Town Board Meeting
Town Board Minutes 2023.12.07

Minutes

December 7, 2023 · 27 min read · extracted text · View original

Webster Town Board

December 7, 2023

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

Councilman .............................................................................. William G. Abbott

Councilman .......................................................................................John J. Cahill

Councilwoman .......................................................................... Patricia T. Cataldi

Councilwoman ........................................................................... Ginny L. Nguyen

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

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

Department Heads Present:

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

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

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

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

Highway Superintendent .................................................................... Pat Stephens

Supervisor Flaherty led the Pledge of Allegiance to the Flag.

***

The meeting was open to the floor for public comment. No comments were received.

***

Resolution No. 402: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

approve the November 16, 2023 Town Board Minutes as submitted by the Town Clerk.

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Abstain

Councilwoman Nguyen ......Aye

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

***

Resolution No. 403: MOTION by Councilman Cahill, seconded by Councilwoman Nguyen, to

approve the bills as submitted in Warrant #1223 by the Director of Finance.

Fund

General (A,B) CL #8916-9166

Highway (C,D)

Sewer (G)

Library (L)

Drainage Districts (M)

Park Districts (P)

Parkland (E)

Special Districts (N,Q,S)

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

Capital Projects (H) #174-183

H213 SB Waterfront Park Design

387

Inside

83,550.88

51,487.44

19,052.75

10,260.46

0.00

1,195.00

0.00

0.00

0.00

Outside

1,548,815.66

614,158.10

280,370.15

104,358.64

39,856.46

59.82

1,400.00

2,391.81

532,309.87

Total

1,632,366.54

665,645.54

299,422.90

114,619.10

39,856.46

1,254.82

1,400.00

2,391.81

532,309.87

375,888.88

0.00

375,888.88

12-07-23

Webster Town Board

Fund

H223 Lake Rd WE Drainage MO.56

H224 Sandbar Protection MO.59

H226 Lake Rd Pump Station MO.65

H230 Sandbar Floor 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 Nguyen ......Aye

Inside

110,789.11

25,865.53

2,612.50

11,046.92

1,083,820.36

698,412.28

0.00

2,473,982.11

Outside

0.00

0.00

0.00

0.00

0.00

55,149.33

1,097.10

3,179,966.94

Total

110,789.11

25,865.53

2,612.50

11,046.92

1,083,820.36

753,561.61

1,097.10

5,653,949.05

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

Councilwoman Cataldi ..... Aye

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

***

Resolution No. 404: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

approve the prepaid vouchers included in Warrant #1223 by the Director of Finance in the

amount of $3,179,966.94. [Included in the summary of vouchers approved in Resolution #403]

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Resolution No. 405: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

approve purchase orders as submitted by the Director of Finance.

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Paul Adams, Finance Director, presented Budget Transfers and a Budget Amendment to the

Town Board for their consideration. He stated there are a number of budget transfers to be made

and provided the following highlights: a proposed vehicle purchase for the Assessing

Department; some money was shifted around to cover police overtime because they are currently

short on staff which has increased overtime pay, however overall it is going to be budget neutral

for the year; police vehicle repairs are up; engineering consultant costs were up; and the

chemical costs at the Sewer Treatment Plant are also much more than expected. There is one

Budget Amendment to transfer approximately $474,000.00 from the Sewer Capital Reserve to

cover the cost of purchasing a flush truck which the Sewer Department has been in need of quite

some time.

After discussion by the Town Board regarding the Budget Amendment to purchase a new flush

truck for the Sewer Department, the following proposed Resolution was presented.

388

12-07-23

Webster Town Board

Resolution No. 406: MOTION by Councilwoman Cataldi, seconded by Councilman Cahill, to

utilize $237,465.00 from the Sewer Capital Reserve and $237,465.00 from the American Rescue

Plan Act (ARPA) Funds to purchase a flush truck.

Vote on motion:

Supervisor Flaherty .............Nay

Councilman Abbott .......... Nay

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Nay

Motion denied ................. 2-3

***

Resolution No. 407: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to

approve utilizing $474,930.00 from the Sewer Capital Reserve to purchase a flush truck.

