Town Board Meeting
Ladies and gentlemen, it is 7:30. Um, I am going to call to order the August 6 town board meeting. Uh, if you would all please rise for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Would you please do roll call?
Supervisor Sheldon
here.
Councilman here.
Councilwoman Wright here. Councilman Hunter
here.
Councilman Wer here. attorney for the town Taylor here.
Okay. Up first, we have a public hearing for local law number three, vehicle and traffic regulations. Um, I have only four people who have signed in. So, if Sean or Christine Whipple, are either of you here for the public hearing for the traffic law regulations? No. Okay. Then we are uh going to close the public hearing and we are now going to open the uh open to the floor uh for the residents. Now uh just some ground rules here is you are limited to 5 minutes. Um you will see 4 minutes I will mention that you are at four or you will see me raising my hand like a crazy person. Um that's the cue to wrap start wrapping it up. Uh please respect the speaker uh no matter what. They have a right to say it unless it is threatening which will not be tolerated. Um and other than that please just be cordial and remember that you are speaking to us audience. So up first is Sean Whipple.
Uh good evening. I'm Sean Ribble. I own 898 Ridge Road, Sunset Valley. Uh I'm here to speak on uh the Dinson Links hardship exemption. I just I'll be real quick. Um I have uh no ill will toward the developer whatsoever. um he's looking to get an exemption and um let's just talk about a hardship exemption. Uh first and foremost, the developer, he doesn't own the land. Uh he doesn't have a mortgage. He doesn't pay property tax on the land. Uh he doesn't have insurance. He has a purchase contract to buy the land if that was to expire. being a real estate broker, 30 seconds, he could get an extension on the contract. Um, I'm sure he probably has bank financing in place. Uh, again, if that was to expire, um, the bank has all his financials. He's probably banking with a bank that he's been in business with. Uh, they could go to committee and give him a new
loan commitment. Again, no real cost, minimal cost for that. Um, DC work. The seller I think in 22 uh spent some money for some DC work. So, I I really don't believe that um Dinks and Links has spent a lot of money on DEC work. And then, uh comes down to a site plan. Um, yes, he paid for a site plan and uh the site plan is vague in adequate to the town standards and it's taken some time for him to uh respond to their requests. So, time has gone by. Uh, the developer, I really don't think financially has established a hardship. Um, again, small dollars may be spent uh for loan commitments, whatnot, but again, you know, if that's a financial hardship, uh, then maybe the developer shouldn't be doing a project of this scope. Uh, the developer knew about the moratorum.
He needed to get his stuff in for the town and, uh, that's taken time. Um, I believe if the town gives them a hardship exemption, you're setting a bad precedent moving forward and other developers will come in here and look for uh an exemption as well. You have a moratorum in place. You have uh a comprehensive plan that was last done in 2008. And um there's a moratorum for that reason to bring that up to speed. And if you give them a hardship exemption, then why do you have the moratorum in place? And then lastly, like I said, I I I have no ill will. Uh um he's put time into this, you know, and uh I play a lot of golf. I put a lot of time into that. And I stink. And just because I put a lot of time into golf doesn't mean I should be on the PGA tour. So if you're saying, "Well, I got a lot of time into this." What are his physical costs that is costing him a
hardship that you can grant the extension? I really uh appreciate your time and letting me speak on this. And uh thank you.
Thank you very much, sir. No applause. Sorry. Um up next is Christine Whipple. I'm going to guess no relation. [laughter]
Good evening. Christine Whipple, also the owner of Sunset Valley. Um, here to speak on behalf of ourselves, but also the 70 residents that live in the affordable community that borders the property. It is affordable housing for seniors. Um, I I don't want to reiterate everything that Sean said, but just to kind of put it into context, in order to get the hardship waiver, I believe there has to be clear and convincing evidence, including financial proof. As he said, I don't know what the financial proof is to the land because he does not own the land. One of the other uh criterias is that time could be affected. the last meeting, which the planning board meeting, he did not have all his ducks in a row and therefore it did not get approved. From what I've heard, um those things still have not met. So, there's still time that he needs to even meet the requirements in front of a planning board. One one example is things were supposed to be tagged. I walked in a couple days ago, trees have not been tagged. So, they're looking like there's an issue with time, but he hasn't even put forth the time that needs to get the approval at a plan board stage. So I believe that would be another reason why the waiver should not be approved. Um waiting on it is
definitely keeping the planning board I'm sorry um keeps the planning board um in check and therefore or I'm sorry the ah town board keeping in check so it does not become a Pandora's box. um asking for the approval of the waiver is just opening up the board to more scrutiny and more people coming in to looking at waiverss that really don't meet the requirements. He does not have that financial burden. There also is not a burden for the property. It has been landged own the land. It has been sitting there. So to push it forward, it does not affect the moratorum. So the burden of it to get approved has to be a benefit to wave it. And there is no benefit to get that waved that I can see. You might see something. I'd love to know what it is, but I I don't see a benefit to get that pushed through when there is a moratorum put in place to help the planning of the comprehensive board. And that is all. Thank you.
