Town Board Workshop
Town Board Minutes 2023.09.28

Minutes

September 28, 2023 · 15 min read · extracted text · View original

Webster Town Board

September 28, 2023

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

Councilman...............................................................................William G. Abbott

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

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

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

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

Absent:

Councilwoman............................................................................Ginny L. Nguyen

Department Heads Present:

Community Development Director.....................................................Josh Artuso

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

***

Supervisor Flaherty stated it was a sad week for the Webster community due to the sudden

passing of Cathie Thomas who was the Town Supervisor in the mid-1990s to early 2000s and

Town Clerk for about a dozen years. He asked that everyone keep her family in their prayers.

***

Resolution No. 343: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

approve the solicitation of bids for the Town of Webster Park/Land Mowing Services (20242026) and to be advertised in the Webster Herald on October 4, 2023.

Vote on motion:

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

Councilman Abbott...........Aye

Councilman Cahill..............Aye

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Absent

Motion carried..................4-0

***

Supervisor Flaherty announced a Public Hearing to consider enacting Local Law No. 2 amending

Chapter 304 of the Code of the Town of Webster (“Taxation”) – Real Property Tax Law Section

466-a Tax Exemption for Volunteer Firefighters and Volunteer Ambulance Workers.

At 5:34 p.m. the Public Hearing was opened and closed with no public comments received.

***

Resolution No. 344: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to

enact a Local Law amending Chapter 304 of the Code of the Town of Webster (“Taxation”).

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 New York State

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

326

09-28-23

Webster Town Board

WHEREAS, the Town Board has the authority granted to local taxing jurisdictions by Real

Property Tax Law Section 466-a — Tax Exemption for Volunteer Firefighters and Volunteer

Ambulance Workers; and

WHEREAS, the Town Board, by Resolution No. 106 of 2022 enacted Local Law #1 of 2022,

granting Tax Exemptions for Volunteer Firefighters and Volunteer Ambulance Workers, in

accordance with the previous Section 466-k; and

WHEREAS, the Legislature of the State of New York has effectively superseded the grant of

authority to grant some exemption(s) by enacting a new 466-a, which continued the grant of

authority previously given, and expanded it, by the enactment of Laws of 2022, Ch.670; and

WHEREAS, the Legislature of the County of Monroe, by enactment of May 9, 2023, approved

for its jurisdiction and on behalf of its constituents, the exemptions as set forth in the newly

amended RPTL 466-a; and

WHEREAS, the authority granted to the local taxing jurisdictions to expand the coverage of the

more recently enacted RPTL 466-a (Laws of 2022, Ch. 670) will operate to supersede the extent

of authority to grant the partial exemption to volunteer firefighters and ambulance workers in the

previously enacted RPTL 466-k; and

WHEREAS, it is in the public interest to repeal the previous Chapter 304 (TAXATION),

ARTICLE X, and replace it with the more expansive exemptions set forth and authorized by the

more recently enacted RPTL 466-a (Laws of 2022, Ch. 670); and

WHEREAS, it is in the interest of the Town to expand the pool of applicants for the important

positions of volunteer fire and ambulance service workers within the Town, and to enhance the

ability to recruit and retain the volunteers that are the lifeblood of the volunteer fire and

ambulance organizations currently serving the residents of the Town of Webster; and

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

consider this proposed addition to the Webster Town Code; and

WHEREAS, a Notice of this Public Hearing was published in the Webster Herald on September

20, 2023, and posted on the Town’s Website and Town Clerk’s Bulletin Board at 1000 Ridge

Road, Webster, New York; and

WHEREAS, a hearing on this matter has been held on the 28th day of September, 2023, at 7:30

p.m. at the Town Hall, 1000 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:

That the current Chapter 304, Article X, Sections 304-30 to 304-36 of the Code of the Town of

Webster be repealed and a new Chapter 304, Article X, Sections 304-30 to 304-38 be enacted in

its place as follows:

327

09-28-23

Webster Town Board

Such Local Law will be designated as:

LOCAL LAW NO. 2 OF 2023

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF WEBSTER AS

FOLLOWS:

Section

1. Title.

This Local Law shall be a new Article X under Chapter 304 of the Code of the Town of Webster

entitled “Tax Exemption for Volunteer Firefighters and Volunteer Ambulance Workers”.

