Webster Town Board
June 1, 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
Town Engineer ..............................................................................Mary Herington
Supervisor Flaherty led the Pledge of Allegiance to the Flag.
***
Supervisor Flaherty announced a Public Hearing to consider an addition to the Consolidated
Sanitary Sewer District, specifically the Linda Lane Extension.
At 7:32 p.m. Supervisor Flaherty opened the Public Hearing.
Florence Flammia, Webster resident, asked if the one-time entrance fee (currently $1,000.00)
charged at the time of connection will be paid by each person or will it be added to her taxes.
Art Petrone, Deputy Commissioner of Public Works, explained that it is a one-time connection
fee that each resident will pay when they connect to the Sanitary Sewer System, and it is not
added to the taxes.
Ms. Flammia asked if the Linda Land Extension Project was going to go through and if the
Crosstown Subdivision was going to be part of the Project.
Deputy Commissioner Petrone explained that whether or not the Project moves forward is up to
the State Comptroller’s Office and the Crosstown Subdivision will not be part of the Project.
The Public Hearing was closed at 7:36 p.m.
***
Resolution No. 187: MOTION by Councilwoman Cataldi, seconded by Councilman Abbott, to
approve an addition to the Consolidated Sanitary Sewer District, specifically the Linda Lane
Extension.
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WHEREAS, Ronald and Sharon Gentle, Donna Marquardt, Bernard Marquardt and Denise
Doser, Florence Flammia, Jeffrey and Sarah Paradiso, Judy Beh-Conrose, 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), are 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
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
WHEREAS, once these parcels are added to the district it will also be added to the Consolidated
Sanitary Sewer District and will be charged a capital fee (currently $58.44 annually), and once
connected an operation and maintenance fee (currently $173.53). A one-time entrance fee
(currently $1,000.00) will be charged at the time of connection; 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 Sanitary
Sewer District; and
WHEREAS, the total estimated cost of adding this parcel to the Consolidated Sanitary Sewer
District will be paid for by the residents whose property will be benefitted thereby; and
WHEREAS, if approved, the addition of these parcels and residences to the Linda Lane
Extension to the Consolidated Sanitary Sewer District will result in the revision of the map, plan
and report of that Extension and District; and
WHEREAS, it is both in the public interest and required by law that a Public Hearing be held
to consider the proposed additions of these parcels and residences to the Extension to the
Consolidated Sanitary Sewer District; and
WHEREAS, a Notice of Public Hearing was published in the Webster Herald on
May 17, 2023, posted on the Town’s Website and on the Town Clerk’s Bulletin Board at
1000 Ridge Road, Webster, New York; and
WHEREAS, a map, plan and report relating to the establishment of extension to the Sanitary
Sewer District, prepared by Costich Engineering, has been filed with the Town Clerk in
accordance with the requirements of Article 12-A the Town Law; and
WHEREAS, the Public Hearing on the addition of these parcels and residences to the Linda Lane
Extension to the Consolidated Sanitary 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, each of the owners and the developer of the lands constituting the taxable real
property encompassed within the proposed district were given notice of this Public Hearing by
regular mail sent to their last known residences; and
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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 RESOLVED:
1. The Town Board of the Town of Webster does hereby authorize and approve 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 maximum estimated 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).
3. The maximum amount to be financed by the issuance of bonds pursuant to the Local Finance
Law shall be Two Hundred Seventy Thousand Six Hundred Sixty-Two Dollars
($270,662.00).
4. The maximum annual cost of the improvements to the affected parcels and properties is
estimated to be Two Thousand Forty-Four Dollars and Thirty-Six Cents ($2,044.36).
5. The estimated cost for each of these parcels will be a capital fee (currently $58.44 annually),
and once connected an operation and maintenance fee (currently $173.53). A one-time
entrance fee (currently $1,000.00) will be charged at the time of connection.
