Minutes

Webster Town Board

February 23, 2023

A 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

Highway Superintendent....................................................................Pat Stephens

Town Justice......................................................................................Tom DiSalvo

Supervisor Flaherty led the Pledge of Allegiance to the Flag.

***

In recognition of awards received by two Sewer Department employees, Councilwoman Cataldi

read aloud the following:

Outstanding Operator of The Year Award

This award is given to a front-line individual who has demonstrated extraordinary dedication to

the day-to-day operation of a Water Resource Recovery Facility (WRRF). There are seven

NYWEA Chapters across the state and it is given annually to one operator per chapter.

Dwayne has been at the facility for 15 years; he has worked his way up from labor to become a

certified operator in 2019. He is a Grade 4A Certified Operator.

“Dwayne has a thirst for knowledge. He has a wide range of institutional knowledge, but

continually asks questions to help build on that knowledge. Dwayne can always be counted on

to pitch in and help out. Whether the help is needed in the lab, plant or outside maintenance, or

just helping keep the sidewalks clear of snow, he is willing to do what it takes to be a team

player. Dwayne's mind is always working, looking for ways to improve processes or maybe just

try doing it a different way. Whether it works out or not, he uses the experience and knowledge

he gained from the process to make him a better employee.”

This scholarship is named after Lucy Grassano, who was a Principal Administrative Assistant at

New York City Department of Environmental Protection (NYCDEP). She was a mentor, friend,

teacher, and “mother” to many operations staff throughout the years. Everyone needs a coach, it

is in this spirit, that these scholarships are granted in her name. This scholarship is offered each

year to one certified operator from each of NYWEA’s seven chapters.

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Tim has been in the industry for twelve years, the last ten as a certified operator. The first six

years were for Monroe County and the last six years have been for the Town of Webster. He is a

Grade 3A Certified Operator.

Tim has a “can-do” attitude, he is always ready and available when handed job tasks or asked to

do additional jobs during the workday and we know the job will be done right. This flexibility

allows him to accept new ways to do things and to take on new challenges. He also shows a

genuine interest in others and treats others with common courtesy. Tim shows respect,

compassion, and empathy for fellow co-workers and works effectively and cooperatively with

others, he is the consummate team player and mentor.

These are just two of the talented and award worthy employees employed at the Walter Bradley

Water Pollution Control Facility.

Webster Highway Department

In recognition of emergency relief efforts following the Holiday Blizzard in the City of Buffalo

by Webster Highway Department staff, Pat Stephens, Highway Superintendent, read aloud the

following:

In the aftermath of the Buffalo Blizzard that devastated the City of Buffalo in late December

2022, Monroe County Towns and Villages were called into action by Erie County to assist with

snow removal in the City of Buffalo. The Town of Webster was able to supply the largest fleet

of any Monroe County Town with (4) 10-wheel dump trucks and (2) Front end loaders. This

equipment required 12 operators to run around the clock. The Highway Department employees

working on this effort did so with skill, precision and professionalism that is unmatched in the

industry. The effort provided critical relief to Buffalo residents and allowed them to get back to

their daily lives. While this effort was underway in Buffalo the remaining department

employees, led by foremen John Leckinger, maintained full operation of the department here in

Webster.

“The willingness of our highway employees to drop everything and be ready to start work within

minutes is just one of the outstanding qualities that all members of the department possess.

When the call came for this effort to assist our neighbors to the west the response was exactly

that, outstanding. Within 30 minutes there were 12 staff members ready to go and several

willing alternates at the ready. Once the group mobilized to Buffalo, they operated with

maximum efficiency for 84 straight hours on alternating shift removing over 500 loads of snow

from City streets. This level of efficiency would not have been possible without the leadership

of Foremen, Joe Kaspar and Joe Marrapese, who each organized and ran shifts during the

deployment while also operating equipment. All members of the department should be

extremely proud of this effort.”

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Highway Staff that worked in Buffalo:

Curt Coddington

Bradley Ferguson

Christopher Hobbs

Daniel MacKenzie

Joseph Marrapese

Andrew Mrozek

Patrick Prahler

Christopher Schneider

William Thornton

Joseph Kasper

John Fustor

Matthew Micsak

Jeffrey Reiber

Howard Parker

***

The meeting was open to the floor and the following Webster residents spoke.