Section

2. Purpose and Findings.

It is the purpose of this Local Law to implement the authority granted to local taxing

jurisdictions by Real Property Tax Law Section 466-a — Tax Exemption for Volunteer

Firefighters and Volunteer Ambulance Workers. The Town Board of the Town of Webster

(“Town Board”) finds and hereby determines that New York Real Property Tax Law Section

466-a makes available a tax exemption for volunteer fire and ambulance service workers at the

option of the local municipality. The Town Board further finds and determines the Town of

Webster should exercise said option and implement said tax exemption because it would enhance

the ability to recruit and retain the volunteers that are the lifeblood of the volunteer fire and

ambulance organizations currently serving the residents of the Town of Webster. Recruiting and

retaining sufficient volunteers to serve these important functions is essential to maintaining the

high quality of emergency service in our community and saving its taxpayers the significant

expense of paid staff.

Section

3. Grant of Property Tax Exemption for Volunteer Firefighters and Volunteer

Ambulance Workers.

Chapter 304 of the Code of the Town of Webster, “Taxation” shall be amended by repealing the

current “Article X. Exemption for Volunteer Firefighters and Volunteer Ambulance Workers”

and replace it with a new “Article X Exemption for Volunteer Firefighters and Volunteer

Ambulance Workers” as follows:

Article X. Exemption for Volunteer Firefighters and Volunteer Ambulance Workers.

§ 304-30. Legislative Intent.

The Real Property Tax Law has been amended by the addition of a new § 466-a, which permits

the Town of Webster to grant a partial tax exemption on real property owned by an enrolled

member of an incorporated volunteer fire company, fire department, or incorporated voluntary

ambulance service or such enrolled member, spouse and/or surviving spouse. Said partial

exemption is up to 10% of the assessed value of such property for all Town, part Town, and

special district purposes.

§ 304-31. Grant of exemption.

An exemption of 10% of assessed value of property owned by an enrolled member or such

enrolled member and spouse is hereby granted from taxation with respect to all Town, part

Town, and special district purposes, subject to the requirements set forth in this Article.

328

09-28-23

Webster Town Board

§ 304-32. Eligibility.

Such exemption shall be granted to an enrolled member of an incorporated volunteer fire

company, fire department, or incorporated voluntary ambulance service provided that:

A. The applicant resides in the Town of Webster which is served by such incorporated volunteer

fire company or fire department or incorporated voluntary ambulance service;

B. The property is the primary residence of the applicant;

C. The property is used exclusively for residential purposes; provided, however, that in the

event any portion of such property is not used exclusively for the applicant’s residence but is

used for other purposes, such portion shall be subject to taxation and the remaining portion

only shall be entitled to the exemption provided by this section;

D. The applicant has been certified in accordance with § 304-38 as enrolled member of an: (1)

incorporated volunteer fire company or fire department for at least 2 years, or (2) an

incorporated voluntary ambulance service for at least 2 years; and

E. The applicant complies with the requirements of § 304-38.

§ 304-33. Grant of lifetime exemption.

Any enrolled member of an incorporated volunteer fire company, fire department or incorporated

voluntary ambulance service who accrues more than 20 years of active service and is so certified

by the authority having jurisdiction for the incorporated volunteer fire company, fire department

or incorporated voluntary ambulance service shall be granted the 10% exemption as authorized

by this article for the remainder of his or her life as long as his or her primary residence is

located within the Town of Webster.

§ 304-34. Un-remarried spouses of volunteer firefighters or volunteer ambulance workers

killed in the line of duty.