Vote on motion:

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

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

Councilman Cahill ..............Nay

Councilwoman Cataldi ..... Nay

Councilwoman Nguyen ......Aye

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

***

Resolution No. 408: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

approve Budget Transfers as presented by the Director of Finance.

Budget Transfers Journal Entry #14

Effective Date 12-08-2023

Line

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

389

Account Code

A1110.20000

A1110.40004

A1220.20000

A1220.10010

A1220.40032

A1220.40140

A1110.40057

A1325.20011

A1325.40054

A1325.40067

A1110.10023

A1330.40030

A9010.80000

A1355.40019

A1355.20000

A1355.40027

A1410.40032

A1410.40030

A1430.40216

A1430.40082

A1620.40044

A1620.20014

A1620.40058

Department

Justice Court

Justice Court

Supervisor

Supervisor

Supervisor

Supervisor

Justice Court

Tech Admin & Maintenance

Tech Admin & Maintenance

Tech Admin & Maintenance

Justice Court

Tax Collection

Employees Retirement

Assessment

Assessment

Assessment

Town Clerk

Town Clerk

Personnel

Personnel

Building Maintenance

Building Maintenance

Building Maintenance

Previous

2,073.00

3,500.00

0.00

1,000.00

1,500.00

400.00

40,000.00

28,149.00

2,314.00

20,940.00

49,977.00

17,700.00

315,000.00

2,500.00

0.00

41,676.00

4,200.00

8,500.00

3,000.00

1,000.00

45,000.00

30,000.00

0.00

Changed

650.00

(650.00)

4,350.00

(1,000.00)

(600.00)

(400.00)

(2,350.00)

7,000.00

1,100.00

(5,800.00)

(2,300.00)

9,000.00

(9,000.00)

500.00

25,000.00

(25,500.00)

800.00

(800.00)

100.00

(100.00)

3,200.00

(3,200.00)

5,800.00

Amended

2,723.00

2,850.00

4,350.00

0.00

900.00

0.00

37,650.00

35,149.00

3,414.00

15,140.00

47,677.00

26,700.00

306,000.00

3,000.00

25,000.00

16,176.00

5,000.00

7,700.00

3,100.00

900.00

48,200.00

26,800.00

5,800.00

12-07-23

Webster Town Board

Line

24.

25.

26.

27.

28.

29.

30.

31.

32.

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.

390

Account Code

A1620.10060

A1620.40046

A1910.40070

A1910.40068

A1920.40236

A1989.10116

A8989.10116

A8989.20011

A8989.40053

A1989.10116

A3120.10039

A3120.10036

A3120.40004

A3120.40102

A3120.40104

A3120.40106

A3120.40124

A3120.40132

A3120.40136

A3129.20050

A9015.80000

A3410.40053

A3410.40162

A5010.20011

A5010.40035

A5010.40050

A5010.40178

A5010.40752

A6410.40202

A6510.40208

A5187.40198

A6772.10083

A6772.10084

A6772.40301

A5010.10079

A7020.10043

A7020.10087

A7020.10093

A7020.40056

A7020.40113

A7020.40212

A7020.40226

A7020.40228

A7020.40229

A7020.40234

A7020.40246

Department

Building Maintenance

Building Maintenance

Insurance

Insurance

Special Items

Cable Access

Communications

Communications

Communications

Cable Access

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Law Enforcement

Crime Proceeds

Retirement

Police

Fire Marshal

Fire Marshal

Highway Superintendent

Highway Superintendent

Highway Superintendent

Highway Superintendent

Highway Superintendent

Publicity

Veterans Expense

Intersection Lighting

Program For Aging

Program For Aging

Program For Aging

Highway Superintendent

Recreation

Recreation

Recreation

Recreation

Recreation

Recreation

Recreation

Recreation

Recreation

Recreation

Recreation

Previous

5,000.00

5,000.00

361,525.00

5,000.00

0.00

45,000.00

0.00

0.00

0.00

45,000.00

305,000.00

3,227,626.00

2,500.00

30,250.00

280.00

7,000.00

35,000.00

46,915.87

8,500.00

29,707.00

867,993.00

600.00

2,500.00

5,351.00

1,900.00

3,000.00

30,000.00

28,000.00

0.00

3,000.00

30,000.00

3,500.00

14,000.00

7,615.00

45,000.00

28,145.00

133,000.00

71,400.00

59,100.00

42,000.00

6,000.00

22,000.00

36,100.00

65,900.00

2,500.00

4,100.00

Changed Amended

(5,000.00)

