TOWN OF
ORGANIZATIONAL
The Meetings was called to Order by the Supervisor at
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,
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
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.
RESOLUTION TO NAME OFFICIAL
DEPOSITORY
RESOLVED, to name M & T Bank and the
Bank of Castile as the official depository for the Town of
Offered by Councilman
Rutledge, who moved its adoption.
Seconded by Councilman Harmer
Adopted. 4 ayes; 0 nays;1
absent (Bentley) 1
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 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 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
Water District 4
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 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 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 TO ADOPT OFFICE HOURS
RESOLVED, to set the following
office hours
Monday Tuesday Thursday and Friday –
Wednesdays
Assessor—Thursdays
and Fridays
Mondays
Offered by Councilman Bradley,
who moved its adoption
Seconded by Councilman Rutledge.
Adopted. 4 ayes; 0 nays; 1 absent (Bentley)
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 TO NAME TIMEKEEPER
FOR
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 TO SET PETTY
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 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 TO SET MEETING DATES
RESOLVED, to set the following
dates and times for meetings
Town Board Workshop Meetings—Monday before regular Board
Meeting
Town Board Meeting—Second Thursday of each
month
Planning Board—First Thursday of each
Month
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 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 TO SET
RESOLVED, to set the following:
Bi-Weekly—Monday thru Sunday
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
Offered by Councilman Bradley,
who moved its adoption
Seconded by Councilman Rutledge.
Adopted.
4 ayes; 0 nays; 1 absent
(Bentley)
RESOLUTION TO SET SALARIES,
WAGES
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
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 TO ALLOW SUPERINTENDENT OF HIGHWAYS TO USE TOWN
EQUIPMENT
RESOLVED, that the Town Board of the Town of Yates hereby
renews an Emergency response procedure (of
Offered by Councilman Rutledge,
who moved its adoption
Seconded by Councilman Harmer.
Adopted.
4 ayes; 0 nays; 1 absent (Bentley)
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 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
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
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,
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
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
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
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
BE IT FURTHER RESOLVED A SIGNED
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
WHEREAS, David Hydock has elected to be placed on his
wife’s medical policy and the need for the Town of
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
RESOLVED, the Code Enforcement Officer shall be paid $20.00
per hour and shall work Mondays from
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
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
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
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
RESOLVED the Supervisor is directed to sign the agreement with the Orleans County Planning Board, as follows:
AGREEMENT EXEMPTING
CERTAIN
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
III. Procedures
Upon the Town of
IV.
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
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
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
Any amendment to the agreement becomes effective immediately
upon passage of a majority resolution of both the County Planning Board and the
Town of
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
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 $
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
Seconded by Councilman Bradley
Adopted 4 ayes; 0 nays 1 absent (Bentley)
Town of
Brenda B. Donald
Town Clerk