Town Board Workshop
Town Board Minutes 2024.03.14

Minutes

March 14, 2024 · 6 min read · extracted text · View original

Webster Town Board

March 14, 2024

A workshop meeting of the Webster Town Board was called to order by Supervisor Flaherty at

5:30 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 ........................................................................... Ginny L. Nguyen

Councilwoman .......................................................................... Jennifer S. Wright

Town Attorney ........................................................................... Charles J. Genese

Town Clerk ........................................................................... Dorothy M. Maguire

Absent:

Councilwoman .......................................................................... Patricia T. Cataldi

Councilman .......................................................................................John J. Cahill

Department Heads Present:

Communications Director .............................................................. Bridget Harvey

Finance Director.................................................................................. Paul Adams

Information Technology Director ....................................................... Steve Peace

Personnel Director ...................................................................... Brayton Connard

***

Bridget Harvey, Communications Director, appeared before the Town Board to provide a

presentation on the production of Town meeting videos.

***

Jared Miller, Campus Construction, and Dave Cox, Passero Associates, updated the Town Board

with the construction progress made during the 2023-2024 construction season for the Sandbar

Waterfront Park Improvements Project. Also presented was an update on the permit approval by

New York State Department of Conservation (NYSDEC) for a 2,300 square foot building to be

located at Sandbar Park and the plans moving forward to use the building as a restaurant.

***

Steve Peace, Information Technology Director, presented the Town Board with a presentation on

Cyber Insurance.

***

Resolution No. 120: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

schedule a Public Hearing 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

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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, it is both in the public interest and required by law that a Public Hearing be held to

consider the amendment of Town of Webster’s residency requirements for certain appointed

positions to increase and improve the pool of potential qualified applicants for such positions:

NOW, THEREFORE, BE IT RESOLVED:

1. That a Public Hearing shall be scheduled and conducted at a special meeting of the Town Board

of the Town of Webster to be held at the Town Board Meeting Room, 1002 Ridge Road, in the

Town of Webster on Thursday, March 28, 2024, at 6:30 p.m., to consider a Local Law

authorizing the employment of a person or persons for the position(s) of Town Engineer or

engineer for the Town regardless of whether such person or persons are residents of the Town

of Webster or of other political subdivisions, regardless of future residency in the Town of

Webster.

2. Such Local Law will be designated as:

PROPOSED LOCAL LAW NO. 4 of 2024

Part to be repealed is struck through.

Be it enacted by the Town Board of the Town of Webster, New York, as follows:

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.]

§ 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.

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§ 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. That the determination of significance under the New York State Environmental

Quality Review Act will be considered at the time of such Public Hearing.

5. 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 Website and on

the Town Clerk’s Bulletin Board.

Vote on motion:

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

Councilwoman Nguyen .... Aye

Councilwoman Wright……Aye

Motion carried ................. 3-0

***

There being no further business to come before the Board, the meeting was adjourned at

6:51 p.m.

___________________________

Dorothy M. Maguire, Town Clerk

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