Town Board Meeting
Town Board Minutes 2024.02.01

Minutes

February 1, 2024 · 73 min read · extracted text · View original

Webster Town Board

February 1, 2024

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

7:30 p.m. at the Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York,

with the following officials present:

Supervisor ................................................................................ Thomas J. Flaherty

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

Community Development Director......................................................Josh Artuso

Supervisor Flaherty led the Pledge of Allegiance to the Flag.

***

Supervisor Flaherty announced a Public Hearing to consider a Local Law to repeal in its entirety,

Chapter 103 of the Code of the Town of Webster, “Aircraft, Airports and Heliports”.

At 7:40 p.m. the Public Hearing was opened. The following people appeared before the Town

Board.

David Vega, Webster Resident: To repeal Chapter 103 and open the ability to build an airport

and/or even land a helicopter within Town lines is unacceptable to me. Rochester has many

surrounding other options available. I sat here two years or three years ago trying to ask for a sixfoot fence to be placed on my property line. That got denied but yet we're here talking about

allowing the repeal of an entire chapter of law, it is unacceptable. I read Chapter 103 many times

just trying to understand what in the chapter does not make sense, trying to understand other than

personal conveniences and hobbies why does this chapter need to be changed. All Town

employees sitting here today have a responsibility to keep the community safe. How? By laws

and codes that you've not allowed or allow. Chapter 103 does exactly that. It even states in 10330 Legislative Intent: The purpose of this chapter is to address the operation of private airports

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

of the health, safety and welfare of the residents of the Town. I assume that also means property

values and noise. I want to know what has changed in regard to our safety. What now in the

chapter is not working with protecting. I don't want to hear other communities or towns have

different variations of law and we should follow their lead. This is about the Town of Webster

not other communities. This chapter needs to stay in place. Like I said in my last meeting, just

because you can do it doesn't mean you should.

Nancy Braley, Webster Resident: I just want to say that if the Board is considering, as you are

repealing 103, I think it should be tweaked especially when it comes to helicopters. The

helicopters make a lot of noise, and they shake, rattle and roll your house. If this law gets

repealed, I'm just afraid they're going to try to put a helipad at the south end of Dewitt Road,

which was a few years back a hot item. I happen to live in that area, and I'll tell you when that

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helicopter flies over your house it shakes, rattles and rolls all the china in the cabinet. You can

come to my house if you want and test it out. I don't think that helicopters belong in Webster. If

you decide to allow it, it should be restricted to areas where they are not personal residences, not

in residential neighborhoods.

Harold Brayley, Webster Resident: Just some background as to why this law is here. There was

a heliport built at that time at the north end of Dewitt Road. Soon of the neighbors [inaudible].

When they flew over your house it would shake your entire house. Helicopters are different from

small planes. They have turbulence that comes down. [inaudible] You have a hurricane coming

down from [inaudible]. There is no way out of it. You have a good law. You should modify it a

little bit but be very careful because you have a hornet’s nest here. I think it was 2005 or 2006

[inaudible].

Richard Frear, Webster Resident: I'm in favor of having helipads in Webster simply because

every emergency service that there is uses helicopters. Mercy flight, even the US Army, every

hospital in Rochester has a helipad. It is something that could possibly be needed in an

emergency situation. I would assume it would be built near firehouses. I'm not sure where the

proposed [inaudible] put these things. As far as the noise affecting private residences, virtually

every airport in New York State or in the country has noise abatement rules that every pilot has

to obey. As far as what direction you take off in, what direction you fly from the airport in, what

direction you approach the airport, all of that can be set down in writing and rules by the FAA so

to accommodate neighbors and businesses whoever might be affected by these aircrafts.

Joan Schlegel, Webster Resident: I would like to state for the record that I'm totally against

repealing Chapter 103 of the Code of the Town of Webster and it's mainly for safety reasons. In

the notice of Public Hearing, it states the Board has the responsibility to promote the health,

safety, morals, or general welfare of the community and the helicopter landing at the corner of

my street is against that responsibility in my opinion. I researched the FAA website. The number

one cause of helicopter crashes is pilot error. This is due to the complexity, control complexity,

which is actually greater than airplanes and also because helicopters must fly lower to the

ground. A helicopter must fly one thousand feet over a city and five hundred feet over small

villages, which means five hundred feet over the rooftops of the homes in Webster. This makes

low visibility and weather conditions such as fog, wind, snow, hail too risky to fly. I mention we

had all of these conditions several times last month. I live five houses where Mr. Casciani

proposes to land his helicopter. We are right on Irondequoit Bay and influenced by the weather

patterns from the lake and the bay every day. We are all aware of the significant noise level of a

helicopter, particularly when it is landing. This is very unacceptable and unhealthy in a

residential area. Will there be fuel and other petroleum products stored on the property? This is

another major safety risk. It's also a known fact, and I did check on this, that it will reduce the

value of homes in the close proximity to the helicopter landing. Repealing this law will add

convenience for one person and significant safety risks for many of the residents of Webster.

Robert Schlegel, Webster Resident: I'm totally against the repeal to Town Law Section 103 of

the Town Code regarding the use of heliports, as well as taking off and landing of helicopters

and small aircraft anywhere in the Town of Webster. My objections are many. In the recent

article regarding this in the Webster Herald, Robert Greiner, provided some misinformation.

How purposive was this and who were his sources? He claims that flight enthusiasts feel that this

law in Webster is unfair, and it singles them out. Who are these people and what favors are they

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looking for? Were these Board Members who are considering these changes for one person at the

meeting in 2006 when an overwhelming crowd joined the public meeting to object to Mr.

Casciani's original proposal to allow this heliport? Many of those attending objected to it based

on safety more than noise production, which opposes what the recent article said, where safety

was mentioned secondarily. The article continues to state that the Town focuses on how

uncommon it is for a Town to ban helicopters with Webster being the only one to do so. He goes

on to say that several towns do have chapters on helicopters, who seem far more to granting

Special Use Permits for helipad sites. This is quite strange because I called each of the twentyone towns in Monroe County speaking directly to their mayor/supervisors or those in charge of

their town codes, and not one said that heliports were allowed or small aircraft in residential

neighborhoods. The only exceptions were medevac pads for emergency flights at the three major

hospitals, as well as a few towns in the outskirts of the county that had a couple of small

airplanes on some larger farms to dust crops when winter was over, which were not near

residential areas. Where did that misinformation come from? He claims in the article that some

of them question why Webster is prohibiting recreational activities that other towns allow? None

of the people whom I spoke to had any comments on this at all. Is anyone aware of that, for well

over a decade, airports have been designed to be located far away from cities for safety reasons

alone. Is this in line with where Mr. Casciani's heliport will be? In the residential area here there

are many trees and winds that change direction often; the weather is quite unpredictable at times.

The article claims that this heliport is some distance from most residences, which couldn't be

farther from the truth, unless one completely discounts our neighborhood on the southern end of

DeWitt Road west of Bay Road. How responsible is each of the Board members who vote in

favor of this Town Law, if an accident should become a reality? Will any zone changes be

required in that case, which would certainly affect the values of homes in the immediate

proximity of this heliport. There are other parcels of land nearby this one which could possibly

ask for similar zone changes also, if they were developed. If gasoline is or will be stored on site,

would a request be by any of us residents also be granted to store gasoline on our properties be

approved, as he is allowed to do? We need to be careful for what we ask for, as well as what is

granted to us because, then, we find that some residents who appear to be much more important

than others at the expense of those others. I totally object to this insanity going forward. The

other thing is that if we had known this was going to come up again we would have contributed

to everybody's runs for office with the caveat that this would not be approved.

John Saulsgiver, Webster Resident: Full disclosure, I'm a friend of John's. I'm a certified pilot.

I'd like to thank the Board for even considering this. I imagine it's got some political problems

associated with it. I'm a retired airline pilot. I have about thirteen thousand hours. I'm a flight

instructor and I’m rated to fly seaplanes as well. I want to talk about the training and

qualifications that are required to fly a certified aircraft in the airspace of the United States. I

think everybody can kind of understand it's not like just getting into a car or truck and turning a

key and going. Every aircraft is different. It requires highly specialized training, and it takes

years, literally years to get the qualifications to operate one of these machines. Not only are the

pilots required to undergo recurrent qualification, they are required to go through medical exams.

