Webster Town Board
July 3, 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
Councilwoman ........................................................................... Ginny L. Nguyen
Councilwoman .......................................................................... Jennifer S. Wright
Town Attorney ...............................................................................Charles Genese
Town Clerk .................................................................................. Danene M. Marr
Absent:
Councilman .......................................................................................John J. Cahill
Department Heads Present:
Communications Director .............................................................. Bridget Harvey
Community Development Director......................................................Josh Artuso
Town Engineer .............................................................................. Keith Mortimer
Finance Director.................................................................................. Paul Adams
***
Supervisor Flaherty led the Pledge of Allegiance to the Flag.
***
Representatives from Barton & Loguidice (B&L) Engineering, Erin Ryan and Theron Bisko,
presented to the Town Board the East Branch Shipbuilder’s Creek Engineering Alternatives
Analysis. This was a continuation from the April 25, 2024 workshop meeting to address
proposed costs associated with each alternative proposed.
B&L’s proposed engineering analysis outlined four alternatives to assist in determining the best
solution: In-place sewer rehab with localized stream stabilization with a total proposed cost of
$670,000.00; In-place sewer rehab with comprehensive stream restoration with a total proposed
cost of $1,090,000.00; 15” sewer realignment with localized stream restoration with a total
proposed cost of $920,000.00; 8” sewer relocation with localized streambank stabilization with a
total proposed cost of $950,000.00.
Following the presentation, a general discussion took place.
***
Resolution No. 218: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
consider approval of a license agreement to allow a fence in a Town Drainage Easement at 553
Deer Haven Drive, Tax Account No. 078.07-1-84.
WHEREAS, a 20+ foot wide storm sewer easement was granted to the Town of Webster and
recorded in the Monroe County Clerk’s Office in Liber 9695 of Deeds, Page 473, on and along
the rear boundary of the property at 533 Deer Haven Drive, Town of Webster; and
WHEREAS, Abebe A. Woldemariam is the owner of the property located at 533 Deer Haven
Drive, Town of Webster, Tax ID # 078.07-1-84; and
249
07-03-2024
Webster Town Board
WHEREAS, Abebe A. Woldemariam has applied to erect a 6 foot tall white vinyl fence upon
and within the aforesaid easement in conformance with the height and setback requirements as
set forth in the Code of the Town of Webster, and that in the event the placement and/or height
of such fence is not in such conformance, such fence shall not be constructed unless the proper
variance(s) is/are received from the Town of Webster Zoning Board of Appeals; and
WHEREAS, the applicant has requested relief from the Webster Town Board to permit the
aforesaid white vinyl fence to exist upon and encroach within said easement; and
WHEREAS, the Town of Webster has the authority to grant the relief requested, and the public
good will not be harmed thereby:
NOW, THEREFORE BE IT RESOLVED:
1. Pursuant to application of Abebe A. Woldemariam, owner of 533 Deer Haven Drive, and in
recognition of the hardship created if the relief sought herein is not granted, the limited
detriment to the Town of Webster, and upon consideration of all relevant factors, the Webster
Town Board hereby allows the construction of the aforesaid vinyl privacy fence which will
exist upon and encroach upon the easement affecting 533 Deer Haven Drive, Town of
Webster.
2. This Resolution in no way applies to any other encroachment, violations or relief sought by
the owners, their successors, grantees or assigns from any other building, structure or zoning
violation which may exist on such premises.
