Webster Town Board
July 20, 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
Town Engineer ..............................................................................Mary Herington
Supervisor Flaherty led the Pledge of Allegiance to the Flag.
***
The meeting was open to the floor.
Grant Malone, Rochester Building and Construction Trades Council President, appeared before
the Town Board. The organization represents over 10,000 highly skilled construction workers in
Monroe County and surrounding counties. He shared that over the last three years projects the
size of fairlife® have come to the Rochester area. The work was performed by out of state
contractors with no opportunity given to local people living in the community. He asked the
Town Board to give members of his organization an opportunity to sit down with representatives
of fairlife® to talk about an agreement which also offers apprenticeship opportunities, local labor
provisions and diversification.
***
Resolution No. 246: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
approve the July 6, 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. 247: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
approve the July 12, 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. 248: MOTION by Councilwoman Nguyen, seconded by Councilman Cahill, to
approve the bills as submitted in Warrant #0723A by the Director of Finance.
225
07-20-23
Webster Town Board
Fund
Inside
Outside
Total
General (A,B) CL #7270-7445
87,854.61
243,479.37
331,333.98
Highway (C,D)
39,185.18
52,700.00
91,885.18
Sewer (G)
144,234.02
301,063.19
445,297.21
Library (L)
49,486.91
1,776.70
51,263.61
Drainage Districts (M)
720.00
0.00
720.00
Park Districts (P)
5,908.57
0.00
5,908.57
Water Districts (R/SW)
0.00
21,659.38
21,659.38
Special Districts (N,Q,S)
2,228.77
0.00
2,228.77
Trust & Agency (T/A,TP,XM,XD)
0.00
318,382.12
318,382.12
Capital Projects (H) #88-94
H213 SB Waterfront Park Design
272,853.19
0.00
272,853.19
H223 Lake Rd WE Drainage MO.56
37,446.36
0.00
37,446.36
H224 SB Shoreline Protect. MO.59
502,935.21
0.00
502,935.21
H230 REDI SB Flood Wall MO.78
215,498.07
0.00
215,498.07
H232 Highway Garage Building
8,510.04
13,548.43
22,058.47
H235 Court House Roof
32,286.00
0.00
32,286.00
TOTAL
1,399,146.93
952,609.19 2,351,756.12
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 249: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to
approve the prepaid vouchers included in Warrant #0723A by the Director of Finance in the
amount of $952,609.19. [Included in the summary of vouchers approved in Resolution #248]
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 250: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
approve purchase orders as submitted by the Director of Finance.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
226
07-20-23
Webster Town Board
Resolution No. 251: MOTION by Councilman Cahill, seconded by Councilwoman Cataldi, to
approve and to authorize the Town Supervisor to sign a Service Agreement with Campus
Construction Management Group, Inc., 1241 Pittsford-Victor Road, Pittsford, New York for
Project Coordinator services through the review, approval and permitting stages of the Coca
Cola/fairlife® Facility Project in the amount of Fifteen Thousand Five Hundred Twenty-Five
Dollars ($15,525.00).
[Agreement to be filed in the Town Clerk’s Office]
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 252: MOTION by Councilwoman Cataldi, seconded by Councilman Abbott, to
authorize submission of a New York State Water Infrastructure Improvement Act (WIIA) Grant
Application.
WHEREAS, the Town of Webster wishes to apply to the New York State Water
Infrastructure Improvement Act (WIIA) Grant for a Wastewater System Improvements Project;
and
WHEREAS, the grant application requires approval from the governing board for submission:
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Webster
authorizes the submission of a New York State WIIA grant application for a Wastewater
Improvements Project; and
BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to submit the
WIIA grant application on behalf of the Town, and to execute any agreements, instruments or
other documents in connection with the Town’s acceptance of any such grants and/or the funding
thereof; and
BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 253: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
amend the State Environmental Quality Review Act process findings for the Town of Webster
Water Pollution Control Facility Asset Renewal and Water Resources Recovery Facility
Improvements Project.
