Webster Town Board
June 15, 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
Community Development Director......................................................Josh Artuso
Deputy Commissioner of Public Works-Sewer ................................... Art Petrone
Finance Director ................................................................................. Paul Adams
Personnel Director ..................................................................... Brayton Connard
Town Engineer ..............................................................................Mary Herington
Supervisor Flaherty led the Pledge of Allegiance to the Flag.
***
Webster Museum Historic Properties Committee Members, Sharon Pratt and Lisa McNamara
appeared before the Town Board. The Committee identifies and recognizes houses that have
maintained their integrity. The properties are honored with a historic marker for their
outstanding example of period architecture and for their historical importance to the community.
Since 2008, the Town of Webster and Webster Museum and Historical Society have presented
over sixty (60) historic markers. Webster has a significant number of older houses with the
oldest dating back to 1805/1806 which is located on Lake Road across from Hedges Restaurant.
Supervisor Flaherty presented a historic marker to the homeowners of 1515 State Road, Stephen
and Molly Dertinger. Their home was built circa 1852 in the vernacular style, with a stone
foundation and front porch.
***
The meeting was open to the floor.
Robert Schlegel, Webster resident, read aloud the following statement and provided the Town
Board members with a copy.
Our State & Federal leaders ‘obsessed’ with their ‘green energy’ program, and our county
leaders are promoting this agenda, but how will this benefit our local energy users in a better
manner than we have currently? Who will be responsible, when these new systems fail? If you
sign on with these totalitarians, it will remove some of our ‘home rule’, removing freedoms and
choices. State leaders have already dictated restriction of significantly natural gas use in just a
few years. Adding to the grid is pure insanity. Have they planned for any of this, and you’re on
board with this?
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How extensive have you researched these energy programs? Last year you said that you need
more information. What were your sources? There are hundreds of articles available
expounding on the failures of the so-called green energy program.
Solar panels only activate in sunlight and wind turbines only gather energy in the presence of
wind. At night, much of the power needs of the users will come from the storage battery, which
is limited, and that energy is expensive. When the battery cannot sufficiently supply the user’s
needs, then ‘base load power’ is needed, which comes from natural gas and coal production. If
that fails, then rationing will be the only option, before blackouts or brownouts occur. Have you
thought any of this out, which you’ll leave us with, if you sign this document.
In order for the state’s program to work, a multitude of solar panels and windmills will need to
overwhelm the spaces in the state, in which the cost to many taxpayers will be a hardship.
What’s in it for the users in this Town, other than cost, cost, and more cost. Climate change is
not directly related to what the green energy companies claim they can change. Where is the
data that justifies any of these promotions? No study has definitively shown that an ‘if (this),
then (that) is scientifically proven. We do not know however, that there will be some energy
companies and politicians who stand to make multi-millions on this scam. I hope there aren’t
any here that are among them. This ‘grant credit’ system is about to be based on a ‘social credit’
system, similar to that applied in China, simply because this will be run by the dictates of our
State leaders, where choices and freedoms will be restricted. A recent scientific study in April,
concluded that the average temperature of our country is the lowest it’s been in the last 130
years, which, in itself, shows that what the ‘global warming’ and ‘green energy’ promoters have
based their program on, came from a false premise, as well as their conclusion. Signing this
agreement is for what? Stand up to the State leaders and say ‘no’, like you did last year.
Mr. Schlegel also read aloud the following questions and presented the Town Board with a copy:
Will the carbon credits involve Town businesses or everyone in the Town?
Who will serve as the climate police, the Town leadership or those of the State?
Will ESG scores be a part of this agreement with the state?
How does the percentage of renewable energy affect any state government grants?
How will carbon credits affect any state grants?
Who will be verifying the data?
Who will be the audit, risk, and compliance teams?
Will this program add to any taxes or fees levied on our businesses or citizens of Webster?
Jen Fonseca, Webster resident, thanked the Town Board for tabling the resolution to register with
the New York State Department of Environmental Conservation as a Climate Smart Community
(CSC) with no future date. She shared that she has spoken with someone from a town near the
Binghamton area whose municipal officials took the pledge for the Climate Smart Community
just as Town of Webster was hoping to do in order to check the box for grant funding. She
stated the decision was made before the citizens were told, and that their community is now
trying to figure out how to get out of the pledge. She suggested the Town Board look into a
Climate Action Community (CAC) which is another piece of the puzzle. She also stated the
fairlife Project with Coca Cola will have major impact on the environment and community and
suggested the Town Board move forward very carefully with the project.
***
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Resolution No. 204: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to
approve the June 1, 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. 205: MOTION by Councilman Abbott, seconded by Councilwoman Cataldi, to
approve the bills as submitted in Warrant #0623A by the Director of Finance.
Fund
General (A,B) CL #6836-6989
Highway (C,D)
Sewer (G)
Library (L)
Drainage Districts (M)
Park Districts (P)
Parkland
Special Districts (N,Q,S)
Trust & Agency (T/A,TP,XM,XD)
Capital Projects (H) #66-73
H213 SB Waterfront Park Design
H220 WWTP Improvement
H223 Lake Rd WE Drain MO.56
H224 Sandbar Shore Protect MO.59
H226 Lake Rd Pump Station MO.65
H230 Sandbar Flood Wall MO.78
TOTAL
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Inside
91,916.66
250,007.37
20,673.75
42,198.38
1,138.77
0.00
1,600.00
0.00
0.00
Outside
30,040.07
5,047.42
64,155.50
5,590.62
31.32
59.66
0.00
2,340.16
257,796.17
Total
121,956.73
255,054.79
84,829.25
47,789.00
1,170.09
59.66
1,600.00
2,340.16
257,796.17
9,771.37
69,967.00
8,094.62
4,248.99
60,027.03
1,728.90
561,372.84
1,000.00
101.16
0.00
0.00
1,566.49
0.00
367,728.57
10,771.37
70,068.16
8,094.62
4,248.99
61,593.52
1,728.90
929,101.41
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Resolution No. 206: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
approve the prepaid vouchers included in Warrant #0623A by the Director of Finance in the
amount of $367,728.57. [Included in the summary of vouchers approved in Resolution #205]
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 207: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
approve purchase orders as submitted by the Director of Finance.
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Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
The Town Board was presented with a proposed Resolution to enact Local Law No. 1, adding a
Property Maintenance Chapter to the Town Code.
Josh Artuso, Director of Community Development, thanked Jim Montgomery, Town Code
Compliance Coordinator and Nick Mooney, Building Inspector, for their efforts as they were
instrumental in helping to draft the Property Maintenance Chapter.
Resolution No. 208: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
enact Local Law No. 1 adding a new chapter to the Code of the Town of Webster, to be known
as the Property Maintenance Code.
WHEREAS, the Town Board has the authority pursuant to Articles 2 and 3 of the New York
State Municipal Home Rule Law and §64 of the N.Y.S. Town Law to adopt and amend local
laws, consistent with the N.Y.S. Constitution and general State laws, in relation to the property,
affairs and government of the Town; and
WHEREAS, the Town Board has the authority pursuant to Articles 4 of the New York State
Town Law to regulate the use of land within the Town of Webster, and to generally promote the
health, safety, morals, or general welfare of the community; and
WHEREAS, it is both in the public interest and required by law that a Public Hearing be held
to consider proposed additions to the Webster Town Code; and
WHEREAS, a Notice of Public Hearing was published in the Webster Herald on May 24, 2023,
and posted on the Town Clerk’s Bulletin Board at 1000 Ridge Road, Webster, New York and
Town Website; and
WHEREAS, the Public Hearing on the proposed new Local Law was held by the Webster Town
Board on June 1, 2023 at 7:30 p.m., and all interested persons having had an opportunity to be
heard at the Public Hearing; and
WHEREAS, a short form Environmental Assessment Form (EAF) for the proposed action has
been prepared, and has been submitted to the Town Board and reviewed by the Town Board; and
WHEREAS, it is in the public interest to enact the aforesaid Local Law:
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NOW, THEREFORE, BE IT RESOLVED:
1. That the Town Board hereby determines that based upon the information in the EAF and
other available information, the proposed action is designated a TYPE II action under the
New York State Environmental Quality Review Act (SEQRA), as it will not have a
significant effect on the environment within the meaning SEQRA, and involves official acts
of a ministerial nature involving no exercise of discretion and routine or continuing agency
administration and management, and does not require the preparation of an environmental
impact statement.
