Town Board Meeting
Town Board Minutes 2023.11.02

Minutes

November 2, 2023 · 38 min read · extracted text · View original

Webster Town Board

November 2, 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

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

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

Parks and Recreation Director ............................................................ Chris Bilow

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. 376: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

approve the October 19, 2023 Town Board Minutes as submitted by 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

***

Resolution No. 377: MOTION by Councilwoman Nguyen, seconded by Councilman Cahill, to

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

Fund

General (A,B) CL #8559-8751

Highway (C,D)

Sewer (G)

Library (L)

Drainage Districts (M)

Park Districts (P)

Parkland (E)

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

Capital Projects (H) #149-163

H213 SB Waterfront Park Design

H220 WWTP Improvement

364

Inside

62,056.66

264,143.63

13,806.90

3,770.88

1,880.50

2,210.00

0.00

0.00

Outside

218,577.66

62,087.74

18,839.03

10,538.28

3,071.92

0.00

1,691.38

229,127.70

Total

280,634.32

326,231.37

32,645.93

14,309.16

4,952.42

2,210.00

1,691.38

229,127.70

322,996.91

28,699.05

0.00

0.00

322,996.91

28,699.05

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Webster Town Board

Fund

H223 Lake Rd WE Drainage MO56

H224 Sandbar Shoreline Prot.MO59

H226 Lake Rd. Pump Station MO65

H230 Sandbar Flood Wall MO78

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

32,707.67

36,067.98

1,764.34

137,867.40

1,030,946.51

102,189.33

21,717.90

2,062,825.66

Outside

0.00

0.00

0.00

0.00

0.00

0.00

0.00

543,933.71

Total

32,707.67

36,067.98

1,764.34

137,867.40

1,030,946.51

102,189.33

21,717.90

2,606,759.37

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

Councilwoman Cataldi ..... Aye

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

***

Resolution No. 378: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

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

amount of $543,933.71. [Included in the summary of vouchers approved in Resolution #377]

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Resolution No. 379: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, 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 the Town Board with a revised Investment Policy. He

stated there were a few minor changes. The Town recently closed on a Bond Anticipation Note

for a large sum money to fund various Capital Projects. With the additional funds to be invested,

the Investment Policy needed to be revised in order to stay in compliance. The maximum dollar

deposit limits are being increased at several of the designated financial institutions.

Resolution No. 380: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

adopt the revised Town of Webster Investment Policy as presented by the Director of Finance.

TOWN OF WEBSTER INVESTMENT POLICY

I.

SCOPE

This investment policy applies to all money and other financial resources available for

investment on the Town’s behalf or on behalf of any other entity or individual.

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II.

OBJECTIVES

The primary objectives of the local government’s investment activities are, in priority

order,

III.

•

To conform with all applicable federal, state and other legal requirements (legal);

•

To adequately safeguard principal (safety);

•

To provide sufficient liquidity to meet all operating requirements (liquidity); and

•

To obtain a reasonable rate of return (yield).

DELEGATION OF AUTHORITY

The Town Board’s responsibility for administration of the investment program is

delegated to the Town Supervisor and Director of Finance who shall establish written

procedures for the operation of the investment program consistent with these investment

guidelines. Such procedures shall include an adequate internal control structure to

provide a satisfactory level of accountability based on a database or records incorporating

description and amounts of investments, transaction dates, and other relevant information

and regulate the activities of subordinate employees.

IV.

PRUDENCE

All participants in the investment process shall seek to act responsibly as custodians of

the public trust and shall avoid any transaction that might impair public confidence in the

Town of Webster government to govern effectively.

Investments shall be made with judgment and care, under circumstances then prevailing,

which persons of prudence discretion and intelligence exercise in the management of

their own affairs, not for speculation, but for investment, considering the safety of the

principal as well as the probable income to be derived.

All participants involved in the investment process shall refrain from personal business

activity that could conflict with proper execution of the investment program, or which

would impair their ability to make impartial investment decisions.

V.

DIVERSIFICATION

It is the policy of the Town of Webster to diversify its deposits and investments by

financial institution, by investment instrument, and by maturity scheduling.