For a person of my advanced years, it's every six months. They have to prove that they're

physically fit and that they know how to operate their equipment. This also applies to the aircraft,

these aircraft, certified aircraft, what we're talking about is certified aircraft have to undergo

annual inspections that are far more involved than what they do down at the local corner garage.

They don't just beat the horn and flash the lights. These inspections sometimes take weeks and

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cost thousands of dollars. These machines are taken apart, looked at very carefully and put back

together and then the owner gets a bill, even a Cessna is going to cost $3,000.00 a year just for

the inspection. So, here's the thing, as I understand the current Town Code. Helicopters and other

aircraft are prohibited, yet ultralights are apparently okay. Guess what doesn't apply to

ultralights. There is no pilot qualifications, there's no recurrent, there is no inspections, no

nothing. You can buy an ultralight airplane which I call lawn chairs with wings. It might be a

power parachute, it might be a trike, but these things are flimsy machines. You have no

qualifications, I'm not talking to you guys, but you don't need any qualifications to operate these

things. Now the five hundred feet and a thousand feet, that's accurate. That's not just helicopters.

When I was coming in to land in my United Airliner, I could fly down to five hundred feet, now

that tower would let me do that, but I could, that's the rule for all aircraft. One thousand feet over

densely populated areas, five hundred feet over sparsely populated areas. I would say this to the

Town Board, if you're really serious about quality-of-life issues like noise, I'll invite any one of

you to bring a lawn chair, sit on my front porch on Klem Road and we'll talk about noise. I think

you all know what I’m talking about.

Mark Vahey, Pittsford Resident: I'm here to support removing 103 from the books. I know the

two biggest concerns here are safety and the noise. So, if I was a neighbor, I’d understand that.

My qualifications have been flying helicopters for thirty-two years with the military. I fly the

ones overhead with the National Guard that rattled the china and I've been flying quite a long

time. So, my concerns first, safety. You already heard from John that the qualifications of the

individual are governed by the FAA. They're pretty strict. The safety of his aircraft. It is a

helicopter with turbine engine with a safety record that far exceeds any of the reciprocating

engines. The helipad where it's located it's large, it's rather isolated where the arrivals and

departures can be made in a way that the noise footprint isn't as great. Also, the size of the

aircraft at twenty-six hundred pounds net gross weight, noise footprint is far less than the

Chinooks or the Blackhawks that fly over at night. So those are the two biggest concerns, but I

feel this is a good start to repeal and if noise abatement is an issue, that's something that has to be

dealt with directly with the FAA from those organizations that govern the airspace above which

we live.

Nash Dsyha, Webster Resident: I am for repealing

103. As a pilot, twenty-seven years, private

pilot, I have flown a bunch of different aircraft and as an entrepreneur businessman involved

with projects to date to actually build aircraft. One of them happens to be a brand-new concept

helicopter and they're actually studying areas for manufacturing. [inaudible] possibilities is the

surroundings around here, extinct warehouses and areas that we would use [inaudible] good

possibility [inaudible].

Phyllis Connelly, Webster Resident: I am of the opinion that a helicopter with the Special Use

Permit should be allowed to take and land within the Town however, helicopters used for

recreational purposes should not be allowed since Webster is almost entirely comprised of

residential and business districts, schools and churches. My concerns regard taking off and

landing safely and the amount of fuel that is being delivered and stored on the helicopter owner’s

property. So, nothing has changed regarding the rationale behind and necessity for Section

103. I

am very much in favor of keeping Section 103 of the Town Code in place.

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Al Sienkiewicz, Webster Resident: Town Board members and the Public, this is my fifth time

being here since 2005 and I'm still opposed to repealing Section

103. I'm about 400 feet from the

landing area and a life long resident of the Town of Webster. For the benefit of the newer Board

members and for some of the newer public that are here, a brief history of how this has come

down. In 2003 Mr. Casciani starts to fly out of Sundance Trail even though New York State Law

249 in the General Business Law prohibits it, §249 requires you to get the approval of a

governing body in that area. In February of 2006 he migrates to 893 Dewitt Road, builds a

heliport first and comes to the Town second seeking approval. In April 2006 the Town of

Webster passes

103. In 2009 Mr. Casciani sues the Town over that. The purpose of 103 is to

provide for the protection, health, safety and welfare of the residents of the Town of Webster.

Facts I present to you tonight come from three sources: Federal Aviation Administration,

National Transportation Safety Board and the State of Washington Airports and Compatible

Land Use. We have gone over safety. Three main reasons why this was put in place: safety,

noise, population density. U.S. Supreme Court has held that noise, safety and aesthetics and

evaluation of adjoining land are rational and personal reasons for land use restrictions. The

objectives of compatible land use planning are to encourage plan uses that are generally

considered to be incompatible with airports to locate away from airports and encourage land uses

that are more compatible to locate around airports. Safety is synonymous with compatibility.

You have to look at the operational requirements of the aircraft, the phase of aircraft operation

and the land use in the adjacent area. I'm not going to bore you with a lot of statistics. The

Federal Aviation Administration airports and land use by far the highest accident rates in eleven

years tabulated in this report occurred in rotorcraft. Pilot error, terrain, weather and engine

system failure are the four leading reasons of helicopter crashes. Sixty four percent (64%) of all

general aviation accidents occur within five thousand feet at the end of a runway during

approach, descent, take off or climb. It can be concluded from this data that much of the risk

associated with air transportation is associated with takeoff and landing phase of flight. For

purposes of maintaining safety and for the implementation of good land use the most critical

areas to protect from incompatible land use are those areas directly below the approach and

departure pass the airport. Item #2 - Noise. How would the Board protect us from noise? Noise,

FAA tables list residential areas as the most sensitive to noise and we're right there. On the

ground, it is dependent upon the loudness of the aircraft engine, the altitude of the aircraft and

the horizontal distance between the observers and the track. Helicopters are most notable for

blade slap, slow speed descents, high speed cruise and on approach. There are reasons why

helicopters would land and take off out of airports. Population Density - If anything, this older

area of Webster around Dewitt Road is as dense as any area in Town. Prevailing westerly winds

require an approach from the east and remember adjacent areas of the most susceptible to aircraft

accidents. Item #4 - Property values in the adjoining area. What assurances do we have with our

property values will not decrease?

Kyle Malone, Webster Resident: First off, the Board, thank you. You've been doing this for a

little bit now with multiple meetings. There are two different things going on, I'm for repealing

the act. I hear two things. I hear people saying that they don't want it anywhere in Webster and

then I hear things about John. So first off, I’m going to say, for the Town of Webster I'm going to

assume that they're going to take every precaution from the Town of Webster. In regard to John,

in all reality, I'm one of the closest neighbors to John. I'm two down from him. I think Bill is the

only other one closest to me. So essentially, we have the same backyard. In terms of safety, I've

never felt unsafe in that area. I don't have any issue with it in terms of noise. I think the actual

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normal aircraft that fly overnight are louder than what I hear when he ever has the helicopter

anywhere in the area. So let me keep it short and sweet and say I have zero problem with either

one.

Jon Musson, Webster Resident: I'm here to support the repeal of this statute of law, if you will. I

appreciate everybody's point of view and I think that's why our government works, is that people

have to be open to other people's points of view. I learned in my thirty-two years here on earth

that if you speak from a position of disinformation or fear, you are not going to arrive at the

correct conclusion. I would implore a lot of people to open their mind about what this law

actually does. This law only prevents an aircraft from landing on the ground, it does nothing a

foot off the ground, ten feet off the ground, fifty feet off the ground. It does nothing to protect

them. The hot buttons here are noise and safety. I think to really look at this objectively, you can

just reduce it to absurdity because every one of you got in your car here, to drive here, and had a

way higher chance of injuring yourself in your car then you would in an aircraft or an aircraft

flying overhead. That being said, the FAA governs everything above your head and helicopters

and airplanes flying over your head constantly. So, the Town of Webster has no jurisdiction to

keep you any safer. You know you can list off stats and try to fit those into your point of view

but ultimately if you look at it objectively, the law does nothing to stop noise to make anybody

any safer and like I said it's not really a safety issue. You want to talk about noise, highway noise

is louder. If you look at cars as a concentric circle and then motorcycles as the next one and then

aircraft, that's what we're talking about even though everybody's focusing on a helicopter, as you

reduce each of these circles down you know the populations get smaller and everybody seems to

be focusing on helicopters. So, motivations are questionable. We're talking about aircraft here.

