Town Board Meeting
Town Board Minutes 2023.08.17

Minutes

August 17, 2023 · 36 min read · extracted text · View original

Webster Town Board

August 17, 2023

A regular meeting of the Webster Town Board was called to order by Deputy Supervisor Cataldi

at 7:30 p.m. at the Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York,

with the following officials present:

Deputy Supervisor .................................................................... Patricia T. Cataldi

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

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

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

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

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

Absent:

Supervisor ................................................................................ Thomas J. Flaherty

Department Heads Present:

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

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

Town Clerk Maguire led the Pledge of Allegiance to the Flag.

***

The meeting was open to the floor for public comment.

No comments were received.

***

Resolution No. 287: MOTION by Deputy Supervisor Cataldi, seconded by Councilwoman

Nguyen, to approve the August 3, 2023 Town Board Minutes as submitted by the Town Clerk.

Vote on motion:

Deputy Supervisor Cataldi ..Aye

Councilman Abbott .......... Abstain

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

Councilwoman Nguyen .... Aye

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

***

Resolution No. 288: MOTION by Deputy Supervisor Cataldi, seconded by Councilwoman

Nguyen, to approve the August 10, 2023 Town Board Workshop Minutes as submitted by the

Town Clerk.

Vote on motion:

Deputy Supervisor Cataldi ..Aye

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

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

Councilwoman Nguyen .... Aye

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

***

Resolution No. 289: MOTION by Councilman Cahill, seconded by Councilwoman Nguyen, to

approve the bills as submitted in Warrant #0823A by the Director of Finance.

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Fund

General (A,B) CL #7645-7809

Highway (C,D)

Fund

Sewer (G)

Library (L)

Drainage Districts (M)

Park Districts (P)

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

Capital Projects (H) #104-113

H213 SB Waterfront Park Design

H220 WWTP Improvement

H231 WWTP Upgrade Phase II

H232 Highway Garage Building

H235 Courthouse Roof

H236 Tennis/Pickleball Courts

TOTAL

Vote on motion:

Deputy Supervisor Cataldi ..Aye

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

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

Inside

86,280.09

13,262.25

Inside

19,184.46

47,138.64

402.50

1,320.00

0.00

Outside

12,889.64

249.47

Outside

47,145.17

1,549.41

0.00

0.00

330,841.86

Total

99,169.73

13,511.72

Total

66,329.63

48,688.05

402.50

1,320.00

330,841.86

10,736.25

2,095.43

11,588.00

15,188.23

30,791.00

70,970.00

308,956.85

0.00

0.00

0.00

476.00

4,500.00

6,964.20

404,615.75

10,736.25

2,095.43

11,588.00

15,664.23

35,291.00

77,934.20

713,572.60

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

Councilwoman Nguyen .... Aye

***

Resolution No. 290: MOTION by Deputy Supervisor Cataldi, seconded by Councilman Abbott,

to approve the prepaid vouchers included in Warrant #0823A by the Director of Finance in the

amount of $404,615.75. [Included in the summary of vouchers approved in Resolution #289]

Vote on motion:

Deputy Supervisor Cataldi ..Aye

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

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

Councilwoman Nguyen .... Aye

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

***

Resolution No. 291: MOTION by Deputy Supervisor Cataldi, seconded by Councilman Cahill,

to approve purchase orders as submitted by the Director of Finance.

Vote on motion:

Deputy Supervisor Cataldi ..Aye

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

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

Councilwoman Nguyen .... Aye

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

***

Resolution No. 292: MOTION by Councilman Abbott, seconded by Deputy Supervisor Cataldi,

to approve the transfer of an amount not to exceed Forty-Five Thousand Dollars ($45,000.00)

from the Parkland Trust Fund to cover the remaining cost to complete the Recreation Center

Pickleball Tennis Court Renovation Project H0236.

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Vote on motion:

Deputy Supervisor Cataldi ..Aye

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

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

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

Councilwoman Nguyen .... Aye

***

Resolution No. 293: MOTION by Deputy Supervisor Cataldi, seconded by Councilwoman

Nguyen, to authorize the adoption of the following Debt Management Policy:

Town of Webster

Debt Management Policy

I. PURPOSE

The purpose of a debt management policy is to establish parameters and guidelines to

improve the quality of decision-making on long-term capital planning and on the

appropriateness of utilizing long-term debt to fund related capital expenditures. This policy

is based on best practices recommended by the Government Finance Officers Association.

