TOWN OF YATES

ORGANIZATIONAL AND REGULAR BOARD MEETING

 

JANUARY 14,2010

 

 

The Meetings 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: John Belson- Supervisor

                                                     Jerry Rutledge-Councilman

                                                     Rick Harmer-Councilman

                                                     Wesley Bradley-Councilman (after appointment)

                                                     

                                                     Brenda Donald- Town Clerk

                                                     David Schubel- Attorney

                                                     Michele Harling-Assessor

                                                     Dan Wolfe-Code & Zoning

    

OTHERS                                      Wesley Bradley, Resident

     Steve Freeman-Planning & Zoning

     Mr. & Mrs Knipe-Lake Property Owners

     Christine Zimmerman-Lake Property Owner

     John Zimmerman-Lake Property Owner

     Joanne Zimmerman-Lake Property Owner

     Linda Fisk-Lake Property Owner

     Tom Robinson-Lake Property Owner

     Lynne Johnson –Legislature

     Paul Lauricella-Resident

 

 

Announcement- Public Hearing canceled

 

 

RESOLUTION NO.01-/1/10

 

RESOLUTION TO APPOINT WESLEY BRADLEY, AS COUNCILMAN FOR 1 YEAR

 

WHEREAS a vacancy has been left in the Town Board position of Councilman, be it

 

RESOLVED, that this Town Board appoints Wesley Bradley, Eagle Street Lyndonville NY to fill this vacancy for 1 year.

 

Offered by Councilman Harmer, who moved its adoption.

Seconded by Councilman Rutledge.

 

Adopted. 3 Ayes; 0 nays; 1 absent (Bentley)

 

 

 

RESOLUTION NO.2 -1/10

 

RESOLUTION TO ACCEPT THE MINUTES OF  DECEMBER 10th  REGULAR MEETING AND  DECEMBER 28th YEAREND   MEETING FOR THE YEAR 2009

 

RESOLVED, to accept the minutes of the December 10th regular meeting and the December 28th   yearend meeting held   for the year 2009 as presented to each Board Member.

 

Offered by Councilman, Rutledge,who moved its adoption.

Seconded by Councilman  Harmer 

  

 Adopted.  3   Ayes; 0 nays; 1 absent (Bentley)  1 abstain (Bradley)

 

RESOLUTION NO. 3-1/10

 

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 Rutledge, who moved its adoption.

Seconded by Councilman  Harmer

 

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

 

RESOLUTION NO.-4-1/10

 

RESOLUTION TO NAME OFFICIAL NEWSPAPER

 

RESOLVED, to name the Medina Journal as official newspaper.

 

Offered by Councilman Rutledge, who moved its adoption

Seconded by Councilman Bradley.

 

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

 

 

RESOLUTION NO.5-1/10

 

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- Dawn Metty

Zoning Board of Appeals Chairman                Sue Forder

Zoning Boards Member 5years------------------Donna Bane

Zoning Board Member 5 years                          Steve Freeman

Zoning Board of Appeals Alternate                     Gary Daum

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

Planning Board Member 1 years----------------Ed Urbanik

Planning Board Member 5 year-----------------Richard Kurz

Planning Board Clerk-----------------------------Deputy Clerk-Dawn Metty 

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

County Planning Board Representative---------Gary Daum

Alternate County Planning Representative-----Steven Freeman

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

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

Youth Agency Representative-------------------Wes Bradley 

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

Deputy Registrar-----------------------------------Deputy Clerk-Dawn Metty

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

 

 

Offered by Councilman Rutledge, who moved its adoption

Seconded by Councilman Harmer 

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

 

RESOLUTION NO.6 -1/10

 

RESOLUTION TO ACCEPT APPOINTMENTS BY DEPARTMENT HEADS

 

RESOLVED, to accept the following Department Head Appointments:

 

SUPERVISOR

Deputy Supervisor---Bradley Bentley

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

 

TOWN CLERK

Deputy Clerk- Dawn Metty

 

HIGHWAY SUPERINTENDENT

Deputy Superintendent—David Hydock

 

JUSTICE

Court Clerk—Susanne Sanderson

Court Baliff---Eric Harling

 

Offered by Councilman Harmer, who moved its adoption.

Seconded by Councilman Bradley.    

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

 

RESOLUTION NO. 7-1/10

 

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 Rutledge, who moved its adoption

Seconded by Councilman Harmer.   

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

 

 

RESOLUTION NO. 08-1/10

 

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 Bradley, who moved its adoption

Seconded by Councilman Rutledge.    