0.00

(800.00)

4,200.00

1,000.00

362,525.00

(1,000.00)

4,000.00

9,750.00

9,750.00

(9,750.00)

35,250.00

15,000.00

15,000.00

1,600.00

1,600.00

200.00

200.00

(16,800.00)

28,200.00

75,000.00

380,000.00

(75,000.00) 3,152,626.00

750.00

3,250.00

5,200.00

35,450.00

100.00

380.00

1,000.00

8,000.00

24,000.00

59,000.00

1,600.00

48,515.87

200.00

8,700.00

21,000.00

50,707.00

(53,850.00) 814,143.00

150.00

750.00

(150.00)

2,350.00

1,200.00

6,551.00

600.00

2,500.00

400.00

3,400.00

500.00

30,500.00

(2,700.00)

25,300.00

500.00

500.00

350.00

3,350.00

(850.00)

29,150.00

600.00

4,100.00

4,800.00

18,800.00

1,200.00

8,815.00

(6,600.00)

38,400.00

4,500.00

32,645.00

800.00

133,800.00

22,000.00

93,400.00

8,800.00

67,900.00

2,500.00

44,500.00

1,500.00

7,500.00

3,600.00

25,600.00

4,000.00

40,100.00

15,000.00

80,900.00

200.00

2,700.00

10.00

4,110.00

12-07-23

Webster Town Board

Line

70.

71.

72.

73.

74.

75.

76.

77.

78.

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.

391

Account Code

A7020.40247

A7020.40300

A7020.10039

A7020.10088

A7020.10092

A7020.40140

A7020.40222

A7110.10102

A7110.40166

A7110.40248

A7110.40752

A7110.20064

A7110.20063

A7110.40752

A9040.80015

A8540.10039

A8540.10116

A5010.10023

A5010.20059

A9060.80030

A9060.80024

B1490.40032

B1490.40140

B1490.40166

B1490.40278

B1490.10110

B1490.10111

B1490.40048

B1490.40332

B3620.40026

B3620.40166

B8010.10073

B8010.40184

B8020.40140

B9010.80000

B9040.80015

B9030.80010

C5130.10072

C5130.40000

C5130.40305

C9060.80030

C9030.80010

D5112.10136

D5142.40055

D5148.10140

D5148.10141

Department

Recreation

Recreation

Recreation

Recreation

Recreation

Recreation

Recreation

Park Department

Park Department

Park Department

Park Department

Park Department

Park Department

Park Department

Workers Compensation

Drainage

Drainage

Highway Superintendent

Highway Superintendent

Hospitalization

Hospitalization

Public Works

Public Works

Public Works

Public Works

Public Works

Public Works

Public Works

Public Works

Building Department

Building Department

Board of Appeals

Board of Appeals

Planning Board

Retirement

Employees

Workers Compensation

Social Security

Equipment

Equipment

Equipment

Hospitalization

Social Security

Permanent Improvements

Snow Removal

Services For Other Govt’s

Services For Other Govt’s

Previous

4,000.00

4,500.00

2,500.00

80,840.00

40,000.00

60,000.00

75,000.00

47,090.00

13,000.00

107,630.00

14,000.00

18,400.00

43,253.85

14,000.00

152,000.00

50.00

46,650.00

4,700.00

15,000.00

115,000.00

340,000.00

3,200.00

2,000.00

3,000.00

47,500.00

66,208.00

177,354.00

22,560.00

7,500.00

16,500.00

1,800.00

9,064.00

800.00

900.00

85,000.00

11,200.00

61,753.00

2,550.00

2,700.00

2,000.00

5,300.00

24,000.00

127,000.00

6,200.00

227,490.00

5,500.00

Changed

300.00

600.00

(2,500.00)

(18,000.00)

(5,010.00)

(3,300.00)

(15,000.00)