VI.

INTERNAL CONTROLS

The Town of Webster requires that all money collected by an officer or employee of the

Town be transferred to the Finance Department within five (5) business days or within

the time period specified by law, whichever is shorter.

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The Town Supervisor and Director of Finance are responsible for establishing and

maintaining an internal control structure to provide reasonable, but not absolute,

assurance that deposits and investments are safeguarded against loss from unauthorized

use or disposition, that transactions are executed in accordance with management’s

authorization, recorded properly and are managed in compliance with applicable laws and

regulations.

VII.

DESIGNATION OF DEPOSITARIES

The banks and trust companies authorized for the deposit of monies up to the maximum

amounts are:

Depository Name

M & T Bank

JPMorgan Chase Bank

NYCLASS

Wilmington Trust

Canandaigua National Bank

Bank of America

Citizens Bank

Evans Bank

Key Bank

New York Liquid Asset Fund

Maximum Amount

$75 Million

$75 Million

$75 Million

$75 Million

$25 Million

$25 Million

$25 Million

$25 Million

$25 Million

$25 Million

VIII. COLLATERALIZING OF DEPOSITS

In accordance with the provisions of General Municipal Law, § 10, all deposits of the

Town of Webster, including certificates of deposit and special time deposits, in excess of

the amount insured under the provisions of the Federal Deposit Insurance act shall be

secured:

1. By a pledge of “eligible securities” with an aggregated “market value” as provided by

GML § 10, equal to the aggregate amount of deposits form the categories designated

in Appendix A to the policy.

2. By an eligible surety bond payable to the government for an amount at least equal to

100% of the aggregate amount of deposits and the agreed upon interest, if any,

executed by an insurance company authorized to do business in New York State,

whose claims-paying ability is rated in the highest rating category by at least two

nationally recognized statistical rating organizations.

3. An “Irrevocable Letter of Credit” issued in favor of Town of Webster by the Federal

Home Loan Bank whose commercial paper and other unsecured short-term debt

obligations are rated in the highest rating category by at least one nationally

recognized statistical rating organization, as security for the payment of 100 percent

of the aggregate amount of the deposits and the agreed –upon interest, if any.

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IX.

SAFEKEEPING AND COLLATERALIZATION

Eligible securities used for collateralizing deposits shall be held by the depository and/or

a third-party bank or trust company subject to security and custodial agreements. The

security agreement shall provide that eligible securities are being pledged to secure local

government deposits together with agreed upon interest, if any, and any costs or expenses

arising out of the collection of such deposits upon default. It shall also provide the

conditions under which the securities may be sold, presented for payment, substituted or

released and the events which will enable the local government to exercise its right

against the pledged securities.

In the event the securities are not registered, or inscribed in the name of the local

government, such securities shall be delivered in a form suitable for transfer or with an

assignment in blank to the Town of Webster or its custodial bank.

The custodial agreement shall provide that securities held by the bank or trust company,

or agent of and custodian for the local government, will be kept separate and apart from

the general assets of the custodial bank or trust company and will not, in any

circumstances, be commingled with or become part of the backing for any other deposit

or other liabilities. The agreement should also describe that the custodian shall confirm

the receipt, substitution or release of the securities. The agreement shall provide for the

frequency of revaluation of eligible securities and for the substitution of securities when a

change in the rating of a security may cause ineligibility. Such an agreement shall

include all provisions necessary to provide the local government a perfected interest in

the securities.

X.

PERMITTED INVESTMENTS

As authorized by General Municipal Law, § 11, the Town Board of the Town of Webster

authorizes the Supervisor to invest moneys not required for immediate expenditure for

terms not to exceed its projected cash flow needs in the following types of investments:

•

Special time deposit accounts;

•

Certificates of deposit;

•

•

Obligations of the United State of America;

Obligations guaranteed by agencies of the United States of America where the

payment of principal and interest are guaranteed by the United States of America;

Obligations of the State of New York;

•

368

•

Obligations issued pursuant to LFL § 24.00 or 25.00 (with approval of the State

Comptroller) by any municipality, school district or district corporation other than the

Town of Webster;

•

Obligations of this local government, but only with any moneys in a reserve fund

established pursuant to GML § 6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-l, 6-m, or 6-n.