Frank DeNunzio commented on the bonding of the proposed construction and reconstruction of

the new Highway Facility. He stated he lives immediately north of the Highway Department

parcel about 300 yards from the salt barn and the main garage. He has reviewed the

modernization project documentation that was posted online, toured the facility, and viewed the

area being prepared for site expansion several times. After viewing the facility firsthand, he has

no doubt that the main building is sorely outdated and has outlived its usefulness. Current

building conditions and congestion do not comprise of what he believes to be efficient, safe and,

in some cases, minimally acceptable working conditions. He also believes there is an ongoing

liability risk to the Town, the Highway Department and the people that work there. He feels the

facility replacement will be the most cost effective and efficient alternative to address the myriad

of issues that exist. He supports the proposed facility modernization project despite the debt

burden posed to the Town or its property tax implications. He stated that he respectfully urges

the Town Board to approve the Bond to fully fund the project and believes that in the long haul it

will serve the Town quite well.

Jason Torres commented on the bonding of the proposed construction and reconstruction of the

new Highway Facility. He stated the proposed Highway Facility is a “hard pill to swallow” as it

is coming on the tail end of several other proposals that were approved that include tax increases.

He would like to see more research on the green initiative. He stated he would like to see how

the funds for the project will be allocated and used. He asked if someone could provide him with

direction to access the New York State Environmental Quality Review documentation and the

Law(s) that governs the bonding process. Personally, he feels the process is “taxation without

representation”. He stated he did view the facilities and agrees there needs to be some

improvements and does not like seeing people working in those kinds of conditions. However,

he believes the Town is putting the “cart before the horse” by approving the bonding without

defining where the funds will be spent.

Jane Taylor commented on the septic systems located on the upper part of Gravel Road and

Klem Road, an exit change to Gravel Road and the runoff in her area. She stated two years ago

and every year following she has been trying to get improvements done to the antiquated septic

systems located on Gravel Road and Klem Road. She attended a meeting about changing the

exit of Gravel Road onto Ridge Road and wondered if this plan will be moving forward. She

feels she is not being notified properly and timely. Regarding the runoff in her area, she feels it

has not been dealt with as it floods every Spring faithfully and feels the runoff needs to be

redirected. She believes it is partly due to all the buildings in the area dumping their wastewater

into the ground without being treated. She stated she would place this matter as high priority.

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Ken Corpus stated that he agrees that there is a need for a new garage. It is old, outdated and

there is no fire suppression in the building. He is concerned with the way the project was “rolled

out” based on recent changes to Town Board agendas. He feels the project’s budget still lacks

details. He stated the Town bonding the project for 30 years is not really a Bond, it is an

additional tax and will not come off the tax rolls after the 30 years, just like the two Bonds that

are supposed to come off now. He is concerned with the Town moving ahead with the Bond

when the design is only 50% complete. He would like to see more detail before he decides if he

is for or against the project. He feels the average home is worth more than $200,000 and the

homeowner will see a tax increase of more than $100 based on the following projects totaling

$88 Million: Sewer Project $44 Million, Highway Facility Project $28 Million, Sandbar Park

Project $11 Million, Comprehensive Plan $1 Million, Vosburg Pump Station $3 Million and if

the Town includes a proposal for an ambulance district, then there is another $1 Million. He

feels the Town Board should not vote on the Bond Resolution for the reasons provided.

Tony Hubbard commented on the bonding of the proposed construction and reconstruction of the

new Highway Facility. He stated he has seen a lot of growth in population in the Town over the

past 50 years. He did have the opportunity to visit the site. It is obvious to him that it really

needs upgrading, replacement and is not adequate for the highway staff or equipment. He urges

the Town Board to vote for the eventual approval and upgrade of the facility. He believes it is

important to consider other revenue sources, such as State, Federal and possibly even County

funding to keep the tax burden as low as possible.