Thank you.
All right. Up next, Kevin Lockheart.
Hi everybody. Kevin Lockhart from 100-2 Fiddleberger Town Super Rescue. Oh, Kevin, you've been told. Hi everybody. I'm speaking tonight in regard to the Dinks and Links resolution on the agenda tonight. The zoning is being changed from highintensity commercial to mixed use. And the Dinks and Link project is not mixed use. Tonight's vote is not about whether Dinks and Links is a good or bad project. It is about whether the town board received sufficient evidence from the developer to grant an exception to its own development moratorum. On June 4th, 2026, the town board adopted local law number two establishing a temporary moratorum on highintensity commercial districts including the Dinen Links property. The town stated that the purpose of the law was to preserve the status quo while the comprehensive plan and zoning updates are completed. The planning board record shows on September 2nd, 2025, the application was tabled. On March 3rd, 2026, the application reviewed and comments provided. It was
reviewed and comments were provided. May 5th, 2026, the planning board declared its intent to serve as secret lead a agency. June 2nd, 2026, after a public hearing, the application was again tabled. The public record does not indicate that the project received preliminary site plan approval or a special permit before the moratorium became effective. That matters because section 8 automatically exempts only projects that had already received those approvals before the moratorium took effect. Tonight's proposed resolution does not rely on that exemption. Instead, the town proposes to grant administrative hardship relief under section 9. Under section 9B, the board may grant relief only if it finds by clear and convincing evidence, including dollars and cents, proof that the moratorum prevents any reasonable use of the property. The moratorium causes irreparable injury and denying relief would be unreasonable and unjust. If those fi if those findings are made, section 9 simply allows the applicant to continue through the normal planning board process. It does not approve the project, which brings us to the central question. What evidence supports the findings? The
proposed resolution reaches legal conclusions, but it does not identify the evidence supporting them. Before making those findings, residents should reasonably expect to know what dollars and cents proof was submitted. What evidence shows the property has no reasonable use during the moratorum? What evidence demonstrates irreparable injury? And why would denying temporary relief be unreasonable when the town enacted the moratorum specifically to preserve the status quo during the comprehensive plan update? These are questions about whether the town is applying local law number two consistently and whether the record supports the findings that this law requires. If the evidence exists, then the board should identify it and if it does not, the board should make findings should not make findings that the record cannot support. These objective standards avoid the imp appearance of impropriety, favoritism, bias, or bias and instill confidence in the process. I trust that the town board will vote to ensure that this standard is properly upheld. Thanks. Thank you, sir.
Uh, up next and last is Ron Mezbbit. Good evening. My name is Ron Nesbet [clears throat] and I'm here this evening to support number eight on tonight's agenda regarding dinks and leaks because the town board has put in a moratorum in place. This project should not be punished because of this and should be granted a waiver to pro proceed forward. uh as I have gone to many planning board me meetings on this issue. It's been over a couple years now. Two years ago, they didn't know there was going to be a moratorum and uh town board put a moratorum on and this project should have been grandfathered in before the moratorum was put on. They were halfway through the project. The planning board has had requests. The DEC has had request. It's held them up and the town board should not hold them up any longer and you should give them a waiver tonight. As far as green space is concerned, I would like to ask any board member if
they've been down road lately. You put a moratorum in place and everybody didn't want the lumber yard there to be developed. Have you seen it lately? If you drive close enough, the weeds will hit your car that are coming over the guard rail and the property looks like crap. Okay, I drive that road every day in and out of the subdivision and it looks terrible. So, either the county has to cut the grass on the rightway or the code enforcement has to issue an appearance ticket to the owners of the property to do something. It might be nice that we're not cutting trees and we're not developing that property, but as a landowner, what are you going to do with anymore? I'm not going to do anything. I got to pay my taxes, but I'm not going to do anything else. But that's that's a byproduct of a moratorum and you're suffering. Um, Ridge Road sidewalk project I got a grant for many years ago. Why don't you cut the grass?