2,500.00

5,600.00

863.00

1,400.00

(10,000.00)

(6,000.00)

(4,363.00)

(10,000.00)

200.00

8,000.00

(4,700.00)

(3,500.00)

2,000.00

(2,000.00)

1,000.00

600.00

900.00

60,000.00

(6,000.00)

(40,000.00)

(4,500.00)

(4,000.00)

5,000.00

400.00

2,000.00

250.00

200.00

(7,000.00)

(3,500.00)

(5,350.00)

600.00

3,600.00

10.00

1,600.00

(5,810.00)

2,600.00

100.00

22,000.00

500.00

Amended

4,300.00

5,100.00

0.00

62,840.00

34,990.00

56,700.00

60,000.00

49,590.00

18,600.00

108,493.00

15,400.00

8,400.00

37,253.85

9,637.00

142,000.00

250.00

54,650.00

0.00

11,500.00

117,000.00

338,000.00

4,200.00

2,600.00

3,900.00

107,500.00

60,208.00

137,354.00

18,060.00

3,500.00

21,500.00

2,200.00

11,064.00

1,050.00

1,100.00

78,000.00

7,700.00

56,403.00

3,150.00

6,300.00

2010.00

6,900.00

18,190.00

129,600.00

6,300.00

249,490.00

6,000.00

12-07-23

Webster Town Board

Line Account Code Department

Previous

Changed Amended

116. D5148.10144 Services For Other Govt’s

9,000.00

19,000.00

28,000.00

117. D9060.12000 Hospitalization

4,500.00

1,600.00

6,100.00

118. D9060.80030 Hospitalization

110,000.00

18,000.00

128,000.00

119. D9010.80000 Retirement – Employees

330,000.00

(29,000.00) 301,000.00

120. D9040.80015 Workers Compensation

225,000.00

(34,800.00) 190,200.00

121. E7125.40280 Parkland Trust

500.00

400.00

900.00

122. E7125.40332 Parkland Trust

5,400.00

1,400.00

6,800.00

123. E7125.20000 Parkland Trust

290,000.00

(1,800.00) 288,200.00

124. G8120.10072 Sanitary Sewer

13,500.00

500.00

14,000.00

125. G8120.20085 Sanitary Sewer

38,000.00

7,300.00

45,300.00

126. G8120.40340 Sanitary Sewer

10,000.00

1,900.00

11,900.00

127. G8120.40354 Sanitary Sewer

44,500.00

500.00

45,000.00

128. G8120.10074 Sanitary Sewer

10,000.00

(10,000.00)

0.00

129. G8130.40360 Sewage Treatment/Disposal

68,600.00

12,000.00

80,600.00

130. G8130.40368 Sewage Treatment/Disposal 128,400.00

15,000.00

143,400.00

131. G8130.40376 Sewage Treatment/Disposal

12,000.00

1,500.00

13,500.00

132. G8130.40378 Sewage Treatment/Disposal

4,100.00

500.00

4,600.00

133. G8130.40401 Sewage Treatment/Disposal

8,000.00

600.00

8,600.00

134. G8130.40420 Sewage Treatment/Disposal

6,500.00

200.00

6,700.00

135. G8130.40422 Sewage Treatment/Disposal

7,100.00

600.00

7,700.00

136. G9062.80030 Hospitalization-Collect

30,000.00

3,000.00

33,000.00

137. G8130.40372 Sewage Treatment/Disposal 424,100.00

(14,600.00) 409,500.00

138. G8130.40400 Sewage Treatment/Disposal

30,000.00

(19,000.00)

11,000.00

139. L7410.40000 Library

1,000.00

600.00

1,600.00

140. L7410.40054 Library

7,500.00

1,800.00

9,300.00

141. L7410.40100 Library

3,000.00

100.00

3,100.00

142. L7410.40510 Library

8,100.00

500.00

8,600.00

143. L7410.40529 Library

6,800.00

500.00

7,300.00

144. L7410.40536 Library

10,500.00

3,000.00

13,500.00

145. L7410.40539 Library

13,500.00

200.00

13,700.00

146. L9010.80000 Retirement – Employees

65,000.00

12,400.00

77,400.00

147. L9060.12000 Hospitalization

13,134.00

(8,100.00)

5,034.00

148. L9060.80022 Hospitalization

98,000.00

(6,000.00)

92,000.00

149. L9060.80024 Hospitalization

12,000.00

(5,000.00)

7,000.00

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Resolution No. 409: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

approve Budget Amendments as presented by the Director of Finance.