6. The Town Board is hereby authorized and directed to obtain definite plans and specifications
and, with the assistance of counsel as required by Town law, to enter into any contract or
contracts needed for such improvements, provided the price of such contract or contracts in
the aggregate does not exceed the maximum costs estimated above.
7. Any costs of publication and recording of any documents, including easements, necessary to
affect these additions will be paid by and/or reimbursed to the Town by the property owners.
8. 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.
9. That the establishment of the extension set forth in the map of the proposed Extension to the
Consolidated Sanitary Sewer District, the plan and report thereof, be approved; that the
requested improvement be constructed and the necessary easements be acquired upon the
required funds being made available and provided; and such district shall be known and
designated as the Extension to the Consolidated Sanitary Sewer District, and shall be
bounded and described as follows:
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LINDA LANE EXTENSION
DESCRIPTION OF LANDS TO BE INCORPORATED INTO TOWN OF WEBSTER
CONSOLIDATED SEWER DISTRICT
Schedule A
All that tract or parcel of land, situate in the Town of Webster, County of Monroe, State of New
York, all as shown on a map entitled, “Town of Webster Consolidated Sewer District – Linda
Lane Extension”, as prepared by Costich Engineering, D.P.C., having drawing number 8217SD1, dated 1-4-2023.
Beginning at the intersection of the easterly right-of-way line of Holt Road, with the northerly
right-of-way line of Orchard Road; thence
A. Northerly, along said easterly right-of-way line of Holt Road approximately 352 feet to
the northwest corner of lands now or formerly owned by Donna M. Marquardt having TA
#079.08-1-1.11; thence
B. Easterly, along the north line of lands now or formerly owned by Donna M. Marquardt
having TA #079.08-1-1.11, Florence E. Flammia having TA #079.08-1-1.13 and Judy
Beh-Conrose having TA #064.20-2-50 approximately 1146 feet to the northeast corner of
lands now or formerly owned by Judy Beh-Conrose having TA #064.20-2-50; thence
C. Southerly along the easterly line of lands now or formerly owned by Judy Beh-Conrose
having TA 064.20-2-50, Sarah A. & Jeffrey S. Paradiso having TA #079.08-1-2, Florence
E. Flammia having TA #079.08-1-3 and Ronald & Sharon Gentle having TA #079.08-1-4
approximately 735 feet to the southeast corner of lands now of formerly owned by
Ronald & Sharon Gentle having TA #079.08-1-4; thence
D. Westerly and along the south property line of lands now or formerly owned by Ronald &
Sharon Gentle having TA #079.08-1-4 approximately 323 feet to a point on the easterly
property line of lands now or formerly owned by Florence E. Flammia having TA
#079.08-1-1.13; thence
E. Southerly and along the east property line of lands now or formerly owned by Florence E.
Flammia having TA #079.08-1-1.13 approximately 15 feet to a point on the north rightof-way line of Orchard Road; thence
F. Westerly and along the north right-of-way line of Orchard Road approximately 919 feet
to the point and place of beginning.
EXHIBIT B (Map) (On file in the Town Clerk’s Office)
10. That this Resolution of the Town Board establishing an Extension to the Consolidated
Sanitary Sewer District in the Town of Webster is subject to a permissive referendum
pursuant to Article 7 of the New York State Town Law.
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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
***
Supervisor Flaherty announced a Public Hearing to consider enacting Local Law #1 adding a
new Chapter to the Code of the Town of Webster, to be known as the Property Maintenance
Code.
At 7:45 p.m. Supervisor Flaherty opened the Public Hearing.
Paul Loeb, Webster resident, spoke in favor of enacting Local Law #1. He feels the Town has
done a great job drafting the document. He stated that his area of sensitivity resides around the
part of the draft that deals with exterior property maintenance. Once renovations are complete to
existing properties, he would like to see some ground cover put down. He is down wind of a
current renovation and is experiencing significant amounts of dust and dirt on his vehicles.
Supervisor Flaherty read aloud the following written statement from Webster resident, Michael
Byrne.
