TOWN OF YATES

ORGANIZATIONAL AND REGULAR BOARD MEETING

JANUARY 8,2009

The Organizational and regular meeting was called to Order by the Supervisor at 7:00 P.M. at the Town Hall 8 South Main Street, Lyndonville NY

THOSE OFFICERS PRESENT: Russell Martino- Supervisor

Jerry Rutledge-Councilman

John Belson-Councilman

Rick Harmer-Councilman

Roger W. Wolfe –Highway Water Superintendent

Brenda Donald- Town Clerk

David Schubel- Attorney

Michele Harling-Assessor

Dan Wolfe-Code & Zoning

OTHERS

RESOLUTION NO.1 -1/09

RESOLUTION TO ACCEPT THE MINUTES OF DECEMBER 29th THE YEAREND MEETING FOR THE YEAR 2008

RESOLVED, to accept the minutes of the December 29th yearend meeting held for the year 2008 as presented to each Board Member.

Offered by Councilman Belson ,who moved its adoption

Seconded by Councilman Rutledge

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO. 2-1/09

RESOLUTION TO NAME OFFICIAL DEPOSITORY

RESOLVED, to name M & T Bank and the Bank of Castile as the official depository for the Town of Yates.

Offered by Councilman Harmer , who moved its adoption

Seconded by Councilman Rutledge

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO.3-1/09

RESOLUTION TO NAME OFFICIAL NEWSPAPER

RESOLVED, to name the Medina Journal as official newspaper.

Offered by Councilman Belson , who moved its adoption

Seconded by Councilman Rutledge

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO.4-1/09

RESOLUTION TO MAKE APPOINTMENTS BY THE TOWN BOARD

RESOLVED, to make the following appointments:

Legal Service------------------------------------- Webster and Schubel

Historian------------------------------------------- Scott Goetze

Fire & Building Code Officer------------------- Dan Wolfe

Zoning Enforcement Officer---------------------Dan Wolfe

Zoning Board of Appeals Clerk-----------------Deputy Clerk- Wendy Thering

Zoning Board of Appeals Chairman Ellen Touhey

Zoning Board of Appeals Alternate Gary Daum

Planning Board Chairman------------------------Donald Lamay

Planning Board Member 1 years----------------Ed Urbanik-1/1/09-12/31/09

Planning Board Clerk-----------------------------Deputy Clerk-Wendy Thering

Planning Board Alternate-------------------------Jeannie Whipple

Water District 4 Superintendent-----------------Roger W. Wolfe

Cemetery Superintendent-------------------------Roger W. Wolfe

Youth Agency Representative-------------------John Belson

Registrar of Vital statistics-----------------------Brenda B. Donald

Deputy Registrar-----------------------------------Deputy Clerk-Wendy Thering

Dog Control Officer-------------------------------John W. Donald

Offered by Councilman Belson , who moved its adoption

Seconded by Councilman Harmer

Adopted 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO.5 -1/09

RESOLUTION TO ACCEPT APPOINTMENTS BY DEPARTMENT HEADS

RESOLVED, to accept the following Department Head Appointments:

SUPERVISOR

Deputy Supervisor---John Belson

Bookkeeper-----------Lynne Johnson

TOWN CLERK

Deputy Clerk- Wendy Thering

HIGHWAY SUPERINTENDENT

Deputy Superintendent—David Hydock

JUSTICE

Court Clerk—Susanne Sanderson

Court Baliff---Eric Harling

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Belson

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO. 6-1/09

RESOLUTION TO ALLOW SPECIFIC PERSONS TO ACT AS AUTHORIZED OFFICERS TO DO BANKING

RESOLVED, to allow the following to do banking in specific accounts:

Accounts Payable Account—Supervisor, Deputy Supervisor and Town Clerk

Money Market Account--, Supervisor, Deputy Supervisor, and Town Clerk

Payroll Account—Supervisor, Deputy Supervisor and Town Clerk

Trust and Agency Fund-Supervisor, Deputy Supervisor and Town Clerk

Town Clerk’s Checking and Savings—Town Clerk, Deputy Town Clerk and Supervisor.