The Town of Webster understands that the foundation of any well-managed debt program is

a comprehensive debt management policy. In addition to the general parameters, this policy

provides guidance to decision makers regarding the timing and purposes for which debt may

be issued, types and amounts of permissible debt financing, methods of sale that may be

used, and structural features that may be incorporated.

Finally, this debt policy is the recognition of the Town of Webster’s binding commitment to

fully and timely repay all debt as an intrinsic requirement for entry into the capital markets.

The policy helps to ensure that the Town maintains a sound debt position and that the Town’s

credit quality is protected and enhanced.

In summary, the main advantages of a formal debt policy are as follows:

a. Enhances the quality of decisions by imposing order, discipline, and promoting

consistency and continuity in decision making.

b. Rationalizes the decision-making process.

c. Identifies objectives for staff and elected officials to implement.

d. Demonstrates a commitment to long-term financial planning objectives.

e. Is regarded positively by the rating agencies in reviewing credit quality.

II. RESPONSIBILITY

It shall be the responsibility of the Director of Finance and the Town Board to ensure that

debt is issued in compliance with the terms outlined in this policy.

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III. PROCEDURE:

A. OBJECTIVES OF ISSUING DEBT

a.

The Town will finance capital projects through the issuance of debt for the

shortest period practical but, in any event, not in excess of the anticipated useful

life of the financed asset or the maximum statutory amortization period,

whichever is shorter. In conformity with Section 11 of the NYS Local Finance

Law, all bond authorizations must be approved via permissive referendum unless

otherwise provided by the NYS Local Finance Law, including but not limited to

the authorization of refunding bonds.

b.

The Town will evaluate debt-funding scenarios as part of its annual Five-Year

Capital Improvement Program process in order to prioritize future financing

needs.

c.

The Town will attempt to minimize its reliance on long-term debt to the

extent consistent with its overall budgetary policies.

B. PURPOSES FOR WHICH DEBT MAY BE ISSUED

a.

During emergency situations, the Town may issue debt to provide for emergency

infrastructure repair or replacement if such repair or replacement is necessary for

the immediate preservation of public peace, health and safety. For purposes of

this policy, “dire emergency appropriation” means an appropriation to relieve or

assist in the relieving of a situation certified to be an unusual and serious

condition endangering public health and welfare.

b. Generally, the Town will only consider financing major general purpose capital

improvements with a total cost exceeding $250,000 through the issuance of longterm debt. Such costs may include the planning, design and land acquisition costs

for such improvements.

c. The Town generally will consider issuing debt to finance only those projects that

have been included in the Five-Year Capital Improvement Program. It is

recognized that certain projects for which debt financing should be considered

may arise in such a manner that they cannot be incorporated in the Five-Year

Capital Improvement Program prior to financing, e.g., the arrival on market of a

specific property which the Town desires to acquire for open space purposes or

unexpected equipment replacements because of accidents or equipment failures.

d. The Town will not fund current operating expenditures through the issuance of

debt except under extreme circumstances that have been approved by the Town

Board (such as issuance of debt in connection with tax anticipation notes or

revenue anticipation notes).

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C. LEGAL LIMITATIONS

The New York State Constitution, Article VIII, limits the aggregate amount of

indebtedness the Town may have outstanding and the amount of indebtedness outstanding

for particular purposes to 7% of the five-year average of the assessed full value of the

Town.

Certain debt (i.e. tax anticipation notes, any water related debt, NYS Comptroller excluded

sewer debt) are excluded by statute from this debt limitation. The Town shall not incur

indebtedness through the issuance of debt which shall cause outstanding aggregate

indebtedness, or outstanding aggregate indebtedness by purpose, of the Town to exceed the

following (taking into account the statutory exclusion of certain outstanding debt and

inclusion of certain authorized but unissued debt):

In calculating the amount of indebtedness of the Town there shall be excluded:

a. Tax Anticipation Notes (“TANs”)

b. Statutorily Specified Utilities Financings

c. Revenue Anticipation Note Financings (“RANs”)

d. Water Pollution Abatement Order Financings

e. Refunded Obligations

D. TYPES OF DEBT PERMITTED TO BE ISSUED

Types of debt obligations covered by this policy:

a. Short Term Debt:

1. General Obligation (G.O.) Bond Anticipation Notes (BAN’s)

The Town may choose to issue bond anticipation notes as a source of interim

financing when deemed prudent. Bond anticipation notes may also be used as a

form of short- term permanent financing (generally up to five years under the

current statutes) by renewing the notes over a number of years and reducing the

principal amount of notes no later than 24 months from the original date of

borrowing. Before issuing such notes, the Town will direct the Director of

Finance to contact the Town’s Financial Advisor for consultation. Bond

anticipation notes will generally be sold at a competitive sale; however, a

negotiated sale or private placement may be allowed when in the best interest of

the Town.