You got a whole highway with 35 people down there. Cut the grass. The grass is going over the sidewalk. Are you not proud of the town of Webster? It makes it look like crap. [snorts] Cut the grass all the way up and down the ridge road. is your responsibility and you should do that. Also, speaking about whole road, speeding is out of hand. I have to turn on my signal light before I hit the old railroad tracks or I'm going to get rear rear ended making a left-hand turn. Okay. Um, Western police have to do something and I think they should have a community meeting with the police chief to discuss the speeding in this town because it's out of hand. We're paying the police department 9.5 million a year and they wrote 64 tickets, speeding tickets in 2024. That's all. Now, 2025 annual report. We're 8 months into this year and the annual report hasn't been posted yet. Does anybody know where that annual
report is? We have more officers down there than we did in 2019. We have a captain now that's making $110,000 a year pushing paper. Why don't we have the annual report? Maybe something you can look into. Paul, I was coming up to see you before. I watched the presentation at 4:30 at home.
Yeah. 4 minutes.
Okay. You couldn't see the police budget at all. You couldn't read it. You couldn't see the numbers. I don't know if he brought in something from different than you had.
He didn't.
He did. See, that's what happens. And that's where the communications department should have known with all these TVs that you couldn't see it. You could not even read the print. And it's just the communication department making $179,000 for next year. It was 100,000 when I left. Okay? And we're getting less service than we did before. And you can't even read what's on the screen. Something you have to look into. Thank you. Thank you, sir. All right. With that, uh we will close the open to the floor uh and move on to regular town business. Um I have reviewed the minutes from the July 16th workshop and I would make a motion to approve said minutes.
Second.
Supervisor [snorts] Sheldon.
I.
Councilman Hunter
I.
Councilman Cahill.
I.
Councilwoman Ray I. Councilman Wagner. Hi.
I have also reviewed the minutes from the July 16th, 2026 town board meeting and would also move that we approve them.
Second.
Supervisor Sheldon.
I.
Councilman Hunter.
I.
Councilman Cahill.
I.
Councilwoman Wright.
I. Councilman Wagner.
I.
All right. John. Yes. I uh I did re review the bills. I had a couple questions. Um got the answer. So, I'm going to move that we approve the bills as submitted by the director of finance.
Second. Councilman Cahill.
I.
Councilwoman Wright.
I. Supervisor Sheldon.
I.
Councilman Hunter.
I.
Councilman Wagner.
I.
All right. I will move that we approve prepaid warrant as submitted by the director of finance.
Second.
Supervisor Sheldon.
I.
Councilman Cahill.
Hi.
Councilwoman Wright.
I. Councilman Hunter. I
Councilman Wagner.
I
I would also move that we approve purchase orders as submitted by the director of finance.
Second.
Supervisor Sheldon.
I.
Councilwoman White.
I. Councilman Cahill.
Hi.
Councilman Hunter.
I.
Councilman Wagner.
I. All right. Up next, uh, for those of you uh, who have been around for several of these meetings, uh, a little over a month ago, we declared our intents to be lead agency. uh for Seeker regarding the Webster Transportation Infrastructure Project. Uh nobody else has come forth trying to claim that they want to be lead agency. Um but Leanne Kimber is here if we have to if anybody has any questions on next steps. Uh they will be in alongside Keith uh on the 20th uh to go over the seeker results should we approve tonight. So if there are any questions
I don't have any questions.
All right. agree with Kyle. He did the resolution, so the wordings are legally sound. So, I think we're good to go. Then I will move that we declare ourselves lead agency or sorry for the Webster Transportation Infrastructure Project.
Supervisor Sheldon,
I.
Councilman Kale,
hi.
Councilwoman Wright, I councilman Hunter,
I.
Councilman Wagner,
I All right. Up next, uh, this is a communications one. So, Councilman Hunter, would you like to give a brief overview?
Sure. Now, I will say this didn't come from me. Um, so this this goes to the idea of, you know, furthering our transparency within the town. We have our conservation board um that does meet once a month. The idea is to record that, make that available to the public just as we do our our regular board meetings. Um, so that's it, the gist of it. We explored the potential of taking a look at other advisory committees. Um, and there is some logistical issues there. So, I think for now we're looking at establishing a policy for video and audio recording for just our year round advisory boards. Is there anything that we'd like to add to that? I I know Garrett, this was kind of your pet project. Well, I think, you know, we just got to kind of sign on the right wording so we get it right. Um, you know, Kyle is is year round advisory board. Would that be sooner rewarding from a compliance and policy standpoint? You know,
no, I think um, Cman Hunter, I think what you're suggesting is aligns with what um, Miss Mar suggested um, actually identifying the four specific boards, town board, planning board, zoning board, and the conservation board.