Nobody's talking about the seaplane that lands in Irondequoit Bay every day in the summer.

Nobody’s concerned about the safety of boats, everyone's talking about helicopters and that's a

small circle.

Dave Kennedy, Webster Resident: For the topic of tonight’s hearing, a proposal to effectively

enable the conditional take-off and landing of aircraft in the Town, the best interests of most

residents is to sustain the peaceful status quo. Few, if any, Towns people will take pleasure with

the noise, visual distraction, safety risk, or any other aspect of having a low altitude aircraft

movement, take-offs and landings over the public and private areas of Town. It would seem the

only people to benefit from this proposal are the very few so privileged as to own a private

aircraft. As our elected officials, you are empowered to make decisions that affect the quality of

life in our Town. Collectively your constituents expect you to exercise good, sound, prudent

judgment as you examine and assess each issue that comes before you. We expect each of you to

make your decisions independently, with the best interests of as many residents as possible and

of course, without consideration of your own personal interests. This proposal is not in the best

interest of the people who elected you to office. It is not in the best interest of the people of

Webster. There is no public interest reason for you to approve it. I hope you will not repeal the

existing statute.

Kimberly Serio, Webster Resident: I have personal experience with the helicopter. When we

moved into our home, we were unable to appreciate our backyard for an entire summer. I've

actually got the statistics and what the decibel level is. My husband being a music guy, I actually

pulled it out. We couldn't have a conversation across the picnic table when the helicopter was up

and running. So, I am vehemently opposed to canceling this law. I don't know these people who

want this. I have nothing against them. We have lots of toys and they're very loud, but we also

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have property out in the middle of nowhere where we appreciate it. So, as far as emergency

helicopters they don't have to land on a private pad.

Jared Hirt, Brighton: I think what is being missed in everyone's opinions and with this law is

that there are nineteen towns in Monroe County and Webster is the only town that has a

prohibition against helicopters. The reason for that is because it's unnecessary. It is government

overreaching. Why do I say that? I say that because I haven't heard anybody take the podium

tonight to talk about the process of actually getting approved a heliport or an airplane in any

town or municipality in the State of New York. What no one has mentioned is that in order for

that to happen, you need to first come to the municipality pursuant to New York State Law. Your

State Law requires anybody looking to establish private heliport or airport to come to the town to

get a resolution to then take that resolution and to go to the New York State Department of

Transportation for Aviation Bureau, the experts that are in charge of regulating private heliports

and airports. What does the New York State Department of Transportation Aviation Bureau look

for? They look for you to have approval from the Federal Aviation Administration, FAA

approval. So, I could not sit up here in five minutes or three minutes and go over each and every

regulation that somebody must comply with in order to get approval in order to put a heliport on

their property. I probably couldn't do it in five days but I do have for each and every one of you

are the laws that govern this and why is not necessary, why it is straight government overreach,

to have a law on the books in the Town that attempts to somehow add some regulation that's

already covered by New York State Town Law, that's already covered by Federal Law, and when

it's already recorded for the town here to pass a resolution to allow an applicant to go before New

York State. So, that's not being discussed. That's a reason why no other town in the entire County

has a law like the Town of Webster. It's not needed. So, I'm going to pass these out to the

members of the Board so that you can, in your leisure, review them. There's a lot of legalese in

them, but please look at them over the next week and I believe that will make it very clear why

we don't need this law.

Ronald Nesbitt, Webster Resident: In last week's Webster Herald, Supervisor Flaherty

announced that an informed and engaged community is a better community and this Town Board

even hired a Communications Director to inform Webster residents. Yet when it comes to

changing an eighteen-year-old helicopter law, we heard crickets from Town staff about why this

item is even on tonight's agenda. Let’s take a look back at how we got here. In 2006 that

helicopter law came about after residents brought concerns to the Town Board regarding their

personal safety because a private helicopter was landing in a residential neighborhood. The

Town Board at that time took the personal safety of residents seriously, did their due diligence

and passed the helicopter law. John Casciani then sued the Town of Webster over this law. He

lost the case, and the courts upheld the law as proper. The lawsuit cost the Town a lot of taxpayer

money to fight. John didn't stop there. He then went on to sue me personally in Federal court by

saying I violated his civil rights because I discriminated against him as an Italian American. He

also got his father, Tony Casciani, the Planning Board Chairman to sign the affidavit against me

that I discriminated against Italian Americans which is just a bunch of BS. The court also found

that lawsuit to be without merit and dismissed the case. Tony Casciani didn’t stop there. For the

next thirteen years and every other month, he would ask me to change the law so John could fly

the helicopter in Town, and I always said no. Then came 2017 when he came to my office and

said if I could change the law, his son John would pay for my election campaign in a way of

signs, mailings, postage or anything else I needed. I saw that as a bribe and I immediately called

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the Town Attorney, Deputy Supervisor Cataldi and former Town Councilman Bill Abbott to

inform them about the incident and there were witnesses in the office that day also. You would

think that that would be the end of the drama but no, John didn't stop there. He decided he was

above the law and landed the helicopter at his house and got caught on camera by a neighbor.

The Town issued him a ticket for breaking the law. The Town Attorney prosecuted John in court,

and he lost again. John's next step was to donate $1,500.00 to the then candidate, Tom Flaherty,

to his personal campaign fund in the 2019 election cycle. When Supervisor Flaherty switched to

Republican in 2020, John Casciani switched his money machine to the Webster Republican

Party. Since 2020 John has spent another $1,350.00 in donations to the Webster Republican

Party to support the five Republicans sitting at the Town Board table tonight. What's the old

saying “follow the money”? My point here is very simple over the past eighteen years many tax

dollars have been wasted fighting lawsuits and court cases and not once did the Town Board give

in to harassment and change the law just to benefit one individual. Yet now that the money has

been donated to the Webster Republicans, we now have a rush to change laws to please the

donor, that my friends is called payola. If you don't believe me, ask Jennifer Wright, she was the

Secretary of the Webster Republican Party and she put the checks in the bank. Do you feel there

are safety or liability issues with manning a private helicopter? Absolutely. I might also remind

the Board that you took a hard stand against keeping the Special Police because of liability issues

and safety concerns. Why in the world are you not applying the same logic to this, it seems

hypocritical.

Ken Corpus, Webster Resident: I guess this is what we call the right of infinite refusal. We've

been here before, many times, some of us the same people who fought the first time are back

again fighting. I can't imagine how they feel tonight. I have flown a drone for almost ten years so

I guess I can regard myself as a helicopter pilot. One speaker said the current law doesn't make

anyone safer. Wrong, I think it does. I googled helicopter crashes. There was one two days ago

where five people died. There was one three days ago where six people died. There was one

where four people died. I mean just google it yourself and you will get the point. It happens, it's

not safe in a residential area. The lawyer that stood up here who is not a Town resident said the

law is not needed because of New York State requirements but yet the helicopter pad was built

without the Town's approval. So, I guess if you're willing to follow the law maybe they apply but

if you don't follow the law, they mean nothing. We have a noise ordinance in this Town, the

helicopter will easily violate that. I had a neighbor call the police on me for a minibike in the

backyard once. I got to imagine a helicopter is noisier than that, just my guess I have never been

near one landing, but I'll take people's word for it. Also, once you authorize this particular law or

reverse it, whatever, let's just have other people in the future that want to do something similar.