Ron Nesbitt commented on the bonding of the proposed construction and reconstruction of the

new Highway Facility. He stated he is not against the fact that the Town should build a new

highway garage as it has been needed for a long time. It was not a new idea by the current

administration. In 2020, the previous administration had already started planning for a new

facility. It has been about five years to get to 50% design of the new building. He questions why

the Town Board is not waiting until 100% of the design is complete before going out to bid and

bonding the project. He stated that by their own admission up to this point, the Town Board has

not looked into green energy. If the Town Board decides to include green energy after approving

the $28,000,000 Bond, where will the Town obtain the additional funds? The Irondequoit

Highway Department has solar panels on the top of their building. They must have thought of

return on investment for their residents. Why does the Town Board not feel the same? He

believes the Town Board vote tonight on the bonding for the project will be 5-0 with very little

discussion about the tax implications to 16,500 parcels that will pay this Bond for the next 30

years. The Town Board will be bonding at least $83,000,000 in the past and the next year,

putting the residents in big debt for 30 years. Based on the $.50 per thousand the Town Board is

using for this $28,000,000 project, if you include the $44,000,000 and the $11,000,000 for

Sandbar Park, residents of Webster will be paying over $300 per year for the next 30 years in

taxes and sewer fees. He stated if his numbers are wrong, he is open to corrections from the

Town Board. He believes the residents would like to understand how much debt there will be

moving forward on all three projects. He is sure there are members of the Town Board that have

absolutely no clue what the $83,000,000 is going to totally cost residents and could not give him

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an answer if he polled each one of them. The Town Board also represents seniors, and the Town

Board just put them in debt for the next 30 years while they struggle to meet current economy

needs. He believes it is time to slow down the spending, wait until all the information is

obtained and the design plans are finished before going out to bond the project.

***

The Town Board was presented with a proposed Bond Resolution for a new Highway

Department Facility.

Councilman Abbott addressed the 50% Highway Facility design concerns expressed by some of

the Webster residents during the meeting’s open to the floor session. He stated when you get to

50% design, it is the building structure itself. It is not the cabinets, chairs or tables going into the

building. The building structure itself is not going to change past 50% design and that is what

the cost is based on. An allotment has been made in the budget for incidentals. There may be a

need for a few partition walls depending on how things work out when creating office spaces but

beyond that, the building structure at 50% will not be any different than it is at 100%.

Supervisor Flaherty addressed the comments regarding lack of communication on the proposed

project. He stated that the communication strategy that has been deployed in the last six to

twelve months to inform Webster residents of this project has been an unprecedented effort by

the Town. There have been approximately twelve different conduits of communication used in

the last six to twelve months. Most recently in the last forty-five days, the Town has been

promoting virtual and in person tours of the facility. In addition, several articles have appeared

in the Webster Herald in the last 6 months.

Councilwoman Nguyen stated that no one likes to borrow money and raise taxes. However, the

Town needs to look to the future. The Town must improve the community and help the next

generation. She feels that if you do not maintain the Town’s facilities now, the cost of

improvements will only increase in future years. She mentioned that the Town plans to look into

grants to offset the costs.

Paul Adams, Finance Director, addressed the concern over the proposed increased tax rate. He

stated that when you isolate this project, you are looking at about $.50 per thousand of assessed

value for an average home. There are several other projects that will be taking place that will

increase the tax rate. However, the Town plans to do all they can to secure grants to minimize

the increase. He mentioned the Town has a healthy surplus that can be utilized as a revenue in

certain years to minimize the cost.

Councilman Cahill asked if the Bond is for $28,000,000, does the Town necessarily have to

spend the full amount?

Paul Adams, Finance Director, stated the Town does not have to spend the full amount. The

Town is required to bond for the full cost of the project which is typically based on an engineer’s

estimate. Even if the bids come in much lower, grants are received or surplus funds are utilized

to reduce the cost, the Town must bond for the estimated cost of the project.

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Councilman Cahill shared that he had taken a tour of the Highway Facility several years ago and

again last week. He feels no visual presentation holds a candle to doing an on-site visit. The

facility’s lack of space does not accommodate the current forty employees or the highway

equipment and creates poor working conditions. The one thing that really stuck out in his mind

as he walked through the facility was the cleanliness of the building and the vehicles. He knows

the project cost is lot of money but if anybody deserves it, it is the employees of the Highway

Department.

Councilman Abbott stated that he has walked through that building so how many times it scares

him to see the conditions the Highway employees are working under. He discussed the issue

years ago with the former Highway Superintendent when he was the Department’s liaison. Now

that he is back to being the liaison, the one thing he wants to get done is to get the project off the

ground as it is sorely needed. He recognizes it is a lot of money. However, to push it down the

road any farther, $28,000,000 may turn into $35,000,000. The Town cannot afford to keep going

down the road. He feels they need to just step up, do it, bite the bullet as a Town Board and do

the right thing for their people.

