Town Board Workshop
Town Board Minutes 2024.02.22

Minutes

February 22, 2024 · 42 min read · extracted text · View original

Webster Town Board

February 22, 2024

A workshop meeting of the Webster Town Board was called to order by Supervisor Flaherty at

5:30 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

Town Attorney ........................................................................... Charles J. Genese

Town Clerk ........................................................................... Dorothy M. Maguire

Department Heads Present:

Communications Director .............................................................. Bridget Harvey

Finance Director.................................................................................. Paul Adams

Deputy Commissioner of Public Works-Sewer ................................... Art Petrone

***

The Town Board was presented with a proposed Resolution to pass a Local Law repealing

Chapter 103 of the Town Code. After much discussion the Town Board considered the

Resolution.

Resolution No. 101: MOTION by Councilman Cahill, seconded by Councilwoman Wright, to

enact a new Local Law to repeal the existing Chapter 103 of the Webster Town Code (Aircraft,

Airports and Heliports).

WHEREAS, the Town Board has the authority pursuant to Article 2 of the New York State

Municipal Home Rule Law, to adopt and amend local laws, consistent with the N.Y.S.

Constitution and general State laws, in relation to the conduct, safety and well-being of persons

or property within the Town of Webster; and

WHEREAS, it is both in the public interest and required by law that a Public Hearing be held

to consider the proposed repeal of Chapter 103 of the Webster Town Code to the Webster Town

Code; and

WHEREAS, a Notice of Public Hearing was published in the Webster Herald on January 24,

2024, and posted on the Town Website and the Town Bulletin Board at 1000 Ridge Road,

Webster, New York; and

WHEREAS, the Public Hearing on the proposed new Local Law was held by the Webster Town

Board on February 1, 2024, at 7:30 p.m., and all interested persons having had an opportunity to

be heard at the Public Hearing; and

WHEREAS, a short form Environmental Assessment Form (EAF) for the proposed action has

been prepared, and has been submitted to the Town Board and reviewed by the Town Board; and

WHEREAS, it is in the public interest to enact the aforesaid Local Law:

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NOW, THEREFORE, BE IT RESOLVED:

1. That the Town Board hereby determines that based upon the information in the EAF and

other available information, the proposed action is designated a TYPE II action under the

New York State Environmental Quality Review Act (SEQRA), as it will not have a

significant effect on the environment within the meaning of SEQRA, and involves official

acts of a ministerial nature involving no exercise of discretion and routine or continuing

agency administration and management, and does not require the preparation of an

environmental impact statement.

2. That a Local Law be adopted to set forth the effect of Code changes by amending a certain

chapter and sections of the Webster Town Code, and adding a new chapter thereto, such

Local Law to be designated as:

LOCAL LAW NO. 1 OF 2024

Items stricken through to be repealed.

Town of Webster Local Law No. 1 of the year 2024

A local law repealing, in its entirety, Chapter 103 of the Webster Town Code:

Chapter 103 Aircraft, Airports and Heliports

Article I General Provisions

§ 103-1 Title.

§ 103-2 Legislative authority.

§ 103-3 Legislative intent.

§ 103-4 Operation of private aircraft restricted.

§ 103-5 Private airports and heliports prohibited.

§ 103-6 Definitions.

§ 103-7 Applicability.

§ 103-8 Exemptions.

Article II Administration and Enforcement

§ 103-9 Enforcement; penalties for offenses.

§ 103-10 Severability.

§ 103-11 When effective.

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Article I General Provisions

§ 103-1 Title.

This chapter shall be known and may be cited as the "Operation of Helicopters and Other

Aircraft, Private".

§ 103-2 Legislative authority.

The Town Board of the Town of Webster, Monroe County, New York, acting under the authority

of the Town Law of the State of New York, hereby adopts and enacts this chapter as its Private

Airport/Heliport Local Law.

§ 103-3 Legislative intent.

The purpose of this chapter is to address the operation of private airports and heliports and the

operation of private aircraft in the Town of Webster and to provide for the protection of the

health, safety, and welfare of the residents of the Town.