I consistency. I think that sense we talk about just the policy way. I would just say on there even though it's almost done once again so we have to redo this the competent planning committee as well to be recorded that falls under it. It meets the definition. It's an important part of the town. We want to record it. We wanted that transparency on such a big project. So I guess we we to say what planning zoning was the other one? conservation, planning, zoning, town board, conservation board, the conservation plan steering committee.
I I do have to ask though, just because Josh, you oversee that committee. Do you foresee any issues? I know we're already recording them, but I do want to gather your input as you are an important part of that. [clears throat] Um, well, as you mentioned, we have recorded each uh steering committee meeting already. Uh I don't necessarily think that we would need to memorialize it in a resolution as the committee is a temporary thing. It's not a governing body like the other boards are.
Well, and that's like we talked about that and this is super in the weeds. I apologize everybody. The difference between making a broad policy that applies as those es and flows and a specific policy to specific boards. We've got to like to your point Josh, you've got to amend the policy to put the conference of plan steering committee in there just to be like you said you're going to do it anyways. This just closes the loop and then it's gone. You know,
isn't that boring? We're we're we're through the project.
I mean, one or two left. Yeah. What they're going to do anyways. There's no harm in including it, right? You just said we're going to record them, right? You record the future meetings like we've been doing.
I I do have to say though, do we record those meetings using the equipment that we already have, which is part of our resolution here?
Yes, we do.
Okay. I wasn't sure if Collier had their own setup for that. So,
so I guess how would this this resolution?
Um, we also what's the start date for this because the my only concern is just that the conservation board has never been filmed before and I know um Bridget from communications wanted to have this meeting to uh in August to kind of prep them for it and discuss, you know, where you look and everything. So, I would just recommend we start September 1st. Yes, we're doing some live workshop and people here so stay with us. Um, Kyle, do you want to provide updated word I can write down and then repeat?
Yes. I I think one more consideration again a suggestion from Miss Maher to actually have a timetable to review this policy and other policies that are adopted perhaps tying it out to the organizational meeting.
That would be my recommendation.
Yeah. Correct. Okay.
Yeah. So that it would be a resolution to establish a policy video and audio recording list the five boards effective September 1st, 2026 to be reviewed annually as part of the organizational meeting. All right, here we go, folks. We try. I make a resolution to establish a policy of video and audio recordings for the town board. Let me see I get this right. The planning board, the zoning board, the conservation board, the conference of plan steering committee September 1st, 2026 to be reviewed annually as part of the town organizational meeting.
Second, hit a party.
Well done.
Council Wagner,
I.
Councilman Cahill,
hi.
Supervisor Sheldon.
Hi.
Councilman Wright, I council Hunter.
I All right. you want [snorts] to give us a very quick brief overview of who Shelley Laroka is?
Shelley Laroka is the um tax receiver for the town of Ontario. This is just a general housekeeping um item. We do this every year. This is just for the 2026 2027 school year um for the portion of properties in the town of Webster located in the Wayne Central School District. So, this is just appointing her to collect taxes.
All right. Councilman Wagner, your motion. I make a motion to appoint Shoka Moka Town of Ontario as a school tax collector for the 2026 to 2027 school year for the portions of properties in town of Webster located in the central school district.
Second Councilman Hunter or I'm sorry, Councilman Wagner.
I councilwoman Wright I. Supervisor Sheldon.
Hi.
Councilman Cahill.
Hi. Councilman Hunter.