We’ve had several people here talk tonight that are certified pilots, what's to stop them from

wanting the helipad or maybe an airport or whatever. Essentially, I think this sets us up for some

interesting problems down the road. What happens if somebody wants a helicopter pad and is

going to sell helicopter rides or maybe a helicopter tour along the lake or maybe a quick

helicopter ride to an airport. Now it becomes a commercial enterprise. So, I find it rather hard to

believe that the people in Webster, especially the ones that live along the water that pay some of

the highest taxes in Town, are going to want a helicopter landing there. Please don't tell me about

him following regulations, we've already heard that he doesn't do that. Landing a helicopter in a

residential neighborhood was a bad idea when the law was created, it's still a bad idea landing a

helicopter. He lands his helicopter now at Williamson airport. I suggest you do the right thing

and let him continue to land it there and not in Webster.

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Brian Gutman, Webster Resident: I've been a lifelong resident here in Webster with the

exception of my time in college at Daniel Webster Aeronautical College and serving in the

United States Coast Guard down in New York City. I've worked with every local, state, county,

and Federal government agency with their aviation aircraft down in New York City. I stood

under the prop wash of airplanes and helicopters lifting accident victims up into helicopters. I

know the sound, I know the force that has been talked about, I understand that. When I heard

about this being repealed, I said wow. What aviation accident have I missed that we're talking

about because I can't think of an airplane or helicopter crashing in Webster in my fifty years here

in Webster before this law was enacted or after this law was enacted. So, I went on to the NTSB,

I looked at their website. I searched their online database of accidents they have investigated.

There are none in Webster, before or after. I went out to the FAA's website. I looked at the

research data for accidents and incidents that they have had, again, before and after, not finding

anything. Do more googling search, find an incident in 2019 here in Webster. A helicopter did

make an emergency landing in the Webster Schroeder parking lot. It was precautionary, they

were not transporting any patient, nobody got hurt, the aircraft didn't get hurt and the parking lot

of Schroeder did not get hurt. So, again, really not an accident. When you look at Google Earth

and you see what other airports have been here in Webster, thirty years ago in 1994 there was a

grass strip. It is actually in the neighborhood that I live in now. That airport, that grass strip, the

Hegedorn family would fly their airplane. That aircraft and that runway took off over Hedges

restaurant, it flew east to west. There is no way it didn't fly over Hedges. I understand that there

is definitely noise in place. But this law has some serious fundamental issues. The definitions in

here have some problems that have not stood the test of time. It talks about any rotorcraft, well

let's look at the definition of rotorcraft, heavier than aircraft that depends principally on its

support of flight and on swift generated by one or more rotors. This definition also describes

Unmanned Aircraft Systems (UAS) which the FAA declares is the future of aviation seen on our

website faa.gov/uas. A drone doing visual inspections of roofs, chimneys cell phone towers, air

water towers is much safer than having a person get on the ladder, climb up the ladder and

basically look at it. Flying a drone is much safer. So, the person who said they were flying

drones here in Webster, by the definitions of this law, I am sorry you should be given a ticket

because this law doesn't allow hobbyists or anybody to fly a rotorcraft drone of any size. So, I

really would think that this law should either be repealed or at least be highly modified to be

updated with definitions that the FAA has used.

William McDonald, Webster Resident: I live next to John. I have heard a lot of pros and cons. I

have lived there for about three and a half years now. I have heard the helicopter come in behind

my house, which is right next to him across the street. My dishes do not rattle, my siding doesn't

come off. He has hovered a little bit coming from a distance from behind our property. I have

two kids. I have never felt unsafe. It is just not an issue that I personally am not that concerned

about. [inaudible]. Would I fly in a helicopter, probably not. [inaudible]

The following people submitted written comments.

Mike Bauman, Webster Resident: As a resident of West Webster, I share the same concerns as

my neighbors about noise, safety, quality of life and declining property values that a nearby

helipad would have on our neighborhood. But I also have these concerns for the entire Town of

Webster. If Code 103 is eliminated, that opens the door for other potential helipads or light

aircraft. I realize that owning and operating a helicopter is an expensive hobby and isn’t for

everyone, but it only takes one helicopter to disrupt an entire neighborhood. In a year or two if

38

02-01-2024

Webster Town Board

someone wants a helipad in your neighborhood are you okay with that? What if one household

wants two helicopters, or what about having two helipads a mile apart? These “what if”

situations may seem farfetched, but you can’t rule them out as a possibility. The January 24,

2024 edition of the Webster Herald indicates that the proposal for changing the Town Code

focuses on how uncommon it is for a town to ban helicopters, with Webster being the only town

in Monroe County to do so. This argument reminds me of the old saying, “If little Jimmy stuck a

stick in his eye, would you?” From my perspective, I say Webster got it right. While doing some

research, I found out a proposed helipad in Webster was previously denied years ago. The reason

for denying the helipad was because there isn’t a single benefit to the 45,000 people of Webster.

This would be a law of convenience for very few, not a necessity for the residents of Webster. I

believe this statement still holds true today. As Board Members, you have the ability to

negatively impact 45,000 citizens of Webster by catering to a few. Please don’t fix what ain’t

broken. Please deny the proposal to eliminate Chapter 103 from the Webster Town Code. Please

keep Webster a place where life is worth living.

Debbie Lester, Webster Resident: I was appalled to hear that the Board was even considering

changing this Town Code in Webster. I do know that individual that is asking to have this

changed as his location. That means he will be flying over my house. You can hear a helicopter

way before you see it and it is a disruption and noise nuisance. But if we allow this individual to

have a heliport, what would stop the Army on Ridge Road to follow suit? Plus then allow other

citizens of Webster to fly other machines. Ex. the 6’ remote controlled airplanes, or drones

anywhere. I do know that if was even closer to my house I would be very upset to hear it and see

the damage the wind would cause to my property. Other citizens in Webster that have a “fun”

toy, go to the appropriate place to use it. Ex. boats go to a marina, the remote-controlled planes

go to the air strip. Helicopters should go to the airport. Then you get into your car and drive

home. I do hope the Town Board tells this individual to cease this action and drive to the nearest

airport which is on Route 104 in Williamson.

Dorothy Fait, Webster Resident: I will be out of Town at the time of the public hearing, and I

would like to express my support for continuing the local regulations as written. I do not believe

that this Town needs to revisit this ordinance that prohibits the establishment of an airport or

heliport. The continued challenge to this regulation could cost the Town in legal fees. I prefer

that it is clear not subject to undo financial or political pressure to allow this regulation to be

challenged. There is no Town benefit to allowing aircraft to land within the town.

Dave Wohlrab, Webster Resident: Perhaps the reason no other town/village in Monroe County

has a ban on helicopters landing is that no one asked to routinely land and take off a helicopter. I

would bet that should one ask, the town/village would come up with an ordinance pretty ---quick-especially if the location was in an area of residential zoning. I sure as ---- would not want

to listen to the roar of a helicopter as it landed or took off. And, speaking of sound, I believe

Webster does have a noise ordinance. How does Mr. Casciani plan to deal with that issue. We do

not pass/rescind zoning ordinances to benefit a single individual. Ordinances are for the safety

and betterment of the entire town. There is a very nice facility on Brooks Ave. (about 20 minute

trip down the expressway) specifically designed to handle this type of aircraft (and others as

well). I believe there is even a squadron of National Guard or Army Reserve helicopters on the

property.

39

02-01-2024

Webster Town Board

Jean McGraw, Webster Resident: I strongly oppose changing the current status of not allowing

helicopters to land on personal property. I have concerns about the Bay Bridge and the Dewitt

Road overpass. If either of them was damaged the current roads would be overwhelmed. In my

opinion the wishes of one man versus the needs of the Town is a no brainer.

Shannon Mercone, Webster Resident: Unfortunately, due to unforeseen circumstances I could

not attend tonight to support Mr. Casciani and have the opportunity to speak in front of the Town

Board once again. I speak on behalf of myself and seventeen of Mr. Casciani’s closest

surrounding neighbors. We have had a petition that has been signed by the closest households to

Mr. Casciani residents in support of the law of helicopters in the Town of Webster to be

overturned. The last Town meeting we felt a lot of us were not heard. Many of us had much

support in documentation as to why we felt this law should be looked into further to be

overturned. For anyone to oppose this law being overturned, I just have a few questions as to

why others than for your own personal reasons. We as Webster residents do not own airspace,

nor do we have the authority or adequate proven documentation as to why this law came into

effect in the first place Mr. Casciani is a licensed pilot cleared by the FAA to safely navigate his

personal aircraft in any airspace controlled by the FAA not Webster Town residents. There is

absolutely no proof that shows otherwise. We are in support to have this law overturned.