§ 103-4 Operation of private aircraft restricted.

Except as provided otherwise in this chapter, no private airplanes, private helicopters, private

balloons, private hang-gliders, or private rotorcraft of any kind shall be permitted to take off or

land or discharge or take on passengers within the boundaries of the Town of Webster.

§ 103-5 Private airports and heliports prohibited.

No private heliport or airport will be permitted to be built within the boundaries of the Town of

Webster.

§ 103-6 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AIRCRAFT

A device that is used or intended to be used for flight in the air. For the purposes of

this chapter, "aircraft" does not include model aircraft, rockets or balloons, with a maximum

gross takeoff weight, including fuel, of 55 pounds, or kites.

AIRPLANE

An engine-driven fixed-wing aircraft heavier than air that is supported in flight by

the dynamic reaction of the air against its wings.

AIRPORT

An area of land or water that is used or intended to be used for the landing and/or

takeoff of aircraft, and includes its buildings and facilities, if any.

BALLOON

A lighter-than-air aircraft that is not engine driven and that sustains flight through

the use of either gas buoyancy or an airborne heater.

GLIDER

A heavier-than-air aircraft that is supported in flight by the dynamic reaction of the air

against its lifting surfaces and whose free flight does not depend principally on an engine.

HELICOPTER

A rotorcraft that, for its horizontal motion, depends principally on its enginedriven rotors.

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HELIPORT

An area of land, water, or a structure used or intended to be used for the landing

and/or takeoff of helicopters.

KITE

A framework, covered with paper, cloth, metal or other material, intended to be flown at

the end of a rope or cable, and having as its only support the force of the wind moving past its

surfaces.

LIGHTER-THAN-AIR AIRCRAFT

An aircraft that can rise and remain suspended by using

contained gas weighing less than the air that is displaced by the gas.

NYSDOT

New York State Department of Transportation.

OBSTRUCTION

As defined in Subpart C of Part 77 of Title 14 of the US Code of Federal

Regulation (14 CFR 77 Subpart C, Obstruction Standards).

ROTORCRAFT

A heavier-than-air aircraft that depends principally for its support in flight on

the lift generated by one or more rotors.

TOWN BOARD

The Town Board of the Town of Webster.

ULTRALIGHT AIRCRAFT

An aircraft that:

A. Is used or intended to be used for manned operation in the air by a single occupant;

B. Is used or intended to be used for recreation or sport purposes only;

C. Does not have any US or foreign airworthiness certificate; and

D. If unpowered, weighs less than 155 pounds; or

E. If powered:

(1) Weighs less than 254 pounds empty weight, excluding floats and safety devices which

are intended for deployment in a potentially catastrophic situation;

(2) Has a fuel capacity not exceeding five US gallons;

(3) Is not capable of more than 55 knots calibrated airspeed at full power in level flight; and

(4) Has a power-off stall speed which does not exceed 24 knots calibrated airspeed.

§ 103-7 Applicability.

A. No aircraft shall land upon or take off from any place within the Town of Webster, except

under the circumstances as set forth herein. This prohibition shall not apply to the landing of

ultralight aircraft or the airports solely servicing such aircraft, nor to the landing of

emergency helicopters in the normal course of their duties or in the event that emergency

conditions exist in the Town as declared by the Town Board, the Supervisor of the Town or

his duly authorized agent, nor shall this prohibition apply to aircraft used for the limited

purpose of construction on approved construction projects in the Town as approved by the

Department of Public Works, with written notification to the Supervisor, Town Board, Chief

of Police and the appropriate Fire Department at least five days prior to the event occurring.

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B. No person, firm, company, corporation, or any other business entity shall establish or

operate, at any time, an airport or heliport within the Town of Webster.

§ 103-8 Exemptions.

The following are exempt from the application of this chapter:

A. Aircraft landing or taking off from airports owned and operated by the Town of Webster,

County of Monroe, State of New York, or the United States.

B. Any airport operated by the Town of Webster, County of Monroe, State of New York, or the

United States.