WHEREAS, the Town of Webster (Town) is proposing the Town of Webster Water Pollution
Control Facility Asset Renewal and Water Resources Recovery Facility Improvements Project
(Project); and
227
07-20-23
Webster Town Board
WHEREAS, pursuant to Article 8 of the Environmental Conservation Law, as amended, the New
York State Environmental Quality Review Act (“SEQRA”) and the implementing regulations at
6NYCRR Part 617 (the “Regulations”), the Town desires to comply with SEQRA and the
Regulations with respect to the Project; and
WHEREAS, pursuant to the State Environmental Quality Review Act (“SEQRA”) and the
implementing regulations at 6 NYCRR Part 617, the Town of Webster previously completed the
SEQRA process and passed a Negative Declaration for the proposed Project on September 2,
2021; and
WHEREAS, the previously reviewed project scope included upgrades to modernize the Town’s
Water Pollution Control Facility (WPCF), including a new septage receiving building, primary
digester tank, gravity thickener tank, and administration building addition; and
WHEREAS, the Project now involves additional upgrades at the WPCF, and expansion of the
originally proposed new structures to increase the plant’s treatment capacity. The overall project
includes the following elements: a new aeration tank, new primary clarifier, one new primary
digester tank, two (2) new gravity thickener tanks, new septage receiving building, sludge dryer
building, dried product storage building, waste gas burner, all new process blowers,
improvements to the existing blower and chemical building, headworks building, and solids
handling facility, and an expansion to the existing administration building; and
WHEREAS, the Town of Webster Town Board, as Lead Agency, has updated Parts 1, 2, and 3
of the Full Environmental Assessment Form (FEAF) to reflect the change in project scope, and
subsequently notified all interested and involved agencies of the amendments made to the
project, in support of re-issuing a Determination of Significance; and
WHEREAS, pursuant to the SEQRA Regulations, the Town of Webster Town Board, as Lead
Agency, considered the significance of the potential environmental impacts of the amended
Project by (a) using the criteria specified in Section 617.7 of the SEQRA Regulations, (b)
examining the amended FEAF for the Project, including the facts and conclusions in Parts 1, 2
and 3 of the FEAF and Part 3 Evaluation Document, together with other available supporting
information, to identify the relevant areas of environmental concern, and (c) thoroughly
analyzing the identified areas of environmental concern:
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Webster Town Board has amended Parts 1, 2, and 3 of the FEAF
for the Project; and it is further
RESOLVED, that the Town of Webster Town Board has completed a review of the amended
SEQRA FEAF documents and confirms that the project is a Type I Action which has been
determined will not have any significant adverse impact on the environment as provided in the
amended FEAF documents attached hereto and hereby made a part thereof; and it is further
RESOLVED, that the Supervisor of the Town of Webster is hereby authorized to take all
actions, serve all notices, and complete all documents in order to give full force and effect to this
amended SEQRA process; and
228
07-20-23
Webster Town Board
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 254: MOTION by Councilman Abbott, seconded by Councilwoman Cataldi, to
solicit proposals for professional services for engineering design of the Boulter Industrial
Parkway Extension Project.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 255: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
grant limited relief from an established easement at 201 Southshore Place, Webster.
WHEREAS, a 20+ foot wide drainage easement was granted to the Town of Webster and
recorded in the Monroe County Clerk’s Office in Liber 264 of Maps, Page 13, on and along the
rear boundary of the property at 201 Southshore Place, Town of Webster; and
WHEREAS, Katherine and Maria Pastene are the owners of the property located at
201 Southshore Place, Town of Webster, Tax ID #050.01-2-26; and
WHEREAS, Katherine and Maria Pastene have applied to erect an approximately 70 linear foot
of 4’ tall vinyl fence in the back yard of the property at 201 Southshore Place and upon and
within the aforesaid easement in conformance with the height and setback requirements as set
forth in the Code of the Town of Webster, and that in the event the placement and/or height of
such fence is not in such conformance, such fence shall not be constructed unless the proper
variance(s) is/are received from the Town of Webster Zoning Board of Appeals; and
WHEREAS, the applicants have requested relief from the Webster Town Board to permit the
aforesaid four foot high vinyl fence to exist upon and encroach within said easement; and
WHEREAS, the Town of Webster has the authority to grant the relief requested, and the public
good will not be harmed thereby:
NOW, THEREFORE, BE IT RESOLVED:
1. Pursuant to application of Katherine and Maria Pastene, owners of 201 Southshore Place, and
in recognition of the hardship created if the relief sought herein is not granted, the limited
detriment to the Town of Webster, and upon consideration of all relevant factors, the Webster
Town Board hereby allows the construction of the aforesaid vinyl fence which will exist
upon and encroach upon the easement affecting 201 Southshore Place, Town of Webster.
229
07-20-23
Webster Town Board
2. This Resolution in no way applies to any other encroachment, violations or relief sought by
the owners, their successors, grantees or assigns from any other building, structure or zoning
violation which may exist on such premises.