Per the New York State New York Uniform Code, the current max length of grass and weeds on
residential property is set at 10 inches. The current Webster Town Code is 8 inches. Your draft
proposal is set for 10” and I would propose that you modify the draft to be 8” max for grass and
weeds on residential and commercial property in the Town of Webster. I believe 8” is more
appropriate to minimize unsightly property (trash, lawn cuttings, and debris) and to minimize the
likelihood of rodent infestation on property in the Town.
The Public Hearing was closed at 7:49 p.m.
***
The meeting was open to the floor.
Several Webster Residents spoke in regard to the Town Board’s consideration of taking the
pledge to register with the New York State Department of Environmental Conservation as a
Climate Smart Community. In favor were Marianne Randall and Rebecca Collins. Not in favor
were Jen Fonseca, Susan Buckman, Michele Anderson, Eileen Warren, and Greg Cummings.
Brenda Lincoln, Penfield resident, and Laurie Reynolds, Webster Citizen Action League, also
spoke and were not in favor.
Ronald Nesbitt, Webster resident and former Town Supervisor, stated he wanted to commend
Supervisor Flaherty for his detailed and informational report to the community last week on the
status of the Emergency Medical Services (EMS) in Webster. He expressed his concerns with
Town of Webster’s EMS service provider, Northeast Quadrant Advanced Life Support
(NEQALS). Those concerns included the lack of a renegotiated contract with NEQALS that
includes metrics and standards for cleanliness and response times for Webster residents and
NEQALS’ request for additional funding. He does not feel the Town Board should consider any
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additional funding. He suggested the Town Board sit back and let NEQALS operate until the
end of the contract and then go out for a Request for Proposal (RFP) for EMS services, however,
should NEQALS fold due to lack of funds, then the Town would be able to go to RFP sooner and
find a new provider to service the Town.
Mr. Nesbitt asked the Town Board if Webster has secured a host agreement from the Coca Cola
Company promising to pay full assessed value on the new plant from day one without any
reduction in Town taxes. He also wanted to know how much more money the Webster taxpayer
is going to incur in getting the byproduct made by the Coca Cola Company to the Wastewater
Treatment Plant on Phillips Road. He stated there has to be a cost and the residents should know
this amount before the Project passes on to the Planning Board and not after.
***
Resolution No. 188: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
approve the May 18, 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. 189: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
approve the May 18, 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. 190: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to
approve the May 25, 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. 191: MOTION by Councilman Abbott, seconded by Councilman Cahill, to
approve the bills as submitted in Warrant #0623 by the Director of Finance.
Fund
General (A,B) CL #6632-6835
Highway (C,D)
Sewer (G)
Library (L)
Drainage Districts (M)
Park Districts (P)
Trust & Agency (T/A,TP,XM,XD)
144
Inside
108,945.34
31,083.17
28,655.29
14,653.01
270.00
730.00
0.00
Outside
222,172.56
77,221.15
22,197.48
10,998.60
6,909.35
0.00
246,790.41
Total
331,117.90
108,304.32
50,852.77
25,651.61
7,179.35
730.00
246,790.41
06-01-23
Webster Town Board
Fund
Capital Projects (H) #61-65
H213 SB Waterfront Park Design
H223 Lake Rd WE Drain MO.56
H224 Sandbar Shore Protect MO.59
H230 Sandbar Flood Wall MO.78
H232 Highway Garage Building
TOTAL
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Inside
Outside
Total
171,864.50
13,520.40
11,680.88
4,920.04
162,814.20
549,136.83
0.00
0.00
0.00
0.00
0.00
586,289.55
171,864.50
13,520.40
11,680.88
4,920.04
162,814.20
1,135,426.38
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Resolution No. 192: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to
approve the prepaid vouchers included in Warrant #0623 by the Director of Finance in the
amount of $586,289.55. [Included in the summary of vouchers approved in Resolution #191]
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 193: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
approve purchase orders as submitted by the Director of Finance.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Paul Adams, Finance Director, presented the Town Board with a proposed Resolution to increase
the budget for the Courthouse Roof Repair Capital Project.