Offered by Councilman Harmer , who moved its adoption

Seconded by Councilman Belson

Adopted . 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO. 7-1/09

RESOLUTION TO ADOPT OFFICE HOURS

RESOLVED, to set the following office hours

Town Clerk’s Office

Monday Tuesday Thursday and Friday –9:00 A. M. –12:30 P.M. 1:00 P.M. until 4:30 P.M.

Wednesdays 9:00 A. M until 12:30 P.M.

7:00 P.M. until 9:00 P.M.

The office will be closed on Wednesday nights from May 1st thru August 6th

Assessor—Thursdays and Fridays 9:00 A.M. until 12 :30 P.M.

1:00 P.M. until 4:30 P.M.

Code & Zoning Officer

Mondays 8:00 A.M.. until 4:00 P.M.

Offered by Councilman Rutledge ,who moved its adoption

Seconded by Councilman Harmer

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO. 8-1/09

RESOLUTION TO ACCEPT COMMITTEE APPOINTMENTS BY SUPERVISOR

RESOLVED to accept the following committee appointments by the Supervisor

A- Finance & Budget---Chairman—Councilman Rutledge

Councilman Harmer

B-Health & Public Safety—Chairman---Councilman Harmer

Councilman Bentley

C-Planning & Zoning—Chairman—Councilman Belson

Councilman Rutledge

D- Public Works---------Chairman------Councilman Bentley

Councilman Belson

Offered by Councilman Harmer , who moved its adoption.

Seconded by Councilman Belson .

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO. 09-01\09

RESOLUTION TO NAME TIMEKEEPER FOR ALL PERSONNEL

RESOLVED, to name the Town Clerk as the Official Timekeeper for all Town Personnel. Each Department Head shall submit time sheets showing daily hours worked, holidays, vacation, personal, funeral, sick days and days off without pay.

Offered by Councilman Belson , who moved its adoption

Seconded by Councilman Rutledge

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO. 10-1\09

RESOLUTION TO SET PETTY CASH FUNDS

RESOLVED, to set petty cash funds as follows:

Town Clerk--$200.00

Petty Cash---$200.00

Offered by Councilman Harmer, who moved its adoption

Seconded by Councilman Rutledge

Adopted. 4 ayes; 0;nays;1 absent (Bentley)

RESOLUTION NO.11-1\09

RESOLUTION TO SET MILEAGE ALLOWANCE

RESOLVED, to reimburse Town Officers and Employees using personal vehicles for Town Business at a rate of $.50 per mile.

Offered by Councilman Belson , who moved its adoption

Seconded by Councilman Harmer

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO.12-1\09

RESOLUTION TO SET MEETING DATES AND TIMES

RESOLVED, to set the following dates and times for meetings

Town Board Workshop Meetings—Monday before regular Board Meeting 3:30 P.M.

Town Board Meeting—Second Thursday of each month 7:00 P.M.

Planning Board—First Thursday of each Month 7:00 P.M.

Zoning Board of Appeals – at least twice a year, once with Town Board Representatives, and when needed to hear an appeal

Offered by Councilman Harmer , who moved its adoption

Seconded by Councilman Rutledge

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO. 13-1/09

RESOLUTION TO ALLOW SUPERVISOR TO PREPAY VOUCHERS

RESOLVED, to authorize the Supervisor to prepay the following Vouchers

Bi-weekly, Monthly and vacation payrolls

Utility Bills

Installments on Contracts approved by the Board

Insurance premiums

Payment to Federal and State and County Agencies

Offered by Councilman Belson , who moved its adoption.

Seconded by Councilman Harmer

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO.14-1\09

RESOLUTION TO SET WORK PERIOD AND PAY DAYS

RESOLVED, to set the following:

Bi-Weekly—Monday thru Sunday midnight (14 days_

Pay day on the following Thursday

Monthly- first to last day of month

Pay day last banking day of Month

Others-completion of duties, end of the year, or if voucher after next regular Board meeting.

When a pay day falls on a Holiday the pay day shall be on the preceding work day.