3. This relief is granted upon the following conditions:
a. The proposed fence shall encroach upon the said easement as proposed as shown on the
survey map prepared by MEASDAY LAND SURVEYING & MAPPING, PO Box 910,
Webster, New York 14580, last dated May 24, 2023, and shall be removable.
b. The proposed fence shall not be expanded to further encroach on or in the easement, nor
will it be moved from its permitted place within the easement as shown on the Instrument
Survey Map presented to the Town Board, and as referenced above.
c. Upon the destruction or demolition of the aforesaid fence or any part of thereof, through
natural causes or otherwise, the Owner of the fence will not reconstruct it without a
specific Resolution of the Town Board authorizing its replacement or reconstruction.
d. The Owner of the fence shall be solely responsible for any damage caused by or to the
fence as a result of the Town’s maintenance of said easement, and the Owner, his
successors and assigns further agree to indemnify, defend and hold the Town harmless
from any and all loss or damage caused to or by the fence as a result of work done by the
Town as a result of reasonable and necessary work done by the Town within said
easement.
e. In the event of an emergency, or if the Town deems it necessary or imperative, the Town
will have the right to remove or take down all or any part of said fence, without recourse
by the Owners or their successors or assigns to such removal or taking down.
250
07-03-2024
Webster Town Board
f. This Resolution shall in no way affect the rights, if any, of any other public entities or
public utilities in or to said easement.
4. The record Owner of the proposed fence and the Town of Webster will enter into a licensing
agreement incorporating all the conditions of this Resolution in form and substance as
approved by the Town Attorney, and which will further provide that the Owner, at his
expense, will record the licensing agreement in the Monroe County Clerk’s Office.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Councilwoman Wright ..... Aye
Motion carried ..................... 4-0
***
The meeting was open to the floor for public comment.
Stephanie Allen Marsh, Webster resident, appeared before the Town Board to express their
concerns for poorly maintained yards of Webster resident homes. This matter will be reviewed
and addressed through local code enforcement procedures.
***
Resolution No. 219: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
approve the June 20, 2024 Town Board Meeting Minutes as submitted by the Town Clerk.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Councilwoman Wright ..... Aye
Motion carried ..................... 4-0
***
Resolution No. 220: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to
approve the June 27, 2024 Town Board Workshop Meeting Minutes as submitted by the Town
Clerk.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Councilwoman Wright ..... Aye
Motion carried ..................... 4-0
***
Resolution No. 221: MOTION by Councilwoman Nguyen, seconded by Councilwoman
Wright, to approve the bills, as submitted by the Director of Finance.
Fund
General (A,B) CL #2101-2204
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)
251
Inside
147,010.18
1,231.00
21,339.86
38,314.11
2,300.00
23,798.00
0.00
0.00
Outside
263,760.62
72,755.72
289,027.85
279.59
0.00
0.00
21,509.37
373,156.89
Total
410,770.80
73,986.72
310,367.71
38,593.70
2,300.00
23,798.00
21,509.37
373,156.89
07-03-2024
Webster Town Board
Fund
Capital Projects (H) #80-81
H231 WWTP Upgrade Phase II
H237 Coca-Cola/Fairlife
H239 Shipbuilders Creek Rehab
TOTAL
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Nguyen ......Aye
Motion carried ..................... 4-0
Inside
Outside
Total
0.00
6,378.50
1,795.00
242,166.65
1,454.30
0.00
0.00
1,021,944.34
1,454.30
6,378.50
1,795.00
1,264,110.69
Councilwoman Cataldi ..... Aye
Councilwoman Wright ..... Aye
***
Resolution No. 222: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
approve the prepaid vouchers included in Warrant #0724 by the Director of Finance in the
amount of $1,021,944.34 [Included in the summary vouchers approved in Resolution #221]
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Councilwoman Wright ..... Aye
Motion carried ..................... 4-0
***
Resolution No. 223: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
approve purchase orders as submitted by the Director of Finance.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Councilwoman Wright ..... Aye
Motion carried ..................... 4-0
***
Resolution No. 224: MOTION by Councilwoman Nguyen, seconded by Supervisor Flaherty, to
authorize the Bond for Danene M. Marr, Receiver of Taxes, to be approved as to the amount of
Two Hundred Fifty Thousand Dollars ($250,000.00), form sufficiency of surety thereof, the cost
of said Bond being a charge upon the Town of Webster, and that said bond is filed in the Office
of the Clerk of the Town and will be examined by the County of Monroe Attorney.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Nguyen ......Aye
Motion carried ..................... 4-0
Councilwoman Cataldi ..... Aye
Councilwoman Wright ..... Aye
***
Resolution No. 225: MOTION by Councilwoman Cataldi, seconded by Supervisor Flaherty, to
revise Resolution No. 194 of 2024 to increase the amount to be transferred from the Sewer Fund
to close out Capital Project H0222 Klem Road and Fawnwood Pump Station Improvements from
$53,658.46 to $59,818.46.