Article II Administration and Enforcement

§ 103-9 Enforcement; penalties for offenses.

A. Any violation of this chapter or of any order, requirement decision or determination issued

by the Commissioner of Public Works or his/her division head, agent or designee pursuant to

this chapter is hereby declared to be an offense punishable by a fine not exceeding $500 or

imprisonment for a period not to exceed six months, or both, upon conviction for a first

offense; upon conviction for a second offense, both of which offenses were committed within

a period of five years, punishable by a fine not less than $500 nor more than $700 or

imprisonment for a period not to exceed six months, or both; and upon a conviction for a

third or subsequent offense, all of which offenses were committed within a period of five

years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a

period not to exceed six months, or both. However, for the purpose of conferring jurisdiction

upon courts and judicial officers generally, violations of this chapter or any order,

requirement, decision or determination issued by the Commissioner of Public Works or

his/her division head, agent or designee pursuant to this chapter shall be deemed

misdemeanors, and for such purpose only all provisions of law relating to misdemeanors

shall apply to such violations. Each day (twenty-four-hour period) of violation shall

constitute a separate violation of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. In addition to the penalties provided above, the Town Board may also institute any

appropriate action or proceeding to prevent, correct or restrain any violation of this chapter.

§ 103-10 Severability.

Should any section, paragraph, sentence, clause, word, part or provision of this chapter be

declared void, invalid or unenforceable for any reason, such declaration shall not affect the

validity of any other part of this chapter which can be given effect without the part(s) declared

void, invalid or unenforceable.

§ 103-11 When effective.

This chapter shall take effect immediately upon completion of publication, posting and filing as

required by law.

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3. This Local law shall take effect immediately upon the appropriate filing as required by law.

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

Councilwoman Cataldi ..... Nay

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Nay

Councilwoman Wright……Aye

Motion carried ................. 3-2

***

Supervisor Flaherty announced a Public Hearing to consider a Bond Resolution in the amount of

$7,100,000.00 for certain improvements to the Town of Webster Consolidated Sewer District.

At 6:19 p.m. the Public Hearing was opened. The following people appeared before the Town

Board.

Michele Anderson, Webster Resident: I disapprove of adding an additional $7.1 million to the

tab for the fairlife® Plant. I was against it from the beginning and there's lots of reasons why I

won’t go into it here. I think it should have been decided before the Town approved it to be

constructed and it kind of seems like it's being snuck in. There's something else that I want to

bring to your attention. Some of you may know about it and some of you don't but it's called The

Great Taking by David Rogers Webb. There is video that he has produced himself online and

this is the free PDF you can print off. Given the times we live in, I would strongly suggest every

member of the Board and every member of the audience get it and read it and watch the video.

There's quite a history here. So based on that and what's happening now with the $7.1 million,

I'm just going to read a brief excerpt from the Chapter entitled Collateral Management. And it

states: “There would be an epic end point to the decades of seemingly out of control

financialization which served no beneficial purpose for humanity but the devastating effect of

which are apparent even now that has been a deliberate strategy and executed over decades. This

was the purpose of inflating the global bubble entirely out of proportion with any real-world

thing or activity which must end in disaster for so many with no pockets of resilience allowance

remain in any country”. And so again, I would ask as a constituent of yours that you please try to

find this and read it. It's very important. We are now in the middle of what this is and unless

people stand up and educate themselves there's no stopping it and the end is not pretty.

Sigrid Burns, Webster Resident: I came today just to urge you as a long-time member of Webster

to carefully consider the background of the Coca-Cola Plant. As you said we are novices at

building industries, and Coca-Cola I have heard has a bad reputation for pollution and that could

be either air pollution or sewage pollution. So, I would suggest that you find out from previous

members who have built things for Coca-Cola, whether or not they are realistic about their

estimated flow predictions and to make sure that your extensions of the building are adequate or

possibly could be extended if it was needed. And as I say, air pollution is another consideration. I

don't know anything about air, carbon or any of that but I do want to be sure that Coca-Cola

doesn't pollute the air in Webster.