 

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

 

 

 

RESOLUTION NO.  09-1/10

 

 

RESOLUTION TO ACCEPT COMMITTEE APPOINTMENTS BY SUPERVISOR

 

RESOLVED to accept the following committee appointments by the Supervisor

 

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

      Councilman Bradley

     

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

                                                                        Councilman Bentley

 

     C-Planning & Zoning—Chairman—Councilman Harmer

                                                                Councilman Rutledge

 

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

                                                                    Councilman Bradley

 

Offered by Councilman Rutledge, who moved its adoption.

Seconded by Councilman Bradley.

 

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

 

 

 

RESOLUTION NO. 10-01\10

 

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 Rutledge, who moved its adoption

Seconded by Councilman Harmer.   

 

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

 

 

RESOLUTION NO. 11-1\10

 

 

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 Bradley.  

 

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

 

 

 

RESOLUTION NO.12-1\10

 

 

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 Harmer, who moved its adoption

Seconded by Councilman Rutledge.      

 

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

 

 

RESOLUTION NO.13-1\10

 

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 Rutledge, who moved its adoption

Seconded by Councilman Harmer.   

 

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

 

 

 

RESOLUTION NO. 14-1/10

 

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 Bradley, who moved its adoption.

Seconded by Councilman Rutledge.     

 

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

 

 

RESOLUTION NO.15-1\10

 

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 payday falls on a Holiday the payday shall be on the preceding workday.

 

Offered by Councilman Bradley, who moved its adoption

Seconded by Councilman Rutledge.    

 

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

 

RESOLUTION NO.16-1\10

 

 

RESOLUTION TO SET SALARIES, WAGES AND COMPENSATION

 

MONTHLY

 

                                        Per year                              

Legislative Board (4)                3,359.75                                 

Justice (2)                                 7,496.00                                 

Supervisor                                8,000.00                                 

Supervisor Bookkeeper         14,083.00                                  

Water Bookkeeper                   3,100.00                                 

Budget Officer              1,500.00                                   

 

             

 

BI-WEEKLY

Town Clerk                             $35,163.00                               

Vital Registrar                           $     607.00                                

Highway Superintendent           $55,000.00                                

Cemetery Superintendent          $  4,800.00                                

Water Superintendent               $12,000.00                             

                               

                               

HOURLY

Court Clerk-------                                           $12.18

Deputy Clerk------                                           $10.04

Code & Zoning                                                $20.00

 

Highway MEO—                                             $19.80

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 Rutledge, who moved its adoption

Seconded by Councilman Harmer.   

 

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

 

 

 

RESOLUTION NO.17-1/10

 

 

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 Rutledge, who moved its adoption

Seconded by Councilman Harmer.     

 

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

 

RESOLUTION NO.18-1\10

 

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 Harmer, who moved its adoption

Seconded by Councilman Rutledge.    

 

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

 

RESOLUTION NO.19-1\10

 

 

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 $   155,000.00    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.  

 

 

Executed this 14th day of January 2010

 

 

__________________________________    ____________________________________

Supervisor, John Belson                                                Councilman, Wes Bradley

 

 

__________________________________      ___________________________________ 

Councilman, Ricky Harmer                                           Councilman, Jerry Rutledge

 

 

__________________________________   ____________________________________

Councilman, Bradley Bentley                        Highway Superintendent, Roger W. Wolfe

 

 

Offered by Councilman  Bradley , who moved its adoption.

Seconded by Councilman Rutledge.   

  

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

 

RESOLUTION NO.20-1/10

 

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, Personnel shall notify the Board of upcoming conferences or training.

 

Offered by Councilman Bradley, who moved its adoption.

Seconded by Councilman Rutledge.    

 

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

 

 

 

 

 

RESOLUTION NO. 21-1/10

 

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 1st of January 2010, between the Town of Yates a municipal corporation of the State of New York, hereinafter referred to as “Town” and WEBSTER & SHUBEL AND MEIRS, 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 $100.00 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.

 

7.)    The term of this Agreement shall be for a period of one (1) year from January 1, 2010 to December 31,2010 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 Rutledge, who moved its adoption

Seconded by Councilman Harmer

 

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

 

 

RESOLUTION NO.22-1/10

 

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 $1,699.50 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 2010,April   2010, July  2010 and October   2010

 

Offered by Councilman Rutledge, who moved its adoption.

Seconded by Councilman Bradley. 