252
07-03-2024
Webster Town Board
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Nguyen ......Aye
Motion carried ..................... 4-0
Councilwoman Cataldi ..... Aye
Councilwoman Wright ..... Aye
***
The Engineering Department has reviewed the fill permit application for 1660 Lake Road. The
property owner, Mr. Giuseppe LaBarbera, intends to fill low areas and grade as needed for ease
of mowing. The project area is estimated to be less than one acre in size and located
approximately 15’ away from a steep slope shoreline of the Lake Ontario shoreline. To complete
the work, it is estimated that 50 CY of soil will be needed, which may originate from the
Highway Department, as available.
Resolution No. 226: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to
approve the issuance of an Excavation and Fill Permit pursuant to Section 201 of the Webster
Town Code for property owned by Giuseppe LaBarbera located at 1660 Lake Road, Tax ID No.
036.04-1-22.112 with the following conditions:
•
All Grading work is to be completed on the applicant’s property only and not alter
grades and/or drainage on adjoining properties.
• If project appears to adversely affect surrounding properties, they are to stop work
and contact Town to reevaluate the plan.
• The highest point of the final grade cannot exceed the adjacent elevation of the
site.
• All slopes, if any, are to be graded no steeper than 2:1 (2’ horizontal to 1’ rise)
• Material brought to the site as fill is to be flattened to grade within 7 days of
arrival.
• The area must be established and vegetated immediately after completion of
grading. Grass should be established at approximately 80% coverage within 30
days.
• Maintain erosion and sediment controls; this can include but not be limited to
straw matting and silt rocks. If additional measures are deemed necessary by the
town, the property owner shall comply.
• Comply with the Town of Webster Noise Ordinance.
• Allow Town access during the project to review site and progress.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Councilwoman Wright ..... Aye
Motion carried ..................... 4-0
***
Resolution No. 227: MOTION by Supervisor Wright, seconded by Councilwoman Cataldi, to
authorize the submission of a CFA grant application for Sandbar Park – Phase II- Environmental
Education Area.
253
07-03-2024
Webster Town Board
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Nguyen ......Aye
Motion carried ..................... 4-0
Councilwoman Cataldi ..... Aye
Councilwoman Wright ..... Aye
***
Resolution No. 228: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
authorize the submission of a grant application associated with the Chiyoda Drive Extension and
Multi-Use Trail.
WHEREAS, the Village of Webster, Monroe County, New York, herein called the "Applicant", the
Town of Webster and the Webster Economic Development Association (“WEDA”) as co-applicants,
after thorough consideration, has hereby determined that certain work, as described in its
application and attachments thereto, Webster the Brownfield Opportunity Area (BOA) - Chiyoda
Drive Multi-Use Trail Project, hereinafter called the "Project”, is desirable; and
WHEREAS, §970-r of the General Municipal Law authorizes State assistance to eligible parties
for Brownfield Opportunity Areas Program grants by means of a State Assistance Contract
(“Contract”); and
WHEREAS the Town Board of the Town of Webster deems it to be in the public interest and benefit
to enter into a contract therewith:
NOW, THEREFORE, BE IT RESOLVED:
1. That Darrell Byerts, Mayor of the Village of Webster, is the representative authorized to act
on behalf of all applicants in all matters related to State assistance under §970-r of the
General Municipal Law for the Project. The representative is also authorized to: sign and
submit the application; execute the contract; request payment advances and reimbursements;
redistribute contract reimbursements as appropriate; submit Project documentation; and
otherwise act for all applicants in all matters related to the Project and to State assistance.