Rick Storace, Webster Resident: I think everybody would agree that the Coca-Cola Corporation

is one of the richest corporations in the world, where the Town of Webster is not even the richest

town in Monroe County let alone in the State of New York. Seven million dollars that wasn't

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incorporated in the initial discussion, I don't know, doesn't make a lot of sense to me. I think they

knew what was going on, they are pretty smart people. They do not build a company that big

with that kind of money without knowing a few things. I'm concerned a little bit about the money

because we're paying for it, right? It's coming out of our pockets not their pocket. And yeah,

they may be bringing a lot of revenue to the Town and that would be a good thing but what about

the after effect. We already have a huge, I'm not going to call it a white elephant, let's call it a

brown elephant in the Xerox Campus. We're going to get another one, is that what's going to

happen here? I'll probably be gone but my daughter won't be, and her kids may not be. What are

we doing here? So, I think as representatives of the people that live in this community, it's the

duty of the Town Board to do due diligence and investigation and make sure that our futures are

not [inaudible]. That we don't get in another situation like we have with the Xerox Campus. I

scratch my head a little bit and don't understand why fairlife® didn't go in the Xerox Campus. I

know there's a lot of reasons. I'm sure they did a lot of investigation and I'm sure to be very, very

expensive to clean that area up. What does that say to us about what they want to do and how

much money they want to spend. Now I happen to be for fairlife® to come here because I know

it will bring jobs, and I know it will bring revenue to the community, but it's got to be the right

thing for the community. So, I think we need to really, really discuss this thing in a much deeper

basis, in a much deeper way, to make sure that the future of this beautiful Town is maintained.

Supervisor Flaherty conveyed to all in attendance and watching the meeting that the Town will

be reimbursed by fairlife® for the $7.1 million improvement to the Town of Webster

Consolidated Sewer District.

Ron Nesbitt, Webster Resident: I'm going to ask you, where is the legal binding agreement with

fairlife® to show the residents how much they are providing to the $7 million and what the

residents of Webster, not the Village, are contributing to the $7 million. Where's the legal

binding agreement resolution Mr. Flaherty that the Webster residents can see before you take this

resolution this evening because it's an irresponsible vote by the Board Members to do otherwise

if you don't have an agreement. I would like to know why the resolution for the $7,000,000 Bond

was not published on the Town's website 24 hours in advance as required by the law. Supervisor

Flaherty apparently doesn't believe in the rule of law as Jerry Goldman has already explained to

him. You see Mr. Goldman made sure the environmental application by fairlife® was put on the

website 24 hours in advance and he told Mr. Flaherty about that. Now the residents of Webster

are hoping the other four members of the Town Board and Town Attorney will make it right for

the residents of Webster to be able to read and understand these resolutions before a meeting as

required under law signed by the Governor back in November 21/22. And just for grins, the

Village Board posts all their stuff 24 hours in advance, but the Town of Webster can’t. It's not

good communication. It states in the Public Hearing Notice, certain improvements. What are

those improvements Mr. Flaherty? You couldn't define them for us? You couldn't let us know

what improvements we are doing? Also, in your July 19th, 2023 column, you stated “the end

result is that the EDU charge annually for the Webster residents will be $300.00 a year”, while

my charge on my January tax bill this year was $296.83 and you're going to bond another $7

million and you're going to tell me that my next January sewer bill will only be $300.00. That's

total hog wash. And you are not telling the truth to the Webster residents, and that's sad, because

you're going to break that $300.00 and you know it. And by the way, where are all these grants

the Town was going to receive for sewer and the highway garage to reduce the cost to the

taxpayer.

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The Public Hearing was closed at 6:44 p.m.

***

Resolution No. 102: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

determine that it is in the public interest to undertake certain improvements to be made to the

Town of Webster Consolidated Sewer District.