I All right. Up next, uh first uh financial hardship uh we're hearing for uh the moratorum. So if there's a representative from Dinks and Lynx that would like to speak, please approach the podium. Um we have received all of your information. Um but before any questions are asked, is there anything else you would like to share with us? Sure. So Joe Catalani here for Dinks and Links. Um and I do realize that there is a moratorum um and also that there's a waiver for uh a mechanism to um to try and bypass that. Um we are not new to this. We've been in the planning board for over a year actually just a year. August was our our first uh 4A and um Mr. Whipple would like you to think that we spent, you know, very little money on maybe one site plan. We've moved the building and site plan three different times to meet the town's desires, the DEC. There's a lot of moving parts to this thing, right? And so, uh, you have Lowe's, you have DEC, and you have the
town. And so, um, each and every time that we move that site, and Josh can speak to this, he's well aware of it. Uh we've had to move the architecture, we've had to move the site plan, the erosion plan, the uh utility plans. We've done a swip three different times. Um which is very expensive. Um so there there's been a lot done and the last time we were before them what was missing was some nomenclature on a swip uh detail page which we met with the town after that and and uh spoke to about uh correcting that. Um we're not new to this. Um and certainly the financing we we do have financing which expired in June. We do have a 4-month extension which gives us till October and you know so that's another thing that comes at us not only all the costs of engineering that we've had to do over and over again um and everything that is associated with that we have staff issues you know we so we've already had this place staffed um that's not really your problem but you lose staff they they they'll go to other places if if
we're not able to get back into the planning board. We still have probably one or two more sessions with the planning board to get it finished. Um we'll we'll miss foundations. We'll never be able to get foundations put in before winter. Um and that will that'll cost quite a bit of time. Um the um the money that we spent is is is fairly strong. Um and the mechanism for a moratorum is this waiver that we come before you. Um not because we've been sitting here doing nothing. Josh can speak to it each and every time. We've been to the PRC. There's a list of 15 items that we've addressed each time. Every time you see that that PR when you get those comments back, you have 12 days before you can submit. You have 12 days to re-engineer everything. It doesn't happen in 12 days. You can't get everything re-engineered in 12 days. So now you miss a month. The last 3 months we're trying to get a DEC permit and we're turned down because we don't have a permit only to find out after discussions with the town and the DEC that they're not going to give a permit until the town establishes seeker. And so all of these things are slowing
us down are out of our control. We haven't been slow to anything. We've been very fast to respond to the town and we've been very diligent about what specifically they've requested and address them. Um we're just here trying to uh work on that one mechanism that the moratorum provides the waiver. When we came into this a year ago, there was no speak of of a moratorum. We went through almost 3/4 of a year before all of a sudden the mortorium comes up. And so um it it does create a hardship That's it. All right. Now, before uh I'm going to ask a few questions uh before opening it up to the board after that. Um but I do need to remind everyone up here that we are here to not debate the merits of the project, but to look for the findings of what would qualify for relief of the moratorum. Meaning that there is a clear and convincing evidence including dollars and cents proof that the moratorum prevents reasonable use prevents unreasonable use of property. that the applicant has demonstrated that the moratorium causes irreparable injury and that they have demonstrated that denying relief would be unreasonable and unjust. Uh my first question to you though is have you sought out with MNT or the Hegodorans for an additional extension yet?
Yes.
And that they turned you down?
No. Headedorns are here. They're going to give us an extension.
Okay. Uh do you have an exact dollar amount that you have spent to date?
I don't, but it's over $100,000. Okay. Um, those are basically my two questions for right now, but I'm going to go down the line here. And Councilman Hunter, do you have anything?
Not specifically. I I may add to this. I'll let you go, John.
So, you you don't own the property, is that correct?
We do not. We under contract.
This is the owner over here.
Yeah. I don't I don't have any further questions. You asked the questions I was looking for. So, I didn't see any receipts either.
And I think that's the piece of it right now at this point when we talk about quantifiable information. What we have is the application that just shows the kind of the expiration of the the financing. I believe it was July 30th. Um, so we we just don't have any of that proof that you're talking about with regards to the over $100,000 of expenses um or even that there was an extension granted. So that that's kind of where some of the confusion comes in.
No, we've had three extensions which
Oh, no. I I mean provided to the board as as proof um for those extensions.
Well, the Okay. I I can supply you the contract with Dale for the in for the extensions and I can provide you with an MNT letter saying that they're going to extend us through uh late October.
All right. And then uh Councilwoman Wright I guess the only question I have is of the engineering drawings to date, they can still be utilized. I imagine the latest ones. Yeah.
Yep. Okay. That's my only question.
Councilman Wagner, you know, trying to can understand the flow. Um the purchase contract names William Pryzac and Joseph Catalani is buyers. Correct. The bank commitment means entity to be formed. You've got Dinks and Links. You know, who is the applicant? Is it is it an entity? Is you individually?
It's D and Links. I'm speaking on behalf of the Dinks and Links LLC.
Okay. And then have you qualified in hard dollars and cents the financial hardship of the delay till next year?
No. Okay. Um Once again, section A requires you to prove it cannot make reasonable use of its property. Have you provided any based on reasonable use and how the moratorum impacts that or addressing the issue where he runs LLC owns it so you as the applicant don't own it as well? Well, I I think my hardship is is more of going through the process for a year and constantly having to go back and provide changes that that were very timely. The economics we we can afford our engineering. We pay for we don't owe anybody any money. But the reason why we're here is because there were so many changes brought upon the project. And in the end, the last three um uh um months was a DEC issue that you know spoke to
the town doing the seeker. They couldn't give a permit. And the last two times we said, "No, you you can't you we can't give you preliminary without a DEC permit." I I couldn't get the permit. The town needed to do seeker first. And so they came to an agreement that they're going to do that. But all of these things were out of my control. And they are in hardship. We've been here for a year. So, so that sounds like a lot of the delays occurred before the moratorum. All of them did. Yeah. Have any occur? Have any occurred as a result of the mortorium? Well, every everything that's going to come into our financing, our staffing, our foundations, our construction, our our our tradesmen, all of that will come into play.