Councilwoman Cataldi stated she concurs with the comments from the other members of the

Town Board. The Town needs to do the right thing, not only for highway employees but people

who live in this Town and to continue to provide the services. The Town Board does not like to

raise taxes and they do their level best to keep that to a minimum. She wanted to clarify that

there were a couple of things said last week at the Town’s workshop from the public and again

tonight. Stated was that the cost of the Comprehensive Plan was estimated at $1,000,000. She

clarified the actual estimated cost is $150,000 and that the Town has received $100,000 in grant

funding to offset that cost. She also wanted to set the record straight on comments mentioned by

the former Town Supervisor and Mr. Corpus. They both mentioned the Sandbar Park Project

was $11,000,000. She wanted to make everyone aware that the Town has received approximately

$5,000,000 in grant funding to offset the cost of this project.

Supervisor Flaherty interjected by stating that the Town bonded $9,500,000 for the Sandbar Park

Project.

Councilwoman Cataldi also wanted to address the 50% design comments and thanked

Councilman Abbott for his explanation. She stated Mary Herington, Town Engineer, did a

tremendous job of explaining that last week as well. She compared building a house and

applying for a mortgage to building and bonding for the Highway Facility. When building a

house, you know you have to put in a lawn, so you factor it in the budget, but you have not

picked out the grass seed yet. You have to do window treatments, so you factor the cost in the

budget, but you have not picked out the drapes yet. It is the same thing with the highway garage.

The Town Board knows they need to purchase furniture, appliances, and other items. They have

been factored into the budget but have not been picked out yet. This is what 50% design means.

She went on to say that she agrees with everyone that this project is something that is very much

needed and by waiting, the future cost of this project scares her. She feels the Town cannot

continue to push this off any longer.

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Town Attorney Genese commented on the taxability and how it is going to affect each of the

homeowners with an average cost or an average value of the homes in Webster being $200,000.

The tax will be based on the assessment of a home not on the actual market value. The average

assessed value of a home in the Town of Webster is under $200,000.

Pat Stephens, Highway Superintendent, stated that during the tours at the Highway Facility he

was questioned if there has been planning by the Town for future facility replacement needs. He

was able to share with them that planning efforts have begun on future spending and establishing

funds for facilities that age out. He also stated that it was important not to alter the project

schedule for the new Highway Facility as it could cost thousands, if not millions of dollars.

Resolution No. 98: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to

authorize the construction and reconstruction of a new Town Highway Department Facility;

stating the maximum estimated cost thereof is $28,250,000; appropriating said amount therefor;

and authorizing the issue of up to $28,250,000 in Serial Bonds of the Town to finance said

appropriation.

WHEREAS, the Town Board (the “Board”) the Town of Webster, Monroe County, New York

(the “Town”) proposes to authorize the issuance of $28,250,000 in serial bonds of the Town to

finance the (i) construction and reconstruction of a new Town Highway Department facility on

Town-owned parcels of land in Webster, New York, in and for the Town of Webster, Monroe

County, New York, at 1005 Picture Parkway (Tax Parcel Numbers 079.07-1-10 and

064.19-2-20.11) and (ii) the demolition of the Town’s existing Highway Department structure

(the “Project”), at an estimated maximum cost of $28,250,000; and

WHEREAS, by resolutions adopted on December 15, 2022, the Town Board (i) determined that

the actions to be undertaken in connection with the Project (collectively, the “Action”) constitute

a “Type I” action pursuant to the provisions of the New York State Environmental Quality

Review Act and the regulations promulgated thereunder (6 NYCRR Part 617) (collectively,

“SEQRA”), (ii) the Town Board assumed lead agency status for purposes of conducting a

coordinated review of the Action in accordance with SEQRA, and (iii) the Town Board

determined that the Action will not result in any significant adverse environmental impacts,

adopted a “Negative Declaration” pursuant to SEQRA with respect thereto, and directed that a

notice of Negative Declaration be filed and published, to the extent required under SEQRA; and

WHEREAS, the Board now wishes to appropriate funds for the Project and to authorize the

issuance of the Town’s serial bonds and bond anticipation notes to be issued to finance the

aforementioned specific object or purpose.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board (the “Town Board”) of the

Town of Webster, Monroe County, New York (the “Issuer” or the “Town”) (by the favorable

vote of not less than two-thirds of all the members of such body), as follows:

SECTION

1. The Town is hereby authorized to undertake (i) the construction and

reconstruction of a new Town Highway Department facility on Town-owned parcels of land in