The Public Hearing was closed at 8:40 p.m.

***

The meeting was open to the floor for public comment. The following people appeared before

the Town Board.

Ron Nesbitt, Webster Resident, expressed his concerns regarding the lack of documentation

posted on the Town’s website prior to the Board meeting, stated was in favor of Marisol

Montalvo being appointed Acting Assessor, asked when the Town Board was going to authorize

a Town-wide reassessment of market values and pointed out the poor video and sound quality of

filmed Town Board meetings.

Ken Corpus, Webster Resident, commented on helicopter crashes, stated it was difficult to watch

Town Board meetings from home, asked why the camera equipment in the Town Board meeting

room was not being used and stated an explanation as to why should be provided to the Webster

taxpayers.

***

Resolution No. 75: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

approve the January 18, 2024 Town Board Minutes as submitted by the Town Clerk.

Vote on motion:

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

Councilwoman Cataldi ..... Aye

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

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

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

***

Resolution No. 76: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to

approve the January 25, 2024 Town Board Workshop Minutes as submitted by the Town Clerk.

40

02-01-2024

Webster Town Board

Vote on motion:

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

Councilwoman Cataldi ..... Aye

Councilman Cahill ..............Abstain

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried .................. 4-0-1

***

Resolution No. 77: MOTION by Councilwoman Wright, seconded by Councilman Cahill, to

approve the bills as submitted in Warrant #0224 by the Director of Finance.

Fund

General (A,B) CL #203-381

Highway (C,D)

Sewer (G)

Library (L)

Drainage Districts (M)

Park Districts (P)

Special Districts (N,Q,S)

Sewer Districts (J)

Trust & Agency (T/A,TP,XM,XD)

Capital Projects (H) #7-18

H216 Lodge at Sandbar Park

H220 WWTP Improvement

H222 Klem & Fawnwood PS Imp.

H223 Lake Rd WE Drainage MO.56

H224 Sandbar Shoreline Prot.MO.59

H226 Lake Rd Pump Station

H230 Sandbar Flood Wall MO.78

H231 WWTP Upgrade Phase II

H232 Highway Garage Building

H237 Coca-Cola fairlife

TOTAL

Vote on motion:

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

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

Councilwoman Wright……Aye

Inside

55,716.97

38,860.23

49,025.65

2,662.24

1,648.30

0.00

0.00

0.00

0.00

Outside

258,854.52

64,475.44

233,399.61

18,444.13

3,438.93

63.70

2,733.38

53,273.13

274,522.30

Total

314,571.49

103,335.67

282,425.26

21,106.37

5,087.23

63.70

2,733.38

53,273.13

274,522.30

0.00

44,799.47

49,418.00

1,455.76

815.97

1,997.03

282.24

1,328,180.03

1,375,981.43

12,315.60

2,963,158.92

1,000.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

910,205.14

1,000.00

44,799.47

49,418.00

1,455.76

815.97

1,997.03

282.24

1,328,180.03

1,375,981.43

12,315.60

3,873,364.06

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

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

***

Resolution No. 78: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to

approve the prepaid vouchers included in Warrant #0224 by the Director of Finance in the

amount of $910,205.14. [Included in the summary of vouchers approved in Resolution #77]

Vote on motion:

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

Councilwoman Cataldi ..... Aye

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

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

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

***

41

02-01-2024

Webster Town Board

Resolution No. 79: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

approve purchase orders as submitted by the Director of Finance.

Vote on motion:

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

Councilwoman Cataldi ..... Aye

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

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

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

***

Resolution No. 80: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

approve 2023 Expenditure and Revenue Budget Transfers as presented by the Director of

Finance.

Expenditure Budget Transfer Journal Entry #280

Effective Date 12/31/2023

Line

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

42

Account Code

A1220.20000

A1220.40001

A1220.10007

A1310.40007

A1310.40066

A1310.40139

A1320.40011

A1310.40067

A1325.40043

A1325.40054

A1325.40067

A1325.10012

A1330.40030

A1330.10023

A1355.10023

A1355.40019

A1355.40024

A1355.40027

A1410.10018

A1410.40032

A1410.40234

A1420.40080

A1420.40036

A1430.40036

A1430.40165

A1430.40000

A1430.40032

A1355.40027

A1355.40025

A1620.40044

A1620.40756

A1620.40752

Department

Previous

Supervisor

4,350.00

Supervisor

536.00

Supervisor

57,489.00

Director of Finance

9,080.00

Director of Finance

73,816.00

Director of Finance

200.00

Audit/Accounting

34,000.00

Director of Finance

7,300.00

Technology Admin. & Maint.

190.00

Technology Admin. & Maint. 3,414.00

Technology Admin. & Maint. 15,140.00

Technology Admin. & Maint. 67,794.00

Tax Collection

26,700.00

Tax Collection

34,372.00

Assessment

58,000.00

Assessment

3,000.00

Assessment

800.00

Assessment

16,176.00

Town Clerk

45,250.00

Town Clerk

5,000.00

Town Clerk

609.00

Town Attorney

1,800.00

Town Attorney

4,000.00

Personnel

33,200.00

Personnel

3,000.00

Personnel

4,500.00

Personnel

1,000.00

Assessment

16,176.00

Assessment

9,800.00

Building Maintenance

48,200.00

Building Maintenance

1,500.00

Building Maintenance

18,200.00

Changed

400.00

1,000.00

(1,400.00)

200.00

1.00

700.00

5,525.00

(6,426.00)

200.00

800.00

800.00

(1,800.00)

1,400.00

(1,400.00)

240.00

150.00

1,850.00

(2,240.00)

1.00

500.00

100.00

300.00

(901.00)

21,000.00

500.00

(4,000.00)

(1,000.00)

(13,500.00)

(3,000.00)

8,100.00

200.00

(8,300.00)

Amended

4,750.00

1,536.00

56,089.00

9,280.00

73,817.00

900.00

39,525.00

874.00

390.00

4,214.00

15,940.00

65,994.00

28,100.00

32,972.00

58,240.00

3,150.00

2,650.00

13,936.00

45,251.00

5,500.00

709.00

2,100.00

3,099.00

54,200.00

3,500.00

500.00

0.00

2,676.00

6,800.00

56,300.00

1,700.00

9,900.00

02-01-2024

Webster Town Board

Line

33.

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

64.

65.

66.

67.

68.

69.

70.

71.

72.

73.

74.

75.

76.

77.

78.

43

Account Code

A1920.40236

A1989.10023

A1620.40048

A3120.10039

A3120.10041

A3120.10045

A3120.10048

A3120.10037

A3120.20024

A3120.40053

A3120.40100

A3120.40102

A3120.40104

A3120.40106

A3120.40124

A3120.40130

A3120.40132

A3120.40136

A3129.40002

A3129.20050

A3120.10037

A3120.40128

A3410.10071

A3410.40053

A3410.40140

A3410.40166

A3410.40101

A3410.40136

A5010.40035

A5010.40178

A5010.40756

A5182.40184

A5010.40752

A5187.40198

A6410.40204

A5010.40754

A6772.10083

A6772.10084

A6772.20000

A6772.40209

A6772.40301

A6772.40208

A6772.40218

A5010.10079

A7020.10087

A7020.10093

Department

Special Items

Cable Access

Building Maintenance

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Crime Proceeds

Crime Proceeds

Law Enforcement

Law Enforcement

Fire Marshal

Fire Marshal

Fire Marshal

Fire Marshal

Fire Marshal

Fire Marshal

Highway Superintendent

Highway Superintendent

Highway Superintendent

Street Light/Signs/Signls

Highway Superintendent

Intersection Lighting

Publicity

Highway Superintendent

Program for Aging

Program for Aging

Program for Aging

Program for Aging

Program for Aging

Program for Aging

Program for Aging

Highway Superintendent

Recreation

Recreation

Previous

9,750.00

4,000.00

25,000.00

380,000.00

140,000.00

231,774.00

6,500.00

60,000.00

10,000.00

6,700.00

4,000.00

35,450.00

380.00

8,000.00

59,000.00

4,500.00

48,515.87

8,700.00

0.00

50,707.00

60,000.00

100,000.00

31,200.00

750.00

900.00

3,000.00

6,000.00

1,750.00

2,500.00

30,500.00

2,600.00

55,000.00

25,300.00

29,150.00

43,000.00

27,000.00

4,100.00

18,800.00

47,829.00

42,000.00

8,815.00

2,500.00

2,585.00

38,400.00

133,800.00

93,400.00

Changed

3,900.00

50.00

(3,950.00)

