Town Board Meeting
Town Board Minutes 2023.11.16

Minutes

November 16, 2023 · 16 min read · extracted text · View original

Webster Town Board

November 16, 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 ........................................................................... Ginny L. Nguyen

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

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

Absent:

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

Department Heads Present:

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

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

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

Supervisor Flaherty led the Pledge of Allegiance to the Flag.

***

The meeting was open to the floor for public comment.

John Fedkew, Webster resident: I just wanted to talk a little bit about what is going on with the

Webster Cable Access Channel. I myself have been involved with the Webster Cable Channel

for forty years. My church has been broadcasting on that channel for that entire time. We

started off once a month and for over twenty years we have been on every Sunday at noon. I

know there is no way of quantifying how many people are watching the service, but I know from

talking with Karen and talking with Mike before Karen, that if our service is not on, they get

phone calls. There are a lot of shut-ins and there are people in the nursing homes that do not

have anything to do with technology. They do not have a computer and they do not have a

smartphone. They will not be able to go on to the live stream to watch the services, not just mine

but all the other churches within the Webster area that are broadcast as well. There are people

that watch the Town Board meeting. They may not have the Internet; they may not have access

to YouTube or be able to get to the links using a computer. So, those people are going to be

missing out on the opportunity to view this meeting itself, not to mention the Sunday services.

So, I am concerned that without the channel being open, there is going to be a portion of people

that are going to be neglected. They are going to be forgotten by this. I also realized that there

are franchise fees that the Town receives. If you do not broadcast services, those franchise fees

are going to decrease significantly. I am curious as to how that revenue would be made up. I

know it is all part of the Town Budget but if you lose say $400,000.00, where is that going to

come from. That is revenue that you potentially could be losing by shutting down the station. I

saw your letter on the website. It said over the next period of time you will be fielding calls or

taking emails, but my question is what period of time are you considering receiving people's

feedback, and how many people is it going to take for the station to remain open?

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Webster Town Board

Supervisor Flaherty responded to Mr. Fedkew’s questions by stating that it is a fluid situation.

The Town Board is analyzing right now whether to have a current employee obtain the proper

credentials to do the programming on Public Access Cable 1303. He is uncertain how much

time will be given for people to contact the Town but feels they will have sufficient time to call

or email. He stated the franchise fees the Town of Webster government receives from Spectrum

Cable have nothing to do with whether the Town has a Spectrum Channel 1303 Public Access or

not. He stated the $400,000.00 referenced by Mr.Fedkew, has decreased annually by about 20%

over the last five years while Channel 1303 has been on along with probably another 500 Cable

Channels where people watch other shows. This is the reality of Cable TV in 2023 as we enter

2024. Translation, the number of subscribers in Webster to Spectrum Cable is decreasing. That

has nothing to do with the actions or lack of action of the Town of Webster government. That is

just the open market. He wants to make all aware that the franchise fees that the Town of

Webster brings in, will really have no direct relation to whether the Town Board starts

programming back the 168 hours on Channel 1303 Public Access or not because Spectrum still

has their subscribers who have the other 500 channels in their basic package or their extended

packages. He thanked Mr. Fedkew for his comments and stated that the Town Board will be

keeping a watchful eye on those phone calls and emails that come in and being sensitive to the

people that do not have the other means of communications such as Facebook live or YouTube

or the Town Website.

***

Resolution No. 392: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to

approve the November 2, 2023 Town Board Minutes as submitted by the Town Clerk.

Vote on motion:

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

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

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

Councilwoman Nguyen .... Aye

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

***

Resolution No. 393: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

approve the November 9, 2023 Workshop Minutes as submitted by the Town Clerk.

Vote on motion:

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

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

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

Councilwoman Nguyen .... Aye

Motion carried ..................... 3-0-1

***

Resolution No. 394: MOTION by Councilwoman Nguyen, seconded by Councilman Cahill, to

approve the bills as submitted in Warrant #1123A by the Director of Finance.