3. This relief is granted upon the following conditions:
A. The proposed fence (and gate) shall encroach upon the said easement as proposed as
shown on the survey map prepared by Land Tech Surveying & Planning, P.L.L.C., 3708
St. Paul Boulevard, Rochester, New York 14617, last dated June 17, 2013 and shall be
removable.
B. The proposed fence (and gate) shall not be expanded to further encroach on or in the
easement, nor will it be moved from its permitted place within the easement as shown on
the Instrument Survey Map presented to the Town Board, and as referenced above.
C. Runoff must be able to flow under the fence where the swale enters the yard in the south
corner of the property line.
D. The gate shall be at least 10 feet wide, with the opening centered on the drain line of the
drainage easement as shown on the attached sketch of the fence (and gate).
E. Upon the destruction or demolition of the aforesaid fence or any part of thereof, through
natural causes or otherwise, the Owners of the fence will not reconstruct it without a
specific
of the Town Board authorizing its replacement or reconstruction.
Resolution
F. The Owners of the fence shall be solely responsible for any damage caused by or to the
fence as a result of the Town’s maintenance of said easement, and the Owners, their
successors and assigns further agree to indemnify, defend and hold the Town harmless
from any and all loss or damage caused to or by the fence as a result of work done by the
Town as a result of reasonable and necessary work done by the Town within said
easement.
G. In the event of an emergency, or if the Town deems it necessary or imperative, the Town
will have the right to remove or take down all or any part of said fence, without recourse
by the Owners or their successors or assigns to such removal or taking down.
H. This Resolution shall in no way affect the rights, if any, of any other public entities or
public utilities in or to said easement.
4. The record Owners of the proposed fence and the Town of Webster will enter into a licensing
agreement incorporating all the conditions of this Resolution in form and substance as
approved by the Town Attorney, and which will further provide that the Owners, at their
expense, will record the licensing agreement in the Monroe County Clerk’s Office.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
230
07-20-23
Webster Town Board
Resolution No. 256: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
grant limited relief from an established easement at 684 Hembrook Hollow, Webster.
WHEREAS, a 20+ foot wide drainage easement was granted to the Town of Webster and
recorded in the Monroe County Clerk’s Office in Liber 300 of Maps, Page 47, on and along the
rear boundary of the property at 684 Hembrook Hollow, Town of Webster; and
WHEREAS, Jonathan and Elizabeth Miranda are the owners of the property located at
684 Hembrook Hollow, Town of Webster, Tax ID # 064.03-1-40; and
WHEREAS, Jonathan and Elizabeth Miranda have applied to erect an approximately 80-90
linear foot round ranch rail fence upon and within the aforesaid easement in conformance with
the height and setback requirements as set forth in the Code of the Town of Webster, and that in
the event the placement and/or height of such fence is not in such conformance, such fence shall
not be constructed unless the proper variance(s) is/are received from the Town of Webster
Zoning Board of Appeals; and
WHEREAS, the applicants have requested relief from the Webster Town Board to permit the
aforesaid 4 foot high round ranch rail fence to exist upon and encroach within said easement; and
WHEREAS, the Town of Webster has the authority to grant the relief requested, and the public
good will not be harmed thereby:
NOW, THEREFORE, BE IT RESOLVED:
1. Pursuant to application of Jonathan and Elizabeth Miranda, owners of 684 Hembrook Hollow,
Town of Webster, and in recognition of the hardship created if the relief sought herein is not
granted, the limited detriment to the Town of Webster, and upon consideration of all relevant
factors, the Webster Town Board hereby allows the construction of the aforesaid round ranch
rail fence which will exist upon and encroach upon the easement affecting 684 Hembrook
Hollow, Town of Webster.
2. This Resolution in no way applies to any other encroachment, violations or relief sought by
the owner, his successors, grantees or assigns from any other building, structure or zoning
violation which may exist on such premises.
3. This relief is granted upon the following conditions:
A. The proposed fence shall encroach upon the said easement as proposed as shown on the
survey map prepared by Passero Associates, 16 East Main Street, Rochester, New York
14614, last dated July 1, 2019 and shall be removable.
B. The proposed fence shall not be expanded to further encroach on or in the easement, nor
will it be moved from its permitted place within the easement as shown on the Instrument
Survey Map presented to the Town Board, and as referenced above.
C. Access to the storm pond located at the north end of the property of the Owners must be
maintained.