18,000.00

9,000.00

5,100.00

100.00

(32,200.00)

2,400.00

2,100.00

200.00

400.00

50.00

250.00

7,000.00

500.00

300.00

500.00

1,800.00

1,000.00

(10,500.00)

(6,000.00)

700.00

200.00

200.00

600.00

(1,000.00)

(700.00)

500.00

1,400.00

800.00

7,000.00

(9,700.00)

2,400.00

1,200.00

(3,600.00)

500.00

300.00

500.00

5,100.00

2,100.00

(1,200.00)

(2,300.00)

(5,000.00)

14,000.00

1,200.00

Amended

13,650.00

4,050.00

21,050.00

398,000.00

149,000.00

236,874.00

6,600.00

27,800.00

12,400.00

8,800.00

4,200.00

35,850.00

430.00

8,250.00

66,000.00

5,000.00

48,815.87

9,200.00

1,800.00

51,707.00

49,500.00

94,000.00

31,900.00

950.00

1,100.00

3,600.00

5,000.00

1,050.00

3,000.00

31,900.00

3,400.00

62,000.00

15,600.00

31,550.00

44,200.00

23,400.00

4,600.00

19,100.00

48,329.00

47,100.00

10,915.00

1,300.00

285.00

33,400.00

147,800.00

94,600.00

02-01-2024

Webster Town Board

Line

79.

80.

81.

82.

83.

84.

85.

86.

87.

88.

89.

90.

91.

92.

93.

94.

95.

96.

97.

98.

99.

100.

101.

102.

103.

104.

105.

106.

107.

108.

109.

110.

111.

112.

113.

114.

115.

116.

117.

118.

119.

120.

121.

122.

123.

124.

44

Account Code

Department

A7020.10100

Recreation

A7020.10103

Recreation

A7020.20011

Recreation

A7020.40056

Recreation

A7020.40113

Recreation

A7020.40212

Recreation

A7020.40226

Recreation

A7020.40229

Recreation

A7020.40234

Recreation

A7020.40754

Recreation

A7020.40756

Recreation

A7020.10097

Recreation

A7020.40222

Recreation

A7020.40227

Recreation

A7020.40228

Recreation

A5010.10079

Highway Superintendent

A7110.10102

Park Department

A7110.40166

Park Department

A7110.40248

Park Department

A7110.40300

Park Department

A7110.40754

Park Department

A7110.40242

Park Department

A7510.40252

Historian

A7510.40256

Historian

A8989.40032

Communications

A8989.40053

Communications

A9060.80030

Hospitalization

A9060.80024

Hospitalization

B1490.40054

Public Works

B1490.40080

Public Works

B1490.40100

Public Works

B149040101

Public Works

Left Blank Intentionally

B1490.40754

Public Works

B3620.40026

Building Department

B3620.40053

Building Department

B3620.40032

Building Department

B3620.40101

Building Department

B3620.40166

Building Department

B8010.10073

Board of Appeals

B8010.40184

Board of Appeals

B8020.10073

Planning Board

B9010.80000

Retirement

Employees

B9040.80015

Workers Compensation

B9060.12000

Hospitalization

B9060.80024

Hospitalization

Previous

170,041.00

61,704.00

4,648.00

67,900.00

44,500.00

7,500.00

25,600.00

80,900.00

2,700.00

68,306.00

3,500.00

203,000.00

60,000.00

55,000.00

40,100.00

38,400.00

49,590.00

18,600.00

108,493.00

4,800.00

15,000.00

55,000.00

200.00

200.00

0.00

200.00

117,000.00

338,000.00

14,000.00

1,050.00

5,500.00

27,300.00

Changed

1,600.00

1,600.00

100.00

5,500.00

4,500.00

200.00

500.00

7,000.00

100.00

500.00

200.00

(9,000.00)

(12,000.00)

(5,000.00)

(3,000.00)

(8,000.00)

1,000.00

1,000.00

500.00

1,400.00

1,700.00

(5,600.00)

100.00

(100.00)

90.00

(90.00)

4,000.00

(4,000.00)

1,200.00

100.00

700.00

2,200.00

Amended

171,641.00

63,304.00

4,748.00

73,400.00

49,000.00

7,700.00

26,100.00

87,900.00

2,800.00

68,806.00

3,700.00

194,000.00

48,000.00

50,000.00

37,100.00

30,400.00

50,590.00

19,600.00

108,993.00

6,200.00

16,700.00

49,400.00

300.00

100.00

90.00

110.00

121,000.00

334,000.00

15,200.00

1,150.00

6,200.00

29,500.00

24,065.00

21,500.00

0.00

500.00

7,500.00

2,200.00

11,064.00

1,050.00

12,560.00

78,000.00

7,700.00

12,000.00

40,000.00

100.00

200.00

150.00

20.00

500.00

100.00

300.00

100.00

100.00

1,600.00

1,300.00

2,200.00

1,100.00

24,165.00

21,700.00

150.00

520.00

8,000.00

2,300.00

11,364.00

1,150.00

12,660.00

79,600.00

9,000.00

14,200.00

41,100.00

02-01-2024

Webster Town Board

Line

125.

126.

127.

128.

129.

130.

131.

132.

133.

134.

135.

136.

137.

138.

139.

140.

141.

142.

143.

144.

145.

146.

147.

148.

149.

150.

151.

152.

153.

154.

155.

156.

157.

158.

159.

160.

161.

162.

163.

164.

165.

166.

167.

168.

169.

170.

45

Account Code

B9060.80030

B9060.80022

B8010.10125

C5130.10072

C5130.20082

C5130.40302

C5130.40304

C5130.40305

C9060.80030

C5130.40101

C5130.10116

C9040.80015

D5110.10072

D5112.10116

D5112.10136

D5141.10139

D5142.40055

D5148.10140

D9010.80000

D9060.12000

D9060.80030

D5110.40310

G8110.40332

G8120.10072

G8120.20085

G8120.20090

G8120.40340

G8120.40352

G8120.40354

G8120.40754

G8120.10010

G8120.40101

G8130.40360

G8130.40368

G8130.40376

G8130.40378

G8130.40390

G8130.40400

G8130.40420

G8130.40422

G8130.40426

G8130.40754

G9062.80030

G9063.12000

G8130.10010

G8130.10142

Department

Previous

Hospitalization

16,000.00

Hospitalization

25,503.00

Board of Appeals

5,000.00

Equipment

3,150.00

Equipment

1,757,514.06

Equipment

450,000.00

Equipment

27,000.00

Equipment

2,010.00

Hospitalization

6,900.00

Equipment

50,000.00

Equipment

220,000.00

Workers Compensation

31,000.00

General Repairs

13,000.00

General Repairs

540,000.00

Permanent Improvements 129,600.00

Brush & Weeds

270,000.00

Snow Removal

6,300.00

Services for Other Govts

249,490.00

Retirement-Employees

301,000.00

Hospitalization

6,100.00

Hospitalization

128,000.00

General Repairs

402,000.00

Sewer Administration

11,000.00

Sanitary Sewer

14,000.00

Sanitary Sewer

520,230.00

Sanitary Sewer

253,096.00

Sanitary Sewer

11,900.00

Sanitary Sewer

10,000.00

Sanitary Sewer

45,000.00

Sanitary Sewer

80,000.00

Sanitary Sewer

32,451.00

Sanitary Sewer

35,300.00

Sewage Treatment/Disposal 80,600.00

Sewage Treatment/Disposal 143,400.00

Sewage Treatment/Disposal 13,500.00

Sewage Treatment/Disposal

4,600.00

Sewage Treatment/Disposal 24,200.00

Sewage Treatment/Disposal 11,000.00

Sewage Treatment/Disposal

6,700.00

Sewage Treatment/Disposal

7,700.00

Sewage Treatment/Disposal

6,000.00

Sewage Treatment/Disposal 137,063.00

Hospitalization-Collect

33,000.00

Hospitalization-Treatment

8,000.00

Sewage Treatment/Disposal 48,280.00

Sewage Treatment/Disposal 303,389.00

Changed

Amended

1,400.00

17,400.00

(11,370.00)