Fund

General (A,B) CL #8752-8915

Highway (C,D)

Sewer (G)

Library (L)

Drainage Districts (M)

Park Districts (P)

Parkland (E)

382

Inside

105,381.19

32,662.83

15,641.66

77,327.53

680.00

7,076.00

900.00

Outside

45,310.01

246.79

45,074.89

5,496.41

0.00

59.53

1,716.00

Total

150,691.20

32,909.62

60,716.55

82,823.94

680.00

7,135.53

2,616.00

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Webster Town Board

Fund

Water Districts (R) (R/SW)

Special Districts (N,Q,S)

Sewer Districts (J)

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

Capital Projects (H) #164-173

H213 SB Waterfront Park Design

H231 WWTP Upgrade Phase II

H232 Highway Garage Building

H237 Coca-Cola fairlife

TOTAL

Vote on motion:

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

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

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

Inside

0.00

3,880.00

0.00

0.00

Outside

148.50

2,339.51

748.00

255,689.65

Total

148.50

6,219.51

748.00

255,689.65

5,310.00

0.00

628,610.46

22,261.85

899,731.52

0.00

20,187.50

34,531.00

0.00

411,547.79

5,310.00

20,187.50

663,141.46

22,261.85

1,311,279.31

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

Councilwoman Nguyen .... Aye

***

Resolution No. 395: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

approve the prepaid vouchers included in Warrant #1123A by the Director of Finance in the

amount of $411,547.79. [Included in the summary of vouchers approved in Resolution #394]

Vote on motion:

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

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

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

Councilwoman Nguyen .... Aye

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

***

Resolution No. 396: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

approve purchase orders as submitted by the Director of Finance.

Vote on motion:

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

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

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

Councilwoman Nguyen .... Aye

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

***

Supervisor Flaherty stated he was going to make a motion to table the next Resolution until

December 7, 2013 and provided the following explanation.

On Tuesday, the Monroe County Legislature approved the sale of 600 Ridge Road to the Town

of Webster for $1.00. The Town does not have the deed structure in their possession yet. The

type of deed from Monroe County will make a difference on what type of title work and title

insurance policy the Town will receive from Frontier Abstract. In addition, the Town Attorney

would not be able to advocate the Town Board to sign as the buyer until such time that the

Cooperation Agreement between various State and Municipal Parties has been signed by the

Office of the State Comptroller, Administrator of the Oil Spill Fund.

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Webster Town Board

Resolution No. 397: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, 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 Nguyen .... Aye

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

***

The Town Board considered the following Resolution.

Resolution No. 398: MOTION by Councilman Abbott, seconded by Councilman Cahill, to

authorize the Town Supervisor to execute an Amendment to the Energy Performance Contract

with Navitas, LLC for improvements to the Town Water Pollution Control Facilities.

WHEREAS, on June 15, 2023, by Resolution #209 of 2023, the Town Board of the Town of

Webster authorized the Town Supervisor to enter into an agreement with Navitas, LLC to

implement an energy performance contract in the amount of Forty Million Two Hundred

Twenty-Five Thousand One Hundred Forty-Seven Thousand Dollars ($40,225,147.00) which is

compliant with Article 9 of the New York State Energy Law; and

WHEREAS, as the Town of Webster Sewer Department reviewed the scope of the work to be

done by Navitas, and the costs thereof, and both the Town representatives and Navitas agree that

further additions to the original scope of work and materials as approved in the June contract

required an amendment to that prior contract for such work and materials, as well as a modified

construction schedule with relative changes to the costs of the construction, which amendment

document is attached hereto along with the following Exhibits “B – SCOPE OF WORK,” “B.1

DRAWINGS”, “B.3 – MATERIAL AND EQUIPMENT ALLOWANCES”, “B.4 –

DISPOSITION OF EQUIPMENT AND MATERIALS REMOVED FROM PROJECT SITE,”

“B.5 – BASIS OF PLANT OPERATIONS”, “C – PROJECT CONSTRUCTION SCHEDULE”,

and “D – PERFORMANCE GUARANTEE, MEASUREMENT AND VERIFICATION PLAN

AND OPTIMIZATION SERVICES”, each of which supersede (and/or add to) the respective

Exhibits attached to the previous (June 2023) Agreement; and

WHEREAS, the additional cost for such amendment and services to be rendered and materials to

be purchased will be Twenty Million Six Hundred Ninety-five Thousand Seven Hundred

($20,695,700.00), which amount was included and anticipated as part of and in the Bond

Resolution approved by the Town Board by Resolution No. 264 of 2023 on July 27, 2023; and