Okay. Thank you. All right. Does anybody have anything else? All right. Unless Josh wants to get some input, but
do you have any specific questions? I do.
I I [clears throat] not related to this at this point. Um, but I will state that this is basically you're saying there's a possibility of losing funding while also expressing that there's extensions that are available to you.
And unfortunately, you you that's not a clear and convincing evidence with dollars and cents proof. I I'm sorry. I'm going to move that we deny the waiver to Dinks and Links.
I recommend as part of your resolution, you read the criteria uh and how they have all your failed to meet.
I I I will move that we deny the waiver to Dinks and Links as it has not demonstrated clear and convincing evidence including Del.
May I speak a few minutes? Yeah. Great. Thank you. I've dealt with Joe for how many years. This is um it's it's a new new thing for me. I I was I don't know if you people know me. was making for 51 years, bagging groceries, management of things, and this is a new part of the business for me. And I've I've worked with Joe and I've seen how hard he's worked at this, and I've know he may not have said the all of the financial burden he's uh he's had. Um, and that's not for me to discuss. Uh, I know what it's like dealing with Lowe's, how they it was a contract between, you know, partnership in Lowe's and the development of the surrounding property. And I can tell you those is very difficult to deal with. Um there's um does it sound like the road between
the maintenance between those DJs closes over a year to reimburse for doing that. I just gave up on dealing with those and Joe had no choice. Rose is very difficult to deal with and just set him back months easily months. So, um I know drones work very hard trying to move this along and I think it would be very uh uh unfair for Joe not to be able to proceed with this. So, it's Thank you for listening to me.
Yeah. And I I I sympathize and I appreciate it, but we are here to follow the law in this portion here and we need to follow the guidelines set within the moratorum. We can't let personal beliefs get involved in this. So I am still moving that we deny based that the applicant has not demonstrated by clear and convincing evidence including dollars and cents proof that the moratorium prevents reasonable use of the property. The applicant has not demonstrated that the moratorium causes irreparable injury and the applicant has not demonstrated that denying relief would be unreasonable and unjust. That is my motion.
Second.
Supervisor Sheldon.
I.
Councilman Hunter
I.
Councilman Cahill.
I.
Councilwoman Wright I. Councilman Reagner. Hi. I'm sorry, but if you get the extensions, it's only a six-month moratorum. So, get your ducks in a row and we'll see you soon. Thank you. All right, up next, we got a nice long list of assessment things. So, Councilwoman Wright, would you like to take over the next few items?
I I I can take them over, but Donna's here. Okay, since you came, I don't know, Donna, is there anything you would like to say or add before we just move through the resolutions? I think they're pretty straightforward. I'm available for questions.
Okay. Um I there was just some changes to the board of assessment review. Um some resignations. So the the first one I will move to accept the resignation of Sarah Noec, member of the board of assessment review effective August 1st, leaving an open position with an unexpired term ending September 30th, 2029.
Second.
Councilwoman Wright I. Councilman Cahill.
Hi.
Supervisor.
I.
Councilman Hunter.
Hi.
Councilman Wagner. I out of curiosity, if we denied accepting the resignation, would they still have to come?
Absolutely.
That's good to know. John,
I don't I don't I've never heard such a thing. I don't I don't know that you could Can you Can you do that?
I guess you stop.
That would not be very nice.
Go forth that. Um now as a follow on to that I will move to create the position of temporary board of assessment review member for a term of one year 22nd for up to maximum number thank you section program
sorry
the questions I asked regarding the specific and if you wouldn't mind giving a brief overview of the process that you went through to choose this company, saving saving the the taxpayers a significant amount of money.
Sure. When fair life first appeared and the revaluation was being talked about. When fair life first appeared and the revaluation was being talked about, I reached out to specialty and I was quoted appraisers that specialty property visit the administer scope of the assignment to five different appraisal firms. One declined because he has um moved out to residential properties instead of the commercial properties. Another one had a conflict of interest for having already served some capacity in appraisal world for the fair life industry and then um the I had three left that were very viable. I selected the uh GAR appraisal LLC company because they had the most experience and they have recently appraised both the hood dairy plant in Betavia and the Lino food cheese plant in Tyogga County. they have in their files the majority of the information, the research that they would need to do for this specialty property. So, they would only need to update it for our specific property and today's date more or less. Um, and so that kept the price down. I'm asking for your approval of a prop of an appraisal on this property not to exceed 7,000.