WHEREAS, the Town Board (the “Town Board”) of the Town of Webster, Monroe County,

New York (the “Town”) is considering authorizing certain improvements to the Town of

Webster Consolidated Sewer District that encompasses the Town of Webster, exclusive of the

Village of Webster (the “District”), consisting of sewer upgrades between Phillips Road to Tebor

Road (the “Project”), all as set forth and described in a certain engineering report as prepared by

Costich Engineering, Land Surveying & Landscape Architecture, DPC, dated January, 2024, and

on file in the office of the Town Clerk; at an estimated maximum cost of $7,220,000, including

the issuance of serial bonds and/or bond anticipation notes issued in anticipation of such serial

bonds in an amount not to exceed $7,100,000; and

WHEREAS, by Resolution No. 253 of 2023, adopted on July 20, 2023, the Town Board adopted

a SEQR resolution in connection with the Project and determined that the Project constitutes a

“Type I” action under 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 adopted on February 1, 2024 at a regular meeting of the Town Board

held on such date, the Town Board directed that a public hearing be held on whether to authorize

the Project, and to hear all persons interested in the subject matter thereof concerning the same

on February 22, 2024 at 5:30 p.m. at the Town of Webster Town Board Meeting Room, 1002

Ridge Road, Webster, New York 14580; and

WHEREAS, notice of said public hearing certified by the Town Clerk was duly published and

posted as required by law, to wit: a copy thereof was published in the Webster Herald, an official

newspaper of the Town, on February 7, 2024 and a copy of such notice was posted on the

signboard maintained by the Town Clerk on February 7, 2024, and on the Town’s website,

pursuant to Town Law Section 193; 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 $7,220,000, including the issuance of serial bonds

and/or bond anticipation notes issued in anticipation of such serial bonds in an amount not to

exceed $7,100,000. The Town is hereby authorized to undertake the Project at such estimated

maximum cost.

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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.

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Wright……Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

Motion carried ................. 5-0

***

Resolution No. 103: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

authorize the issuance of up to $7,100,000 in Serial Bonds of the Town to undertake certain

improvements to be made to the Town of Webster Consolidated Sewer District.

WHEREAS, the Town Board of the Town of Webster, Monroe County, New York (the “Issuer”

or the “Town”) is considering authorizing certain improvements to the Town of Webster

Consolidated Sewer District that encompasses the Town of Webster, exclusive of the Village of

Webster (the “District”), consisting of sewer upgrades between Phillips Road to Tebor Road (the

“Project”), all as set forth and described in a certain engineering report as prepared by Costich

Engineering, Land Surveying & Landscape Architecture, DPC, dated January, 2024, and on file

in the office of the Town Clerk; and

WHEREAS, by Resolution No. 253 of 2023, adopted on July 20, 2023, the Town Board adopted

a SEQR resolution in connection with the Project and determined that the Project constitutes a

“Type I” action under 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 adopted on February 22, 2024 immediately prior to the adoption of

this resolution, and in accordance with Section 202-b of the Town Law of the State of New

York, the Town Board determined it to be in the public interest to undertake the Project at an

estimated maximum cost of $7,220,000; and

WHEREAS, the Town Board now wishes to appropriate funds for the Project and to authorize

the issuance of the Town’s serial bonds or bond anticipation notes to finance said appropriation:

NOW, THEREFORE, THE TOWN BOARD OF THE TOWN OF WEBSTER, MONROE

COUNTY, NEW YORK HEREBY RESOLVES (by the affirmative vote of not less than

two-thirds of all the members of such body), AS FOLLOWS:

SECTION

1. The Town is hereby authorized to undertake the Project as hereinabove described

and issue up to $7,100,000 principal amount of serial bonds (including, without limitation,

statutory installment bonds), or bond anticipation notes in anticipation of such bonds pursuant to

the provisions of the Local Finance Law of the State of New York, constituting Chapter 33-a of

the Consolidated Laws of the State of New York (the “Law”) to finance the estimated cost of the

Project.