2. That a Local Law be adopted to set forth the effect of Code changes by amending a certain
chapter and sections of the Webster Town Code, such Local Law to be designated as:
LOCAL LAW NO. 1 OF 2023
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF WEBSTER AS
FOLLOWS:
The new local law is to be known as the "Town of Webster Property Maintenance Code."
Chapter 243
PROPERTY MAINTENANCE
Article 1 General Provisions
§ 243-1. Title.
This chapter shall be known and cited as the "Town of Webster Property Maintenance Code" and
will be referred to herein as "this chapter".
§ 243-2. Purpose.
The purpose of this chapter is to prevent the gradual encroachment of blight, deterioration,
unsightliness and property devaluation and to assure that all premises within the Town of
Webster are maintained in a manner that, in the discretion of the Director of Community
Planning and Development or his/her representative, will assure the safety, health, and welfare of
the general public.
§ 243-3. Definitions.
The Town officer appointed by the Town Board to be in charge of
the Office of the Building Inspector of the Town of Webster in the County of Monroe and State
of New York designated by the Town Board to enforce Chapter 119, Building Construction,
Chapter 165, Fire Prevention, and Chapter 350, Zoning, and such other similar and related
ordinances and local laws as may be determined by the Town Board.
A temporary freestanding covered structure used to offer limited protection to the
items stored within. Most commonly used to store vehicles.
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The Town officer appointed by the Town Board to
be in charge of the Office of Code Compliance of the Town of Webster in the County of Monroe
and State of New York designated by the Town Board to enforce Chapter 119, Building
Construction, Chapter 243 Property Maintenance, and Chapter 350, Zoning, and such other
similar and related state and local ordinances and laws as may be determined by the Town
Board.
The officer or employee designated by appropriate
authority to be in charge of and responsible for the enforcement of the provisions of a local law,
ordinance or parts thereof for which he or she is so designated, including the Town of Webster
Code Compliance Coordinator, Code Compliance Inspector, Building and Sanitary Inspector,
Assistant Building Inspector, Fire Marshal, and Deputy Fire Marshal.
An open space surrounded by buildings, sometimes privately owned or a part
of a public property.
DEPARTMENT OF COMMUNITY PLANNING AND DEVELOPMENT - The department
consisting of, but not limited to, the Office of the Fire Marshal, the Office of the Building
Inspector, the Office of Code Compliance, and the Division of Planning and Zoning, headed by
the Director.
The Department of State of the State of New York.
Any area on which a site improvement or change is made, including
buildings, landscaping, parking areas and streets.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT - The Town officer who
is chief executive officer of the Department of Community Planning Development of the Town
of Webster in the County of Monroe and State of New York.
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the property is vacant. Such conditions
may include, but are not limited to: overgrown and/or dead vegetation; past-due utility notices
and/or disconnected utilities; accumulation of trash, junk or debris; abandoned vehicles, auto
parts or materials; the absence of furnishings and/or personal items consistent with habitation or
occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of
newspapers, circulars, flyers and/or mail, or statements by neighbors, passersby, delivery agents
or government agents; or the presence of boards over doors, windows or other openings in
violation of applicable code.
Any of the fire companies under contract to render services in the Town
of Webster, in the County of Monroe, and State of New York.
A Town official designating to be in charge of the Office of the Fire Marshal
of the Town of Webster in the County of Monroe and State of New York, designated by the
Town Board to enforce jointly with the Town’s other employed Code Enforcement Officials,
Chapter 165, Fire Prevention, and such other similar and related ordinances and local laws as
may be determined by the Town Board.
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An order issued by a Code Enforcement Official pursuant to § 243-7
of this article. The Town of Webster Notice and Order fulfills the order to remedy as defined by
and referenced in Executive Law § 382 of New York State.
Any vehicle used for recreational purposes, including but not
limited to all-terrain vehicles, boats, trailers, boat trailers and camper trailers, motor homes, and
snowmobiles.
The Secretary of State of the State of New York.
A structure which is not permanently secured to the ground and is no
larger than 200 sq/ft. Commonly constructed of plastic, fabric, or a combination of both.
Commonly used for storing residential lawn equipment and household items.
A fence constructed of materials not commonly used in the
construction of a fence that would require a Building Permit by the Town of Webster. Fencing
such as, but not limited to, snow fencing, screen fencing, netting, chicken wire, and silt screen
are examples of temporary fencing.
The New York State Uniform Fire Prevention and Building Code, as
currently in effect and as hereafter amended from time to time, including the Building Code of
New York State, the Residential Code of New York State, the Fire Code of New York State, the
Plumbing Code of New York State, the Mechanical Code of New York State, the Fuel Gas Code
of New York State, and the Property Maintenance Code of New York State. "Uniform Code"
shall also include the New York State Energy Conservation Construction Code, as currently in
effect and as hereafter amended from time to time.
Any parcel of land in the Town that contains any building or structure that is not
lawfully occupied or inhabited by human beings as evidenced by the conditions set forth in the
definition of "evidence of vacancy" above which is without a lawful tenant, or lawful occupant,
or without a certificate of occupancy.
VEHICLE- Every device in, upon, or by which any person or property is or may be transported
or drawn upon a highway, except devices moved by human power or used exclusively upon
stationary rails or tracks.
An open space on the same lot with a main building and unoccupied except for those
structures specifically permitted.
Discarded grass clippings, sticks, branches, or mulch.
§ 243-4. Scope; applicability.
A. The provisions of this chapter shall apply to all buildings and premises within the Town of
Webster as follows:
(1) Lots, plots or parcels of land which are vacant, or upon which are occupied or vacant
buildings or portions of buildings.
(2) Buildings intended for residential use or occupancy, including one- and two-family
dwellings and multiple dwellings, mixed-occupancy buildings and accessory structures.
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(3) Buildings intended for use as commercial, industrial, institutional or storage, and related
accessory structures.
(4) Any and all buildings or parcels which are under construction or demolition, including
buildings not completed, to the extent that a nuisance or practice exists, or is being
carried out, which, in the opinion of the Code Enforcement Official, is a disturbance to
the public health, safety or welfare.
B. Public land owned or under the control of local, state or federal governments or their political
subdivisions is exempt from the provisions of this chapter.
§ 243-5 Construal of provisions.
A. The provisions of this chapter shall supplement state and local laws, ordinances, codes and
regulations. Where a provision of this chapter is found to be in conflict with any provision of
a state law, local law, ordinance, code or regulation, the provision which is more restrictive
or which establishes the higher standard shall prevail when legally permissible.
B. Nothing in this chapter shall be deemed to abolish or impair existing ordinances or remedies
of the Town of Webster or its officers or agencies relating to the repair, removal or
demolition of any building deemed to be dangerous, unsafe or unsanitary.
C. For reference purposes, this chapter includes sections of and references Chapter 350, Zoning,
of the Code of the Town of Webster, codes of the Town of Webster and to the New York
State “Uniform Code”. References to local or state laws, ordinances, codes, rules or
regulations or sections thereof shall be construed to include the addendum "as from time to
time amended". Any sections of this chapter which are contained in any laws, codes or
ordinances having provision for variances and appeals shall not prohibit the seeking of
variances and appeals under such laws, codes or ordinances.
D. All words in this chapter which are not hereinafter defined shall carry the meanings set forth
in the laws referred, and if no such definition exists, the meaning shall be derived from the
customary use of the English language. If a dispute should arise, the Director of Community
Planning and Development or his/her representative shall be responsible for determining
which specific meaning is appropriate for a word which has more than one meaning and
which is not defined in this chapter.
§ 243-6 Adoption of standards.