14,133.00

(2,000.00)

3,000.00

1,000.00

4,150.00

35,100.00 1,792,614.06

12,000.00

462,000.00

2,200.00

29,200.00

200.00

2,210.00

500.00

7,400.00

(17,000.00)

33,000.00

(30,000.00) 190,000.00

(4,000.00)

27,000.00

1,000.00

14,000.00

3,300.00

543,300.00

100.00

129,700.00

50,000.00

320,000.00

700.00

7,000.00

2,000.00

251,490.00

5,500.00

306,500.00

500.00

6,600.00

1,600.00

129,600.00

(64,700.00) 337,300.00

9,500.00

20,500.00

2,700.00

16,700.00

16,200.00

536,430.00

12,400.00

265,496.00

1,300.00

13,200.00

100.00

10,100.00

700.00

45,700.00

3,300.00

83,300.00

(32,200.00)

251.00

(14,000.00)

21,300.00

3,100.00

83,700.00

38,000.00

181,400.00

600.00

14,100.00

300.00

4,900.00

4,800.00

29,000.00

18,000.00

29,000.00

250.00

6,950.00

100.00

7,800.00

500.00

6,500.00

2,500.00

139,563.00

1,500.00

34,500.00

1.00

8,001.00

(21,651.00)

26,629.00

(28,000.00) 275,389.00

02-01-2024

Webster Town Board

Line

171.

172.

173.

174.

175.

176.

177.

178.

179.

180.

181.

182.

183. Account Code

G9062.80022

L7410.40100

L7410.40510

L7410.40512

L7410.40514

L7410.40529

L7410.40536

L7410.40539

L7410.40754

L7410.40756

L9010.80000

L9040.80016

L7410.10153

Department

Hospitalization-Collect

Library

Library

Library

Library

Library

Library

Library

Library

Library

Retirement-Employees

Workers Compensation

Library

Previous

142,005.00

3,100.00

8,600.00

3,000.00

67,679.00

7,300.00

13,500.00

13,700.00

45,000.00

600.00

77,400.00

0.00

743,803.00

Changed

(20,000.00)

300.00

1,200.00

320.00

700.00

4,200.00

1,200.00

800.00

4,600.00

200.00

1,500.00

600.00

(15,620.00)

Amended

122,005.00

3,400.00

9,800.00

3,320.00

68,379.00

11,500.00

14,700.00

14,500.00

49,600.00

800.00

78,900.00

600.00

728,183.00

Revenue Budget Transfer Journal Entry #282

Effective Date 12/31/2023

Line

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

46

Account Code

A110.01030

A210.01255

A210.01260

A230.02211

A230.02260

A230.02350

A230.02351

A270.02530

A270.02545

A290.02610

A330.02653

A330.02673

A330.02772

A330.02783

A410.03005

A410.03793

A250.02401

B270.02556

B250.02401

C230.02304

C250.02418

C250.02419

C250.02416

C330.02665

C250.02401

C250.02416

C310.02665

D230.02304

D330.02770

D230.02300

Department

Previous

Real Property Taxes

(76,000.00)

Departmental Income

(7,500.00)

Departmental Income

(1,875.00)

Intergovernmental Charges

(8,700.00)

Intergovernmental Charges (220,000.00)

Intergovernmental Charges

(3,800.00)

Intergovernmental Charges

(3,800.00)

Licenses and Permits

(100.00)

Licenses and Permits

(4,900.00)

Fines and Forfeitures

(170,000.00)

Miscellaneous

(1,500.00)

Miscellaneous

(4,000.00)

Miscellaneous

(8,000.00)

Miscellaneous

(900.00)

State Aid

(1,100,000.00)

State Aid

0.00

Use of Money and Property (50,000.00)

Licenses and Permits

(6,000.00)

Use of Money and Property

(6,000.00)

Intergovernmental Charges

(35,000.00)

Use of Money and Property

(500.00)

Use of Money and Property (100,000.00)

Use of Money and Property (100,000.00)

Miscellaneous

(125,000.00)

Use of Money and Property

(4,000.00)

Use of Money and Property (100,000.00)

Sales of Prop & Comp/Loss

0.00

Intergovernmental Charges

(50,000.00)

Miscellaneous

(13,000.00)

Intergovernmental Charges (200,000.00)

Changed

Amended

2,000.00

(74,000.00)

600.00

(6,900.00)

800.00

(1,075.00)

7,700.00

(1,000.00)

19,000.00 (201,000.00)

700.00

(3,100.00)

700.00

(3,100.00)

100.00

0.00

900.00

(4,000.00)

47,000.00 (123,000.00)

1,500.00

0.00

4,000.00

0.00

1,200.00

(6,800.00)

900.00

0.00

54,000.00 (1,046,000.00)

1,700.00

1,700.00

(142,800.00) (192,800.00)

800.00

(5,200.00)

(800.00)

(6,800.00)

22,000.00

(13,000.00)

29,000.00

28,500.00

21,000.00

(79,000.00)

(72,000.00) (172,000.00)

125,000.00

0.00

(54,000.00)

(58,000.00)

(18,000.00) (118,000.00)

(53,000.00)

(53,000.00)

29,000.00

(21,000.00)

(9,000.00)

(22,000.00)

(20,000.00) (220,000.00)

02-01-2024

Webster Town Board

Line Account Code

31. E330.02785

32. E310.02655

33. G210.02122

34. G210.02123

35. G210.02130

36. G210.02132

37. G230.02385

38. G310.02665

39. G250.02401

40. L410.03840

41. L410.03841

42. M210.02135

43. M250.02401

44. J330.02770

45. J250.02401

Vote on motion:

Department

Previous

Miscellaneous Income

(120,271.00)

Sale of Prop

(19,911.00)

Departmental Income

(92,400.00)

Departmental Income

(500.00)

Departmental Income

(84,100.00)

Departmental Income

(31,900.00)

Intergovernmental Charges

(77,430.00)

Sale of Prop. Comp/Loss

(24,824.00)

Use of Money and Property (40,000.00)

State Aid

(12,180.00)

State Aid

0.00

Departmental Income

(16,000.00)

Use of Money and Property

(1,000.00)

Miscellaneous

(15,668.00)

Use of Money and Property

0.00

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

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

Councilwoman Wright……Aye

Changed

300.00

(300.00)

25,000.00

500.00

7,500.00

9,100.00

59,100.00

10,900.00

(112,100.00)

12,180.00

(12,180.00)

6,100.00

(6,100.00)

7,400.00

(7,400.00)

Amended

(119,971.00)

(20,211.00)

(67,400.00)

0.00

(76,600.00)

(22,800.00)

(18,330.00)

(13,924.00)

(152,100.00)

0.00

(12,180.00)

(9,900.00)

(7,100.00)

(8,268.00)

(7,400.00)

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

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

***

Resolution No. 81: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to

approve 2023 Budget Amendments as presented by the Director of Finance.

Budget Amendments Journal Entry #281

Effective Date 12-31-2023

Line Account Code Department

Previous

Changed Amended

1. B1490.40278 Public Works

107,500.00

18,100.00

125,600.00

2. B3620.10115 Building Department

75,911.00

2,500.00

78,411.00

3. B3620.10118 Building Department

61,828.00

2,400.00

64,228.00

4. B599.40092

Appropriated Fund Balance (450,000.00) (23,000.00) (473,000.00)

5. E7125.20000 Parkland Trust

288,200.00

1,100.00

289,300.00

6. E310.02655

Sale of Prop

(19,911.00)

(1,100.00) (21,011.00)

7. S5182.40302 Street Light/Signs/Signls

4,740.00

5,500.00

10,240.00

8. S5182.40524 Street Light/Signs/Signls

25,360.00

3,700.00

29,060.00

9. S599.40092

Appropriated Fund Balance

(3,700.00)

(9,200.00) (12,900.00)

Vote on motion:

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

Councilwoman Cataldi ..... Aye

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

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

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

***

Resolution No. 82: MOTION by Councilwoman Wright, seconded by Councilwoman Nguyen,

to appoint Thomas Traub to the Parks and Recreation Open Space Athletic Review (PROSAR)

Board for a term ending December 31, 2026.