So, as as a followup on that, just understand these moving pieces. If Fair Life challenges the assessment, will we have to do another appraisal? Will this cover that?
Um, that's speculative, right? Um,
I'm just curious if this is all in.
Yeah. So, how does the assessment world work in this instance?
Yeah.
I'm asking for a specific appraisal for the purpose of putting a value on the assessment role and being the foundation for their comma project administration. As you know, they have this 20-year plan, and that starts with the value of the of the property. If they decide to litigate, it is their right, as it is any property owner's right, to litigate. Then, we're now under Supreme Court standards, and the standards of that appraisal, yes, would change. We could go back to this appraisal firm and ask them if they would update their existing um appraisal that would then be part of our file. And that would be less expensive than starting fresh, not having any appraisal at all. we would build on to the 7,000. Okay.
Um that's where that 20,000 number probably would come in. And and to be fair, my first quote was um a multipleear phase in because I thought that we would have a plant in place partially and I would put a partial value on the plan and it was complicated and I think that added to the price at 20,000. Thank you. You're welcome.
Yeah, it's real interesting. If you ever sit down with Donna and I go over there often because every single time I think I know something about the revail and assessment in general, there's another layer to the onion. So
I love it.
It is. Look, if you like to learn, it's really interesting.
I'm still learning. 35 years I'm still learning. I love it.
Any other questions?
No.
All right. I will move to authorize the supervisor to engage GAR Appraisal LLC to approve to appraise specialty property located at 1886 Tour Road.
Basket road
to advise the assessor.
What's that?
Basket road.
Road.
I thought it was T-board Road.
Well, I'm just saying that's what's written down. It
says Basket Road, but it's actually the contract is T-board Road. So,
I think we want to go where the contract says. Okay.
I know life's address off the top of my head.
Yes, it is Tor Road.
Tbor road.
Okay. Thank you.
1886 Tour Road to advise the assessor in placing a value on the property for the revaluation with a cost not to exceed $7,000.
Second. [clears throat]
Councilwoman Wright.
I. Councilman Wagner.
I.
Supervisor Sheldon.
Hi.
Councilman Cahill. Hi,
Councilman Hunter.
Hi.
Thank you.
All right. Up next is a slight change from original thanks to Councilman Cahill asked that we not eliminate the title of deputy uh commissioner of public works just in case we have it later. But I don't remember what's going to happen in 20 years. But essentially, this resolution allows um Dwayne, who will be on call 24 hours a day, to take a vehicle home, which is essentially the same thing that that that Rick has been doing. So, um, so I'm going to move to update the employee handbook to add the title of chief wastewater treatment plant operator on the commuter vehic use vehicle chart. Second,
Councilman Cahill.
I,
Supervisor Sheldon.
I,
Councilwoman White.
I, Councilman Hunter,
I,
Councilman Wagner,
hi. All right, up next is some contingency usage, but Rick and Dwayne, would you like to present what the contingency usage is quickly and answer any just to be up there for answer any [clears throat] questions? I got
We did all walk through it. Yeah, I got no problems.
I mean, if you guys want if anybody has questions, if you want to ask answer the questions, that's fine.
Just the only the only thing I'll touch on is that the number stayed the same, but then I realized that some of the contingent items that were going to come out of there because they're state contracts, so they had to come out of client savings. So we just divvied that out between the two pots.
So do you want to just give a brief description of what the contingency is where it comes from with respect to the Fairlife multi multi-million dollar um project that that that's going on at not the Fair Life, but the project
at the at the plant. Yeah.
Yeah. So built into that um $86 million project was a contingency fund and that's for anything you don't know. Obviously plants old, you dig up underground where you thought nothing was and there's an old diesel tank that they buried and nothing was done with it. So for those underlying things, especially underground, that contingency is very a nice um bucket of money to have in case of emergencies or unforeseen issues. But what we did early on was uh we went through three amendments for this contract and in the third one we did some value engineering. So, we pulled a bunch of stuff out to try to keep the project down. Um, but what's happened nicely as as we've managed this project um closely uh with this contingency now we can pull things back in and utilize the contingency fund for some of the things we pulled out early on or things that have come up during the project. Um, then there's also the client savings and that's things that we've um thought we were going to do and pulled back out again and it was a savings or we got it cheaper done another way and that went back into this other bucket of money.
Yeah. And the closer we get to the end of the project and I I commend yourself and your staff for putting more items to to purchase so we spend that contingency down to zero. And like we did with like we said, we pulled out of capital projects out of the right
27 budget and pulled it out of this that was already
Yeah.