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All investment obligations shall be payable or redeemable at the option of the Town of

Webster within such times as the proceeds will be needed to meet expenditures for

purposes for which the moneys were provided and, in the case of obligations purchased

with the proceeds of bonds or notes, shall be payable or redeemable at the option of the

Town of Webster within two (2) years of the date of purchase. (Refer to Appendix A –

Schedule of Eligible Securities)

XI.

AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS

The Town of Webster shall maintain a list of financial institutions and dealers approved

for investment purposes and establish appropriate limits to the amount of investments

which can be made with each financial institution or dealer. All financial institutions

with which the local government conducts business must be creditworthy. Banks shall

provide their most recent Consolidated Report of Condition (Call Report) at the request

of the Town of Webster. Security dealers not affiliated with the bank shall be required to

be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as

primary dealers. The Town Supervisor and Director of Finance are responsible for

evaluating the financial position and maintaining a listing of proposed depositaries,

trading partners and custodians. Such listing shall be evaluated at least annually.

XII.

PURCHASE OF INVESTMENTS

The Town Supervisor and Director of Finance are authorized to contract for the purchase

of investments:

1. Directly, including through a repurchase agreement, from an authorized trading

partner.

2. By participation in a cooperative investment program with another authorized

governmental entity pursuant to Article 5G of the General Municipal Law where such

program meets all the requirements set forth in the Office of the State Comptroller

Opinion No. 88-46, and the specific program has been authorized by the governing

board.

3. By utilizing an ongoing investment program with an authorized trading partner

pursuant to a contract authorized by the governing board.

All purchase obligations, unless registered or inscribed in the name of the Town of

Webster, shall be purchased through, delivered to and held in the custody of the bank or

trust company. Such obligations shall be purchased, sold or presented for redemption or

payment by such bank or trust company only in accordance with prior written

authorization from the officer authorized to make the investment. All such transactions

shall be confirmed in writing to the Town of Webster by the bank or trust company. Any

obligation held in the custody of a bank or trust company shall be held pursuant to a

written custodial agreement as described in General Municipal Law, § 10.

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The custodial agreement shall provide that the securities held by the bank or trust

company, as agent of and custodian for, the local government, will be kept separate and

apart from the general assets of the custodial bank or trust company and will not, in any

circumstances, be commingled with or become part of the backing for any other deposit

or other liabilities. The agreement shall describe how the custodian shall confirm the

receipt and release of the securities. Such an agreement shall include all provisions

necessary to provide the Town of Webster a perfected interest in the securities.

XIII. REPURCHASE AGREEMENTS

Repurchase agreements are authorized subject to the following restrictions:

•

All repurchase agreements must be entered into subject to a Master Repurchase

Agreement.

•

Trading partners are limited to banks or trust companies authorized to do business in

New York State and primary reporting dealers.

•

Obligations shall be limited to obligations of the United States of America and

obligations guaranteed by agencies of the United States of America.

•

No substitution of securities will be allowed.

• The custodian shall be a party other than the trading partner.

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, reported that the Parks and Recreation Center’s Pickleball and

Tennis Court Renovation Project, funded by the Parkland Trust Fund, is complete. The total cost

of the Project was $144,000.00. There is a small balance remaining after the completion of the

Project which needs to be returned to the Parkland Trust Fund.

Resolution No. 381: MOTION by Councilman Abbott, seconded by Councilwoman Cataldi, to

approve the closure of Capital Project H0236 Recreation Center Pickleball and Tennis Court

Renovation and to transfer the balance of unspent funds in the amount of Nine Hundred EightySix Dollars and Thirty-Five Cents ($986.35) to the Parkland Trust Fund.