WHEREAS, the Town and Navitas had entered into a contract for materials and services to

implement an innovative energy focused design for the Town’s Wastewater Treatment Facility

upgrade; and

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Webster Town Board

WHEREAS, the Town and Navitas, LLC have reached an agreement amending the original

contract, which amendment will cost a total of Twenty Million Six Hundred Ninety-five

Thousand Seven Hundred ($20,695,700.00), in addition to the original Forty Million Two

Hundred Twenty-Five Thousand One Hundred Forty-Seven Thousand Dollars ($40,225,147.00)

already approved, which previously approved costs were, and additional costs, are, deemed

necessary to upgrade and renew the Town’s Facilities in full compliance with Article 9 of New

York State Energy Law, for a total cost of $60,920,847.00; and

WHEREAS, the Town and Navitas have agreed to amend the Agreement previously entered into,

which amendment is deemed necessary and appropriate by the Town and Navitas, and was fiscally

anticipated by the Town Board:

NOW THEREFORE, in consideration of the foregoing, be it RESOLVED:

That the Town Board of the Town of Webster authorizes and directs the Town Supervisor to

execute on behalf of the Town an amendment to the original agreement with Navitas, LLC in the

amount of Forty Million Two Hundred Twenty-Five Thousand One Hundred Forty-Seven

Thousand Dollars ($40,225,147.00) which amendment will change, as being necessary, certain

work, scheduling of work, and materials to be purchased and received to continue implementing

energy performance compliant with Article 9 of the New York State Energy Law which original

contract, this amendment and Exhibits thereto are on file with the Town Clerk.

The cost of the services and materials affected by this amendment is expected to be Twenty

Million Six Hundred Ninety-Five Thousand Seven Hundred ($20,695,700.00).

[Contract, Amendments and Exhibits to be filed in the Town Clerk’s Office]

Vote on motion:

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

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

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

Councilwoman Nguyen .... Aye

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

***

A letter from Pat Stephens, Highway Superintendent, was presented to the Town Board stating

that he had reviewed a Fill Permit for 425 Basket Road. The property owner currently has a

subdivision and site plan application submitted to the Town of Webster to develop two single

family residential lots. The property owner wishes to truck in 100 CY of fill needed to

accomplish grading of the lots.

Resolution No. 399: MOTION by Councilman Abbott, seconded by Councilwoman Nguyen, to

approve the issuance of an Excavation and Fill Permit pursuant to Section 201 of the Webster

Town Code for property owned by WSP Family Holdings LLC located at 425 Basket Road with

the following conditions:

•

•

•

•

385

Construct and maintain a construction entrance to NYSDEC standards.

Clean roadway daily.

Install silt fence and any other necessary NYSDEC “Best Management Practices” as

needed to prevent erosion and sedimentation.

Be prepared to handle dust by having a water truck on call. Any dust issues must be

addressed within hours of being identified.

11-16-23

Webster Town Board

•

•

•

•

•

Seed and stabilize within two weeks of completed filling.

Comply with the Town of Webster Noise Ordinance.

Owner is responsible for any road damage caused by the fill operation.

Allow Town access during the project to review site and progress.

Any deviations from the approved plan to be submitted to the Town for its review and

approval. This includes a change in the volume of fill or fill properties proposed to be

brought on site.

• If project appears to adversely affect surrounding properties, stop work and contact Town

to reevaluate plan.

Vote on motion:

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

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

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

Councilwoman Nguyen .... Aye

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

***

Resolution No. 400: MOTION by Councilman Abbott, seconded by Councilwoman Nguyen, to

declare the following item for auction from the Highway Department:

Wacher Plate Temper Asset Tag #2420

Vote on motion:

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

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

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

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

Councilwoman Nguyen .... Aye

***

Resolution No. 401: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

declare the following items for recycling from the Sewer Department:

Boiler (H.B. Smith) from Administrative Building Asset Tag #2420

A/C Unit

Asset Tag #04012

Makita Drill

Asset Tag #02522

Johnson Controls HVAC Control Panel

No Asset Tag

Vote on motion:

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

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

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

Councilwoman Nguyen .... Aye

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

***

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

7:47 p.m.

___________________________

Dorothy M. Maguire, Town Clerk

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11-16-23

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