There is hereby adopted by the Town of Webster, Monroe County, New York, for the purpose of
prescribing regulations governing general property maintenance, and conditions hazardous to life
and property from fire, explosion or other cause, the regulations and standards as set forth in the
New York State Uniform Fire Prevention and Building Code (henceforth referred to as the
"Uniform Code").
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Article II Regulatory Provisions
§ 243-7 Exterior Property Maintenance.
A. Exterior property areas.
(1) Surface and subsurface water shall be appropriately drained to protect buildings and
structures and to prevent ponding (as required by the New York State Uniform Code).
(2) Fences, walls and other minor constructions shall be maintained in safe, good and
substantial condition (as required by the New York State Uniform Code). Fences must
be constructed in a workmanlike manner using generally accepted standard fencing
materials, in the opinion of the Code Enforcement Official.
(3) Temporary fencing shall not delineate the boundary lines of any property, nor shall they
be any closer than three feet from any one boundary line. Temporary fencing may only
be erected from October 1st of one calendar year, to February 1st of the following calendar
year.
(4) Steps, walks, driveways, parking spaces and similar paved areas shall be maintained to
afford safe and convenient passages (as required by the New York State Uniform Code).
All hazards, including but not limited to holes, deep ruts, cracking or buckling of service
walks, driveways and parking lots, shall be repaired or removed.
(5) Yards, court yards, and vacant areas shall be kept clean and free of hazards (as required
by the New York State Uniform Fire Prevention and Building Code).
(6) Ground cover shall be properly established to prevent undue soil erosion, due to the
elements (as required by the New York State Uniform Fire Prevention and Building
Code).
(7) Heavy undergrowth and accumulations of plant growth which are noxious or detrimental
to health or safety shall be eliminated (as required by the New York State Uniform
Code). Except for farms, all grass, weeds, trees, or other plant growth shall be cut or
trimmed to avoid the development of places for the accumulation of blowing trash,
dumping, rodent harborages, infestation, criminal activity or places which constitute a
blighting or unsightly influence on the neighborhood. In addition, thereto, in order to
provide for the proper use of land and to prevent unhealthy, hazardous or dangerous
conditions due to the accumulation of brush, grass, rubbish or weeds or growth of
poisonous shrubs or weeds and to protect the public health, safety and general welfare of
the residents of this Town, all owners or occupants of property must remove such dangers
to health, life and property. All owners and/or occupants of land are required to cut, trim
or remove brush, grass, rubbish or weeds, or to spray with herbicides, cut, trim, remove
or destroy poisonous shrubs or weeds, when ordered to do so by notice from the Town of
Webster. Brush, grass or weeds in excess of ten inches in height on any property shall be
deemed to be unhealthy, hazardous, and a dangerous condition.
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(8) Exterior doors, windows, skylights and similar openings shall be maintained weathertight
(as required by the New York State Uniform Code).
(9) Exterior stairs, porches, entrance platforms, fire escapes and the railings thereon shall be
maintained in a safe and sound condition (as required by the New York State Uniform
Code).
(10) Roofs shall be maintained in a watertight condition (as required by the New York State
Uniform Code). Tarping of roofs for a period in excess of 30 continuous days shall be
deemed a violation of this section.
(11) Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant
to deterioration shall be treated with a protective coating of paint or other suitable
preservative (as required by the New York State Uniform Code). Exterior siding shall be
of generally accepted standard materials, in the opinion of the Code Enforcement
Official, and shall be properly maintained so as to remain affixed to the structure and
protected from weather-related deterioration.
(12) Railings shall be provided at open sides of balconies, mezzanines, porches, decks,
accessible roofs, ramps, stairways and around floor openings (as required by the New
York State Uniform Code).
(13) Dust, site drainage or any other condition which may create a nuisance to the public must
be controlled during construction and at all times.
(14) All elements and stipulations of an approved site plan must be complied with, installed
and maintained.
(15) Required handicapped parking spaces, signs or markings must be maintained and remain
unobstructed and accessible in accordance with the New York State Uniform Code and
any referenced standards. All handicapped parking spaces shall be independently
indicated by permanent signs installed in accordance with aforementioned standards.
(16) All swimming pools, both in-ground and aboveground, shall be continuously maintained
so as to avoid stagnant unhealthy water accumulation, and shall be continuously secured
so as to preclude the creation of an attractive nuisance.
(17) Carports, greenhouses, tents, temporary sheds, or similar structures erected in any yard,
court, parking lot, or similar area within the Town of Webster for more than ten days
shall meet the New York State wind and snow loads, per the New York State Uniform
Code, as well as all applicable zoning setback and dimensional regulations. It shall be
the responsibility of the property owner to show that such standards and regulations are
met.
(18) Parking is prohibited in the front yard of any lot in any residential district, except that
parking is permitted on the driveway serving the property.
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a. Vehicles parked in the front yard of a lot within a residential district due to active
driveway maintenance or construction are exempt.
(19) A lot in a residential district without a principal structure shall not be used for parking
or storage of vehicles, recreational vehicles, machinery, or similar equipment.
(20) Outdoor Lighting.
a. Exterior artificial lighting shall be maintained in operating condition. (as required
by the New York State Uniform Code).
b. All outdoor lighting fixtures shall be equipped and used in a manner which causes
all of the luminous flux from said fixtures to fall upon the surface of the structure or
ground which is intended to be illuminated (as required by Chapter 222, Outdoor
lighting, of the Code of the Town of Webster).
B. Garbage and refuse.
(1) Storage of refuse.
a. In accordance with Chapter 281 Solid Waste Management, no person shall
accumulate or permit the accumulation of refuse upon any premises owned or
occupied by him/her except for the purpose of collection, which shall normally
occur at intervals not less frequent than once every seven days, except for holidays,
Sundays, vacations or extraordinary weather, or except where caused by or arising
out of the construction or remodeling of a dwelling or other building on the
premises or incidental to the landscaping of said premises or customary agricultural
operations thereon, in which cases due care shall be taken that such accumulation
shall not create an unsightly appearance or unreasonably disturb the comfort and
repose of the neighborhood and shall be removed within a reasonable time or
immediately upon completion of the work causing such accumulation.
b. The determination of violations related to this provision shall be in the sole
discretion of the Code Enforcement Official (as required by Chapter 281, Solid
Waste Management, of the Code of the Town of Webster).
(2) No person shall throw or deposit or cause to be thrown or deposited any refuse,
hazardous waste or recyclable materials in or upon any portion of a public right-of-way,
street or place or on any property not owned or occupied by him/her, or in any refuse
container not owned, leased or rented by him/her within the Town of Webster.
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(3) Preparation of leaves for collection.
In the fall, leaves may be collected by the Town. All leaves must be stored outside of
Town gutters and roadways. Leaves stored in yard waste bags, wheelbarrows, lawn carts,
fifty-five-gallon drums, fiber barrels and waste baskets shall not be collected by the
Town. All leaves must not be mixed with other yard trimmings or refuse materials set
out for collection. Town leaf collection may begin in the month of October each year and
may end in the month of December each year at the discretion of the Highway
Superintendent.
(4) Preparation of bulky refuse.
a. Appliances and bulk refuse shall be dismantled in such a way so as not to pose a
threat to public health and safety. For example, refrigerator doors must be removed
from their hinges. (“Bulk refuse” as defined by Chapter 281, Solid Waste
Management, of the Code of the Town of Webster).
b. Such bulk refuse is to be placed at the curb in an area no larger than five feet by five
feet square by three feet high, or an equivalent volume. Amounts in excess of this
quantity will require special collection arrangements to be made by the person.
(“Bulk refuse” as defined by Chapter 281, Solid Waste Management, of the Code of
the Town of Webster).
(5) Preparation of garbage/refuse.
a. Garbage/Refuse shall be stored in proper containers. Such receptacles shall be a
container of sufficient capacity, and said container shall have handles, a tight-fitting
cover and shall be watertight. All such receptacles shall be securely closed at all
times. Wheelbarrows, lawn carts, fifty-five-gallon drums, fiber barrels and
wastebaskets are not considered suitable containers for collection of garbage/refuse
(as required by Chapter 281, Solid Waste Management, of the Code of the Town of
Webster).
b. Except for one-family or two-family residential uses, refuse containers shall be stored
either inside of a building or within an enclosure which screens said containers from
public view. Such enclosure must screen containers from public view on no fewer
than three sides and shall have operable swing gates to provide refuse collectors
access to said containers.