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2. Lease Purchase Financing

(Also known as capital lease financing or installment purchase contracting)

Generally, lease purchase financing, in contrast to a true lease, provides for the

acquisition of the leased item. Lease purchase financing is appropriate for

procuring assets that are too expensive to fund with current receipts in any one

year but less expensive than financing with long-term serial bonds.

i.

Generally, lease purchase financing will be considered for assets that are “like

items in the aggregate”, that will be needed for only short periods of time, or

which are subject to rapid technological obsolescence.

ii.

Generally, lease purchase financing will not be considered for the purchase or

construction of assets with a life expectancy of less than three years or a cost

of less than $20,000.

iii. All lease purchase financing shall require approval by the Town Board and

adoption of a lease financing resolution furnished by the Town’s bond

counsel. Documentation that lease purchase financing is a more cost

effective manner than issuing bonds for the procurement of the asset must be

provided.

iv. Principal and interest payments on a lease purchase financing shall be

included in the operating budget of the Town based on the purpose of the

lease purchase financing.

*Note that the above policies do not address true or operating leases. Pursuant to such

leases the leased item is returned to the lessor at the end of the lease term. Provision for

lease payments with respect to such leases should be incorporated into the annual

operating budgets for the Town as applicable.

b. Long Term Debt:

1. General Obligation (G.O.) Bonds: General obligation bonds (and

general obligation BANs) are backed by the Town’s pledge of its full

faith and credit to pay interest and the principle of the obligations.

Unless paid from other sources, the bonds are payable from general

property tax revenues. The Town has the power under New York State

Statutes to levy ad valorem taxes on all taxable property in the Town

without limit as to rate or amount, except for a few minor exceptions

allowed by state statutes.

General obligation bonds should be used only to finance or refinance capital

improvements and long-term assets, or other costs directly associated with

financing of a project which has been determined to be beneficial to a

significant proportion of the citizens of the Town and for which repayment

sources, if any, have been identified. Bonding should be used only after

considering alternative funding sources such as project revenues, Federal and

State grants, and special assessments.

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Other types of debt obligations not covered by this policy:

•

Tax Anticipation Notes (TAN’s)

•

Revenue Anticipation Notes (RAN’s)

E. RESTRICTION/LIMITATIONS ON DEBT ISSUANCE

a. Limitations on Issuance of G.O. Debt: This Policy prohibits issuing general

obligation debt for current operations (other than in connection with the issuance

of tax anticipation notes, revenue anticipation notes or other exceptions as

approved by the Town Board).

b. Derivatives Prohibited: Per New York State Law, this Policy prohibits the

issuance of any securities which would commonly be understood to be a

“derivative”.

c. Bond Proceedings: Procedures for debt issuance must comply with New York

State Local Finance Law and adoption of a bond resolution and related

proceedings as prepared by a nationally recognized bond counsel.

F. STRUCTURAL FEATURES OF DEBT

a. Overview: The Town plans long-term and short-term debt issuances to finance

the Town’s capital program based on cash flow needs, sources of revenue, capital

construction periods, budgetary impact, available financing instruments, and

market conditions. Also, an analysis will be completed to attempt to schedule

new debt payments to begin as previous debt matures in an attempt to smooth out

the impact of debt service over time. At the time a bond issue is structured, the

tax rate impact will be evaluated so as to minimize overall tax increases with a

target annual debt service increase of no greater than 5%.

b. Debt Repayment: Generally, borrowings by the Town should be of a duration

that does not exceed the economic life of the improvement financed and where

feasible should be shorter than the projected economic life, and, in all cases, not

exceed the maximum amortization period permitted by state statute. Moreover, to

the extent possible, the Town will design the repayment of the debt so as to

recapture rapidly its credit capacity for future use. The Town will endeavor to

structure new bond issues so as to provide that 50%, at a minimum, of the Town’s

overall outstanding debt will be retired in the succeeding fifteen (15) fiscal years.