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Chris Bilow, Parks and Recreation Director, appeared before the Town Board. Vermont

Systems, providing the current registration system for Parks and Recreation, notified him that as

of June 2024, the credit card processing holder will have to be changed. There were only two

vendor options for credit card processing that work with Vermont Systems and with Parks and

Recreation’s registration system. Both vendors were contacted and one of them actually

happened to be an offshoot/branch of Vermont Systems. In obtaining a quote, a six-month

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snapshot of the Parks and Recreation credit card purchases was provided. Based on the sixmonth average, and if the Town enters into an agreement effective January 2024, an annual

savings of $15,000.00 to $19,000.00 could be realized.

Resolution No. 382: MOTION by Councilman Abbott, seconded by Councilman Cahill, to

approve and authorize the Town Supervisor to sign a PayTrac Payment Services Agreement and

Addendums with RecTrac, LLC d/b/a Vermont Systems to provide credit card processing

services for the Town of Webster Parks and Recreation Department.

[Agreement and Addendums 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

***

Resolution No. 383: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

establish itself as Lead Agency under SEQRA for the acquisition of 600 Ridge Road for the

purpose of environmental testing and redevelopment and to declare no significant adverse impact

on the environment.

WHEREAS, the Town of Webster, as part of its West Webster Hamlet Revitalization Plan, is

considering a proposed redevelopment of real property located on the northwest corner of [Old]

Ridge Road (Route 404), and Gravel Road in the area formerly known as the Hamlet of West

Webster, east of Bay Road and north of Empire Boulevard consisting of a total of 0.25± acre,

known as Tax Account Number 078.20-1-11, which property has been repeatedly offered for

sale by the County of Monroe at tax foreclosure proceedings over the past 14 years with no

buyers; and

WHEREAS, the Town has been in communication with the County of Monroe regarding

rehabilitation of the property at 600 Ridge Road in the Town of Webster for many years; and

WHEREAS, in October 2022, the Town of Webster and Monroe County entered into an

Intermunicipal Agreement to facilitate access for the environmental testing of such property; and

WHEREAS, a Phase II Environmental Site Assessment (ESA) took place between November

2022, and January 2023, the results of which were reported to the Town Board, and then to the

public at a public information hearing at Spry Middle School on April 13, 2023; and

WHEREAS, the last such tax foreclosure (in rem) sale took place on September 26, 2023, and no

buyers offered to purchase the property, and the County of Monroe is only willing to take title

thereto if it immediately conveys it to the Town of Webster; and

WHEREAS, the Town Board of Webster, by Resolution No. 353 of October 5, 2023, authorized

the Supervisor to enter into an agreement with Day Engineering for the purpose of conducting a

Phase I Environmental Site Assessment of 600 Ridge Road; and

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WHEREAS, the Town Board of Webster, by Resolution No. 355 of October 5, 2023, authorized

the Supervisor to sign and send a Letter of Intent to the County of Monroe regarding acceptance

of a transfer of the property at 600 Ridge Road to the Town of Webster for the purposes of

rehabilitation and development; and

WHEREAS, the Town of Webster intends to consider rehabilitation of the property at 600 Ridge

Road in connection with the aforesaid West Webster Hamlet Revitalization Plan, and has

evinced an interest in purchasing the property, and in connection with such interest, has

entertained a proposal to finance the further environmental review and assessment of the

property prior to possibly taking title. This environmental review will be conducted by

consultants and engineers to comply with the State Environmental Quality Review Act

(“SEQRA”); and

WHEREAS, pursuant to the Notice annexed hereto, in accordance with the provisions of 6

NYCRR Part 617, the Town Board of the Town of Webster intends to serve as Lead Agency for

the SEQRA review of this Unlisted Action, and, in this capacity will determine if the proposed

action will have a significant effect on the environment; and

WHEREAS, by Resolution No. 354 of 2023, on October 5, 2023, the Town Board declared its

intention to serve as Lead Agency for the development and rehabilitation Plan herein; and

WHEREAS, the Town of Webster Town Board sent letters and Part 1 of a Full Environmental

Assessment Form (FEAF) to other potential “Interested Agencies” and “Involved Agencies” (as

these terms are defined in the SEQRA Regulations found at 6 NYCRR Part 617.2) and to

complete a coordinated review and of the proposed development and rehabilitation Plan; and

