 16, 2021, the Town Board of the Town of Webster, Monroe County, New York (the “Town”), adopted an order determining that it was in the Town’s public interest to authorize certain improvements to the Town of Webster Consolidated Sewer District that encompasses the Town of Webster (the “Town”) exclusive of the Village of Webster (the “District”), such improvements consisting of the Water Pollution Control Facility Asset Renewal Project and Water Resource Recovery Facility Improvements, as set forth and described in a certain engineering report as prepared by Barton & Loguidice (the “Engineer”), dated July 2021, and on file in the office of the Town Clerk (the “Project”), at an estimated maximum cost of $30,998,000, all in accordance with Section 202-b of the Town Law; and WHEREAS, prior thereto, by Resolution No. 249 of 2021 adopted on September 2, 2021, the Town Board determined pursuant to the State Environmental Quality Review Act and the regulations of the Department of Environmental Conservation promulgated thereunder (6 NYCRR Part 617.5(c)) (collectively, “SEQRA”), that the Project constitutes a “Type I” action under the New York State Environmental Quality Review Act and the regulations promulgated thereunder (6 NYCRR Part 617.5(c)) (collectively, “SEQRA”) and based on its coordinated review determined that the Project will result in no significant impacts and, therefore, (a) the action is not one which “may include the potential for at least one significant adverse environmental impact”, (b) “there will be no significant adverse environmental impacts”, (c) no “environmental impact statement” need be prepared, as such quoted terms are defined in SEQRA, and (d) such determination constitutes a negative declaration for purposes of SEQRA; and WHEREAS, by Resolution dated September 16, 2021, the Town Board adopted a Bond Resolution authorizing the issuance of up to $30,998,000 in serial bonds of the Town to finance the Project (the “Original Bond Resolution”); and WHEREAS, in 2022, the Engineer informed the Town that due to a significant rise in the costs of materials and labor, the estimated maximum cost of the Project shall need to be increased by $13,342,000 to a total of $44,340,000, all as is more particularly described in a certain report prepared by Engineer entitled “Basis of Design Report – Walter W. Bradley Water Pollution Control Facility Improvements Project – Phase 2”, dated July 2022, said report being on file and available for review at the Town Clerk’s Office; and WHEREAS, by Resolution No. 263 of 2022 adopted on September 8, 2022, immediately following a Public Hearing, the Town Board adopted an order determining that it was in the 1 202-b Resolution
Town’s public interest to undertake the Project at the increased maximum cost of $44,340,000; and WHEREAS, by Resolution No. 264 of 2022, its Amendatory Bond Resolution adopted on September 8, 2022 (the “2022 Amending Bond Resolution”), the Town Board amended and restated the Original Bond Resolution in its entirety so as to (i) increase the maximum estimated cost of the Project from $30,998,000 to $44,340,000; (ii) appropriate said increased amount; (iii) increase the amount of bonds authorized thereunder to finance the cost of the Project from $30,998,000 to $44,340,000; and (iv) restate the plan of finance set forth therein; and WHEREAS, after the adoption of the 2022 Amending Resolution, there were some additional revisions to the Project and, along with a significant rise in the costs of materials and labor, the estimated maximum cost of the Project needed to be increased by $37,160,000 to a total of $81,500,000, all as is more particularly described in a certain report prepared by Engineer entitled “Preliminary Engineering Report Addendum #2 – Webster Water Resource Recovery Facility Improvements Project”, dated June 2023, said report being on file and available for review at the Town Clerk’s Office; and WHEREAS, by Resolution No. 253 of 2023, adopted on July 20, 2023, the Town Board adopted a SEQR Resolution in connection with such additional revisions to the Project and determined that the Project, as revised, constitutes a “Type I” action under SEQRA, and based on its coordinated review determined that the Project, as revised, will result in no significant impacts and, therefore, (a) the action is not one which “may include the potential for at least one significant adverse environmental impact”, (b) “there will be no significant adverse environmental impacts”, (c) no “environmental impact statement” need be prepared, as such quoted terms are defined in SEQRA, and (d) such determination constitutes a negative declaration for purposes of SEQRA; and WHEREAS, by Resolution No. 263 of 2023 adopted on July 27, 2023, immediately following a Public Hearing, the Town Board adopted an order determining that it was in the Town’s public interest to undertake the Project