47

02-01-2024

Webster Town Board

Vote on motion:

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

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

Councilwoman Wright……Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

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

***

Resolution No. 83: MOTION by Councilwoman Wright, seconded by Councilwoman Cataldi,

to appoint Jason Mejak to the Parks and Recreation Open Space Athletic Review (PROSAR)

Board for a term ending December 31, 2026.

Vote on motion:

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

Councilwoman Cataldi ..... Aye

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

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

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

***

Resolution No. 84: MOTION by Councilwoman Cataldi, seconded by Councilman Cahill, to

award and authorize the Town Supervisor to sign a Professional Consulting Services Contract

with Ty Lin Engineering & Architecture, P.C.

WHEREAS, a Request for Proposals (RFP) was issued for Professional Consulting Services for

Town of Webster fairlife Project Building Code Compliance Review; and

WHEREAS, the fairlife Project consists of the construction of approximately 785,000 SF of milk

processing, warehouse and support services buildings, located on approximately 110 acres of

land at the end of Tebor Road in the Town of Webster; and

WHEREAS, on January 22, 2024 proposals were received from Ty Lin Engineering &

Architecture P.C. and GHD Consulting Services, Inc.:

NOW, THEREFORE, BE IT RESOLVED:

That the Webster Town Board awards the Professional Consulting Services Contract for the

Town of Webster fairlife Project Building Code Compliance Review to Ty Lin Engineering &

Architecture, P.C., 255 East Main Avenue, Rochester, New York and authorizes the Town

Supervisor to sign the Contract.

Vote on motion:

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

Councilwoman Cataldi ..... Aye

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

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

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

***

Resolution No. 85: MOTION by Councilman Cahill, seconded by Councilwoman Cataldi, to

authorize the Town Supervisor to sign an Intermunicipal Agreement (IMA) with the Village of

Webster for shared construction, maintenance, replacement and repair services of sidewalks that

cross municipal boundaries. The term of the IMA shall be from the date of the Agreement

through December 31, 2028, and shall continue for additional five (5) year periods thereafter

unless a written notice of non-renewal is served by any party upon the other party at least thirty

(30) days prior to any termination date.

48

02-01-2024

Webster Town Board

Vote on motion:

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

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

Councilwoman Wright……Aye

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

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

***

Resolution No. 86: MOTION by Councilman Cahill, seconded by Councilwoman Cataldi, to

apply to Monroe-Livingston Regional Emergency Medical Service Council, (MLREMS) for

expansion of the Town of Webster’s EMS authority to include Advance Life Support (ALS).

Vote on motion:

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

Councilwoman Cataldi ..... Aye

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

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

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

***

Resolution No. 87: MOTION by Councilwoman Cataldi, seconded by Councilman Cahill, to

approve the following assets for auction from the Sewer Department

GE Transformer 3 Phase

GE Transformer 3 Phase

GE 7700 Line Control Center

GE 7700 Line Control Center

GE 7700 Line Control Center

GE 8000 Line Motor Control Center

GE Panel Boards 208V Quantity 2

GE Panel Board 120V

Vote on motion:

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

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

Councilwoman Wright……Aye

Asset Tag #02032

Asset Tag #00950/00125

No Tag

No Tag

No Tag

No Tag

No Tag

No Tag

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen .... Aye

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

***

Resolution No. 88: MOTION by Councilwoman Wright, seconded by Councilman Cahill, to

designate and appoint Marisol Montalvo as Town of Webster Acting Assessor.

WHEREAS, the duly appointed Assessor of the Town of Webster is temporarily unable to

perform the duties of that office; and

WHEREAS, it is necessary and important that the duties of the Assessor of the Town of Webster

be maintained and conducted during the absence of the duly appointed Assessor; and

WHEREAS, Marisol Montalvo is currently employed as Assistant Assessor for the Town of

Webster and has been since 2010; and

WHEREAS, New York Real Property Tax Law §314(1) authorizes the appointing authority, in

this case, the Town of Webster, to designate and appoint an Acting Assessor during the extended

absence of the duly appointed Assessor; and

49

02-01-2024

Webster Town Board

WHEREAS, by dint of qualifications, experience and current position, Marisol Montalvo is the

best person to be so appointed as Acting Assessor:

NOW, THEREFORE, BE IT RESOLVED:

1. That as authorized by Real Property Tax Law §314, Marisol Montalvo, Assistant Assessor,

be appointed Acting Assessor effective immediately and continuing until the duly appointed

Assessor for the Town of Webster is able to resume her duties.

2. That the Acting Assessor shall have all the powers and duties of the Town Assessor during

her absence, including but not limited to managing the Assessor’s Office staff, running dayto-day operations, field review and performing the duties of Webster Town Code §269-10.

3. That Acting Assessor shall receive compensation under Salary Grade 28 during the period of

this appointment.

4. That, in accordance with the directive of Real Property Tax Law §314 the Town of Webster

shall notify the Commissioner of Taxation within fifteen (15) days of this Resolution.

5. That in the event the Acting Assessor functions as such for more than six months, such

Acting Assessor shall be required to meet the minimum qualification standards and to obtain

certification for those persons elected or appointed to the Office of Assessor as required by

Title 2, Article 3, Chapter 50-A of the Real Property Tax Law.

Vote on motion:

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

Councilwoman Cataldi ..... Aye

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

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

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

***

Supervisor Flaherty

This next one (agenda item) is pretty much housekeeping to set up the

Public Hearing for the Conveyance Pipe Project. You will notice that next week’s Town Board

workshop, we have the Engineering Firm, Costich, in to give a little more detail about this

Project, timelines, things of that nature. We also have a presentation next week on the process we

probably will be entering soon of amending the Town Code on how we have one time entrance

sewer fees to our Sanitary Sewer System. I think next week's workshop is going to be very

interesting for the Board members and for the community. It spawns off in a lot of ways this

resolution we are about to do. Long story short, it looks as though this Project is really the

upsizing of the sewer mains from Tebor Road where the Coke fairlife facility will be. It is going

to basically take the existing sewer mains that run around through the Xerox campus and hook

into a thirty-six main on Phillips Road. It is going to upsize them where needed to accommodate

the flow that is going to be coming out of the Coke fairlife Facility when it is fully built and

operational. I think there was a very good foresight. There are also some aspects to it to look to

the future from a standpoint of, if there is development on the Xerox Campus there would be

ability to tie into those upsized mains for additional flow, but we will go into more detail next

week. We have to do a public hearing for a bond proposal of this size for a municipal project like

this.

The Town Board considered the following Resolution:

50

02-01-2024

Webster Town Board

Resolution No. 89: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

authorize a Public Hearing under Town Law Section 202-B with respect to certain improvements

to the Town of Webster Consolidated Sewer District.

WHEREAS, 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, 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 (the “Project”); all at an estimated maximum cost of $7,100,000; and

WHEREAS, the Town Board now wishes to schedule a public hearing in accordance with

Section 202-b of the Town Law to hear all interested parties on whether it is in the public interest

to undertake the Project, at such estimated maximum cost.

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

COUNTY, NEW YORK HEREBY RESOLVES, AS FOLLOWS:

SECTION

1. A public hearing shall be held by the Town Board of the Town of Webster 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 to hear all interested parties on whether it is in the public

interest to undertake the Project as described above at an estimated maximum cost of

$7,100,000.

SECTION

2. Notice of said public hearing shall be published and posted as required by Section

193 of the Town Law in the form set forth as Exhibit A.

Vote on motion:

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

Councilwoman Cataldi ..... Aye

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

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

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

***

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

9:25 p.m.

___________________________

Dorothy M. Maguire, Town Clerk

51

02-01-2024

End of document