TOWN OF
The Special meeting was called to order by the
Supervisor at
THOSE OFFICERS PRESENT: Russell Martino- Supervisor
Jerry Rutledge- Councilman
John Belson- Councilman
Bradley Bentley,Councilman
Rick Harmer,Councilman
Brenda Donald,Town Clerk
Michele Harling,Assessor
David Schubel-Town Attorney
Phillip Zimmerman-Property Owner
Paul Lauracelli_Property owner
Max Malachowski-Property Owner
Privilege of the Floor:
Paul Lauracella- I was at a Planning Board meeting and it was brought up about regulations on wood burners and hunting cabins. I just seems all are freedoms are being stepped on . Does the State pass down a lot of these regulations
Supervisor Martino- The State does pass down quite a few regulations this Town tries to be as work with the residents.
Max Malachowski-I hauled water for 2 years because I allowed the Town to test my water and it was found to be contaminated. The water line came thru and I was told by the people putting in the line they would charge me $600.00 to hook up to my personal property so I did. The people putting I the main waterline did not do a good job of seeding and they brought clay to fill in not topsoil. They took out my bushes and did not replant them. They also did not replace my culverts the way they should have. A woman from Fairport went off the road and hit one of the culverts. I gave you pictures of the problems
Supervisor Martino- Stated that videos were taken before the water line was put in and after the restoration. Our engineer has been contacted and will review these videos. Would you make a list of what you are actually asking for, and bring it into the Town Clerk’s office.
Max- Yes I will bring it in tomorrow.
RESOLUTION NO.116-12/08
RESOLUTION TO ACCEPT MINUTES
RESOLVED, to accept the minutes of the
Offered by Councilman Belson, who moved its adoption
Seconded by Councilman Rutledge
Adopted. 5 ayes; 0 nays
The state requires that a second notice be sent to all property owners that have not paid the property taxes by April 1st. There was a fee of $1.00 added to the unpaid parcel to cover this mailing. With the increase in postage it is recommended that the fee be raised to A $2.00
RESOLUTION NO.117-12/08
RESOLUTION TO INCREASE UNPAID TAX FEE
WHEREAS, the State requires that a second notice be sent for all taxes not paid by April 1st and
WHEREAS, there has always been a $1.00 fee added to each unpaid parcel, and
WHEREAS, postage and copy paper have increased, be it
RESOLVED, that the fee charged for second notice of unpaid taxes be raised to $2,00
Offered by Councilman Rutledge, who moved its adoption.
Seconded by Councilman Bentley
Adopted. 5 ayes; 0 nays
RESOLUTION NO. 118-12/08
RESOLUTION TO EXTEND INDEXED LUMP SUM CONTRACT
WHEREAS, An Indexed Lump Sum Contract Extension has been receive, and
WHEREAS, the Highway Superintendent Town Board have reviewed this contract .
BE IT RESOLVED, that the Town Board of the Town of
Offered by Councilman Bentley, who moved its adoption
Seconded by Councilman Harmer
Adopted. 5 ayes; 0 nays
AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW
This Agreement made _11_day of December, 2008 by and between THE PEOPLE OF
THE STATE OF NEW
WHEREAS, the COMMISSIONER and the
MUNICIPALITY have entered into an Agreement NO. D009747 entitled
“Indexed Lump Sum Snow and Ice Agreement between the New York State Department
of Transportation and the Municipality of Town of Yates” dated
WHEREAS, the term of the said agreement is for a period of three years commencing July 1,1994 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year; and
WHEREAS, the present term of the Agreement as extended
expires
WHEREAS, Section 7 of the said Agreement provides that the COMMISSIONER shall furnish the MUNICIPALITY with a suitable map for each term of the Agreement, or for any extended term thereof, modified to show the changes, if any to the State Highways affected by this Agreement.