2. That the Applicant and co-applicants intend to complete Pre-development Activities to
advance development of the following projects identified and described within The
Reimagine Webster Brownfield Opportunity Area (BOA) Nomination Study:
a. Design of improvements for Commercial Street and Donovan Street in the
Village of Webster, to include the southern extension of Panama Road
(Project "a").
b. Preliminary design of improvements to Chiyoda Drive, its intersection with
Panama Road and adjacent drives, to include the westward extension of
Chiyoda Drive to State Route 250, and also to include preliminary design of a
public amphitheater and associated recreational amenities in the Town of
Webster (Project “b”), this being the portion of the Project affecting Town
lands, and the sole portion of the entire Project being funded in part by the
Town of Webster.
254
07-03-2024
Webster Town Board
c. A targeted market analysis and feasibility study for a medium-scale concert/event
venue to be located on part of Strategic Site 4 between Orchard Street, Panama Drive,
Chiyoda Drive and Phillips Road (Project "c”)
3. That the Applicant requests funds in the amount of $258,300.00 for Project “a” above,
representing no more than 90% of the total Project cost, $164,700.00 for Project “b” above,
representing no more than 90% of the total Project cost, and $67,500.00 for Project “c”
above, representing no more than 90% of the total Project cost; for a total funding request
of $490,500.00.
4. That the Board of Trustees of the Village of Webster has agreed or will agree that the Village
of Webster will fund the Applicant’s 10% share of Project a; that the Town of Webster, as
co-applicant, agrees that it will fund its co-applicant’s 10% share of Project b; and WEDA, as
co-applicant, agrees or will agree that it will fund its co-applicant’s 10% share of Project c.
5. That the authorized representative is actively finalizing The Reimagine Webster
Brownfield Opportunity Area (BOA) Nomination Study and will seek official
Designation of the Brownfield Opportunity Area by the Secretary of State upon
completion of the Nomination.
6. That this Authorization takes effect immediately.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Councilwoman Wright ..... Aye
Motion carried ..................... 4-0
***
Resolution No. 229: MOTION by Councilwoman Cataldi, seconded by Councilwoman
Nguyen, to approve a license agreement to allow for a fence in Town Sanitary Sewer Easement
at 273 Eastham Court, Tax ID No. 050.01-2-39.
WHEREAS, a 10+ foot wide sanitary sewer easement was granted to the Town of Webster and
recorded in the Monroe County Clerk’s Office in Liber 309 of Maps, Page 82, on and along the
west side (Burnett Road) boundary of the property at 273 Eastham Court, Town of Webster; and
WHEREAS, David D’Agostino is the owner of the property located at 273 Eastham Court, Town
of Webster, Tax ID # 050.01-2-39; and
WHEREAS, David D’Agostino has applied to erect 5 foot tall black vinyl fence. fence upon and
within the aforesaid easement in conformance with the height and setback requirements as set
forth in the Code of the Town of Webster, and that in the event the placement and/or height of
such fence is not in such conformance, such fence shall not be constructed unless the proper
variance(s) is/are received from the Town of Webster Zoning Board of Appeals; and
WHEREAS, the applicant has requested relief from the Webster Town Board to permit the
aforesaid fence to exist upon and encroach within said easement; and
255
07-03-2024
Webster Town Board
WHEREAS, the Town of Webster has the authority to grant the relief requested, and the public
good will not be harmed thereby:
NOW, THEREFORE BE IT RESOLVED:
1. Pursuant to application of David D’Agostino, owner of 273 Eastham Court, and in
recognition of the hardship created if the relief sought herein is not granted, the
limited detriment to the Town of Webster, and upon consideration of all relevant
factors, the Webster Town Board hereby allows the construction of the aforesaid
black vinyl privacy fence which will exist upon and encroach upon the easement
affecting 273 Eastham Court, Town of Webster.
2. This Resolution in no way applies to any other encroachment, violations or relief
sought by the owner, his successors, grantees or assigns from any other building,
structure or zoning violation which may exist on such premises.