WHEREAS, “hard” copies of the coordinated review materials were sent to Interested and

Involved Agencies on October 6, 2023 to ensure that the documents were received; and

WHEREAS, responses from Interested and Involved Agencies were requested, and each of the

potentially Interested and Involved Agencies have agreed to or raised no objection to the Town

of Webster Town Board serving as the Lead Agency for the proposed development and

rehabilitation Plan; and

WHEREAS, pursuant to the SEQRA Regulations, the Town of Webster Town Board will

consider the significance of the potential environmental impacts of the proposed development

and Plan by (a) using the criteria specified in Section 617.7 of the SEQRA Regulations and (b)

examining the FEAF for the proposed development and rehabilitation Plan, including the facts

and conclusions in Parts 1, 2, and 3 of the SEAF, together with other available supporting

information, to identify the relevant areas of environmental concern and otherwise undertake a

coordinated review of this action; and

WHEREAS, the “Lead Agency” will undertake a coordinated review of this action under the

SEQRA:

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NOW, THEREFORE, BE IT RESOLVED:

1. That the Town of Webster Town Board hereby establishes itself as the Lead Agency for the

proposed development and rehabilitation Plan for 600 Ridge Road in the Town of Webster.

2. The Town Board declares that, based on Parts 1 and 2 of the SEAF which have been

completed, the project will not have a significant adverse impact on the environment. A

Negative Declaration under SEQRA is therefore issued for this project, and the Town

Supervisor is hereby authorized and directed to prepare and issue, on behalf of the Town, the

Negative Declaration as set forth in Part 3 of the SEAF.

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Resolution No. 384: MOTION by Councilwoman Cataldi, seconded by Councilman Abbott, to

approve and authorize the Town Supervisor to sign a Cooperation Agreement with the New York

State Department of Conservation, Office of the State Comptroller-New York Environmental

Protection and Spill Compensation Fund, Monroe County and the Webster Economic

Development Alliance regarding 600 Ridge Road.

WHEREAS, the former Webster Furniture Strippers property, located at 600 Ridge Road, in the

Town of Webster, County of Monroe, is an abandoned site, and has sat vacant for several years;

and

WHEREAS, the property has been offered at the County’s tax foreclosure sales since 2016 with

no bids received; and

WHEREAS, the property was subject to numerous New York State Department of Environmental

Conservation Notices of Violation in the 1900’s and early 2000’s, and had documented uses of

hazardous substances on-site; and

WHEREAS, Monroe County, pursuant to Environmental Conservation Law § 56-0508 , as a taxing

district, moved for an order in a tax foreclosure proceeding to grant the County temporary incidents

of ownership for the purpose of entering the property to conduct an environmental restoration

investigation project, including a Phase II Site Assessment; and

WHEREAS, in conjunction with the Order, the Town and County entered into an Inter-Municipal

Agreement in October 2022 by which the Town of Webster reimbursed the County for the cost of

the Phase II Site Assessment; and

WHEREAS, the Town of Webster seeks to acquire the property for the purpose of obtaining local

control to allow for additional environmental testing to be performed and to pursue funding for

remediation, if required; and

WHEREAS, the Town of Webster’s overall goal is to better position the property for private

redevelopment, or if necessary, Town redevelopment, and to support the current revitalization

efforts in the West Webster Hamlet area; and

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WHEREAS, the Town unanimously passed a Resolution on October 5, 2023, confirming its

intent to accept title to the property, and purchase the property from the Monroe County for

consideration of $1.00; and

WHEREAS, there are State and Municipal Parties that have a shared interest in ensuring that any

environmental issues associated with the property do not interfere with the return of the property

to the tax rolls and to the productive use, and that such issues are timely and appropriately

addressed in order to protect public health and the environment; and

WHEREAS, it is in the interest of the State and Municipal Parties to assist in the return of

600 Ridge Road to the tax rolls:

NOW, THEREFORE, BE IT RESOLVED:

That the Town Board of Webster approves and authorizes the Town Supervisor to sign a

Cooperation Agreement with the New York State Department of Conservation, Office of the

State Comptroller-New York Environmental Protection and Spill Compensation Fund, Monroe

County and the Webster Economic Development Alliance for mutually agreed principals as set

forth in said Agreement for 600 Ridge Road, the former Webster Furniture Strippers property.