Such exemption may be continued to such deceased enrolled member’s un-remarried spouse if

such member is killed in the line of duty; provided, however, that:

A. Such un-remarried spouse is certified by the authority having jurisdiction for the incorporated

volunteer fire company, fire department or incorporated voluntary ambulance service as unremarried spouse of an enrolled member of such incorporated voluntary ambulance services

who was killed in the line of duty; and

B. Such deceased volunteer has been an enrolled member for at least five years; and

C. Such deceased volunteer had been receiving the exemption prior to his or her death.

§ 304-35. Un-remarried spouses of deceased volunteer firefighters or volunteer ambulance

workers.

Such exemption may be continued to such deceased enrolled member’s un-remarried spouse;

provided, however, that:

329

09-28-23

Webster Town Board

A. Such un-remarried spouse is certified by the authority having jurisdiction for the incorporated

volunteer fire company, fire department or incorporated voluntary ambulance service as unremarried spouse of a deceased enrolled member of incorporated volunteer fire company, fire

department or incorporated voluntary ambulance service; and

B. Such deceased volunteer has been an enrolled member for at least twenty years; and

C. Such deceased volunteer and un-remarried spouse had been receiving the exemption prior to

the death of such volunteer.

§ 304-36. Application.

Application for such exemption shall be filed with the assessor for the municipality in which the

property is located on or before the taxable status date on a form as prescribed by the

Commissioner of Tax and Finance.

§ 304-37. Diminution of benefits.

No applicant who is a volunteer firefighter or volunteer ambulance worker who by reason of

such status is receiving any benefit under the provisions of Article 4 of the Real Property Tax

Law on the effective date of this article shall suffer any diminution of such benefit because of the

provisions of this article.

§ 304-38. Certification.

Each incorporated volunteer fire company, incorporated volunteer fire department and

incorporated voluntary ambulance service shall file a notice annually with the Assessor,

certifying its enrolled members with 2 or more years of service, per procedures prescribed by the

Assessor.

Section

4. Severability.

If any clause, sentence, paragraph, subdivision, section, or part of this law or the application

thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be

adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or

judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its

operation to the clause, sentence, paragraph, subdivision, section or part of this law, or in its

application to the person, individual, corporation, firm, partnership, entity, or circumstance

directly involved in the controversy in which such order or judgment shall be rendered.

Section

5. Effective Date.

This Local Law shall take effect upon filing with the Secretary of State.

Vote on motion:

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

Councilman Abbott...........Aye

Councilman Cahill..............Aye

Councilwoman Cataldi......Aye

Councilwoman Nguyen.......Absent

Motion carried...................4-0

***

330

09-28-23

Webster Town Board

Josh Artuso, Community Development Director, Matt Chatfield, Webster Economic

Development Alliance Executive Director and Melissa Valle, Knauf Shaw LLC, appeared before

the Town Board to present possible next steps for 600 Ridge Road, the old Furniture Strippers

Site.

The Town Board was presented with a recent history of some of the milestone events pertaining to

600 Ridge Road and highlights of the West Webster revitalization efforts. On September 26, 2023

the property was offered at the Monroe County tax foreclosure auction, however there were no

bidders and Monroe County opted not to take title. The Town Board was presented with a sequence

of events regarding the potential sale of 600 Ridge Road from Monroe County to the Town of

Webster for the sum of $1.00.

Following the presentation, a general discussion took place.

***

Supervisor Flaherty presented an update on the short-term and long-term Town of Webster

ambulance service options. Factors still need to be discerned that will delay the October 1st

deadline for the short-term option decision. The University of Rochester Simon Business School

MBA Team has agreed to research long-term options for the Town of Webster and will present

their findings in early December 2023.

Following the presentation, a general discussion took place.

***

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

6:20 p.m.

____________________________

Dorothy M. Maguire, Town Clerk

331

09-28-23

End of document