D. The fence shall remain at least 20 feet away from any trees or supporting structures.
231
07-20-23
Webster Town Board
E. Upon the destruction or demolition of the aforesaid fence or any part of thereof, through
natural causes or otherwise, the Owners of the fence will not reconstruct it without a
specific Resolution of the Town Board authorizing its replacement or reconstruction.
F. The Owners of the fence shall be solely responsible for any damage caused by or to the
fence as a result of the Town’s maintenance of said easement, and the Owners, their
successors and assigns further agree to indemnify, defend and hold the Town harmless
from any and all loss or damage caused to or by the fence as a result of work done by the
Town as a result of reasonable and necessary work done by the Town within said
easement.
G. In the event of an emergency, or if the Town deems it necessary or imperative, the Town
will have the right to remove or take down all or any part of said fence, without recourse
by the Owners or their successors or assigns to such removal or taking down.
H. This Resolution shall in no way affect the rights, if any, of any other public entities or
public utilities in or to said easement.
4. The record Owners of the proposed fence and the Town of Webster will enter into a licensing
agreement incorporating all the conditions of this Resolution in form and substance as
approved by the Town Attorney, and which will further provide that the Owners, at their
expense, will record the licensing agreement in the Monroe County Clerk’s Office.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 257: MOTION by Councilwoman Cataldi, seconded by Councilman Cahill, to
declare the following item as recycle from the Highway Department:
2010 Core Bore, Asset Tag #05142
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Resolution No. 258: MOTION by Councilwoman Nguyen, seconded by Councilman Abbott, to
declare the following items as recycle or transfer to/from the Community Development and
Engineering Departments:
2 Drawer File Cabinet, Asset Tag #02751
Recycle
2 Drawer File Cabinet, Asset Tag #03338
Recycle
4-Drawer Fireproof Cabinet, Asset Tag #03203 Transfer from Animal Control to Com. Dev/Eng.
Beautyrest Sofil Chair, Asset Tag #03429
Transfer from Animal Control to Com. Dev/Eng.
4 drawer file cabinet, Asset Tag #03495
Transfer from Animal Control to Com. Dev/Eng.
2 Door Brown Cabinet, Asset Tag #03101
Transfer to Police
232
07-20-23
Webster Town Board
4 Drawer File Cabinet, Asset Tag #03824
4 Drawer File Cabinet, Asset Tag #03494
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Transfer to IT
Transfer to Courts
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Resolution No. 259: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
declare the following item as recycle from the Highway Department:
Staples Hyken Mesh Chair, Asset Tag #7114
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 260: MOTION by Councilman Cahill, seconded by Councilwoman Cataldi, to
declare the following item as a transfer from the Assessment Department to the Finance
Department:
Ergotron Stand Up Desk, Asset Tag #003235
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 261: MOTION by Councilman Cahill, seconded by Councilwoman Nguyen, to
declare the following items for disposal from the Assessment Department:
Green 4 Drawer Fireproof Cabinet, Asset Tag #003200
Green 4 Drawer Fireproof Cabinet, Asset Tag #003201
Blue Task Chair, Asset Tag #003223
4 Drawer Filing Cabinet, Asset Tag #003225
4 Drawer Filing Cabinet, Asset Tag #003226
Desk Unit with Overhead Fire Cabinets and 2 File Cabinets, Asset Tag #003260
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 262: MOTION by Councilwoman Cataldi, seconded by Councilwoman
Nguyen, to declare the following items for recycling and transfer from the Departments of
Community Development and Engineering:
233
07-20-23
Webster Town Board
4 Drawer Cabinet, Asset Tag #02691
4 Drawer Cabinet, Asset Tag #03283 Transfer to Police
4 Drawer Cabinet, Asset Tag #03282 Transfer to Police
4 Drawer Cabinet, Asset Tag #03281
4 Drawer Cabinet, Asset Tag #03280 Transfer to Police
4 Drawer Cabinet, Asset Tag #03279
4 Drawer Cabinet, Asset Tag #03278
4 Drawer Cabinet, Asset Tag #03277
4 Drawer Cabinet, Asset Tag #03276
4 Drawer Cabinet, Asset Tag #03275
4 Drawer Cabinet, Asset Tag #03274
4 Drawer Cabinet, Asset Tag #03273
4 Drawer Cabinet, Asset Tag #03272 Transfer to Police
4 Drawer Cabinet, Asset Tag #03271
4 Drawer Cabinet, Asset Tag #03270
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
8:25 p.m.
_________________________
Dorothy M. Maguire, Town Clerk
234
07-20-23