[Cooperation Agreement 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

***

Resolution No. 385: MOTION by Councilman Abbott, seconded by Councilman Cahill to

authorize the Town Supervisor to accept real property located at 600 Ridge Road from Monroe

County for One Dollar ($1.00).

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Supervisor Flaherty shared that last Tuesday a ribbon cutting was held for Phase I of the Sandbar

Park Project. Phase I included the lifting of Lake Road and moving it over toward Lake Ontario

away from the Irondequoit Bay. It also included construction of the break wall, the water

retention wall, a shade structure, landscaping, playgrounds, kayak launch and a boat dock. When

the Town bonded for the Project in November of 2021, it included three phases. When the Town

solicited bids for the Project, only Phase I was included with construction to take place in 2022

and 2023. Phase II is the construction of a proposed Education Center that will be located at the

East End of Irondequoit Bay. To start the process, proposals need to be obtained from design

firms. In the last couple of weeks Town members have met with representatives from the

Webster Central School District, Webster Library and Webster Museum for ideas and insight.

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Resolution No. 386: MOTION by Supervisor Flaherty, seconded by Councilman Abbott to

solicit Requests for Proposals for the Professional Design and Permitting Services for Phase II of

Sandbar Park Environmental Education Area.

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Pat Stephens, Highway Superintendent, appeared before the Town Board and presented

Addendum No. 2 to the Agreement with Monroe County Water and Soil Conservation

(MCSWCD) for the Finn Park Stormwater Flood Mitigation Facility. The Project has been

going on for quite some time. The Town’s contribution has been larger than expected and was

discussed at a past Town Board workshop. This information was communicated to MCSWCD

and they have agreed to provide additional funding to the Town of Webster.

Resolution No. 387: MOTION by Councilwoman Cataldi, seconded by Councilman Abbott, to

approve and authorize the Town Supervisor to sign Addendum #2 amending the Cooperative

Agreement between the Town of Webster and Monroe County Water and Soil Conservation

District.

WHEREAS, on May 4, 2017 by Resolution No. 152 the Town Board of Webster authorized the

Supervisor to sign a Cooperative Agreement with the Monroe County Soil and Water

Conservation District (MCSWCD) for construction of a Regional Stormwater Facility in the

Town of Webster’s Finn Park located at 850 Maple Drive and restoration of a 700 foot section of

stream located at the Thomas High School Campus located at 800 Five Mile Line Road; and

WHEREAS, the purposes of the projects were to restore or retrofit high priority watershed areas

within Shipbuilders Creek Watershed to reduce pollutant loads to local impaired waterbodies

while demonstrating the multiple benefits of the projects to local residents; and

WHEREAS, MCSWCD would provide funds to the Town of Webster to assist with costs for the

proposed construction of the Regional Stormwater Facility and the Stream Restoration; and

WHEREAS, the term of the Agreement commenced on May 4, 2017 and terminated on

December 31, 2019; and

WHEREAS, by Addendum No. 1, dated March 31, 2020, the term of the Agreement was

amended to May 4, 2017 to October 31, 2021 and all other terms and conditions remained the

same:

NOW, THEREFORE, BE IT RESOLVED:

1. That the Town Board approves and authorizes the Town Supervisor to sign Addendum No. 2

to the Cooperative Agreement with MCSWCD by amending the term to May 4, 2017 to

October 31, 2024, and increasing the dollar amount indicated in the Agreement by SixtyThree Thousand ($63,000.00) to a sum not to exceed Four Hundred Fifty-Six Thousand

Three Hundred Eighty-One Dollars ($456,381.00).

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2. It is further agreed that construction completion dates are amended to October 18, 2024 and

deadline dates for receipt of all documentation of expenses and receipts are amended to

October 31, 2024.