(6) Storage of junk.
a. The outdoor storage or maintenance of junk shall not be permitted on any lot in any
district.
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b. Definition of junk. As used in this section, the term "junk" shall mean any
manufactured good, appliance, fixture, furniture, machinery, motor vehicle,
recreational vehicle, trailer or similar object which is abandoned, demolished,
discarded, dismantled or so worn, deteriorated or in such a condition that is not
readably useable for its intended purpose. This definition shall include but shall not
be limited to scrap metal, scrap material, waste bottles, cans, paper, rubble, boxes,
crates, rags, used construction materials, motor vehicle parts and used tires.
§ 243-8 Interior Property Maintenance.
A. Structural members shall be protected and maintained to resist and prevent deterioration (as
required by the New York State Uniform Code).
B. Ceilings, walls, floors and stairways shall be maintained in a safe and sound condition (as
required by the New York State Uniform Code).
C. Habitable Spaces.
(1) It shall be prohibited to use for sleeping purposes any kitchen or non-habitable space. It
shall be prohibited to use any basement space as habitable space unless the basement
meets all egress requirements set forth by the New York State Uniform Code. The
definitions of "habitable space", "kitchen", and "basement" are those definitions found in
the New York State Uniform Code.
(2) Habitable space shall have natural light provided by means of one or more windows,
skylights, transparent or translucent panels, or any combination thereof, that face directly
on open space (as required by the New York State Uniform Code).
(3) Habitable space shall have natural ventilation provided by means of openable parts of
windows or other openings in exterior walls that face directly on open space, or through
openable parts of skylights (as required by the New York State Uniform Fire Prevention
and Building Code).
D. Electrical light.
(1) Stairs serving occupied and habitable space shall be provided with electric light to allow
safe ascent and descent.
(2) Habitable space shall be provided with electric light appropriate for the intended use (as
required by the New York State Uniform Code).
E. Toilet Rooms.
(1) Toilet rooms and bathrooms shall be provided with natural or mechanical ventilation
and light.
(2) Toilet room, bathroom, and laundry room floors shall be maintained in a watertight
condition (as required by the New York State Uniform Code).
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(3) Toilet rooms and bathrooms shall be arranged to provide privacy (as required by the New
York State Uniform Code).
F. Heating equipment and chimneys
(1) Heating equipment for residential habitable space shall be maintained so as to provide an
indoor temperature of 68º F., measured at a distance of two feet and more from exterior
walls and at a level of five feet above the floor.
(2) Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors shall be
maintained structurally safe and smoke-tight, so as to safely convey the products of
combustion to the outer air (as required by the New York State Uniform Code).
(3) Heating equipment shall be maintained in good condition, in order to provide adequate
and safe heat to occupied spaces, in the opinion of the Building Inspector.
(4) Gas heating equipment shall have a shutoff valve provided at or near the source of
supply.
(5) Fuel gas piping systems shall be maintained gastight, safe and operative under conditions
of use (as required by the New York State Uniform Code).
(6) Fuel oil.
a. Fuel oil shall be stored and conveyed by means of fixed liquid-tight equipment (as
required by the New York State Uniform Code).
b. Tanks subject to damage by vehicles shall be protected against such damage (as
required by the New York State Uniform Code).
c. Tanks shall be maintained so as not to be a hazard to the premises served (as required
by the New York State Uniform Fire Prevention and Building Code).
d. Abandoned underground residential heating oil tanks under 1,100 gallons shall be
removed or closed on site by first removing the existing petroleum product and filling
with a solid, inert material, using good engineering practice. Acceptable inert
materials for closing a tank in place include sand and concrete slurry. These tanks
shall be made safe by draining the connecting lines, disconnecting the suction inlet,
gauge and vent lines and capping the remaining piping.
G. Cooking and refrigeration.
(1) There shall be provided within each dwelling unit approved-type cooking and approvedtype refrigeration equipment located in a kitchen or kitchenette (as required by the New
York State Uniform Code).
(2) Electrical cooking and refrigeration equipment shall be properly connected to the
electrical system (as required by the New York State Uniform Code).
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(3) Gas-burning cooking and refrigeration equipment shall be connected to the gas supply
system with pipe or tubing of solid metal or approved appliance connectors (as required
by the New York State Uniform Code).
(4) Cooking and refrigeration equipment shall be maintained in good operating condition (as
required by the New York State Uniform Code).
H. Plumbing maintenance.
(1) General plumbing systems shall be maintained in good, safe, sanitary and serviceable
condition (as required by the New York State Uniform Fire Prevention and Building
Code).
(2) Water supply.
a. Potable water from an approved source shall be available at all times. The domestic
water supply system of the building shall be connected to such approved source, shall
not be subject to contamination and shall not be connected to unsafe water supplies
(as required by the New York State Uniform Code).
b. Water supply systems shall be maintained to provide at all times a supply of water to
plumbing fixtures, devices and appurtenances in sufficient volume and at pressures
adequate to enable them to function satisfactorily (as required by the New York State
Uniform Code).
c. Backflow prevention devices required by the Town of Webster or other regulatory
agencies, laws, rules or regulations must be installed and maintained in good working
order to prevent contamination of the public water supply.
(3) Hot water. Hot water shall be supplied. Water heaters or central water heating equipment
shall be maintained in good operating condition (as required by the New York State
Uniform Code).
(4) Drainage.
a. Sewage and stormwater drainage systems shall be maintained so as to function
properly and be kept free from obstructions, leaks and defects (as required by the
New York State Uniform Code).
b. Stormwater drainage shall not interfere with the use of, or cause a nuisance to,
adjoining properties.
c. Required oil separators, grease traps and other intercepting devices must be
maintained in good and operable condition.
Electrical maintenance.
I.
(1) Electrical fixtures, devices, wiring and systems shall be maintained in safe working
condition in a manner which will avoid a potential source of ignition or shock.
Deteriorated material and equipment shall be removed and replaced, as may be required
(as required by the New York State Uniform Code).
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(2) Panel boards shall be kept free from encumbrances and shall be accessible at all times (as
required by the New York State Uniform Code).
(3) Electrical systems shall comply with the National Electrical Code (NEC) and the New
York State Uniform Code.
J. Locking devices.
(1) In every single- and two-family residence, each means of ingress and egress shall be
equipped with a locking device.
(2) In every multiple dwelling, all secondary means of egress, basement entrances and all
entrances to accessory use areas shall be equipped with locking devices, and such locking
devices shall not prevent free escape from the inside.
(3) In multiple dwellings, where the main entrance is equipped with separate bells to each
dwelling unit, the main entrance shall remain locked.
(4) Separate dwelling unit, studio unit and rooming unit entrances and exits within structures
shall be equipped with locking devices.
(5) The installation or use of double-cylinder deadbolts is prohibited.
K. Smoke detectors.
(1) At least one smoke detection device per unit shall be installed adjacent to sleeping areas
in all one-family dwellings, two-family dwellings and multiple dwellings.
(2) The smoke detection system design, location and performance shall be subject to the
provisions of the New York State Uniform Code and referenced standards contained
therein.
(3) The owner of a dwelling unit shall be responsible for installing and maintaining the
smoke detection devices or systems required herein.
L. Buildings and structures shall be maintained free of insects, vermin and rodent harborage and
infestation.
§ 243-9. Vacant Structures.
Vacant buildings or structures. Every person owning or having charge or control of any building
or structure which has been vacant for over 60 days shall remove all combustible waste and
refuse therefrom and lock, barricade, guard continuously or otherwise secure all windows, doors
and other openings in the building to prohibit entry by unauthorized persons in a manner
approved by the Building Inspector.
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§ 243-10. Maintenance of Vacant Lots.
