Town Board Meeting
Town Board Minutes 2023.09.21

Minutes

September 21, 2023 · 18 min read · extracted text · View original

Webster Town Board

September 21, 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:

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

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

Chief of Police (arrived at 7:52 p.m.)........................................Dennis Kohlmeier

Supervisor Flaherty led the Pledge of Allegiance to the Flag.

***

Councilwoman Cataldi and Councilman Cahill presented the following Proclamation to the

family of Charles Styles.

Proclamation In Memory of

Charles Styles

WHEREAS, Charlie’s life as a Public Servant was diverse and ran deep through all the

years of his life. He was an exceptional man who made you feel you were blessed to be

in his life; and

WHEREAS, Charlie held the positions of Vice-President and President of the Webster

Central School Board from 1982-1989. He was also involved in Webster’s Community

Chest and served on the Webster Planning Board during this time as well; and

WHEREAS, In 1995 Charlie began his 27 years on the Webster Board of Assessment

Review, often serving as its Chairman from which he recently retired. He also, became a

Fire Policeman at Webster Volunteer Fire Department and an EMT at Union Hill

Volunteer Fire Department as well as a Board Member of Northeast Quadrant Advanced

Life Support; and

WHEREAS, Other positions Charlie was involved with through the years was being a

member on the Board of Cooperative Education No. 1 and working as an Election

Inspector and Coordinator for many years; and

WHEREAS, In a word - Charlie was GENEROUS always encouraging others to become

the best they could be. Charlie spent his life sharing the knowledge he acquired from

books and his own personal experiences. His traditional practices, grounded lifestyle, and

beliefs were shared with so many individuals; and

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WHEREAS, Councilman John Cahill and the Cahill family became neighbors with

Charlie and his wife Martha around 2012. Charlie became a mentor to John both

personally, and politically. John said both Martha and Charlie were two of the kindest

people he would ever meet; and

WHEREAS, Charlie’s devotion of his energy and time for the Webster Community has

not gone unnoticed. Webster is all the better because of his humble, gentle, and generous

spirit. The Webster Community thanks Charlie for all he has taught to others and his

sacrifices for the good of Webster. As the saying goes, “Knowledge, you may get from

books, but wisdom is trapped within you, release it”. That is just what Charles Styles

did his whole life!

Thomas J. Flaherty, Town

Mrs. Styles thanked the Town Board.

Supervisor

***

The meeting was open to the floor for public comment:

Webster residents, Jen Forseca and Michele Anderson, expressed their concerns regarding the

Town of Webster’s September 18, 2023 Newsletter that contained a New York State Department

of Health Press Release on the CDC recommendations for the updated COVID-19 Vaccine.

***

Resolution No. 325: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

approve the September 7, 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. 326: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

approve the September 14, 2023 Town Board Workshop 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. 327: MOTION by Councilwoman Cataldi, seconded by Councilwoman

Nguyen, to approve the bills as submitted in Warrant #0923A by the Director of Finance.

Fund

General (A,B) CL #8054-8210

Highway (C,D)

319

Inside

151,299.72

380,903.63

Outside

251,675.89

4,943.21

Total

402,975.61

385,846.84

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Webster Town Board

Sewer (G)

Library (L)

Fund

Drainage Districts (M)

Park Districts (P)

Parkland (E)

Water Districts (R/SW)

Sewer Districts (J)

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

Capital Projects (H) #123-129

H213 SB Waterfront Park Design

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

H236 Tennis/Pickleball Courts

H237 Coca-Cola fairlife ®

TOTAL

Vote on motion:

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

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

Councilwoman Nguyen.......Aye

23,459.07

42,323.40

Inside

200.00

2,400.00

0.00

0.00

0.00

0.00

50,313.70

1,485.54

Outside

0.00

0.00

285,303.56

6,278.13

6,278.13

437,582.60

73,772.77

43,808.94

Total

200.00

2,400.00

285,303.56

6,278.13

6,278.13

437,582.60

78,334.51

13,615.92

91,611.26

37,012.95

39,152.61

3,074.00

28,572.00

19,790.73

911,749.80

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

1,043,860.76

78,334.51

13,615.92

91,611.26

37,012.95

39,152.61

3,074.00

28,572.00

19,790.73

1,955,610.56

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

Councilwoman Cataldi......Aye

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

***

Resolution No. 328: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to

approve the prepaid vouchers included in Warrant #0923A by the Director of Finance in the

amount of $1,043,860.76. [Included in the summary of vouchers approved in Resolution #327]

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

Resolution No. 329: 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 Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

The Town Board was presented with two proposed Resolutions associated with the fairlife ®

Project.

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Supervisor Flaherty explained the two Resolutions will be tabled as they are contingent on the

Planning Board doing a preliminary and final approval of the site plan. On September 19th, for a

confluence of reasons, the Planning Board decided to table that decision and will reconsider at

their Tuesday October 3rd regular meeting.

Resolution No. 330: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

table the approval of a Fill and Excavation Permit for the fairlife ® Project at the eastern

terminus of Tebor Road.

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

Resolution No. 331: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

table the consideration of an Industrial Special Use Permit for the fairlife ® Project at the eastern

terminus of Tebor Road.

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

Resolution No. 332: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to

schedule a Public Hearing for the proposed 2024 Town of Webster Budget and to publish the

following Notice in the Webster Herald on October 11, 2023.

NOTICE IS HEREBY GIVEN

That the Preliminary Budget of the Town of Webster for 2024 has

been completed and filed with the Town Clerk where it is available for public inspection during

regular office hours.