WHEREAS, Section 9 of the said Agreement provides for an annual update of the estimated expenditure to be determined by the COMMISSIONER subject to the provisions of Section 9 at the time for extension of the Agreement;
WHEREAS, Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based on the intensity and severity of the winter season;
NOW THEREFORE, in consideration of the mutual covenants and benefits between the parties,
WITNESSETH:
1- The
aforementioned “indexed Lump Sum Snow and Ice Agreement Between New York State
Department of Transportation and the MUNICIPALITY” is hereby extended for a period of one year; now
to expire on
2- The State Highways or
parts thereof affected by this Agreement are as delineated on the attached map,
agreed upon by the COMMISIONER and the MUNICIPALITY,
which shall be effective for the remainder of the term of the Agreement
commencing
3- All the terms and conditions of the original contract remain in effect except as follows. The indexed lump sum estimated expenditure as specified in Section 9 of the aforementioned Agreement shall be $4,490.51567 per lane mile for 21.72 lane miles for a total of $97,534.00 for the 2007/2008 season and for the remainder of the term of the Agreement commencing July 1,2007 unless changed by future update.
IN WITNESS WHEROF, This Agreement has been executed by the State, acting by and through the duly authorized representative of the COMMISSIONER, and the MUNCIPALITY, which has caused this Agreement to be executed by its duly authorized officer on the date and year first above written.
RESOLUTION NO. 119-12/08
RESOLUTION TO SET YEAREND MEETING
WHEREAS, all Town business needs to be completed and banking needs to be done by the end of the year, be it
RESOLVED, that the yearend meeting for the Town of
Offered by Councilman Harmer who moved its adoption.
Seconded by Councilman Belson
Adopted. 5 ayes; 0 nays
An estimate has been received on doing pushes and connecting
RESOLUTION NO. 120-12/08
RESOLUTION TO SEND LETTER TO
WHEREAS, an estimated has been received for the cost of
hooking up
WHEREAS, a letter has been complied explaining these charges and the cost of meters and yearly charges, be it
RESOLVED, that the Town Clerk will send such letter to the residents along Yates Carlton Townline Road between Route 18 and Platten Road.
Offered by Councilman Rutledge, who moved its adoption.
Seconded by Councilman Belson.
RESOLUTION NO.121-12/08
RESOLUTION TO APPROVE PAYMENT TO PILON CONSTRUCTION
WHEREAS, Chatfield engineers has sent a billing for payment number 3 for Phase 9
And this did not reach the office before the abstract was posted be it
RESOLVED, that payment number 3 for Phase 9 be approved in the amount of $18,366.53 and be added to the December 11 abstract.
Offered by Councilman Rutledge, who moved its adoption
Seconded by Councilman Belson
Adopted. 5 ayes; 0 nays
The
The Highway Superintende would like to purchase a new 0-turn mini escavator
RESOLUTION NO. 122-12/08
RESOLUTION TO ADVERTISE FOR
WHEREAS, mini excavator is needed in the Highway Department.
BE IT RESOLVED, that a legal notice will be placed in the Journal Register for seal bids on the 0-turn mini excavator be it further
RESOLVED, bids will be accepted until
Offered by Councilman Rutledge, who moved its adoption
Seconded by Councilman Bentley.
Adopted. 5 ayes; 0 nays
REPORT OF OFFICERS:
Assessor-I have my
schooling up to date until September of 2009 If you
would like copies the Town of
Supervisor Martino- Please have the
Town of
RESOLUTION NO.123-12/08
RESOLUTION TO PAY BILLS
WHEREAS, all vouchers have been audited by the Town Board be it
RESOLVED, to pay bills as follows:
A-Account 23,085.62
B-Account-- 2,394.20
DA- Account- 17,095.61
DB- Account- 1,189.80
Water 4 15,759.58
Water 2
Phase 8 3,756.00
Phase 9 3,832.00
TOTAL 67,112.81
Offered by Councilman Bentley, who moved its adoption
Seconded by Councilman Harmer
Adopted 5 ayes; 0 nays.
Paul Lauracella stated he felt
that one of the nicest things the Town ever did was put in the
Motion by Councilman Belson, whereas there is no further business to be brought before the Board at this time the meeting be adjourned at 7:30.P.M. Seconded by Councilman Harmer
Vote: 5 ayes;0 nays
Brenda B. Donald,
Town Clerk
Town of