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G. CREDIT OBJECTIVES

Many analysts use debt ratios to analyze debt levels. However, the Town recognizes

overemphasis on debt ratios should be avoided because debt ratios are but one of many

factors which influence bond ratings. Commonly used debt ratios of comparably sized

municipalities will provide one measure against which the Town can assess its debt

burden. Another measure is to compare the Town against ratios developed by rating

agencies. The analysis is not intended to review the Town’s total financial position or to

make projections of future expenditures other than debt service.

The following debt ratios will be considered when reviewing the Town’s capacity to

issue debt:

a. Debt Burden Indicators

1. Debt as a percentage of Assessed Valuation.

2. Debt per capita.

b. Debt Service Indicators

3. Annual general obligation debt service as a percentage of General Fund

operating budget expenditures. The target range for this percentage is

between 8%-10% of the budget each year.

4. Retirement of 50%, at a minimum, of the Town’s overall outstanding debt in

the succeeding fifteen fiscal years.

5. Fixed Cost Burden will be kept below 25% of total expenditures (i.e. Debt

Service + Pensions + OPEB = Total Fixed Costs/Operating Expenses = Fixed

Cost as % of Expenditures) to the extent possible, recognizing that the Town

is precluded from establishing a trust or reserve fund to help meet the OPEB

liability under New York State law.

6. For Water and Sewer revenue producing debt – Net Debt to Operating

Revenues, the Debt Service Coverage Ratio) that indicate the system’s overall

revenues to debt service and fixed costs should range between 2.0x and 4.0x

coverage: (DSCR=debt service requirements/net operating income.)

H. METHOD OF SALE

a. Competitive Sale: The Town, as a matter of policy, shall seek to issue its debt

obligations in a competitive sale unless it is determined that such a sale method

will not produce the best results for the Town. In such instances where the Town,

in the competitive sale of its debt securities, deems the bids received as

unsatisfactory or does not receive bids, it may enter into negotiation for the sale of

the securities.

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b. Negotiated Sale: When determined appropriate, the Town may decide to sell its

debt obligations through a negotiated sale. Such determination may be made on

an issue-by-issue basis, for a series of issues, or for part or all of a specific

financing program. Selection of the underwriting team shall be made pursuant to

selection procedures set forth in this debt policy under “Selection of Consultants

and Service Providers” below.

c. Private Placement/Limited Public Offering: When determined appropriate, the

Town may elect to sell its debt obligations through a private placement or limited

public offering.

d. Participation in State and Federal Loan Programs: When determined

appropriate, the Town may issue debt obligations in conjunction with loans made

pursuant to State and Federal programs, e.g., the NYS Environmental Facilities

Corporation programs for providing funding of eligible drinking water and

wastewater projects.

I. SELECTION OF CONSULTANTS AND SERVICE PROVIDERS

a. Solicitation: The Town shall establish a solicitation and selection process for

securing professional services that are required to develop and implement the

Town’s debt program. The goals of the solicitation and selection process shall

include encouraging participation from qualified service providers and securing

the highest quality services at competitive prices.

b. Financing Team: The Town employs outside financial specialists to assist it in

developing a bond issuance strategy, preparing bond documents (i.e. Offering

Statement) and marketing bonds to investors. The key players in the Town’s

financing transactions include its internal financial professionals (the Director of

Finance and Finance Department staff, among others), its Bond Counsel, and its

Financial Advisor.

c. Bond Counsel Involvement: The Town will work with a nationally recognized

bond counsel (“Red Book” Bond Counsel). The Bond Counsel will issue an

opinion as to the legality and the tax-exempt status of all obligations. The Town

also may seek the advice of Bond Counsel on other types of financing and on any

other questions involving Federal tax law applicable to tax-exempt bonds. Bond

Counsel also is responsible for the preparation of the resolution authorizing

issuance of obligations, various closing documents to complete their sale and

issuance, review of the offering statement and performance of other services as

defined by contract approved by the Town.

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d. Financial Advisor Involvement: The Town will work with a Financial Advisor

properly registered with the SEC and MSRB, and those individuals possessing the

required licenses to act on behalf of the firm. The Town will seek the advice of

the Financial Advisor when appropriate. The Financial Advisor will advise on the

structuring of obligations to be issued, inform the Town of various financing

options, monitor outstanding debt for potential refunding bond opportunities,

advise the Town as to how choices will impact the marketability of the Town’s

obligations, and provide other services as defined by contract approved by the

Town. To ensure independence, the Financial Advisor neither will bid on nor

underwrite any Town debt issues for which it is serving as Financial Advisor.