A. Within developed areas, combustible waste, refuse and large quantities of dry vegetation
which, by reason of their proximity to buildings or structures, would constitute a fire hazard
or contribute to the spread of fire shall be removed (as required by the New York State
Uniform Code).
B. Within developed areas, heavy undergrowth and accumulations of plant growth which are
noxious, detrimental to health or safety or unsightly shall be eliminated.
(1) Lots with a valid building permit are not required to maintain plant growth during active
construction.
C. Individual undeveloped lots in developed areas shall be maintained.
D. Where two or more undeveloped lots adjoin and in all other open fields and undeveloped
areas, an area of 15 feet must be maintained where these areas adjoin developed areas or
public rights-of-way.
ARTICLE III Enforcement and Compliance
§ 243-11. Designation of enforcement officer.
A. This chapter shall be administered and enforced by the Town of Webster Code Compliance
Coordinator and other Town Code Enforcement Officials. The Code Compliance
Coordinator may be assisted by a staff consisting of Code Enforcement Officers, clerks,
typists and any other employee or person designated by the Town Board or Director of
Community Planning and Development to assist in carrying out the duties of a Code
Enforcement Official. When used in this chapter, the term "Town of Webster Code
Enforcement Official" shall refer to any New York State certified Code Enforcement Official
employed by the Town of Webster or his/her designee, and the term "Fire Marshal" shall
have the same meaning as the "Town of Webster Code Enforcement Officer."
B. The Town of Webster Code Enforcement Officials may, between the hours of 8:00 a.m. and
10:00 p.m. or, if different, during normal business hours, enter any building or premises
within the Town of Webster for the purpose of making any inspection or investigation to
ensure compliance with the provisions of this chapter, the Uniform Code and Part 444 of the
Executive Law. Entry into legally occupied private residences or other residential tenancies
where there exists an individual privacy right shall be permitted only when the Code
Enforcement Official has either obtained the informed consent of the property owner or
person with a privacy right to the property, or obtained an appropriate search warrant, or acts
in the belief that there exist exigent circumstances whereby immediate entry into a residence
is required to ensure the protection of life, safety or property.
C. Should entrance upon a site to make an inspection required by this chapter or the Uniform
Code be denied, or if permission cannot be obtained to make such an inspection, application
may be made for a warrant to make such inspection to any court of competent jurisdiction.
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D. Identification of Code Enforcement Officials. The Code Enforcement Officials shall provide,
upon request, proper identification prior to conducting a routine or emergency inspection of
any building or premises.
E. Posting with placards.
(1) Code Enforcement Officials shall be authorized to affix to any building or premises a
placard for the purpose of notifying the owner, occupants and the general public that the
building or premises is subject to enforcement proceedings by the Town of Webster. The
placard may be placed anywhere on the building or premises that the Code Enforcement
Official determines will be readily noticeable and accessible.
(2) The nature of the placard to be used may be determined by the Code Enforcement
Official based upon the nature of the problem or condition. The placard may specify
"Keep Out" or "Not To Be Occupied Until a Certificate of Occupancy Is Issued" or "Not
To Be Demolished or Reconstructed Until a Permit Is Issued" or "Stop Work" or any
other form of notice, or any combination of the above notices deemed appropriate by the
Code Enforcement Official.
(3) No person shall remove, deface, conceal or destroy any such placard affixed by the Code
Enforcement Official.
§ 243-12. Correction of Violations.
A. Commencement of proceedings. Whenever the Code Enforcement Official has inspected any
building or premises and has determined that said building or premises is in violation of any
provision of the Uniform Code, the Energy Code, or this chapter, they shall commence
proceedings to cause the cleanup, repair, rehabilitation, vacation or demolition of the
building or premises.
B. Routine action. Whenever the Code Enforcement Official determines that a building,
premises or land is in violation of any provision of this chapter, they shall give notice of the
violation or violations as herein provided.
C. Notice.
(1) Such notice shall be in the form of a Notice and Order and be given by certified mail,
addressed to the last known owner at the address as shown by the records of the Monroe
County Clerk’s Office, and within five calendar days of such mailing, such notice shall
be given by:
a. Personal delivery upon such owner or owners of property; or
b. Personal delivery to the occupant of the building or premises or to the person or
individual using the land or to the person or persons allegedly responsible for such
violation; or
c. Posting the notice on the building, premises or land where the violations are deemed
to exist.
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(2) The depositing of the notice into a depository, maintained under the exclusive control of
the United States Postal Service, shall be deemed sufficient to satisfy the mailing
requirement.
(3) Such notice shall be in writing and shall specify the alleged violation and shall provide a
reasonable time of not less than five days for compliance and shall be served as stated
above. Such notice may contain an outline or mention of the remedial action that will be
taken to effect compliance in the event the owner, occupant, agent or operator does not
comply with said notice within the time period specified therein. The Code Enforcement
Official may extend the compliance time specified in any notice issued under the
provisions of this chapter where there is evidence of intent to comply within the period
specified, provided that reasonable conditions exist which prevent immediate
compliance.
D. Emergency action. Whenever the Code Enforcement Official has determined that a
condition exists which poses an immediate threat to life, health or safety, they may, without
prior notice, issue a notice citing the violation and ordering that such action be taken as is
necessary to remove or abate the hazard or danger. Such notice may include an order to
vacate, board up, fence off or demolish. Notwithstanding any other provision of this chapter,
such an order shall be effective immediately upon mailing, delivery or posting of the notice
of the violation or violations as herein provided.
§ 243-13. Actions in cases of noncompliance.
A. Whenever a Notice and Order or notices referred to above have been given, and the
violations continued to exist beyond the time specified in the Notice and Order or notices, the
Code Enforcement Official may authorize the work to be done and pay the cost thereof out of
general Town funds.
B. The Town shall be reimbursed for the cost of the work performed or services rendered by
direction of the Code Enforcement Official, as hereinabove provided, by assessment and levy
upon the lots or parcels of land wherein such work was performed or such services rendered,
and the expense so assessed shall constitute a lien and charge on the real property on which it
is levied until paid or otherwise satisfied or discharged and shall be collected in the same
manner and at the same time as other Town charges.
§ 243-14. Violations.
A. Notice and Order. The Code Enforcement Officer is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about any building, structure,
or premises in violation of the Uniform Code, the Energy Code, or this chapter. Upon finding
that any such condition or activity exists, the Code Enforcement Official shall issue a Notice
and Order. The Notice and Order shall 1) be in writing; 2) be dated and signed by the Code
Enforcement Official; 3) specify the condition or activity that violates the Uniform Code, the
Energy Code, or this chapter; 4) specify the provision or provisions of the Uniform Code, the
Energy Code, or this chapter which is/are violated by the specified condition or activity; 5)
specify the period of time which the Code Enforcement Official deems necessary for
achieving compliance; 6) direct that compliance be achieved within the specified period of
time; and 7) state that an action or proceeding to compel compliance may be instituted if
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compliance is not achieved within the specified period of time. The Code Enforcement
Official shall cause the Notice and Order, or a copy thereof, to be served on the owner of the
affected property personally or by certified mail. The Code Enforcement Official shall be
permitted, but not required, to cause the Notice and Order, or a copy thereof, to be served on
any builder, architect, tenant, contractor, subcontractor, construction superintendent, or
his/her agents, or any other person responsible for, taking part, or assisting in work being
performed at the affected property personally or by certified mail; provided, however, that
failure to serve any person mentioned in this sentence shall not affect the efficacy of the
Notice and Order.
B. Appearance tickets. The Code Enforcement Official is authorized to issue appearance tickets
for any violation of the Uniform Code, the Energy Code, or this chapter.
C. Civil penalties. In addition to those penalties prescribed by state law, any person who
violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or
condition of any building permit, certificate of occupancy/certificate of compliance,
temporary certificate, stop-work order, operating permit or other notice or order issued by the
Code Enforcement Official pursuant to any provision of this article, shall be liable to a civil
penalty of not more than one thousand dollars for each day or part thereof during which such
violation continues, in line with Executive Law § 382, Subdivision (2). The civil penalties
provided by this subsection shall be recoverable in an action instituted in the name of the
Town.