Offered by Councilman Rutledge , who moved its adoption

Seconded by Councilman Belson

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO.15-1\09

RESOLUTION TO SET SALARIES, WAGES AND COMPENSATION

MONTHLY

Per year

Legislative Board (4) 3,164.75

Justice (2) 7,277.00

Supervisor 8,918.00

Supervisor Bookkeeper 13,673.00

Water Bookkeeper 2,993.00

Budget Officer 1,628.00

BI-WEEKLY

Town Clerk $32,163.0000

Vital Registrar $ 589

Highway Superintendent $53,380.00

Cemetery Superintendent $ 4,600.00

Water Superintendent $11,595.00

HOURLY

Court Clerk------- $11.83

Deputy Clerk------ $9.75

Code & Zoning $19.000

Highway MEO— $19.23

Court Baliff---------- $10.00 per summons +mileage

Assessment Review Board Chairman--- $130.00 Annually

Assessment Review Board Member— $60.00 daily

Election Inspectors as follows:

Training--- $25.00

Primary 9 hours @ $8.13= $73.17 per day

Election 15.5 hours @ $8.13= $126.02 per day

Registration 7.5 @ 8.13= $ 60.98 per day

Registration 4 @ 8.13= $ 32.52 per day

Dog Control Officer $ 10.00 plus mileage per summons

Zoning Board Members $ 15.00 per meeting payable yearend

Zoning Board Chairman $ 25.00 per meeting

Planning Board Chairman— $ 25.00 per meeting

Planning Board Members $15.00 per meeting payable yearend meeting

Historian--- $600.00 annually.

Offered by Councilman Harmer , who moved its adoption

Seconded by Councilman Belson

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO.16-1/09

RESOLUTION TO ALLOW SUPERINTENDENT OF HIGHWAYS TO USE TOWN EQUIPMENT AND PERSONNEL IN EMERGENCY

RESOLVED, that the Town Board of the Town of Yates hereby renews an Emergency response procedure (of December 13, 1984) by giving the Superintendent of Highways authority to use Town of Yates Highway Equipment and Personnel when requested by local Police, Public Safety Coordinator, Chief of Volunteer Fire Department, or some other Officer to protect citizens and property within the Town.

Offered by Councilman Belson ,who moved its adoption

Seconded by Councilman Rutledge

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO.17-1\09

RESOLUTION TO SET TOWN HOLIDAYS

RESOLVED to set Town Holidays as follows:

New Years Day

Martin Luther King Day-Town Hall Offices

Good Friday

Memorial Day

Independence Day

Labor Day

Election day

Veterans Day

Thanksgiving Day

Day After Thanksgiving

Day Before Christmas

Christmas Day

Day before New Years

BE IT FURTHER RESOLVED, when the Holiday falls on a Saturday, it will be celebrated on the preceding Friday, and when the Holiday falls on a Sunday it will be celebrated on the following Monday.

Offered by Councilman Rutledge who moved its adoption

Seconded by Councilman Belson

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO.18-1\09

RESOLUTION TO ALLOW HIGHWAY SUPERINTENDENT TO EXPEND HIGHWAY MONEYS AS REQUESTED

WHEREAS, the Highway Superintendent has presented information of the Expenditure of Highway moneys as follows:

AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS

AGREEMENT, between the Highway Superintendent of the Town of Yates, Orleans County New York, and the undersigned members of the Town Board

Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows:

1- GENERAL REPAIRS, The sum of $ 145,000.00 shall be set aside to be Expended for the primary work and general repair upon 36.73 miles of town Highways, including sluices, culverts and bridges having a span of less than five (5) feet and boardwalks or the renewal thereof.

2- PERMANENT IMPROVEMENTS. The following sums $92,000.00 shall be set aside to be expanded for the permanent improvement of Town Highways:

(a)-On Swett Road commencing at Ridgeway Townline Road to Platten Road . There shall be expended not over the sum of $92,000. .