The Financial Advisor will inform the Director of Finance of significant issues

that could affect the marketability of its debt or impact its credit rating.

J. REFUNDING OF LONG-TERM DEBT

A refunding of long-term debt involves the refinancing of an outstanding bond issue

by issuing new bonds. Most refunding is performed to take advantage of current

interest rates that are lower than those rates on outstanding bonds. Such a refunding

is for interest rate savings. Currently, refunding may be completed within 90 days of

the issue date of the refunding bonds.

a. To reduce interest costs.

b. To restructure debt service, but generally only if the present value of debt service

savings exceeds three (3%) percent of the debt service amount of the refunded

bonds.

K. DISCLOSURE/ARBITRAGE COMPLIANCE

a. Rating Agencies: Full disclosure of operations and open lines of communication

shall be maintained with at least one rating agency. Town staff, with the

assistance of financial advisors, shall prepare the necessary materials and

presentation to the rating agency. A credit rating will be sought from one or more

nationally recognized credit reporting agencies as recommended by the Town’s

financial professionals in conjunction with the Town’s financial advisor.

b. Arbitrage, Private Activity Use/Payment and Covenant/Representation

Compliance

The Town shall establish a system of record keeping and reporting

to ensure compliance with arbitrage limitation, arbitrage rebate, and private

activity use and payment limitations applicable to its tax-exempt obligations

under the Federal tax code. This effort shall include tracking expenditures of, and

investment earnings on proceeds of bond and note issues and lease purchase

transactions, calculating rebate payments in compliance with tax law, and

remitting any rebate eligible earnings to the Federal government in a timely

manner in order to preserve the tax-exempt status of the Town’s outstanding debt

issues. Additionally, private activity use and payment, general financial reporting

and certification requirements embodied in bond covenants, if any, or tax

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compliance or regulatory agreement covenants or representations in connection

with the Town’s tax-exempt obligations shall be monitored to ensure compliance

with all such covenants and representations.

c. Continuing Disclosure: The Town, working together with its Financial Advisor

and Bond Counsel, is committed to continuing disclosure of financial and

pertinent credit information relevant to the Town’s outstanding securities and will

abide by the provisions of Securities and Exchange Commission (SEC) Rule

15c2-12 concerning primary and secondary market disclosure, including

requirements regarding annual financial information and material event filings

(including the issuance of any installment purchase obligations or bank loans – if

considered material) incorporated in the Town’s continuing disclosure agreements

entered into in connection with the issuance of its debt obligations.

L. INTEGRATION WITH CAPITAL PLANNING

The Town prepares a multi-year Capital Improvement Program for consideration and

adoption as part of the Town’s budget process. Annually, the capital budget

identifies revenue sources and expenditures for the current year and the next

succeeding four fiscal years. As part of the capital project planning process, the

financial impact of each proposed project will be evaluated and updated annually. To

fund the Capital Improvement Program, the Town will use general revenues (pay-asyou-go), debt financing, State and Federal Aid, special assessments, or a combination

thereof.

M. DEBT AUTHORIZATION

The Town shall have the power to incur indebtedness subject to the provisions of the

New York State Local Finance law and other pertinent State Statutes, as revised from

time-to-time.

N. INVESTMENT AND ACCOUNTING OF PROCEEDS

The investment of proceeds of debt obligations (including investment earnings) must

be in conformance with all applicable state and federal laws. All efforts must be

made to defer permanent bonding until the money has already been spent or is close

to being spent in order to avoid having excess cash on hand which may lead to

violation of arbitrage rules, with due regard for the tax law limitations on the

extended delay in reimbursing non-debt funding sources with the proceeds of taxexempt bonds (see Section 12). For large projects spanning a period of time of three

months or more, bonds and bond anticipation notes will be issued according to a cash

flow statement developed for the project.

Bond proceeds will be recorded in the Capital Projects Fund and specifically

accounted for in the individual project to which they relate. Any net sale premium on

bond issuance shall also be credited to the project in question and should be used to

help reduce future borrowing needs for the project financed.