[Addendum #2 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

***

Resolution No. 388: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

accept a self-Guaranty Agreement from the Coca Cola Company in lieu of a traditional Letter of

Credit associated with the construction of the fairlife, LLC Project.

[Guaranty Agreement to be filed in 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

***

Representatives from Fisher Auto Parts appeared before the Town Board with a request to amend

an Industrial Use Permit for 780 Salt Road.

Fisher Auto Parts is a wholesale auto parts distributor and headquartered in Virginia. They have

approximately five hundred company owned locations in eighteen states throughout the

Northeast and Midwest. They intend to occupy 26,673 square feet of existing space at 780 Salt

Road. They will have a small showroom and retail space that will be comprised of no more than

7% of the total square foot area as ancillary use of the warehouse. Their customers are primarily

installers who will place orders electronically and either pick up the parts or have them delivered.

Resolution No. 389: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen to

consider amending an Industrial Use Permit to allow for the addition of an auto parts warehouse

within an existing building at 780 Salt Road, Tax ID # 066.03-1-84.1.

WHEREAS, Northridge Webster, LLC currently owns lands commonly known as Tax Account

Number 066.03-1-84.1, also known as 780 Salt Road in the Town of Webster comprising 9.13+

acres, a portion of which is used as a place of assembly, to accommodate its congregation,

conduct services and social programs and the other normal and usual functions in which a church

and its congregants participate; and

WHEREAS, the Webster Town Board previously granted an Industrial Use Permit to Northridge

Church on April 4, 2019 for the same premises; and

WHEREAS, Fisher Auto Parts, Inc., a wholesale auto parts distributor, proposes to occupy 1,867

square feet of the building for a small showroom and retail space, and approximately 24,806

square feet for use as a warehouse, in which will be installed counters, racking and shelving; and

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WHEREAS, the structure is located in the I-N Industrial District; and

WHEREAS, pursuant to Webster Town Code, Section 350-22-A, the use is a permitted use in

the I-N Industrial District; and

WHEREAS, pursuant to Webster Town Code, Section 350-22-D (1), an Industrial Use Permit is

required before the commencement of any use in an Industrial District; and

WHEREAS, the building is pre-existing and the site plan was previously received by the Town

Board; and

WHEREAS, an Industrial Use Permit had already been granted for this property by the Webster

Town Board; and

WHEREAS, an Environmental Assessment Form has been received and reviewed by the Town

Board, and the Town Board had designated this action as “TYPE II”, and will not have a

significant adverse impact on the environment; and

WHEREAS, New York State Environmental Quality Review Act procedures have been

complied with and completed:

NOW, THEREFORE, BE IT RESOLVED:

1. That the proposed industrial use is adequate and consistent with the safety, health and

welfare of the community.

2. That the applicant be granted an amended Industrial Use Permit for the purpose of

establishing an auto parts retail and warehouse operation at 780 Salt Road, Town of Webster.

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Resolution No. 390: MOTION by Councilman Abbott, seconded by Councilwoman Cataldi, to

accept a proposal from J. Parisi Associates, Inc., 1738 East Ridge Road, Rochester, New York

14622 for a Builders Risk insurance rider for coverage on the Highway Garage construction at a

cost of Thirty-Four Thousand Five Hundred Thirty One Dollars ($34,531.00). The policy will be

in effect from November 1, 2023 to April 1, 2025.

Vote on motion:

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

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

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

Councilwoman Cataldi ..... Aye

Councilwoman Nguyen ......Aye

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

***

Resolution No. 391: MOTION by Councilwoman Cataldi, seconded by Councilman Abbott to

declare the following items for recycling from the Sewer Department.

•

•

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Black and Decker Drill

Biddle Voltmeter

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Webster Town Board

• Napa Timing Light

• All Test Digital Engine Analyzer

• Admin. Building AC Handler

Vote on motion:

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

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

Councilwoman Nguyen ......Aye

No Tag

Old Tag# 02523

No Tag

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

Councilwoman Cataldi ..... Aye

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

***

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

8:04 p.m.

___________________________

Dorothy M. Maguire, Town Clerk

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End of document