Webster, New York, in and for the Town of Webster, Monroe County, New York, at 1005

Picture Parkway (Tax Parcel Numbers 079.07-1-10 and 064.19-2-20.11), including original

furnishings, equipment, machinery, apparatus, appurtenances, site improvements, and other

incidental improvements and expenses in connection therewith and (ii) the demolition of the

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Town’s existing Highway Department structure. It is hereby determined that the maximum

estimated cost of the aforementioned class of object or purpose is $28,250,000, said amount is

hereby appropriated therefor and the plan for the financing thereof shall consist of (i) the

issuance of the $28,250,000 in serial bonds of the Town authorized to be issued pursuant to this

resolution or bond anticipation notes issued in anticipation of such bonds, and (ii) unless paid

from other sources, the levy and collection of taxes on all taxable real property of the Town to

pay the principal of such bonds or notes and the interest thereon as the same become due and

payable.

SECTION

2. Serial bonds of the Town in the principal amount of $28,250,000 are hereby

authorized to be issued pursuant to provisions of Local Finance Law, constituting Chapter 33-a

of the Consolidated Laws of the State of New York (the “Law”) to finance the aforementioned

class of object or purpose.

SECTION

3. It is hereby determined that the period of probable usefulness of the

aforementioned class of object or purpose is thirty (30) years, pursuant to subdivision 11(a)(1).

of paragraph a. of Section 11.00 of the Law.

SECTION

4. The temporary use of available funds of the Town, not immediately required for

the purpose or purposes for which the same were borrowed, raised or otherwise created, is

hereby authorized pursuant to Section 165.10 of the Law, for the capital purposes described in

this resolution. The Town shall reimburse such expenditures with the proceeds of the bonds or

bond anticipation notes authorized by this resolution. This resolution shall constitute a

declaration of official intent to reimburse the expenditures authorized herein with the proceeds of

the bonds and bond anticipation notes authorized herein, as required by United States Treasury

Regulations Section 1.150-2.

SECTION

5. The final maturity of the bonds herein authorized to be issued shall be in excess

of five (5) years measured from the date of issuance of the first serial bond or bond anticipation

note issued pursuant to this resolution.

SECTION

6. Each of the serial bonds authorized by this resolution and any bond anticipation

notes issued in anticipation of said bonds shall contain the recital of validity prescribed by

Section 52.00 of the Law and said serial bonds and any bond anticipation notes issued in

anticipation of said bonds shall be general obligations of the Town, payable as to both principal

and interest by a general tax upon all the real property within the Town subject to applicable

statutory limits, if any. The faith and credit of the Town are hereby irrevocably pledged to the

punctual payment of the principal and interest on said serial bonds and bond anticipation notes

and provisions shall be made annually in the budget of the Town by appropriation for (a) the

amortization and redemption of the bonds and bond anticipation notes to mature in such year and

(b) the payment of interest to be due and payable in such year.

SECTION

7. Subject to the provisions of this resolution and of the Law, pursuant to the

provisions of Section 30.00 relative to the authorization of the issuance of serial bonds and bond

anticipation notes or the renewals of said obligations and of Sections 21.00, 50.00, 54.90, 56.00

through 60.00, 62.10 and 63.00 of the Law, the powers and duties of the Town Board relative to

authorizing serial bonds and bond anticipation notes and prescribing terms, form and contents as

to the sale and issuance of bonds herein authorized, including without limitation the

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determination of whether to issue bonds having substantially level or declining debt service and

all matters related thereto, and of any bond anticipation notes issued in anticipation of said

bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Town

Supervisor, as the chief fiscal officer of the Town (the “Town Supervisor”). Such notes shall be

of such terms, form and contents as may be prescribed by said Town Supervisor consistent with

the provisions of Local Finance Law. Further, pursuant to paragraph b. of Section 11.00 of the

Law, in the event that bonds to be issued for the class of object or purpose authorized by this

resolution are combined for sale, pursuant to paragraph c. of Section 57.00 of the Law, with

bonds to be issued for one or more object or purpose authorized by other resolutions of the

Board, then the power of the Board to determine the “weighted average period of probable

usefulness” (within the meaning of paragraph a. of Section 11.00 of the Law) for such combined

objects or purposes is hereby delegated to the Town Supervisor, as the chief fiscal officer of the

Town.