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Vote on motion:

Deputy Supervisor Cataldi ..Aye

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

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

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

Councilwoman Nguyen .... Aye

***

Resolution No. 294: MOTION by Deputy Supervisor Cataldi, seconded by Councilman Abbott,

to establish itself as Lead Agency under the State Environmental Quality Review Act and its

regulations to conduct the environmental review of a production facility by the Coca-Cola

Company and fairlife® in the Town of Webster.

WHEREAS, a proposed development of real property located at the east terminus of Tebor

Road, consisting of a total of 104.56+ acres, known as Tax Account Numbers 066.03-1-28.113

(55.38 acres), 066.03-1-28.111 (13.19 acres), 066.03-1-28.11 (23.14 acres) and 066.03-1-20.1

(12.85 acres) has been proposed by the Coca-Cola and fairlife® (“the fairlife® or Project” or

“the Project”); and

WHEREAS, the Project has been classified as a “Type I Action” as defined by the State

Environmental Quality Review Act (SEQRA) regulations in 6 NYCRR §617.4, mandating a

coordinated review of the project with a single agency serving as Lead Agency to conduct said

environmental review pursuant to 6 NYCRR §617.6(b)(2)(i); and

WHEREAS, by Resolution No. 213 of 2023, on June 15,2023, the Town Board declared its

intention to serve as Lead Agency for the Project herein; and

WHEREAS, the Town of Webster Town Board sent a letter 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

commence the coordinated review of the Project; and

WHEREAS, electronic copies of the coordinated review materials were sent to Interest and

Involved Agencies on June 23, 2023 to ensure that the documents were received; and

WHEREAS, a supplement to the original Part 1 of a Full Environmental Assessment Form

(FEAF) was received by the Town from the applicant on July 11, 2023 and a subsequent letter

and updated electronic copies of the coordinated review materials were re-distributed to

Interested and Involved Agencies on July 14, 2023; and

WHEREAS, responses from Interested and Involved Agencies to the Town Board’s request to

serve as Lead Agency 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 Project within 30 calendar days as mandated by 6 NYCRR

§617.6(b)(3)(i); and

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

consider the significance of the potential environmental impacts of the Project by (a) using the

criteria specified in Section 617.7 of the SEQRA Regulations and (b) examining the FEAF and

other available supporting information for the Project, including comments received from other

Involved Agencies and the Town’s consultants, to identify the relevant areas of environmental

concern and otherwise undertake a coordinated review of this action:

NOW, THEREFORE, BE IT RESOLVED:

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

environmental review, under SEQRA and its regulations, for fairlife® Project.

Vote on motion:

Deputy Supervisor Cataldi ..Aye

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

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

Councilwoman Nguyen .... Aye

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

***

Deputy Supervisor Cataldi stated that the next Resolution involves the purchase of some land in

Webster for the creation of the Herman Road Forever Wild Forest. Before presenting it to the

Town Board for approval, she thanked Ben Wisniewski who was in attendance and all those that

partnered with him on the project. He played a key role in the Town obtaining the property and

guiding the Town through the process and the grant process.

Resolution No. 295: MOTION by Deputy Supervisor Cataldi, seconded by Councilman Cahill,

to authorize the purchase of a 27.8 + acre parcel located at 760 Herman Road Webster, New

York (Tax ID # 064.01-1-17) for Creation of Herman Road Forever Wild Forest.

WHEREAS, the Town of Webster has the authority under the New York State Constitution,

and Article 4 of the Town Law to acquire property for any purpose provided by law; and

WHEREAS, Gary Wood is the owner of property at 760 Herman Road in the Town of

Webster, Tax ID Number 064.01-1-17, which property is 27.8 acres± of residential vacant

land adjacent to the existing Whiting Road Nature Preserve (the “Wood Parcel”); and

WHEREAS, the owner of the Wood Parcel is willing to convey said land to the Town of

Webster for public purpose and/or public purposes, for a purchase price of $285,000.00; and

WHEREAS, the Town of Webster received an award of $270,089.00 to purchase the Wood

Parcel for the creation of new parkland in the form of a Community Forest, pursuant to the terms

of the New York State Department of Environmental Conservation Community Forest

Conservation Grant Agreement (Contract # DEC01-C01669GG-3350000) (hereinafter the “DEC

Grant”); and

WHEREAS, the DEC Grant only covers 90% of the cost of the purchase of the Wood

Parcel; and

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WHEREAS, Webster resident Mary Dombovy, to commemorate her late Husband Michael

