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
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
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
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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