Webster Town Board
July 18, 2024
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
Councilwoman .......................................................................... Patricia T. Cataldi
Councilman .......................................................................................John J. Cahill
Councilwoman ........................................................................... Ginny L. Nguyen
Councilwoman .......................................................................... Jennifer S. Wright
Town Attorney ...............................................................................Charles Genese
Town Clerk .................................................................................. Danene M. Marr
Department Heads Present:
Communications Director .............................................................. Bridget Harvey
Community Development Director......................................................Josh Artuso
Finance Director.................................................................................. Paul Adams
***
Supervisor Flaherty led the Pledge of Allegiance to the Flag.
***
Resolution No. 232: MOTION by Councilwoman Wright, seconded by Councilman Cahill, to
consider approval of a license agreement to install a 6’ tall vinyl privacy fence with a town
drainage easement at 680 Cottage Brook Lan, Tax ID # 064.15-2-53.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen .... Aye
Councilwoman Wright……Aye
Motion carried ................. 5-0
***
Supervisor Flaherty announced a Public Hearing to consider a Local Law amending Section 24314 of Chapter 243 (Property Maintenance) of the Webster Town Code.
At 7:37 p.m. the Public Hearing was opened.
Paul Loeb, a Webster resident, stated he believes that the amendment is going to make the
process better for the Town and is in favor of this amendment and believes it will make for
happier Webster residents.
Richard Frier, a Webster resident, stated he had questioned the truth in the matter that someone
would receive jail-time under this amendment. Town Attorney Genese, clarified that yes, it is
written that way, and yes it is jailable. Based on the conversation exchange, Mr. Frier is in favor
of the amendment.
Councilwoman Cataldi added that while these fines and jailable offenses appear severe, she
wanted residents to know that our Code Enforcement Officer goes out and issues a letter of
notification allowing offenders to correct the identified occurrence prior to any further action.
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Supervisor Flaherty agreed that this situation is for a small percentage of occurrences that come
into our Code Enforcement Department.
At 7:46 p.m. the Public Hearing was closed.
***
Resolution No. 233: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
enact a Local Law Amending Section 243-14 of Chapter 243 (Property Maintenance) of the
Webster Town Code.
WHEREAS, the Town Board has the authority pursuant to Article 4 of the New York State
Town Law to promote the health, safety, morals, or general welfare of the community; and
WHEREAS, the Town Board has the authority pursuant to Article 9 of the New York State
Town Law to enact, amend, and repeal ordinances, rules, and regulations not inconsistent with
law; and
WHEREAS, the Town Board, in reviewing the enforcement provisions of the Town’s Property
Maintenance Code, enacted and published as Chapter 243 of the Webster Town Code; and
WHEREAS, it is in the public interest to enact a local law restraining violations of and
compelling compliance with provisions of the Town’s Property Maintenance Code by amending
Section 243-14 of Chapter 243 of the Webster Town Code; and
WHEREAS, it is both in the public interest and required by law that a Public Hearing be held to
consider this proposed amendment to the Webster Town Code; and
WHEREAS, a Notice of this Public Hearing was published in the Webster Herald on July 10,
2024, and posted on the Town Clerk’s Bulletin Board at 1000 Ridge Road, Webster, New York
and on the website; and
WHEREAS, a hearing on this matter has been held on the 18th day of July, 2024, at 7:30 p.m. at
the Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York, and all
interested persons have been heard; and
WHEREAS, the proposed action is a “TYPE II” action under the New York State Environmental
Quality Review Act, it being routine or continuing agency administration and management, not
including new programs or major reordering of priorities that may affect the environment:
NOW, THEREFORE, BE IT RESOLVED:
Section 243-14 of Chapter 243 of the Webster Town Code, relating to violations and
enforcement of the Property Maintenance Code of the Town of Webster be amended as follows:
1.
2. Such Local Law will be designated as:
LOCAL LAW NO. 6 of 2024
This law is entitled "A local law to Section 243-14 of Chapter 243 of the Webster Town Code,
relating to violations and enforcement of the Property Maintenance Code of the Town of
Webster”.
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§ 243-14 Violations.
A. Notice and Order. The Code Enforcement Officer is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about any building, structure,
or premises in violation of the Uniform Code, the Energy Code, or this chapter. Upon finding
that any such condition or activity exists, the Code Enforcement Official shall issue a Notice
and Order. The Notice and Order shall: 1) be in writing; 2) be dated and signed by the Code
Enforcement Official; 3) specify the condition or activity that violates the Uniform Code, the
Energy Code, or this chapter; 4) specify the provision or provisions of the Uniform Code, the
Energy Code, or this chapter which is/are violated by the specified condition or activity; 5)
specify the period of time which the Code Enforcement Official deems necessary for
achieving compliance; 6) direct that compliance be achieved within the specified period of
time; and 7) state that an action or proceeding to compel compliance may be instituted if
compliance is not achieved within the specified period of time. The Code Enforcement
Official shall cause the Notice and Order, or a copy thereof, to be served on the owner of the
affected property personally or by certified mail. The Code Enforcement Official shall be
permitted, but not required, to cause the Notice and Order, or a copy thereof, to be served on
any builder, architect, tenant, contractor, subcontractor, construction superintendent, or
his/her agents, or any other person responsible for, taking part, or assisting in work being
performed at the affected property personally or by certified mail; provided, however, that
failure to serve any person mentioned in this sentence shall not affect the efficacy of the
Notice and Order.
B. Appearance tickets. The Code Enforcement Official is authorized to issue appearance tickets
for any violation of the Uniform Code, the Energy Code, or this chapter.