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SECTION

2. It is hereby determined that the maximum estimated cost of the aforementioned

specific object or purpose is $7,220,000, said amount is hereby appropriated therefor and the

plan for the financing thereof shall consist of (i) the issuance of the $7,100,000 in serial bonds of

the Town authorized to be issued pursuant to Section 1 of this resolution, or bond anticipation

notes issued in anticipation thereof, (ii) the application of $120,000 from the Town’s existing

Sewer Fund, (iii) the assessment, levy and collection of assessments or surcharges upon the

benefited properties within the District, and (iv) to the extent necessary, the levy and collection

of taxes on all the taxable real property in the Town to pay the principal of said bonds and the

interest thereon as the same shall become due and payable.

SECTION

3. It is hereby determined that the period of probable usefulness for the

aforementioned specific object or purpose is forty (40) years, pursuant to subdivision 4. of

paragraph a. of Section 11.00 of the Law.

SECTION

4. The final maturity of the bonds herein authorized to be issued pursuant to Section

1 of this resolution shall be in excess of five (5) years measured from the date of issuance of the

first serial bond or bond anticipation note issued.

SECTION

5. The temporary use of available funds of the Town, not immediately required for

the purpose or purposes for which the same were borrowed, raised or otherwise created, is

hereby authorized pursuant to Section 165.10 of the Law, for the capital purposes described in

this resolution. The Town shall reimburse such expenditures with the proceeds of the bonds or

bond anticipation notes authorized by Section 1 of this resolution. This resolution shall

constitute a declaration of “official intent” to reimburse the expenditures authorized by Section 1

hereof with the proceeds of the bonds and bond anticipation notes authorized herein, as required

by United States Treasury Regulations Section 1.150-2.

SECTION

6. Each of the serial bonds authorized by this resolution and any bond anticipation

notes issued in anticipation of said bonds shall contain the recital of validity prescribed by

Section 52.00 of the Law and said serial bonds and any bond anticipation notes issued in

anticipation of said bonds shall be general obligations of the Town, payable as to both principal

and interest by a general tax upon all the real property within the Town without legal or

constitutional limitation as to rate or amount. The faith and credit of the Town are hereby

irrevocably pledged to the punctual payment of the principal and interest on said serial bonds and

bond anticipation notes and provisions shall be made annually in the budget of the Town by

appropriation for (a) the amortization and redemption of the bonds and bond anticipation notes to

mature in such year and (b) the payment of interest to be due and payable in such year.

SECTION

7. Subject to the provisions of this resolution and of the Law, pursuant to the

provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation

notes or the renewals of said obligations and of Section 21.00, Section 50.00, Section 54.90,

Sections 56.00 through 60.00 and Sections 62.10 and 63.00 of the Law, the powers and duties of

the Town Board relative to authorizing serial bonds and bond anticipation notes and prescribing

terms, form and contents as to the sale and issuance of bonds herein authorized, including

without limitation the determination of whether to issue bonds having substantially level or

declining debt service and all matters relating thereto, and of any bond anticipation notes issued

in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby

delegated to the Supervisor of the Town, the chief fiscal officer of the Town (the “Supervisor”).

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Further, in connection with bonds and bond anticipation notes issued under the authority of

Section 1 hereof, the power to contract with and issue bonds and bond anticipation notes to the

New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Law and

to approve the terms, form and content of such bonds and bond anticipation notes, consistent

with the provisions of the Law, is hereby delegated to the Supervisor. Further, pursuant to

subdivision b. of Section 11.00 of the Law, in the event that bonds to be issued for the object or

purpose authorized by this resolution are combined for sale, pursuant to subdivision c. of Section

57.00 of the Law, with bonds to be issued for one or more objects or purposes authorized by

other resolutions of this Town Board, then the power of the Town Board to determine the

“weighted average period of probable usefulness” (within the meaning of subdivision a. of

Section 11.00 of the Law) for such combined objects or purposes is hereby delegated to the

Supervisor, as the chief fiscal officer of the Town.

SECTION

8. The Supervisor is hereby further authorized, at his sole discretion, to execute a

project financing and loan agreement, and any other agreements with the New York State

Department of Environmental Conservation and/or the New York State Environmental Facilities

Corporation, including amendments thereto, and including any instruments (or amendments

thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific

object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond, and, or a

bond anticipation note issue in the event of the sale of same to the New York State

Environmental Facilities Corporation.