D. Injunctive relief. An action or proceeding may be instituted in the name of the Town, in a
court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term
or condition of any building permit, certificate of occupancy/certificate of compliance,
temporary certificate, stop-work order, operating permit, Notice and Order, or other notice or
order issued by the Code Enforcement Official pursuant to any provision of this chapter. In
particular, but not by way of limitation, where the construction or use of a building or
structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter,
or any stop-work order, compliance order or other order obtained under the Uniform Code,
the Energy Code or this chapter, an action or proceeding may be commenced in the name of
the Town, in the Supreme Court or in any other court having the requisite jurisdiction, to
obtain an order directing the removal of the building or structure or an abatement of the
condition in violation of such provisions.
E. Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive
remedy or penalty available to address any violation described in this section, and each
remedy or penalty specified in this section shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this section, in any other section
of this chapter, or in any other applicable law. Any remedy or penalty specified in this
section may be pursued at any time, whether prior to, simultaneously with, or after the
pursuit of any other remedy or penalty specified in this section, in any other section of this
article, or in any other applicable law. In particular, but not by way of limitation, each
remedy and penalty specified in this section shall be in addition to, and not in substitution for
or limitation of, the penalties specified in Executive Law § 382, Subdivision (2), and any
remedy or penalty specified in this section may be pursued at any time, whether prior to,
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simultaneously with, or after the pursuit of any penalty specified in Executive Law § 382,
Subdivision (2).
§ 243-15. Severability.
If any clause, sentence, paragraph, section, article or part of this local law shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof but shall be confined in its operation to the clause, sentence,
paragraph, section, article or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
3. This Local law shall take effect immediately upon the appropriate filing as required by law.
4. The Town Clerk is hereby authorized and directed to take such action as may be necessary to
carry this Resolution into effect.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Art Petrone, Deputy Commissioner of Public Works-Sewer, stated the following proposed
Resolution is to authorize the Town Supervisor to sign a construction contract with Navitas LLC
to begin upgrades on the Wastewater Treatment Plant. The Town partnered with Navitas LLC in
August of 2021 for development of the Project.
Resolution No. 209: MOTION by Councilwoman Cataldi, seconded by Councilman Cahill, to
authorize the Town Supervisor to execute an Energy Performance Contract with Navitas LLC for
improvements to the Town of Webster Pollution Control Facilities.
WHEREAS, in November 2021 Webster engaged consulting engineers Barton & Loguidice,
D.P.C. (“B&L”) to conduct a Flextech Study to evaluate energy efficiency and energy
conservation measures (“ECM’s”) at its water pollution control facilities located at 226 Phillips
Road in the Town of Webster, New York (the “Facilities”) pursuant to an agreement between the
Town and the New York Energy Research and Development Agency conducted in consultation
with the New York State Department Of Environmental Conservation; and
WHEREAS, B&L developed a Preliminary Engineering Report (“PER”) in conjunction with the
Study that identified a series of ECM’s that would significantly upgrade the existing Facilities
while generating energy from biological treatment residuals generated internally by the Facilities
and create opportunities to generate energy from outside wastes thereby creating new income
streams to support the project while reducing the rapidly escalating costs to landfill biosolids;
and
WHEREAS, Webster issued Request for Professional Based Services to implement the PER for
the Town of Webster, seeking proposals for a full range of energy, operational, wastewater
treatment, and energy-related capital improvements pursuant § § 9-101 through 9-103 of the New
York Energy Law (herein, the “Act”); and
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WHEREAS, pursuant to the RFP, the Town sought proposals for the provision of energy
services including the installation, maintenance or management of energy systems or equipment
to improve energy efficiency, or produce energy, in exchange for a portion of the energy savings
or revenues that would result in cost reductions and revenue increases over the span of thirty-five
(35) years or less; provided, that such cost reductions and revenue increases would not exceed
the reasonably expected useful life of any ECM; and
WHEREAS, in addition, the Town sought proposals that would substantially reduce the cost of
landfill disposal of biosolids, protect the health, safety, and welfare of Town residents while
promoting energy conservation, energy independence, developing alternative sources of revenue,
and fostering business activity; and
WHEREAS, the Town evaluated multiple proposals from energy services companies and held in
person interviews with three respondents ultimately determining that Navitas LLC would employ
local union labor for a majority of the work, provide a guarantee that within a 35 year period
100% of the capital cost of the project will be recovered through ECM’s and work closely with
B&L to implement an innovative energy focused design for the plant upgrade; and
WHEREAS, the Town and Navitas LLC have reached an agreement for the design and
construction of an energy project at a total cost of Forty Million Two Hundred Twenty-Five
Thousand One Hundred Forty-Seven Thousand Dollars ($40,225,147.00) that will upgrade and
renew the Town’s Facilities in full compliance with the Act.
NOW THEREFORE, IT IS RESOLVED:
That the Town Board of the Town of Webster authorizes and directs the Town Supervisor to
enter into an agreement with Navitas, LLC to implement an energy performance contract in the
amount of Forty Million Two Hundred Twenty-Five Thousand One Hundred Forty-Seven
Thousand Dollars ($40,225,147.00) that is compliant with Article 9 of the New York State
Energy Law in substantially the same form as is on file with the Town Clerk.
[Contract 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
***
The Town Board considered the following proposed Resolution.
Resolution No. 210: MOTION by Councilman Abbott, seconded by Councilman Cahill, to
authorize the Town Supervisor to execute a Letter of Engagement with Woods Oviatt Gilman
LLP for consultation and advice related to the legal compliance with the mandates of the State
Environmental Quality Review (SEQR) approval process associated with The Coca Cola
Company fairlife Project in an amount not to exceed Ten Thousand Dollars ($10,000.00) which
may be modified as deemed necessary however, will require prior approval.
[Letter of Engagement to be filed in the Town Clerk’s Office]
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Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Resolution No. 211: MOTION by Councilwoman Cataldi, seconded by Councilwoman
Nguyen, to authorize the Town Supervisor to execute a Letter of Engagement with Knauf Shaw
LLP to provide environmental legal representation related to the redevelopment, remediation,
and potential acquisition of 600 Ridge Road.
[Letter of Engagement to be filed in the Town Clerk’s Office]
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Supervisor Flaherty proposed the following Resolution be tabled as the Town has not initiated
the vetting process to obtain a project manager to oversee the Coca Cola fairlife Project.
Resolution No. 212: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
table the approval and execution of an agreement for Professional Services for project
management to oversee the Coca Cola fairlife Project in conjunction with the 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. 213: MOTION by Councilman Abbott, seconded by Councilwoman Cataldi, to
declare its intent under the State Environmental Quality Review Act (SEQR), to serve as Lead
Agency in regard to all municipal approvals in regard to the development of a production facility
by The Coca Cola Company and fairlife in the Town of Webster.
WHEREAS, a proposed development of real property located on the east side of Basket Road,
west of County Line Road and north of Ridge Road (Route 104), 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 066.03-01-20.1 (12.85 acres) has been proposed by the
Coca-Cola Company and fairlife (“the fairlife Project”); and
WHEREAS, with the assistance of consultants and design engineers the Town Board of the
Town of Webster (“Town Board”), the Town of Webster is reviewing the fairlife Project, its
impact upon the environment in connection with Town infrastructure, and assisting in
coordinating the various reviews and procedures required by the Town and the Town’s Planning
Board and Zoning Board of Appeals, if any, as well as other non-Town municipal agencies; and
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WHEREAS, the aforesaid consultants and design engineers have been authorized to proceed
with engineering services including assistance in compliance 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 Type I Action, and, in this capacity will determine if the proposed
action will have a significant effect on the environment; and
WHEREAS, the “Lead Agency” will undertake a coordinated review of this action under the
State Environmental Quality Review Act (“SEQRA”):
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby:
(a) declares its desire to serve as Lead Agency for purposes of a coordinated review under
SEQRA for the Project;
(b) preliminarily classifies the Project as a Type I action under SEQRA; and
(c) will circulate the Lead Agency Notice and all required forms and information to all
Involved and Interested Agencies, which Agencies shall be given 30 days from the
mailing of the Lead Agency Notice to challenge the Town Board’s Lead Agency
designation.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 214: MOTION by Councilwoman Cataldi, seconded by Councilman Abbott, to
authorize the Town Supervisor to execute an agreement with Barton & Loguidice for
Professional Engineering Services for the Water Pollution Control Facility effluent sampling
point relocation.
