Town Board Agendas & Minutes

Webster Town Board March 28, 2024 A special meeting of the Webster Town Board was called to order by Supervisor Flaherty at 6:30 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 .......................................................................................John J. Cahill Councilwoman ........................................................................... Ginny L. Nguyen Councilwoman .......................................................................... Jennifer S. Wright Attorney .............................................................................................. Kyle Taylor Town Clerk ........................................................................... Dorothy M. Maguire Absent: Councilwoman .......................................................................... Patricia T. Cataldi Department Heads Present: Communications Director .............................................................. Bridget Harvey Finance Director.................................................................................. Paul Adams Personnel Director ...................................................................... Brayton Connard *** Supervisor Flaherty led the Pledge of Allegiance to the Flag. *** Supervisor Flaherty announced a Public Hearing to consider enacting a local law to waive the residency requirement for the Town of Webster Engineer position. At 6:35 p.m. the Public Hearing was opened. Brian Gutman, Webster Resident: I understand our current candidate lives outside of Town, but I am a strong supporter that the candidate should live in the Town or at least directly in a Town adjoining Webster; Penfield, Irondequoit, Ontario. There are other towns that do have waivers for engineers who do not have to be, but a lot of them do have the stipulation in the State Town Code that says they should be at least adjoining, so, hopefully the candidate is. At 6:37 the Public Hearing was closed. *** Resolution No. 136: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to enact a local law to amend Article VI of Chapter 56 of the Webster Town Code permitting a Town Engineer to reside anywhere in Monroe County or in an adjoining County within the State of New York. WHEREAS, the Town Board has the authority pursuant to Article 2 of the New York State Municipal Home Rule Law, to adopt and amend local laws, consistent with the N.Y. S. Constitution and general State laws, in relation to their property, affairs or government and in relation to the powers, duties, qualifications, number and other terms and conditions of employment of their officers and employees; and 97 03-28-2024  Webster Town Board WHEREAS, it is in the interest of the Town to further expand the pool of applicants for the important position of Town Engineer or engineer for the Town, and to permit the Town Board to be able to appoint those qualified persons of their choice, regardless of whether they are residents of the Town of Webster or of other political subdivisions; and WHEREAS, it is both in the public interest and required by law that a Public Hearing be held to consider the proposed amendment of the Webster Town Code; and WHEREAS, a Notice of Public Hearing was published in the Webster Herald March 20, 2024, and posted on the Town Clerk’s Bulletin Board at 1000 Ridge Road, Webster, New York and Town’s website; and WHEREAS, the Public Hearing on the proposed new Local Law was held by the Webster Town Board on March 28, 2024, at 6:30 p.m., and all interested persons having had an opportunity to be heard at the Public Hearing; and WHEREAS, a short form Environmental Assessment Form (EAF) for the proposed action has been prepared, and has been submitted to the Town Board and reviewed by the Town Board; and WHEREAS, it is in the public interest to enact the aforesaid Local Law: NOW, THEREFORE, BE IT RESOLVED: 1. That the Town Board hereby determines that based upon the information in the EAF and other available information, the proposed action is designated a TYPE II action under the New York State Environmental Quality Review Act (SEQRA), as it will not have a significant effect on the environment within the meaning of SEQRA, and involves official acts of a ministerial nature involving no exercise of discretion and routine or continuing agency administration and management, and does not require the preparation of an environmental impact statement and therefore no further review under the New York Environmental Conservation Law, Article 8, is necessary. 2. That a Local Law be adopted to set forth the effect of Code changes by amending a certain chapter and section of the Webster Town Code, such Local Law to be designated as: LOCAL LAW NO. 3 OF 2024 Part to be repealed is struck through. Article VI of Chapter 56 of the Webster Town “Town Engineer” is amended as follows: §56-30 Authority. This article is adopted pursuant to Municipal Home Rule Law §10[1](i) and [ii][a](1) that grants to local governments the authority to enact local laws regarding the qualifications of local officers. Furthermore, this article recognizes that the State Legislature has made numerous amendments to Public Officers Law §3 and Town Law §23 expanding the residency requirements for various appointed public officers and officials in towns within the State of New York, thereby rendering Public Officers Law §3 and Town Law §23 special laws with respect to any appointed town officer. [See cf N.Y. Ops. Atty. Gen. (Inf.) No. 2000-5.] 98 03-28-2024  Webster Town Board §56-31 Supersession. This article shall supersede any provisions of Town Law §§20 and 23 in their application to the office(s) of Town Engineer for the Town of Webster. §56-32 Residency requirements. A. The person holding the office or position of Town Engineer in the Town of Webster need not be a resident nor an elector of the Town of Webster at the time of appointment; provided, however, that such person shall reside in the county in which such town is located or an adjoining county within the State of New York. B. In the event the office or position of Town Engineer is deemed to be a Competitive Class position by the Civil Service Commission; the appointee shall become a resident and elector of the Town of Webster within six months of such permanent appointment from the appropriate civil service list. 3. This Local law shall take effect immediately upon the appropriate filing as required by law. 4. The Town Clerk is hereby authorized and directed to take such action as may be necessary to carry this Resolution into effect. Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill............ Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 137: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to appoint Keith Mortimer to the position of Town of Webster Engineer with an effective start date of May 6, 2024. Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** The meeting was open to the floor for public comment and the following Webster resident appeared before the Town Board. Cynthia Docteur stated she was disappointed with the handling of the EMS situation in the Town of Webster by the Town Board. She believes there has been a distinct lack of transparency and communication. She asked the Supervisor to explain what the points of contention were between the Town Board and the ambulance service. Supervisor Flaherty and Councilman Cahill responded to Ms. Docteur by stating there has been fifteen articles published in the Webster Herald and numerous Town Board meetings discussing the matter over the last two years. She was also provided with an explanation as to why the Town Board is considering entering into a contract with Penfield Volunteer Emergency Service, Inc. for ambulance services. *** 99 03-28-2024  Webster Town Board Resolution No. 138: MOTION by Councilman Cahill, seconded by Councilwoman Nguyen, to authorize the Town Supervisor to sign a Contract for Webster Medical Services (WEMS) to outsource Emergency Medical Services (EMS) to Penfield Volunteer Emergency Service, Inc. (PVEA) as of March 29, 2024 through December 31, 2024 in the Northeast Joint Fire District for an amount of One Hundred Twenty Eight Thousand Nine Hundred Fifty Six Dollars and Twenty Five Cents ($128,956.25). [Contract to be filed in the Town Clerk’s Office] Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** Resolution No. 139: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to rescind Town of Webster Resolution No. 134 of 2024. WHEREAS, the final language of the proposed changes to Sections 257-165 and 257-166 of the Webster Town Code has not been finalized and is still in development, and a result, it would be premature to schedule a Public Hearing; and WHEREAS, on March 21, 2024, by Resolution No. 134 of 2024, the Town Board of the Town of Webster passed a Resolution to schedule a Public Hearing for April 4, 2024 at 7:30 p.m. to consider a local law to change Sections 257-165 and 257-166 of the Webster Town Code, and to publish notice in the March 27, 2024 edition of the Webster Herald: NOW THEREFORE, in consideration of the foregoing, be it RESOLVED: That the Town Board of the Town of Webster rescinds Resolution No. 134 of 2024. Vote on motion: Supervisor Flaherty .............Aye Councilman Cahill ........... Aye Councilwoman Nguyen ......Aye Councilwoman Wright ..... Aye Motion carried ..................... 4-0 *** There being no further business to come before the Board, the meeting was adjourned at 7:47 p.m. ___________________________ Dorothy M. Maguire, Town Clerk 100 03-28-2024