A. Johnson, previously donated monies to the Town of Webster to reimburse the Town for

the remaining cost of the Wood Parcel, including all appurtenant costs thereof, including all

recording and (seller's) attorney fees, with remaining funds to be used for improvements to

the Wood Parcel; and

WHEREAS, the DEC has reviewed all post DEC Grant award submissions and provided

clearance to the Town of Webster to close on the purchase of the Wood Parcel; and

WHEREAS, purchase of the Community Forest involves the acquisition of more than 25 acres

of real property for dedication as parkland, and is therefore properly designated as an unlisted

action pursuant to the State Environmental Quality Review Act; and

WHEREAS, the Town has completed parts 1, 2, and 3 of a short environmental assessment

form, and considered any other possible environmental impacts, related to the unlisted action:

NOW, THEREFORE, BE IT RESOLVED:

1. That the Town of Webster resolves that the purchase of 27.8 acres± of residential vacant land

for creation of a Community Forest at 760 Herman Road is properly classified as an unlisted

action under SEQRA.

2. The Town of Webster hereby finds that purchase of 27.8 acres± of residential vacant land at

760 Herman Road for creation of a Community Forest will not have any significant adverse

impacts on the environment.

3. That the Town of Webster is authorized to complete the purchase of the 27.8 acres± of

residential vacant land at 760 Herman Road in the Town of Webster, Tax ID Number

064.01-1-1, for the purpose of creating the Herman Road Forever Wild Forest, in

accordance with the terms of the DEC Grant, and to create public parkland to be held in

trust for the benefit of the public, forever.

4. The Town Supervisor or his designee are hereby authorized to execute any document

reasonably necessary to affect the purchase of said land for creation of the Community

Forest.

5. The name of the community forest shall be, The Herman Road Forever Wild Forest Conserved by Gary E. & Judith M. Wood.

6. The Town Board offers its formal thanks and appreciation to Gary E. Wood, Judy M. Wood,

Mary Dombovy, and her late husband Michael A. Johnson for their conservation efforts in

the Town of Webster.

Vote on motion:

Deputy Supervisor Cataldi ..Aye

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

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

Councilwoman Nguyen .... Aye

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

***

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Webster Town Board

Deputy Supervisor Cataldi presented a proposed Resolution to the Town Board for their

consideration for the placement of Northbound and Southbound stop signs at the location of

Whiting Road and Shoemaker Road. She stated this has been a dangerous intersection for years.

The Town is growing, and it is often a good thing, but it brings some problems. Traffic has

increased, there is a blind spot on that road and there have been too many accidents. She

commended the residents living in that area for bringing attention to the issue and petitioning

Monroe County for a solution.

Resolution No. 296: MOTION by Deputy Supervisor Cataldi, seconded by Councilman Abbott,

to consent to the placement of a traffic control device by the County of Monroe Department of

Transportation, pursuant to authority granted by Sections 1651 and 1652-a of the New York

State Vehicle and Traffic Law, at the following locations:

Traffic Regulation

Northbound Stop Sign Location: Whiting Road @ Shoemaker

Traffic Regulation

Southbound Stop Sign Location: Whiting Road @ Shoemaker

Vote on motion:

Deputy Supervisor Cataldi ..Aye

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

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

Councilwoman Nguyen .... Aye

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

***

Resolution No. 297: MOTION by Deputy Supervisor Cataldi, seconded by Councilman Cahill,

to declare the following items for recycling from the Cable Access Department:

JVC VHS Player

JVC VHS Player

Panasonic Mixer

Panasonic Mixer

Panasonic DVD Player

Panasonic DVD Player

Sony Camera

JVC DV Deck

Leightronix DVR

Sigma Switcher

Videonix Swticher

Panasonic Switcher

HP Computer

LG Monitor

JVC Camera

Panasonic Camera

Nikon Camera

Sony CRT Monitor

Jensen Radio

Phillips DVD Player

Zenith VHS Player

Polaroid Monitor

Dell Monitor

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08-17-23

Webster Town Board

Vote on motion:

Deputy Supervisor Cataldi ..Aye

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

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

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

Councilwoman Nguyen .... Aye

***

Joann Palmer, Webster Resident, appeared before the Town Board to express her gratitude for

the Town Board approving the placement of stop signs at the Northbound and Southbound

location of Whiting Road and Shoemaker Road. She shared that there have been so many

accidents at that location.

***

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

7:52 p.m.

____________________________

Dorothy M. Maguire, Town Clerk

288

08-17-23

End of document