Um so I appreciate that. So
you basically you know thanks for doing this and using that money for thanks for saving the money to begin with and then using it later on.
Yes. Mhm.
All right.
I don't have any questions. I'm good.
Second.
Did we read the motion first?
Sorry.
Thank you. Um, so I'm going to move to authorize a supervisor to sign a contingency usage and client savings for the sewer department from the wastewater treatment plant phase 2.
Second,
Councilman Cahill.
I,
Councilman Wagner,
I,
Supervisor Sheldon,
I,
Councilwoman Wright,
I, Councilman Hunter,
I. All right. So, up next is possibly the lowest last minute thing I've ever seen in my life, but I want to explain a little bit to everybody why this is so last minute. I know I reached out to many of you um previously, but uh so every 3 years, uh there's a HUD program which is federally funded. It's not a New York State thing, uh where they allocate money to the county and low to moderate income people can apply within your township and there's a cooperation agreement that we signed. Uh the original agreement was signed by Kathy Thomas in 2002. So we've been participating since then and it's uh actually helped uh [clears throat] uh projects totaling uh 324,240 uh just for low to moderate income households. This year every usually every 3 years all we have to do is just reply yes we would like to continue to enroll. We did that this year. Uh couple weeks ago, we were informed that there was a smite amendment stating that the local government, in this case Webster, may not sell, trade, or transfer any HUD funds provided by Monroe County. Um they asked for a notorized signature. We sent it over. Uh what we were not told, and when the miscommunication happened was is that we also needed a board resolution to authorize that. So this is
last minute. The deadline for this is next week. The village has it on their agenda, too, as they partake. the county has added it to the legislative session for that. Um, yeah, it was just there was a miscommunication when the county reached out about this that we just tried to rush and make sure that you guys had all the information you needed for it. But essentially with the letter from the county stating that the amendment is just kind of scrutinizing to make sure that this funds that we gather can't go to anything else.
All right. So, they started a few weeks ago with the notorized thing we sent them.
Yeah, they asked for a notorized letter sent out to the county. That was all they asked for, so we sent it out. Okay, that's a little less. So, it's good to know. We're still waiting. So, we have everything now moving pieces.
Yep. This is it. We just need this board resolution. Yeah. Sorry, I wasn't able to.
And do we have an agreement from Do we have something we're signing? I didn't see anything. So, I'm just trying to
Yeah. Um, it is basically the exact same agreement that I sent you with an amendment that adds um the may not sell, trade or transfer any HUD funds provided by Monroe County is in the letter here. That is the only thing that has been changed in the original agreement that I sent over.
Is there a drafted agreement somewhere? Cuz it wasn't in SharePoint. I'm just asking.
Yes. Yes, there was. We miss we uh sent out the original agreement and not what may be the new agreement with this on there. That's all it was. It's just a question. But yes, Kyle has seen it briefly.
I did review it uh minutes before this meeting here.
Uh it's a one-page amendment. It is straightforward. It just indicates that uh
the uh funds that are distributed through this program will not be reallocated or transferred for any other use.
Okay. Thank you for that, Kyle. Yeah.
Yeah.
Yeah. Just missing pieces. We're trying to follow up on to see it. So, at least Kyle's seen it.
Yeah. All right. But I cannot authorize make a motion to authorize myself to sign. So I'll make a motion to authorize the supervisor to sign an agreement for federal law urban counties which enter into cooperative agreements with local governments that can access funding under the community development block grant CDBG and home investment partnerships.
Second. Councilman Hunter.
I. Councilwoman Wright I. Supervisor Sheldon. Hi. Councilman Cahill. Hi.
Councilman Wagner. Hi. All right. Before we get to our last item here, I just have to ask because we had nobody speak at the public hearing for local law number three. Does any board member wish to wait the two weeks to vote on that or would you rather vote on it now? I I would recommend waiting till the August 20th meeting.
Okay, that's fine. I know the last time we did this was Woodard Road. You had us do it ahead of time if no one spoke. So,
okay.
Maybe that's because they were waiting for like a hundred years.
They're still waiting to happen. I think we're good.
Um, the last item on the agenda is the always fund recycling items to which tonight is my department of parks and recreation. And I move to authorize the following items for recycling from the parks department. And I will just say is listed on the agenda because there's about six or so of them.
You want to list out all those chairs?
No. of chairs.
Chairs.
I'll second.
Councilman Wright I. Supervisor Sheldon.
I.
Councilman Cahillo.
Hi.
Councilman Hunter.
I.
Councilman Wagner.
I. And with that to end before 8:30. I will make a motion to adjourn.
Second.
All in favor? I.
All opposed.
All right. Thank you all for coming out.