Mary Herington, Town Engineer, explained the Town publicly bid the finishing aspect of the
Project a couple months ago and while it came in a little bit higher than expected, it was
reasonable once it was reviewed in more detail. The contractor has been on site for about a week
and a half and is making good progress with the drywalling.
Resolution No. 194: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
increase the allowed transfer from the General Town-wide Fund to the Courthouse Roof Repair
Capital Project H0235 from $130,000.00 to $180,000.00.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
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The Town Board was presented with a proposed Resolution to enter into an agreement with
LaBella Associates D.P.C.
Mary Herington, Town Engineer, explained that approximately two months ago, the Town Board
authorized the issuance of a Request for Qualifications (RFQ) for professional services to help
with large projects that come into Town. After finding out that fairlife, LLC, was indeed aiming
to come to Webster, proposals were solicited from Labella and Bergman, two large consulting
firms with strong abilities to review the environmental, traffic, stormwater, sanitary and other
components of this type of project. A submission was received from Labella and was very
comprehensive. They are the town engineers for many local municipalities and have done this
type of work supporting communities in the area. Their services will also be used on other large
industrial commercial developments that come to the Town of Webster.
Resolution No. 195: MOTION by Councilman Abbott, seconded by Councilwoman Cataldi, to
contract and authorize the Town Supervisor to execute an agreement with Labella Associates,
D.P.C., 300 State Street, Rochester, New York for professional services related to Engineering,
Site Plan, State Environmental Quality Review Act (SEQRA), Building Code Reviews and
Inspections for an amount not to exceed Thirty-Five Thousand Dollars ($35,000.00).
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 196: MOTION by Councilwoman Cataldi, seconded by Councilman Abbott, to
table contracting and authorizing the Town Supervisor to execute 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
***
Resolution No. 197: MOTION by Councilman Abbott, seconded by Councilman Cahill, to
authorize the Town Supervisor to execute an agreement with Sirness Vending Services, 3595
Buffalo Road, Rochester, New York to provide vending services at the Webster Recreation
Center.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 198: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to
solicit bids for the Town of Webster Highway Facility and advertise in the Webster Herald on
Wednesday, June 14, 2023.
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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. 199: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
declare the following items for auction from the Highway Department:
Toolbox for old #56, Asset Tag #5157
Transfer Tank for old #56-Tag #6233
Toolbox for old #56-Tag #6246
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Resolution No. 200: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
declare the following item for a trade-in from the Highway Department:
2014 John Deere Loader, Asset Tag #06099
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 201: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
table taking the pledge to register with New York State Department of Environmental
Conservation as a Climate Smart Community.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
At 9:04 p.m. Supervisor Flaherty called for an Executive Session.
Resolution No. 202: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
enter into Executive Session pursuant to New York State Public Officer’s Law §105(1)(f) to
discuss the financial, credit and employment history of a particular person or corporation.
WHEREAS, New York State Public Officers Law provides that the Town of Board may enter
into Executive Session to discuss certain subjects or matters:
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NOW, THEREFORE, BE IT RESOLVED:
That the Town Board enter into an Executive Session pursuant to New York State Public
Officer’s Law §105(1)(f) to discuss the financial, credit and employment history of a particular
person or corporation.
That the following persons were authorized to attend: Charles Genese, Town Attorney,
Paul Adams, Finance Director, Art Petrone, Deputy Commissioner of Public Works-Sewer,
Dennis Clough, Navitas LLC, and Bill Buchan, Buchan & Sutter, PC.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 203: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
return to Regular Session at 10:12 p.m.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
There being no further business to come before the Board, the meeting was adjourned at
10:12 p.m.
_________________________
Dorothy M. Maguire, Town Clerk
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