3. This relief is granted upon the following conditions:
a. The proposed fence shall encroach upon the said easement as proposed as shown on the
survey map prepared by TRIPLE POINT LAND SURVEYING, LLC, 16 East Main
Street, Rochester, New York 14614, last dated June 22, 2022, and shall be removable.
b. The proposed fence shall not be expanded to further encroach on or in the
easement, nor will it be moved from its permitted place within the easement as
shown on the Instrument Survey Map presented to the Town Board, and as
referenced above.
c. Upon the destruction or demolition of the aforesaid fence or any part of thereof,
through natural causes or otherwise, the Owner of the fence will not reconstruct it
without a specific Resolution of the Town Board authorizing its replacement or
reconstruction.
d. The Owner of the fence shall be solely responsible for any damage caused by or to
the fence as a result of the Town’s maintenance of said easement, and the Owner,
his successors and assigns further agree to indemnify, defend and hold the Town
harmless from any and all loss or damage caused to or by the fence as a result of
work done by the Town as a result of reasonable and necessary work done by the
Town within said easement.
e. In the event of an emergency, or if the Town deems it necessary or imperative, the
Town will have the right to remove or take down all or any part of said fence,
without recourse by the Owners or their successors or assigns to such removal or
taking down.
f. This Resolution shall in no way affect the rights, if any, of any other public
entities or public utilities in or to said easement.
256
07-03-2024
Webster Town Board
4. The record Owner of the proposed fence and the Town of Webster will enter into a
licensing agreement incorporating all the conditions of this Resolution in form and
substance as approved by the Town Attorney, and which will further provide that the
Owner, at his expense, will record the licensing agreement in the Monroe County
Clerk’s Office.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Councilwoman Wright ..... Aye
Motion carried ..................... 4-0
***
Resolution No. 230: MOTION by Supervisor Flaherty, seconded by Councilwoman Wright, to
schedule a Public Hearing 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 more specifically, to enact local laws restraining violations of and compelling
compliance with provisions of the Town’s Property Maintenance Code; 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 both in the public interest and required by law that a Public Hearing be held
to consider the amendment of Section 243-14 of Chapter 243 of the Webster Town Code,
relating to violations of the Property Maintenance Code of the Town of Webster:
NOW, THEREFORE, BE IT RESOLVED:
1. That a Public Hearing shall be scheduled and conducted at a regular meeting of the Town
Board of the Town of Webster to be held at the Town Board Meeting Hall, 1002 Ridge Road,
in the Town of Webster on Thursday, July 18, 2024, at 7:30 p.m., to consider 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.
2. Such Local Law will be designated as:
To be repealed is struck through; that to be added is in italics.
Proposed LOCAL LAW NO. ____ 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”.
257
07-03-2024
Webster Town Board
§ 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
obtain an order directing the removal of the building or structure or an abatement of the
condition in violation of such provisions.
258
07-03-2024
Webster Town Board
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).
The entire law to be amended, will also be available through the Town Website and at the
Town Clerk’s Office.
3. That the determination of significance under the New York State Environmental Quality
Review Act is to be considered at the time of such Public Hearing.
4. That the Town Clerk give notice of such Public Hearing at least five (5) days prior to such
hearing by publishing a copy of this Resolution once in the Webster Herald, the official
newspaper of the Town of Webster and posting a copy thereof on the Town Clerk’s Bulletin
Board and the Town’s website.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Councilwoman Wright ..... Aye
Motion carried ..................... 4-0
***
259
07-03-2024
Webster Town Board
Resolution No. 231: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
move Town Board Workshops from 5:30pm on the 2nd and 4th Thursdays of the month to
6:30pm on the 1st and 3rd Thursdays of the month, beginning August 15, 2024.
Vote on motion:
Supervisor Flaherty .............Aye
Councilwoman Cataldi ..... 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
9:04 p.m.
___________________________
Danene M . Marr, Town Clerk
260
07-03-2024