392

12-07-23

Webster Town Board

Budget Amendments Journal Entry #16

Effective Date 12/08/2023

Line Account Code Department

Previous

Changed Amended

1. G8120.20085 Sanitary Sewer

38,000.00

474,930.00

512,930.00

2. G599.40092

Appropriated Fund Balance (450,000.00) (474,930.00) (924,930.00)

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Resolution No. 410: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

close H0235 Courthouse Roof Repair Capital Project and transfer the remaining funds of

$6,199.54 to the General Townwide Fund.

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Resolution No. 411: MOTION by Councilwoman Cataldi, seconded by Councilwoman

Nguyen, to award the Bid for Webster Town Park/Land Mowing Services to Rochester Lawn

Care, Inc.

WHEREAS, on October 4, 2023 bids were advertised in the Webster Herald for Webster Town

Park/Land Mowing Services for a three (3) year contract beginning in the year 2024; and

WHEREAS, on November 8, 2023 at 11:00 a.m. prevailing time four (4) sealed bids were

publicly opened and read aloud; and

WHEREAS, the following bids were received:

Rochester Lawn Care, Inc.

• 2024 - $2,848.00 per mowing and $1,627.00 per mowing of athletic fields

• 2025 - $2,935.00 per mowing and $1,676.00 per mowing of athletic fields

• 2026 - $3,027.00 per mowing and $1,726.00 per mowing of athletic fields

Garden Grove Construction Corp.:

• 2024 - $4,060.00 per mowing and $2,225.00 per mowing of athletic fields

• 2025 - $4,060.00 per mowing and $2,225.00 per mowing of athletic fields

• 2026 - $4,060.00 per mowing and $2,225.00 per mowing of athletic fields

Ted Hosmer Enterprises

Did not provide unit pricing as instructed by the Bid Specifications.

Howies Lawn & Landscape – Bid was incomplete.

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NOW, THEREFORE, BE IT RESOLVED:

That the Bid for the Town of Webster Town Park/Land Mowing Services be awarded to

Rochester Lawn Care, Inc., 1592 Qualtrough Road, Rochester, New York 14625 and that the

Town Supervisor is authorized to sign the Bid Acceptance and Contract Award Notice.

[Contract to be filed in the Office of the Town Clerk]

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Supervisor Flaherty informed the Town Board that the approval of an Excavation and Fill Permit

for 941 Gravel Road will be tabled until December 21, 2023 as some details need to be worked

out.

Resolution No. 412: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi,

to table a Resolution to approve an Excavation and Fill Permit for 941 Gravel Road, Webster,

New York Tax ID No. 078.16-1-1.2.

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Debora Hansen appeared before the Town Board requesting a License Agreement for the

installation of a fence within a drainage easement.

Pat Stephens, Highway Superintendent, is supportive of their pursuit of a License Agreement to

install a fence within the drainage easement between the house and the existing block retaining wall.

The lot is a high point along the drainage alignment and there are already several landscaping

features built within the easement. There are no significant drainage features that will be affected by

the placement of the fence and will have no negative effects on the drainage of the overall area,

including the neighboring properties.

Resolution No. 413: MOTION by Supervisor Flaherty, seconded by Councilman Abbott,

to grant limited relief from an established easement at 261 Gallant Fox Lane, Webster,

New York.