WHEREAS, under the current State Pollutant Discharge Eliminating System (SPDES) Permit,
the Village of Webster and the Town of Webster Wastewater Treatment Facilities share a
common effluent outfall sampling location installed with the Town of Webster’s Phase I
Improvement Project; and
WHEREAS, the Village of Webster is currently upgrading their Wastewater Treatment Facility
and working to attain their own SPDES Permit; and
WHEREAS, with said changes, the Town of Webster needs to relocate the current sampling
point, located in the shared outfall pipe, upstream within the Town’s recently installed 48-inch
effluent pipe; and
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WHEREAS, the Town of Webster has received a proposal from Barton & Loguidice to provide
Professional Engineering Services for the design phase of relocating the effluent sampling point
for an amount not to exceed Nine Thousand Five Hundred Dollars ($9,500.00); and
WHEREAS, the Village of Webster will fully reimburse the Town of Webster an amount not to
exceed Nine Thousand Five Hundred Dollars ($9,500.00):
NOW, THEREFORE, BE IT RESOLVED:
That the Town Board authorizes the Town Supervisor to execute a Professional Engineering
Services Agreement with Barton & Loguidice for an amount not to exceed Nine Thousand Five
Hundred Dollars ($9,500.00) to evaluate a new effluent sample point, prepare a basis of design
technical memorandum and prepare construction drawings and technical specifications as well as
opinion of probable cost.
[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. 215: MOTION by Councilwoman Cataldi, seconded by Councilwoman
Nguyen, to award the Polymer Bid for the Wastewater Treatment Plant and authorize the Town
Supervisor to execute an agreement.
WHEREAS, pursuant to the requirements of General Municipal Law §103, on December 7, 2022
bids were advertised in the Webster Herald for Polymer to be used at the Town of Webster
Wastewater Treatment Plant located at 226 Phillips Road for a term of two (2) years with two (2)
one-year extensions if agreed to by the Town of Webster and the Supplier; and
WHEREAS, on January 11, 2023 at 11:05 a.m. two (2) sealed bids were publicly opened and
read aloud by the Town Clerk; and
WHEREAS, the following bids were received:
Polydyne, Inc.
$1.69/Pound
One Chemical Plant Road
Riceboro, GA 31323
Solenis, LLC
2475 Pinnacle Drive
Wilmington, DE 19803
$1.70/Pound
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Webster awards the Polymer Bid (Clarifloc C-6295 and Clarifloc C-6254) for
the Wastewater Treatment Plant to Polydyne Inc., One Chemical Plant Road, Riceboro, Georgia
31323 in the amount of $1.69/Pound for the term of two (2) years with the Town having the
option of renewing or extending the terms of the Agreement for two (2) additional 1-year
terms, and to authorize the Town Supervisor to execute an Agreement.
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[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. 216: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to seek
approval of the State Comptroller to extend or increase the amount to be expended for an
improvement to the infrastructure of the Town of Webster, specifically the Linda Lane Extension
to the Consolidated Sanitary Sewer District, north of North Ponds Park and east of Holt Road in
the Town of Webster.
WHEREAS, the owners of certain parcels of land in an affected portion of Linda Lane in the
Town of Webster, known as 1, 5, 9, and 11 Linda Lane, 780 Holt Road, 1130 Orchard Road,
Orchard Road (vacant), were desirous of extending sanitary sewer to their property, such
parcels also identified as Tax ID Numbers 079.08-1-1, 079.08-1-3, 079.08-1-2, 064.20-2-50,
079.08-1-1.11, 079.08-1.1.12, 079.08-1-1.13, and requested the Town of Webster therefor; and
WHEREAS, total costs for this extension to the existing sewer district is estimated not to exceed
Two Hundred Seventy Thousand Six Hundred Sixty-Two Dollars ($270,662.00), and the cost,
for the life of a 25-year bond for each parcel being the amount of Two Thousand Forty-Four
Dollars and Thirty Six Cents ($2,044.36); and
WHEREAS, the owners of the affected parcels to be added will grant easements to the Town of
Webster for the construction of said sanitary sewer improvements, which easements will be
recorded and shown on a map to be prepared for the Town of Webster Consolidated Sewer
District; and
WHEREAS, the total estimated cost of adding this parcel to the Consolidated Sanitary Sewer
District will be paid for by the owners and residents whose property will be benefitted thereby,
but will initially be bonded by the Town of Webster on the behalf of such owners and residents;
and
WHEREAS, a Public Hearing on the addition of these parcels and residences to the Linda
Lane Extension to the Consolidated Sewer District was held by the Webster Town Board on
June 1, 2023 at 7:30 p.m., and all interested persons having had an opportunity to be heard at the
Public Hearing; and
WHEREAS, all interested persons having been heard, and no objections to the creation of the
extension having been submitted or voiced; and
WHEREAS, the Town Board of the Town of Webster, at its regular meeting of June 1, 2023, did
resolve and order the creation of the Linda Lane Extension to the Consolidated Sewer District by
Resolution No. 187; and
WHEREAS, an application pursuant to Title 2 NYCRR Part 85 has been prepared at the
direction of the Town Board setting forth, inter alia, the maximum costs of the improvements to
the Consolidated Sewer District and the proposed financing thereof; and
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WHEREAS, the Town Board of the Town of Webster believes that the contents of the
application are accurate; and
WHEREAS, the Town Board has determined that the proposed Extension to the Consolidated
Sewer District and the expenditure for such extension is in the public interest, and will not
constitute an undue burden on the properties which will bear the cost(s) thereof; and
WHEREAS, the cost of the proposed improvements are to be assessed against the benefited area,
and that all property to be assessed will be benefited by the proposed improvements and that no
benefited property has been excluded; and
WHEREAS, the Town Attorney has or will upon submission of such application for approval of
the State Comptroller, and pursuant to and in compliance with 2 NYCRR Section 85.5, shall
provide his opinion of legal sufficiency upon which the State Comptroller may rely; and
WHEREAS, a short form Environmental Assessment Form (EAF) for the proposed action has
been prepared, and has been submitted to the Town Board and reviewed by the Town Board:
Now, Therefore, be it Ordered that:
1. The Town Board of the Town of Webster does hereby authorize the Supervisor of the Town
to seek and apply for permission of the State Comptroller, as required by New York State
Town Law and the rules and regulations of the State of New York, particularly Articles 12
and 12-A of the Town Law and Part 85 of Title 2 of NYCRR, to apply to the Comptroller for
permission to establish, extend or increase the maximum amount to be expended/bonded as
and the construction of certain sewer improvements along a portion of Linda Lane in the
Town of Webster, servicing the above parcels and residences located on Linda Lane, Holt
Road and Orchard Road, in the Town of Webster.
2. The Town Board hereby determines that based upon the information in the Environmental
Assessment Form and other available information, the proposed project will not have a
significant effect on the environment within the meaning of SEQRA and does not require the
preparation of an environmental impact statement.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 217: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
direct that an application be made to the State Comptroller to permit an addition to the
Consolidated Sanitary Sewer District, specifically the Woodard Road Extension, in the Town of
Webster.