SECTION

8. The Town Supervisor is hereby further authorized to take such actions and

execute such documents as may be necessary to ensure the continued status of the interest on the

bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable

from gross income for federal income tax purposes pursuant to Section 103 of the Internal

Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this

resolution and any notes issued in anticipation thereof, if applicable, as “qualified tax-exempt

bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

SECTION

9. The Town Supervisor is further authorized to enter into a continuing disclosure

undertaking with or for the benefit of the initial purchasers of the bonds or notes authorized by

this resolution in compliance with the provisions of Rule 15c2-12, promulgated by the Securities

and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION

10. The intent of this resolution is to give the Town Supervisor sufficient authority to

execute those applications, agreements and instruments, or to do any similar acts necessary to

affect the issuance of the aforesaid serial bonds or bond anticipation notes without resorting to

further action of the Board.

SECTION

11. Pursuant to subdivision b. of Section 35.00 of the Law, this resolution is subject

to a permissive referendum in the manner prescribed by Article 7 of the Town Law of the State

of New York (the “Town Law”). The Town Clerk is hereby authorized and directed, within ten

(10) days after the date of adoption of this resolution, to publish and post a notice satisfying the

requirements of Section 90 of the Town Law, which shall set forth the date of adoption of this

resolution, shall contain an abstract hereof, and shall specify that this resolution was adopted

subject to a permissive referendum. Such notice shall be published in the official newspaper of

the Town for such purpose.

SECTION

12. This resolution shall take effect thirty (30) days after the date of its adoption or, if

within such thirty (30) day period there is filed with the Town Clerk a petition subscribed and

acknowledged by the number of qualified electors of the Town required by Section 91 of the

Town Law and in the manner specified in such Section, until approved by the affirmative vote of

a majority of such qualified electors voting on a proposition for its approval.

SECTION

13. The validity of the bonds authorized by this resolution and of any bond

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anticipation notes issued in anticipation of said bonds may be contested only if:

(a) such obligations are authorized for an object or purpose for which the Town is not

authorized to expend money; or

(b) the provisions of law which should be complied with at the date of the publication of

such resolution are not substantially complied with, and an action, suit or proceeding

contesting such validity is commenced within twenty (20) days after the date of such

publication; or

(c) such obligations are authorized in violation of the provisions of the constitution.

SECTION

14. Upon this resolution becoming effective, the Town Clerk is hereby authorized and

directed to cause a copy of this resolution, or a summary thereof, to be published, together with a

notice attached in substantially the form as prescribed in Section 81.00 of the Law, in the official

newspaper(s) of the Town for such purpose, together with a notice of the Town Clerk

substantially the form provided in Section 81.00 of the Law.

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

Josh Artuso, Community Development Director, and Jim Montgomery, Code Compliance

Coordinator, appeared before the Town Board to provide a presentation on property

maintenance.

The New York State Uniform Fire Prevention and Building Code shall be administered and

enforced by the authority having jurisdiction in which the building or structure is located. Where

such local government is the authority having jurisdiction, the municipality shall provide for

administration and enforcement of the Uniform Code and Energy Code by local laws, ordinance,

other appropriate regulation, or combination of both. The Code of the Town of Webster is

currently without a Property Maintenance Chapter. Although it is possible to cite violations of

the New York State Property Maintenance Code without municipal adoption it does cause issues.

A Town Code Property Maintenance Chapter would outline enforcement roles, proper

procedures, due process, actions in cases of non-compliance, and penalties for offenses. Without

the chapter, egregious, non-complaint cases that must be sent to Justice Court for prosecution

will not have defined penalties. The implementation of a Property Maintenance Chapter will

take place over the next three months. There will be an internal Town legal review, a public

hearing, and a formal vote by the Town Board.

***

At 8:56 p.m. Supervisor Flaherty called for an Executive Session.

Resolution No. 99: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, 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

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into Executive Session to discuss certain subjects or matters:

NOW, THEREFORE, BE IT RESOLVED:

That the Town Board enter into an Executive Session pursuant to New York State Public

Officer’s Law §105(1)(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 and

Paul Adams, Finance Director.

Vote on motion:

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

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

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

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Aye

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

***

Resolution No. 100: MOTION by Councilman Abbott, seconded by Councilman Cahill, to

return to Regular Session at 10:09 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

10:09 p.m.

___________________________

Dorothy M. Maguire, Town Clerk

60

02-23-23