SECTION

9. The Supervisor of the Town is hereby further authorized to take such actions and

execute such documents as may be necessary to ensure the continued status of the interest on the

bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable

from gross income for federal income tax purposes pursuant to Section 103 of the Internal

Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this

resolution and any notes issued in anticipating thereof, if applicable, as “qualified tax-exempt

obligations” in accordance with Section 265(b)(3)(B)(i) of the Code.

SECTION

10. The Supervisor is further authorized to enter into continuing disclosure

undertakings with or for the benefit of the initial purchaser of the bonds or notes in compliance

with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission

pursuant to the Securities Exchange Act of 1934.

SECTION

11. The intent of this resolution is to give the Supervisor sufficient authority to

execute those applications, agreements and instruments, or to do any similar acts necessary to

effect the issuance of the aforesaid serial bonds or bond anticipation notes without resorting to

further action of this Town Board.

SECTION

12. The validity of the bonds authorized by this resolution and of any bond

anticipation notes issued in anticipation of said bonds may be contested only if:

(a) such obligations are authorized for an object or purpose for which the Town is not

authorized to expend money; or

(b) the provisions of law which should be complied with at the date of the publication of

such resolution are not substantially complied with, and an action, suit or proceeding

contesting such validity is commenced within twenty (20) days after the date of such

publication; or

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(c) such obligations are authorized in violation of the provisions of the Constitution.

SECTION

13. This resolution shall take effect immediately and the Town Clerk is hereby

authorized and directed to cause a copy of this resolution, or a summary thereof, to be published

in full, together with a notice attached in substantially the form as prescribed in Section 81.00 of

the Law, in the official newspaper(s) of the Town for such purpose.

Vote on motion:

Supervisor Flaherty .............Aye

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 5-0

***

Resolution No. 104: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

schedule a Public Hearing to enact a Local Law repealing and replacing Sections 257-165 and

257-166 of Chapter 257-166 (Sewer) of the Code of the Town of Webster.

WHEREAS, the Town Board has the authority pursuant to Article 4 of the New York State

Town Law to promote the health, safety, morals, or general welfare of the community; and

WHEREAS, the Town Board has the authority pursuant to Article 9 of the New York State

Town Law to enact, amend, and repeal ordinances, rules, and regulations not inconsistent with

law; and

WHEREAS, the Town Board from time to time must, of necessity, fairness, common sense, and

in the interest of its constituents and the residents of the Town of Webster, review the laws

pertaining to expenditures of public funds for infrastructure within all districts of the Town; and

WHEREAS, it is both in the public interest and required by law that a Public Hearing be held

to consider the repeal, and replace, in their entirety, of Sections 257-165 and 257-166 of Chapter

257 of the Webster Town Code, relating to sewer connection fee:

NOW, THEREFORE, BE IT RESOLVED:

1. That 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 March 7, 2024, at 7:30 p.m., to consider a Local Law to repeal,

and replace, in their entirety, Sections 257-165 and 257-166 of Chapter 257 of the Webster

Town Code.

2. Such Local Law will be designated as:

Proposed LOCAL LAW NO. 3 of 2024

This law is entitled "A local law to repeal, and replace, in their entirety, Sections 257-165 and

257-166 of Chapter 257 of the Webster Town Code, relating to Sewer Collection Fees”.

OLD LAW:

§ 257-165 Schedule of units of use.

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A. Schedule of units of use.

Classification of Property

Units of Use

One-family dwelling

1 unit

Multiple-family dwelling

1 per unit

Commercial

Determined by water consumption

Industrial

Determined by water consumption

B. For additional schedules see the Town of Webster Fee Schedule.

§ 257-166 Connection fees.

A. All residential units using the Town of Webster sewer system shall pay a sanitary sewer

connection fee to the Town of Webster Sewer Department when a building permit or a sewer

lateral permit is issued for said residential unit. Any resident who has owned and occupied

his/her residence prior to August 1, 1960, shall be exempt from all connection fee charges.