at the increased maximum cost of $81,500,000; and WHEREAS, by Resolution No. 264 of 2023, an Amendatory Bond Resolution adopted on July 27, 2023 (the “2023 Amending Bond Resolution”), the Town Board amended and restated the Original Bond Resolution in its entirety so as to (i) increase the maximum estimated cost of the Project from $44,340,000 to $81,500,000; (ii) appropriate said increased amount; (iii) increase the amount of bonds authorized thereunder to finance the cost of the Project from $44,340,000 to $81,500,000; and (iv) restate the plan of finance set forth therein; and WHEREAS, the Town has now learned that, due to increases in certain construction related costs and the receipt of additional grants for the Project, the estimated maximum cost of the Project has increased from $81,500,000 to $87,300,000, all as further described in an amended engineering report prepared by the Engineer and on file with the Town Clerk; and
2 202-b Resolution
WHEREAS, by Resolution No. 256 of 2024 adopted on August 15, 2024, a Public Hearing was called to be held on September 5, 2024 at 7:35 p.m. at the Town of Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York 14580, to consider whether it was in the public interest to increase the estimated maximum cost of the Project by $5,800,000 to a total of $87,300,000, and to hear all persons interested in the subject matter thereof; and WHEREAS, notice of said Public Hearing certified by the Town Clerk was duly published and posted as required by law, to wit: a duly certified copy thereof was published in the Webster Herald, the official newspaper of the Town, on August 21, 2024 and a copy of such notice was posted on August 21, 2024 on the signboard maintained by the Town Clerk, and on the Town’s website, pursuant to Town Law Section 30(6); and WHEREAS, said Public Hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard: NOW THEREFORE, THE TOWN BOARD OF THE TOWN OF WEBSTER, MONROE COUNTY, NEW YORK HEREBY RESOLVES, AS FOLLOWS: SECTION 1. Based in part upon the evidence given at the aforesaid Public Hearing, it is hereby found and determined that it is in the public interest to undertake the Project as hereinabove described at the estimated maximum cost of $87,300,000. The Town is hereby authorized to undertake the Project at such estimated maximum cost. SECTION 2. The Town Clerk is hereby authorized and directed to cause a certified copy of this Resolution to be duly recorded in the office of the County Clerk, County of Monroe, New York within ten (10) days after the adoption hereof, in accordance with Section 195 of the Town Law. SECTION 3. This Resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: AYES:
NAYS:
Tom Flaherty, Town Supervisor Patricia Cataldi, Deputy Supervisor Jennifer Wright John Cahill Ginny Nguyen The resolution was thereupon declared duly adopted by a vote of ____ ayes and ____ nays. Dated: September 5, 2024
3 202-b Resolution
STATE OF NEW YORK ) COUNTY OF MONROE ) ss.: I, the undersigned Town Clerk of the Town of Webster, Monroe County, New York (the “Town”), DO HEREBY CERTIFY as follows: 1. I am the duly qualified and acting Town Clerk of the Town and the custodian of the records of the Town, including the minutes of the proceedings of the Town Board of the Town (the “Town Board”), and am duly authorized to execute this certificate. 2. A regular meeting of the Town Board of the Town was held on September 5, 2024, and attached hereto is a true and correct copy of a resolution duly adopted at such meeting and entitled: RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WEBSTER, MONROE COUNTY, NEW YORK PURSUANT TO SECTION 202-b OF THE TOWN LAW DETERMINING THAT IT IS IN THE PUBLIC INTEREST TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE TOWN OF WEBSTER CONSOLIDATED SEWER DISTRICT CONSISTING OF THE WATER POLLUTION CONTROL FACILITY ASSET RENEWAL PROJECT AND WATER RESOURCE RECOVERY FACILITY IMPROVEMENTS 3. That said meeting was duly convened and held and that said resolution was duly adopted in all respects in accordance with the law and regulations of the Town. To the extent required by law or said regulations, due and proper notice of said meeting was given, and that all members of said Board had due notice of said Meeting and voted in the proper manner for the adoption of the resolution. All other requirements and proceedings under the law, said regulations, or otherwise, incident to said meeting and the adoption of the resolution, including the publication, if required by law, have been duly fulfilled, carried out and otherwise observed. 4. The seal appearing below constitutes the official seal of the Town and was duly affixed by the undersigned at the time this certificate was signed. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the Town of Webster this 5th day of September, 2024. TOWN OF WEBSTER
Danene Marr, Town Clerk [SEAL]
Certification Page