C. Civil penalties. In addition to those penalties prescribed by state law, any person who violates
any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition
of any building permit, certificate of occupancy/certificate of compliance, temporary
certificate, stop-work order, operating permit or other notice or order issued by the Code
Enforcement Official pursuant to any provision of this article, shall be liable to a civil penalty
of not more than $1,000 for each day or part thereof during which such violation continues,
in line with Executive Law § 382, Subdivision (2). The civil penalties provided by this
subsection shall be recoverable in an action instituted in the name of the Town.
D. Injunctive relief. An action or proceeding may be instituted in the name of the Town, in a
court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term
or condition of any building permit, certificate of occupancy/certificate of compliance,
temporary certificate, stop-work order, operating permit, Notice and Order, or other notice or
order issued by the Code Enforcement Official pursuant to any provision of this chapter. In
particular, but not by way of limitation, where the construction or use of a building or
structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter,
or any stop-work order, compliance order or other order obtained under the Uniform Code,
the Energy Code or this chapter, an action or proceeding may be commenced in the name of
the Town, in the Supreme Court or in any other court having the requisite jurisdiction, to
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obtain an order directing the removal of the building or structure or an abatement of the
condition in violation of such provisions.
E. Enforcement. Any violation of this chapter, or of any order, requirement, decision or
determination issued by the Code Enforcement Official, his/her department head, agent or
designee, pursuant to this chapter, is hereby declared to be an offense punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed six months, or both, upon
conviction for a first offense; upon conviction for a second offense, both of which offenses
were committed within a period of five years, punishable by a fine not less than $350 nor
more than $700 or imprisonment for a period not to exceed six months, or both; and upon
conviction for a third or subsequent offense, all of which offenses were committed within a
period of five years, punishable by a fine of not less than $700 nor more than $1,000 or
imprisonment for period not to exceed six months, or both. However, for the purpose of
conferring jurisdiction upon courts and judicial officers generally, violations of this chapter,
or of any order, requirement, decision or determination issued by the Code Enforcement
Official pursuant to this chapter, shall be deemed misdemeanors, and for such purpose only
all provisions of law relating to misdemeanors shall apply to such violations. Each week's
continued violation shall constitute a separate additional violation.
E.
F. Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive
remedy or penalty available to address any violation described in this section, and each
remedy or penalty specified in this section shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this section, in any other section
of this chapter, or in any other applicable law. Any remedy or penalty specified in this
section may be pursued at any time, whether prior to, simultaneously with, or after the
pursuit of any other remedy or penalty specified in this section, in any other section of this
article, or in any other applicable law. In particular, but not by way of limitation, each
remedy and penalty specified in this section shall be in addition to, and not in substitution for
or limitation of, the penalties specified in Executive Law § 382, Subdivision (2), and any
remedy or penalty specified in this section may be pursued at any time, whether prior to,
simultaneously with, or after the pursuit of any penalty specified in Executive Law § 382,
Subdivision (2).
3. 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
Councilwoman Cataldi ..... Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen .... Aye
Councilwoman Wright……Aye
Motion carried ................. 5-0
***
The meeting was open to the floor for public comment. No comments were received.
***
Resolution No. 234: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
approve the July 3, 2024 Town Board Minutes as submitted by the Town Clerk.
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Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilman Cahill ..............Abstain
Councilwoman Nguyen .... Aye
Councilwoman Wright……Aye
Motion carried ................. 4-0-1
***
Resolution No. 235: MOTION by Councilwoman Nguyen, seconded by Councilman Cahill, to
approve the bills, as submitted by the Director of Finance.
Fund
General (A,B) CL #2205-2442
Highway (C,D)
Sewer (G)
Library (L)
Drainage Districts (M)
Park Districts (P)
Special Districts (N,Q,S)
Trust & Agency (T/A,N/SF,T/T,
WEMS)
Capital Projects (H) #82-92
H216 Lode at Sandbar Park
H231 WWTP Upgrade Phase II
H232 Highway Garage Building
H237 Coca-Cola/Fairlife
TOTAL
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Wright……Aye
Inside
87,753.07
182,922.77
19,459.74
44,740.25
1,042.80
600.00
0.00
0.00
Outside
247236.48
66,251.18
47,210.34
18,238.98
0.00
0.00
6,076.09
243,006.57
Total
334,989.55
249173.95
66,670.08
62,979.23
1,042.80
600.00
6,076.09
243,006.57
13,656.27
2,675,472.94
1,985,556.57
895,104.58
5,906,308.99
0.00
0.00
0.00
0.00
628,019.64
13,656.27
2,675,472.94
1,985,556.57
895,104.58
6,534,328.63
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen .... Aye
Motion carried ................. 5-0
***
Resolution No. 236: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
approve the prepaid vouchers included in Warrant #0724A by the Director of Finance in the
amount of $628,019.64 [Included in the summary vouchers approved in Resolution #235]
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen .... Aye
Councilwoman Wright……Aye
Motion carried ................. 5-0
***
Resolution No. 237: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
approve purchase orders as submitted by the Director of Finance.
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Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Wright……Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen .... Aye
Motion carried ................. 5-0
***
Resolution No. 238: MOTION by Councilwoman Cataldi, seconded by Councilman Cahill, to
transfer $9,416.09 from the General Fund to close out the Police Shooting Range and Evidence
Storage Building Project H0215.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen .... Aye
Councilwoman Wright……Aye
Motion carried ................. 5-0
***
Resolution No. 239: MOTION by Councilwoman Wright, seconded by Supervisor Flaherty, to
transfer $5,384.38 from the General Fund to close out the WWFD Fire Boat Access Dock
Project H0225.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen .... Aye
Councilwoman Wright……Aye
Motion carried ................. 5-0
***
There being no further business to come before the Board, the meeting was adjourned at
8:06 p.m.
___________________________
Danene M. Marr, Town Clerk
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