FURTHER NOTICE IS HEREBY GIVEN

That the Town Board will meet, and review said

Preliminary Budget and hold a Public Hearing thereon at the Webster Town Meeting Room,

1002 Ridge Road, Webster, New York at 7:30 p.m., on Thursday, October 19, 2023. At said Public

Hearing any person may be heard in favor of or against the Preliminary Budget as compiled or any

items contained therein.

PURSUANT TO SECTION 108 OF THE TOWN LAW the proposed salaries of the elected

officials are specified as follows:

Supervisor......... $117,603

Councilperson... $ 21,881

Justice............... $ 49,385

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

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Councilwoman Nguyen.......Aye

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

***

Resolution No. 333: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

authorize the submission of the 2023-2024 Justice Court Assistance Program (JCAP)

Application by the Webster Town Court for a request up to the maximum amount available.

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

Resolution No. 334: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

appoint Daniel Lagoner to the Zoning Board of Appeals to fulfill the unexpired term of Barry

Barone ending on December 31, 2023.

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

Resolution No. 335: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to

appoint Christoher Centola to the Zoning Board of Appeals to fulfill the unexpired term of

Jamie Newtown ending on December 31, 2027.

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

Resolution No. 336: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

appoint Richard Feola as an alternate member of the Zoning Board of Appeals to fulfill the

unexpired term of Christopher Centola ending on December 31, 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. 337: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

appoint James Spampinato as an alternate member of the Zoning Board of Appeals to fulfill the

unexpired vacant position of the term ending on December 31, 2025.

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

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Resolution No. 338: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

schedule a Public Hearing for an application regarding lands commonly known as Tax Account

079.14-1-40.11 at 900-965 Cherry Ridge Boulevard for a Special Use Permit.

WHEREAS, St. Ann’s Senior Housing, Inc. owns property at 900-965 Cherry Ridge Boulevard,

Town of Webster; and

WHEREAS, Bell Atlantic Mobile Systems LLC d/b/a Verizon Wireless, 1275 John Street, Suite

100, West Henrietta, New York 14586 seeks to construct and operate a rooftop wireless

telecommunications micro cell facility at 900-965 Cherry Ridge Boulevard in the Town of

Webster; and

WHEREAS, the affected lands are in a MHR Medium-High Residential District; and

WHEREAS, pursuant to Webster Town Code, Sections 130-8 and 350-14(A)(5), a

communications tower is a permitted use in an MHR Medium-High Residential District upon

issuance of a Special Use Permit by the Town Board; and

WHEREAS, pursuant to Webster Town Code Section 130-8, a Special Use Permit is required for

communications towers and accessory facilities/structures under the procedure set forth in

Webster Town Code Sections 130-11 and 130-12; and

WHEREAS, pursuant to Webster Town Code, Section 130-11, the application, if sufficient, shall

be referred to the Planning Board for its review and recommendation and site plan approvals, and

a public hearing shall be held before the issuance of a Special Use Permit; and

WHEREAS, the Site/Survey Plan and application have been received by the Town Board; and

WHEREAS, Webster Town Code, Section 130-11 requires referral of applications for Special

Use Permits to the Town Planning Board; and

WHEREAS, Webster Town Code Section 130-11(B), requires site plan approval by the Planning

Board under Webster Town Code Chapter 269, Article IV; and

WHEREAS, the application, together with all supporting documents was referred to the

Town of Webster Planning Board for its review and recommendation; and

WHEREAS, the Planning Board completed its site plan review procedure under Webster

Town Code Chapter 269 Article IV, and approved the plan at its regularly scheduled meeting on

September 5, 2023, and presented to the Town Board its approval per letter of Anthony Casciani,

Chairman, dated September 7, 2023; and

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

Board:

NOW, THEREFORE, BE IT RESOLVED:

That a Public Hearing shall be scheduled, and conducted at a regular meeting of the Town Board

of the Town of Webster to be held at the Town Board Meeting Hall, 1002 Ridge Road, in the

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Town of Webster on October 5, 2023, at 7:30 p.m., to consider granting of the Special Use

Permit for the proposed rooftop microcell facility at this site.

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

Resolution No. 339: MOTION by Councilman Cahill, seconded by Councilwoman Nguyen, to

declare the following items for recycling from the Information Technology (IT) Department:

Dell Lattitude

Asset Tag #4443

Dell Lattitude

Asset Tag #5059

Dell Optiplex 3010

Asset Tag #4394

Dell Optiplex 3010

Asset Tag #4539

Dell Optiplex Gx240

Asset Tag #2572

Dell Optiplex 380

Asset Tag #5208

Vuewsonic Monitor

Asset Tag #1662

Dell Monitor

Asset Tag #4394

Dell Monitor

Asset Tag #4539

Dell Monitor

Asset Tag #2892

Sonicwall Fireqall

Asset Tag #4459

Dell Equallogice Storage Array No Tag

Dell Equallogice Storage Array Asset Tag #5841

Dell Equallogice Storage Array No Tag

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

Resolution No. 340: MOTION by Councilwoman Cataldi, seconded by Councilman Abbott, to

declare the following item for recycling from the Sewer Department:

Trimble GIS Unit

Asset Tag #3378

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

At 8:02 p.m. Town Attorney Genese called for an Executive Session.

Resolution No. 341: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

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

discuss proposed, pending or current litigation and to discuss a personnel matter pursuant to New

York State Public Officer’s Law §105(1)(f).

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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)(d) to discuss proposed, pending or current litigation and to discuss a

personnel matter pursuant to New York State Public Officer’s Law §105(1)(f).

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

Dennis Kohlmeier, Chief of Police.

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

Resolution No. 342: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to

return to Regular Session at 8:49 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

8:49 p.m.

____________________________

Dorothy M. Maguire, Town Clerk

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