Qualification for said exempt residential status shall be determined from the Town of

Webster Assessor's office official files.

B. The connection fee for commercial/industrial users shall be determined by the Sewer

Department based on applicable water consumption for the previous twelve-month period or

if for new construction based on estimated water consumption.

C. If an addition is made to an existing commercial/industrial facility which results in a new

connection to the sewer, then another connection fee will be assessed.

NEW LAW:

§ 257-165 Schedule of units of use.

A. Equivalent Dwelling Unit (EDU) = 60,000 gallons annually.

Classification of Property

Equivalent Dwelling Units (EDUs) of Use

One-family dwelling

1 EDU

Multiple-family dwelling

1 EDU per dwelling unit

Commercial

Determined by water consumption

Industrial

Determined by water consumption

B. For additional schedules see the Town of Webster Fee Schedule.

§ 257-166 Connection fees.

A. All residential units using the Town of Webster sewer system shall pay a sanitary

sewer connection fee to the Town of Webster Sewer Department when a building

permit or a sewer lateral permit is issued for said residential unit. Any resident

who has owned and occupied his/her residence prior to August 1, 1960, shall be

exempt from all connection fee charges. Qualification for said exempt residential

status shall be determined from the Town of Webster Assessor's office official

files.

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B. The connection fee for commercial/industrial users shall be determined by the sewer

department minimally based on the number of projected Equivalent Dwelling Units (EDUs)

to be connected. This projection shall be determined by the applicable water consumption of

the previous 12-month period or, if new construction, based on estimated

water consumption or flow from a similar comm/industrial user. In addition, where the

number and/or concentration of such units or usage necessitates an increase in capital

expenditures to, or development of additional infrastructure by, the Town of Webster, the

cost of such expenditures or infrastructure development will be borne by the owner, such

expense(s) to be paid or contracted to be paid to the Town, prior to any granting of permits

which allow construction to begin.

C. If an addition is made to an existing commercial/industrial facility which results in a new

connection to the sewer, then another connection fee will be assessed.

To be repealed is struck through; that to be added is in italics.

The entire law to be repealed, consisting of the above two (2) Sections, will also be available

through the Town Website and at the Town Clerk’s Office.

3. 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.

4. That the Town Clerk give notice of such Public Hearing at least five (5) days prior to such

hearing by publishing a copy of this Resolution once in the Webster Herald, the official

newspaper of the Town of Webster, and posting a copy thereof on the Town Clerk’s Bulletin

Board and 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

***

At 7:08 p.m. Supervisor called for an Executive Session.

Resolution No. 105: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

enter into Executive Session pursuant to New York State Public Officer’s Law §105(1)(d) to

discuss proposed, pending or current litigation.

WHEREAS, New York State Public Officers Law provides that the Town of Board may enter

into Executive Session to discuss certain subjects or matters:

NOW, THEREFORE, BE IT RESOLVED:

That the Town Board enter into an Executive Session pursuant to New York State Public

Officer’s Law §105(1)(d) to discuss proposed, pending or current litigation.

That the following persons were authorized to attend: Charles Genese, Town Attorney, Paul

Adams, Finance Director, Dennis Kohlmeier, Police Chief and Mark Reed, Police Captain.

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Vote on motion:

Supervisor Flaherty .............Aye

Councilman Cahill ..............Aye

Councilwoman Nguyen ......Aye

Councilman Abbott .......... Aye

Councilwoman Cataldi ..... Aye

Motion carried .................. 5-0

***

Resolution No. 106: MOTION by Councilman Cahill, seconded by Supervisor Flaherty, to

return to Regular Session at 7:43 p.m.

Vote on motion:

Supervisor Flaherty .............Aye

Councilman Abbott .......... Aye

Councilman Cahill ..............Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

Motion carried .................. 5-0

***

There being no further business to come before the Board, the meeting was adjourned at

7:43 p.m.

___________________________

Dorothy M. Maguire, Town Clerk

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End of document