 

Adopted.4 ayes; 0 nays; 1 absent

 

 

RESOLUTION NO.23-1/10

 

RESOLUTION TO SET CODE ENFORCEMENT TIME AND PAY

 

RESOLVED, the Code Enforcement Officer shall be paid $20.00 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 Bradley, who moved its adoption

Seconded by Councilman Rutledge. 

 

 

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

 

 

 

RESOLUTION NO. 24-1/10

 

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 Rutledge, who moved its adoption

Seconded by Councilman Harmer.

 

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

 

 

RESOLUTION NO. 25-1/10

 

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 31,2009, 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 Councilman Rutledge, who moved its adoption

Seconded by Councilman Harmer.

 

Adopted.  3 ayes; 0 nays; 1 absent (Bentley) 1 abstain (Bradley)         

 

RESOLUTION NO. 26-1/10

 

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 Rutledge, who moved its adoption?

Seconded by Councilman Harmer.

 

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

 

 

  The Town Bookkeeper has had a letter from NYS Retirement asking for a resolution setting days worked by employees.

 

RESOLUTION NO.27-1/10-

 

RESOLUTION SETTNG DAYS WORKED BY EMPLOYEES FOR NEW YORK STATE RETIREMENT SYSTEM

 

WHEREAS, the bookkeeper has given the Town a printout of the employees that are curre3ntly on NYS Retirement System and how they are paid, be it

 

RESOLVED, the Town of Yates hereby sets the way Retirement days are reported as follows:

 

 

     Name                            Title                            Days per pay period                Frequency

Donald, Brenda---Town Clerk, Reg Vital Stats           10 days                          bi-weekly

Donald, John—Custodian  -Town Hall                        Hourly                           bi-weekly

                          PT-MEO

Heideman,Russell L      MEO                                          Hourly                            bi-weekly

Hydock, David J          MEO                                          Hourly                            bi-weekly

Johnson, Lynne M.     Bookkeeper to Supervisor            0                                      Monthly

                                    Bookkeeper to water            

Montague, Dennis N     MEO                                         Hourly                            bi-weekly

Neal, Kenneth B           Town Justice                               2.5                                  Monthly

Sanderson,Susane      Clerk to Justice                               Hourly                           bi-weekly

Metty,Dawn          Deputy Town Clerk                 Hourly                            bi-weekly

Wolfe, Daniel J.     Code Enforcement Office II             Hourly             bi-weekly

                                 Part-Time

Wolfe, Roger W.   Superintendent Hwy-Cemetery          10                               bi-weekly

 

BE IT FURTHER RESOLVED This Resolution shall be done at the Organizational meeting every year.

 

Offered by Councilman Rutledge, who moved its adoption

Seconded by Councilman Bradley

 

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

 

 

Report of Town Officers:

 

Assessor-Sent out Star and Ag exemption information people are coming in with their information

 

Legislature Lynne Johnson Dave Callard is the new Chairman

 

 RESOLUTION NO.28-1/10

 

RESOLUTION TO ACCEPT REVISED AGREEMENT FROM THE ORLEANS COUNTY PLANNING BOARD EXEMPTING MINOR LAND USE ACTIONS FROM COUNT^Y PLANNING BOARD REVIEW

 

WHEREAS, some revisions have been made to the Town of Yates Agreement with the Orleans County Planning Board, Be it

 

RESOLVED the Supervisor is directed to sign the agreement with the Orleans County Planning Board, as follows:

 

 AGREEMENT EXEMPTING CERTAIN MINOR LAND USE ACTIONS FROM COUNTY PLANNING BOARD REVIEW

 

I. Authority

 

In accordance with New York State General Municipal Law, Article 12-B, Section 239-m.3. (c) Of the Laws of 1991, the Orleans County Planning Board is authorized to voluntarily enter into agreements with towns and villages that certain proposed land use actions are of local, rather than inter-community or County-wide concern, and therefore are not subject to referral to the Orleans County Planning Board as would otherwise be required by Section 239-m.

 

II. Purpose

It is the intent of this agreement to eliminate the need for local referral, and thus County review and recommendation, of actions, which do not have significant inter-community or countywide impacts, defined herein.  By eliminating referral of such minor land use actions, the permitting process is expedited for the applicants, with a corresponding reduction in administration on the part of both the municipality and the County Planning Board.  And as County population and development continue to increase, the agreement will afford greater opportunity for the County Planning Board to focus on more consequential referrals, as well as large scale, long-term planning priorities.  It is furthermore the desire of the County Planning Board that this agreement be entered uniformly among municipalities to maintain a fair and efficient process.  That is, the agreement between the Orleans County Planning Board and Town of Yates shall be identical to that between the County and any other municipality.