TYPE: In Place Recycling Width of traveled surface: 20 feet THICKNESS 4 1/2 inches. Replace 5’Culvert pipes and seal surface

Executed this 8th day of January 2009

__________________________________ ____________________________________

Supervisor, Russell Martino Councilman, John Belson

__________________________________ ___________________________________

Councilman, Harmer Councilman, Jerry Rutledge

__________________________________ ____________________________________

Councilman, Bradley Bentley Highway Superintendent, Roger W. Wolfe

Offered by Councilman Rutledge , who moved its adoption.

Seconded by Councilman Harmer

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO.19-1/09

RESOLUTION TO ALLOW TOWN OF YATES PERSONNEL TO ATTEND CONFERENCES,TRAINING AND CERTIFICATION SESSIONS

WHEREAS, the need for personnel to attend conferences, training, and certifications sessions is present, be it

RESOLVED, personnel has the approval to attend conferences, training and certification sessions, at Town expense, be it

FURTHER RESOLVED all expenses are to be pre-approved by the Town Board, including dues to organizations.

Offered by Councilman Belson who moved its adoption.

Seconded by Councilman Rutledge

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO. 20-1/09

RESOLUTION TO AUTHORIZE THE SUPERVISER TO SIGN AGREEMENT FOR LEGAL SERVICES WITH WEBSTER SCHUBEL AND MEIRS LLP

WHEREAS, the agreement for legal services has been presented to the Town Board and the Town Board has reviewed this agreement be it

RESOLVED, the Supervisor is authorized by the Town Board to sign this agreement as follows:

THIS AGREEMENT dated as of the 1^st of January 2009, between the Town of Yates a municipal corporation of the State of New York, hereinafter referred to as “Town” and WEBSTER & SHUBEL, LLP, Attorneys at Law of 343 Main Street Medina, New York hereinafter referred to as “Attorneys”.

WHEREAS, the Town requires legal services in connection with the operation and functions of the government of the Town, and

WHEREAS, the Attorneys are experienced in matters involving municipal law and wish to perform necessary legal services for the Town.

NOW THEREFORE, in consideration of the premises and the mutual covenants and promises hereinafter set forth, it is agreed as follows:

The Attorneys will perform and provide such legal services as are required by the Town including but not limited to the following:

1.) Attendance at meetings, conference sessions and public hearings as required for the Town Board, Planning Board and Zoning Board of Appeals.

2.) Provide consultation services regarding questions presented orally by telephone or in written form by Board Members and other Town Officers.

3.) Be available for general consultation with Board Members and Town Officers regarding all legal inquiries.

4.) Preparation of Local Laws and Ordinances, performance of legal research, preparation of decisions, correspondence, debt collection, and similar matters.

5.) The representation of Town in tax assessment proceedings and other litigations.

6.) Legal services in connection with the formation of Special Use Districts or improvement areas, bond issues, and other borrowings and other related matters.

As compensation for services to be provided under this Contract, the Town will pay the Attorneys in accordance with the following schedule, rates and fees:

A.) For the services described in subparagraphs 1,2,3,4 above, the rate of $95.00 per hour not to exceed Seven Thousand Dollars ($7,000.00)

B.) For legal services described in subparagraphs 5 and 6 at rates and fees to be agrees upon between the parties by separate agreement.

C.) The Attorneys shall voucher the Town for the services rendered under subparagraph 1 through 4 above and such fees shall be payable upon approval of such voucher by the Town.

D.)

7.) The term of this Agreement shall be for a period of one (1) year from January 1, 2009 to December 31,2009 but the same may be renewed by the parties by written agreement extending the term hereof and modifying rates and charges as the parties may hereafter agree .

BE IT FURTHER RESOLVED A SIGNED COPY OF THIS AGREEMENT SHALL BE ATTACHED TO THESE MINUTES

Offered by Councilman Belson , who moved its adoption

Seconded by Councilman Harmer .