WHEREAS, a 20+ foot wide drainage easement was granted to the Town of Webster and

recorded in the Monroe County Clerk’s Office in Liber 332 of Maps, Page 43, on and along the

rear boundary of the property at 261 Gallant Fox Lane, Town of Webster; and

WHEREAS, Joseph and Debora Hansen are the owners of the property located at 261 Gallant

Fox Lane, Town of Webster, Tax ID # 050.01-04-80; and

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WHEREAS, Joseph and Debora Hansen have applied to erect an approximately 130 linear foot

decorative black aluminum fence along, upon and within the aforesaid easement in conformance

with the height and setback requirements as set forth in the Code of the Town of Webster, and

that in the event the placement and/or height of such fence is not in such conformance, such

fence shall not be constructed unless the proper variance(s) is/are received from the Town of

Webster Zoning Board of Appeals; and

WHEREAS, the applicants have requested relief from the Webster Town Board to permit the

aforesaid four-foot-high decorative black aluminum fence to exist upon and encroach within said

easement; and

WHEREAS, the Town of Webster has the authority to grant the relief requested, and the public

good will not be harmed thereby:

NOW, THEREFORE, BE IT RESOLVED:

1. Pursuant to application of Joseph and Debora Hansen, owners of 261 Gallant Fox Lane, and

in recognition of the hardship created if the relief sought herein is not granted, the limited

detriment to the Town of Webster, and upon consideration of all relevant factors, the Webster

Town Board hereby allows the construction of the aforesaid black aluminum fence which

will exist upon and encroach upon the easement affecting 261 Gallant Fox Lane, Town of

Webster.

2. This Resolution in no way applies to any other encroachment, violations or relief sought by

the owner, his successors, grantees or assigns from any other building, structure or zoning

violation which may exist on such premises.

3. This relief is granted upon the following conditions:

A. The proposed fence shall encroach upon the said easement as proposed as shown on the

survey map prepared by McMahon LaRue Associates, P.C., 822 Holt Road, Webster,

New York 14580, last dated August 30, 2023, and shall be removable.

B. The proposed fence shall not be expanded to further encroach on or in the easement, nor

will it be moved from its permitted place within the easement as shown on the Instrument

Survey Map presented to the Town Board, and as referenced above.

C. Upon the destruction or demolition of the aforesaid fence or any part of thereof, through

natural causes or otherwise, the Owners of the fence will not reconstruct it without a

specific Resolution of the Town Board authorizing its replacement or reconstruction.

D. The Owners of the fence shall be solely responsible for any damage caused by or to the

fence as a result of the Town’s maintenance of said easement, and the Owners, their

successors and assigns further agree to indemnify, defend and hold the Town harmless

from any and all loss or damage caused to or by the fence as a result of work done by the

Town as a result of reasonable and necessary work done by the Town within said

easement.

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E. In the event of an emergency, or if the Town deems it necessary or imperative, the Town

will have the right to remove or take down all or any part of said fence, without recourse

by the Owners or their successors or assigns to such removal or taking down.

F. This Resolution shall in no way affect the rights, if any, of any other public entities or

public utilities in or to said easement.

4. The record Owners of the proposed fence and the Town of Webster will enter into a licensing

agreement incorporating all the conditions of this Resolution in form and substance as

approved by the Town Attorney, and which will further provide that the Owners, at their

expense, will record the licensing agreement in the Monroe County Clerk’s Office.

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Supervisor Flaherty stated the next Resolution was tabled two weeks ago and unfortunately will

be tabled again as the Town is still working through some details on the purchase of 600 Ridge

Road.

Resolution No. 414: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

table a Resolution authorizing the Town Supervisor to sign a contract to obtain title work/owners

insurance policy for 600 Ridge Road from Frontier Abstract at a cost not to exceed $1,500.00.

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

At 8:10 p.m. Councilman Cahill called for an Executive Session.

Resolution No. 415: MOTION by Councilman Cahill, seconded by Supervisor Flaherty, to

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

discuss the medical, financial, credit or employment history of a particular person or corporation,

or matters leading to the appointment, employment, promotion, demotion, discipline, suspension,

dismissal or removal of a particular person or corporation.

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)(f) to discuss the medical, financial, credit or employment history of a

particular person or corporation, or matters leading to the appointment, employment, promotion,

demotion, discipline, suspension, dismissal or removal of a particular person or corporation; and

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

Adams, Finance Director and Russ Ziskind, Webster resident/CEO of North Onondaga

Volunteer Ambulance.

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Resolution No. 416: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

return to Regular Session at 9:08 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

9:08 p.m.

___________________________

Dorothy M. Maguire, Town Clerk

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End of document