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WHEREAS, Paul & Helen Sleeman, Papis Convenient, Inc, Andrew & Kara Foote, Jeremy &
Mary Beth Covert, Alex & Stacey Szabo, Christopher Anschutz & Heather Horvath, the owners
of certain parcels of land in an affected portion of Woodard Road in the Town of Webster,
known 1673, 1680, 1681, 1683, 1690, 1704 Woodard Road have sought approval of the Webster
Town Board to extend sanitary sewer service(s) to their respective properties, such parcels also
identified as Tax ID Number 051.03-1-3.1, 050.02-1-30.1, 051.03-1-4, 051.03-1-6,
050.02-1-30.2, 050.02-1-29; and
WHEREAS, total costs for this extension to the existing sewer district is estimated not to exceed
One Hundred Thirty Six Thousand Seven Hundred Fifty Dollars ($136,750.00), with the
maximum annual fee for the life of a 30-year bond for each parcel will be One Thousand FortyOne Dollars and 16 cents ($1,041.16); and
WHEREAS, once these parcels are extended sanitary sewer services, they will also be added to
the Consolidated Sewer District and will be charged a capital fee (currently $58.44 annually),
and once connected an operation and maintenance fee (currently $173.53 annually). A one-time
entrance fee (currently $1,000.00) will be charged at the time of connection; and
WHEREAS, a Public Hearing was held, at the request of the aforesaid property owners on
May 18, 2023, and all interested persons having been heard, and no objections to the creation of
the extension having been submitted or voiced; and
WHEREAS, the Town Board having authorized and approved the construction of these sewer
improvements as stated above by Resolution No. 179 of May 18, 2023; and
WHEREAS, an application having prepared for submission to the State Comptroller pursuant to
Town Law Sections 194 and 209-f, as applicable, and Title 2 NYCCC Part 85 at the direction of
the Town Board setting forth, inter alia, the maximum costs of the improvements to the
Consolidated Sewer District and the proposed financing thereof; and
WHEREAS, a short form Environmental Assessment Form (EAF) for the proposed action has
been prepared, and has been submitted to the Town Board and reviewed by the Town Board; and
WHEREAS, the Town Board has reviewed the contents of the application, and believes the
contents thereof to be accurate:
NOW, THEREFORE, BE IT RESOLVED:
1. The Town Board of the Town of Webster believes that the contents of the application are
accurate.
2. The Town Board has determined that the proposed Extension to the Consolidated Sewer
District and the expenditure for such extension is in the public interest and will not constitute
an undue burden on the properties which will bear the cost(s) thereof.
3. The cost(s) of the proposed improvements are to be assessed against the benefited area, and
that all property to be assessed will be benefited by the proposed improvements and that no
benefited property has been excluded.
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4. The Town Attorney has or will upon submission of such application for approval of the State
Comptroller, and pursuant to and in compliance with 2 NYCRR Section 85.5, shall provide
his opinion upon which the State Comptroller shall grant permission.
5. The Town Board hereby determines that based upon the information in the Environmental
Assessment Form and other available information, the proposed project will not have a
significant effect on the environment within the meaning of SEQRA and does not require the
preparation of an environmental impact statement.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 218: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
approve the ratified CSEA White Collar Contract, amending the adopted 2023 Holiday calendar,
and adopting a matching compensation plan for non-union salaried employees and officials.
WHEREAS, the Town and CSEA are parties to a labor contract that expired December 31, 2022
and have been engaged in negotiations for a successor agreement since 2022; and
WHEREAS, the Town and CSEA have reached a settlement agreement for a four year contract
and the union membership ratified the settlement agreement on June 1, 2023; and
WHEREAS, the settlement agreement changes the holiday schedule for CSEA White Collar
members, by recognizing Martin Luther King, Jr. Day and Juneteenth and trading Good Friday
for the Day After Thanksgiving; and
WHEREAS, historically, non-union employees have matched the CSEA White Collar cost of
living increase, but have not had the benefit of salary schedules, and the non-union salaried
employees (except Library employees and the Police Captain, which are handled separately)
have not yet received a compensation increase for 2023; and
WHEREAS, the use of salary schedules is a best-in-class human resources practice because it
reduces bias and encourages equitable non-discriminatory pay practices, and it provides budget
control and expense predictability by setting minimum and maximum pay for positions. Salary
schedules help ensure that union and non-union positions with comparable duties and
responsibilities receive comparable pay, and they help prevent pay compression; and
WHEREAS, The Director of Finance indicates that the adopted 2023 Town Budget contains
sufficient funding to cover the cost of approving the CSEA White Collar settlement and to apply
the same COLA and bonus payments to the non-union salaried group:
NOW, THEREFORE, BE IT RESOLVED:
1. The Town Board hereby approves the ratified CSEA White Collar Unit #7411-01 Union
Contract for a term of four (4) years; 2023 through 2026.
2. In accordance with the White Collar contract settlement, the Town Board hereby amends the
2023 adopted holiday schedule to add the Day After Thanksgiving as a Town Holiday.
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3. The Town Board hereby adopts a new salary schedule for full-time non-union positions
which is a continuation of the CSEA White Collar salary schedule.
4. The Town Board hereby allocates full time non-union positions to pay grades on the new
salary schedule, except Library employees, the Police Chief and Police Captain.
5. The Town Board hereby applies the CSEA White Collar settlement cost of living increase
effective July 1, 2023, to all salaried non-union positions. This includes full time and parttime salaried employees (except Library employees and Police Captain), citizen board
members and elected officials.
6. The Town Board applies the CSEA White Collar settlement bonus payment to full time
salaried non-union positions, except Library employees and Police Captain.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Carlos Dachary, 360 Lake Road, appeared before the Town Board with a request for a Fill
Permit. His property is adjacent to Lake Ontario along the Webster Sandbar. He wishes to cut
into the 12-foot berm and build a retaining wall to provide more parking on his property.
Resolution No. 219: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
approve the issuance of a Fill Permit pursuant to Section 201 of the Webster Town Code for
property owned by Carlos Dachary located at 360 Lake Road with the following conditions:
•
•
•
Limit track‐out onto Oklahoma Beach and Lake Road and clean daily as necessary.
Install erosion control at the construction entrance to protect the immediate adjacent areas
from runoff.
Keep construction and soil disturbance activities outside of the wetland buffer on the south
side of the construction site.
If spoiled soil is being deposited at a property within the Town of Webster, ensure the
recipient has a fill permit or approved site plan on file with the Town.
Obtain a building permit for the retaining wall with the Town’s Building Department OR
step back slopes 2H:1V, or at a lesser slope if needed to support vegetation.
Stabilize disturbed areas at the completion of construction.
Comply with the Town of Webster Noise Ordinance.
Allow Town access during the project to review site and progress.
Any deviations from the approved plan to be submitted to the Town for its review and
approval.
If project appears to cause any adverse issues on surrounding properties or towards Lake
Ontario, stop work and contact Town to reevaluate plan.
•
•
•
•
•
•
•
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Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Resolution No. 220: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to
declare the following items for recycling from the Departments of Community Development and
Engineering:
• 3 Drawer Fire Resistant File
Asset Tag #03252
• 3 Drawer File Cabinet
Asset Tag #03245
• Black Bookcase with Glass Cover Asset Tag #02750
• 2 Drawer File Cabinet
Asset Tag #03253
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 221: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
declare the following items for auction/recycling from the Sewer Department:
• 2012 Ford Pick-up
Tag #05681 (auction)
• Dissolved Oxygen Meter
Service #04E979
• Fisher Scientific Meter
Asset Tag #01957
• Triple Beam Balance
Asset Tag #01022
• Triple Beam Balance
No Asset Tag
• AO Instrument Colony Counter
Asset Tag #01963
• Orion Research
Asset Tag #01023
• Ion Analyzer
Asset Tag #00156
• Thermolyne Hotplate
Asset Tag #01042
• Bausch & Lomb Spectronic 70
Asset Tag #00158 (Old Asset Tag #00155)
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Supervisor Flaherty proposed tabling the following Resolution and asked the Town Engineer to
explain as to why.
Mary Herington, Town Engineer, explained that Town staff has gone through a robust process to
try to figure out the best approach to grant and public funding assistance. The process included
obtaining qualifications from a number of firms with a handful of them providing presentations
to the Town Board. Follow up interviews are currently being done to evaluate how the Town
can best utilize the qualifications discovered during this process.
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Resolution No. 222: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
table executing an agreement for professional services related to grant and public funding
assistance for the 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
***
There being no further business to come before the Board, the meeting was adjourned at
8:42 p.m.
____________________________
Dorothy M. Maguire, Town Clerk
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