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO.21-1/09

RESOLUTION TO COMPENSATE DEPUTY HIGHWAY SUPERINTENDENT FOR MEDICAL AND TIME WORKED

WHEREAS, David Hydock has elected to be placed on his wife’s medical policy and the need for the Town of Yates to carry medical for Dave is not needed, be it

RESOLVED the Town will compensate David Hydock $1,000.00 for medical, be it further

RESOLVED, David Hydock as deputy Highway Superintendent will receive $1,650 for time worked as deputy Superintendent, be it further

RESOLVED, duties of Deputy Highway Superintendent will be assigned and will include road checks and manpower call-ins when needed. Deputy Highway Superintendent will receive extra compensation if roadwork or plowing needs to be done. Deputy Superintendent assume all the duties of the Highway Superintendent during Superintendent’s absence, be it

FURTHER RESOLVED, David Hydock’s compensation will be paid quarterly in his paycheck , starting January 2009,April 2009, July 2009and October 2009

Offered by Councilman Harmer who moved its adoption.

Seconded by Councilman Rutledge

Adopted.4 ayes; 0 nays;1 absent

RESOLUTION NO.22-1/09

RESOLUTION TO SET CODE ENFORCEMENT TIME AND PAY

RESOLVED, the Code Enforcement Officer shall be paid $19.00 per hour and shall work Mondays from 8:00 A.M. until 4:00 P.M., he shall be allowed 3 days for use for( Holiday, Personnel, or sick pay) any other time shall be made up.

Offered by Councilman Belson , who moved its adoption

Seconded by Councilman Harmer

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO. 23-1/09

RESOLUTION TO ACCEPT FINAL REPORT ON WATER 2 AND WATER 4

WHEREAS, the final reports on water 2 and water 4 have been presented to the Town Board,

BE IT RESOLVED, the Town Board accepts the final report as presented.be it

FURTHER RESOLVED,A signed copy shall be placed with these minutes

Offered by Councilman Belson , who moved its adoption

Seconded by Councilman Rutledge .

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO. 24-1/09

RESOLUTION TO ACCEPT FINAL REPORT FOR THE COURT CLERK

WHEREAS, the Court Clerk for Justice Grabowski and Justice Neal has presented the final report for each justice for the year ending December 31,2008, and

WHEREAS, the Town Board has reviewed these records

BE IT RESOLVED, the Town Board accepts the final report for Justice Grabowski and Justice Neal as presented.

Offered by Coucnilman Rutledge who moved its adoption

Seconded by Councilman Harmer

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO. 25-1/09

RESOLUTION TO ACCEPT FINAL YEAREND REPORT FROM TOWN CLERK

WHEREAS, the final report from the Town Clerk has been presented to the Town Board,

BE IT RESOLVED, the Town Board accepts the final report as presented, .be it

FURTHER RESOLVED,A signed copy shall be placed with these minutes

Offered by Councilman Belson , who moved its adoption

Seconded by Councilman Harmer .

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

REPORT OF TOWN OFFICERS

The Town Board received and e-mail from Mr. Arnold about the drainage problem he is having on Petrie Lane with another resident the Town Board discussed the drainage problem on Petrie Lane and decided that the Town Attorney will contact Mr. Arnold .

The assessor has received notice from a resident that he was charged a $180.00 for water and his property is land-locked

RESOLUTION 26-1/09

RESOLUTION TO FORGIVE WATER CHARGE

WHEREAS, a water charge of $180.00 was placed on property owned by Andrew Bentley and it has been found that the property is land locked, be it

RESOLVED, that the $180.00 charge will be forgiven.

Offered by Councilman Belson , who moved its adoption

Seconded by Councilman Harmer .

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

RESOLUTION NO.27-1/09

RESOLUTION TO PAY VOUCHERS

WHEREAS, all vouchers have been reviewed and approved by the Town Board

BE IT RESOLVED to pay vouchers as follows:

A- Account-11,297.67

B- Account- 750.00

DA Account-13,039.29

DB Account 10,362.00

Water 4 73,203.00

Water 2 10,510.22

Phase 9 20,359.71

TOTAL 137,719 .79

Offered by Coucnilman Rutledge who moved its adoption

Seconded by Councilman Harmer

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

Moved by Councilman Rutledge ,whereas there is no further business to be brought before the Board at this time, the meeting be closed at 7:25 P.M. Seconded by Councilman Harmer

Adopted. 4 ayes; 0 nays;1 absent (Bentley)

Brenda B. Donald

Town Clerk

Town of Yates