 

III. Procedures

 

Upon the Town of Yates’s receipt of a proposal by an applicant, it is the responsibility of the municipal officials(s) who is charged with submitting referrals to the County Planning Board to determine if an application is exempt from referral to the County Planning Board.  This determination shall be based on those actions specifically listed in Section IV (“Minor Land Use Actions Exempt from Referral to the County Planning Board”) of the agreement.  If a proposal does not fall within one of the categories listed in Section IV, it shall be submitted to the County Planning Board in the prescribed manner.  If it does fall within Section IV, there is no need for further involvement of or notice to the County Planning Board.

 

IV. Minor Land Use Actions Exempt from County Planning Board Review

 

1.Projects, which require an area variance, provided it is not

a.       Also subject to special use permit, or

b.      Also subject to site plan approval, with the exception that site plans as provided in paragraph 4 herein shall be categorically exempt from County Planning Board review, or

c.       For a principal structure on a parcel which adjoins a lot in another town or village in Orleans County

2. Projects, which require an area variance, site, plan review and/or special use

     Permit for:            

a.       Sign (s) or fence(s)

      

3. Projects requiring a special use permit or site plan approval on real property

   Within 500 ft of the boundary of a farm operation within an agricultural district

   As defined by Article 25AA of the Agriculture and Market Law, provided that

   Such project would not otherwise qualify for submittal to the County Planning

   Board under Section 239-m of General Municipal Law.

 

4. Projects, which require plan review for the following, regardless of whether and area variance(s) or special permit is also required:

    

a.       The construction of one, two, or three-family residence, or the construction

       Of their accessory structures, or

b.      The partitioning of a parcel into one or more other parcels, or the

Reconfiguration of an existing parcel, or the combination of

Separate parcels into one or more parcels.

 

V. Optional Review

 

Notwithstanding the previous section, nothing shall prevent the municipality from submitting application to the County planning Board for its review and recommendation as would be required under Section 239-m of General Municipal Law if this agreement were not enacted.

 

VI. Effective Date

 

This agreement shall be effective immediately upon its passage by majority resolution of both the County Planning Board and the Town of Yates.

 

VII. Amendment

Any amendment to the agreement becomes effective immediately upon passage of a majority resolution of both the County Planning Board and the Town of Yates.  Upon such action, the amended version succeeds previous editions of the agreement.

 

VIII. Termination

 

This agreement can be terminated at any time without cause by majority resolution of either the County Planning Board or the Town of Yates.  Notice of such termination should be made in writing within ten days of the resolution to the other party, which entered into this agreement.  Upon termination the municipality shall resume responsibility for sending all eligible referrals to the County Planning Board as otherwise established in Section 239-m

 

Offered by Councilman Rutledge, who moved its adoption

Seconded by Councilman Harmer.

 

Adopted 4 ayes; 0 nays 1 absent (Bentley)

 

  Resident Paul Lauricella -questioned this agreement.

 

Supervisor Belson explained that this gives the Town more control over land use.

 

Paul Lauricella, questioned the appointment of Wes Bradley to Councilman, asked why vacancy was not posted.

 

Supervisor Belson stated that a vacancy happened when Russ Martino retired.  John Belson ran for the Supervisor position, which left a vacancy in the Councilman seat.  The County Republican Committee and the local Republican Committee recommended Mr. Bradley.  The appointment is for 1 year.  Any person interested in the position will run for election in November of this year.

 

 

RESOLUTION NO. 29-1/10

 

RESOLUTION TO PAY BILLS

 

WHEREAS, bills have been reviewed by the Town Board, be it

 

RESOLVED to pay bills as follows:

 

A-Account                               $17,967.49

B-Account                               $     369.78

DA-Account                            $27,585.78

DB-Account                             $     134.56

Water 2 Account                      $11,087.05

Water 4 Account                      $33,800.92

Fire Account                            $

Youth Account             $

 

TOTAL                                    $90,945.58

 

 

Motion made by Harmer whereas there is no further business to be brought before the Board at this time the meeting be adjourned at 7:20  P.M.

Seconded by Councilman Bradley

 

Adopted 4 ayes;  0 nays 1 absent (Bentley)

 

 

Town of Yates

 

 

 

Brenda B. Donald

Town Clerk