TOWN OF YATES

ORGANIZATIONAL AND REGULAR BOARD MEETING

 

JANUARY 13,2011

 

 

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

                                                      Rick Harmer-Councilman

                                                      Wes Bradley-Councilman

                                                      Jerry Rutledge-Councilman

                                                      Brenda Donald-Town Clerk

                                                      Roger Wolfe-Superintendent Highway/Water

                                                      Michele Harling-Assessor

                                                      Daniel Wolfe-Code/Zoning Officer

                                                      David Schubel-Town Attorney

    

OTHERS                                      Larry Wolfe-Resident

                                                      William Jurnich-Resident

                                                      Paul & Josette Lauze-Residents

                                                      Paul Lauricella-Resident                                

 

 

 

RESOLUTION NO. 01-1/11

 

RESOLUTION TO ACCEPT THE MINUTES OF THE DECEMBER 27th YEAREND   MEETING FOR THE YEAR 2010

 

RESOLVED, to accept the minutes of the  yearend meeting held December 27,2010   for the year 2010 as presented to each Board Member.

 

Offered by Councilman, Bradley who moved its adoption.  .

Seconded by Rutledge   

  

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

 

RESOLUTION NO. 02-1/11

 

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 Bradley  

 

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

 

RESOLUTION NO.- 03-1/11

 

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  Harmer

 

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

 

 

RESOLUTION NO.04-1/11

 

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 Board of Appeals 5 years                   Scott Goetze

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

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

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

Planning Board Alternate  7 years--------------Ed Michels

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. 05-1/11

 

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 Bradley who moved its adoption

Seconded by Councilman Rutledge      

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

 

RESOLUTION NO.  06-1/11

 

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   Bradley  

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

 

 

RESOLUTION NO.07-1/11  

 

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 Harmer who moved its adoption

Seconded by Councilman  Bradley    

 

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

 

 

 

RESOLUTION NO. 08-1/11  

 

 

RESOLUTION TO ACCEPT COMMITTEE APPOINTMENTS BY SUPERVISOR

 

RESOLVED to accept the following committee appointments by the Supervisor

 

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

      Councilman Harmer

     

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

                                                                        Councilman Bradley

 

     C-Planning & Zoning—Chairman—Councilman Bradley

                                                                Councilman Rutledge

 

     D- Public Works---------Chairman------Councilman Harmer

                                                                    Councilman Rutledge

 

Offered by Councilman Harmer who moved its adoption

Seconded by Councilman  Bradley  

 

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

 

 

 

RESOLUTION NO. 09-1/11

 

 

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 Harmer who moved its adoption

Seconded by Councilman  Rutledge   

 

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

 

 

RESOLUTION NO.  10-1/11

 

 

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. 11-1/11

 

 

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  Rutledge who moved its adoption

Seconded by Councilman  HArmer      

 

 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. 14-1/11

 

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 Harmer who moved its adoption .

Seconded by Councilman  Bradley     

 

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

 

 

RESOLUTION  NO. 15-1/11

 

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  Rutledge who moved its adoption.

Seconded by Councilman  Harmer    

 

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

 

RESOLUTION NO. 16-1/11

 

 

RESOLUTION TO SET SALARIES, WAGES AND COMPENSATION

 

MONTHLY

 

                                        Per year                              

Legislative Board (4)              3,259.75                                 

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                            $36,663.00                               

Vital Registrar                         $     607.00                                

Highway Superintendent        $55,000.00                                

Cemetery Superintendent         $4,950.00                                

Water Superintendent             $12,000.00                             

                               

                               

HOURLY

Court Clerk-------                                            $12.43

Deputy Clerk------                                           $10.04

Code & Zoning                                               $20.00

 

Highway MEO—                                           $20.39

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

Dog Control                                                    $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

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. 17-1/11

 

 

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 Bradley who moved its adoption.

Seconded by  Harmer     

 

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

 

RESOLUTION NO. 18-1/11

 

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- Town Hall

Columbus Day-Highway

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  Bradley  

 

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

 

RESOLUTION NO. 19-1/11

 

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:

 

The sum of $  253,000.00  shall be set aside to be Expended for the primary work and general repair OR Capital improvement upon 36.80 miles of town Highways, including sluices, culverts and bridges having a span of less than five (5) feet and boardwalks or the renewal thereof.

 

Offered by Councilman  Rutledge who moved its adoption.

Seconded by Councilman  Harmer   

  

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

 

RESOLUTION NO.20-1/11

 

RESOLUTION TO ALLOW HIGHWAY SUPERINTENDENT TO MAKES PURCHASES  NOT ONLY FROM STATE BIDS BUT ALSO FROM OTHER COUNTY AND MUNICAPALITIES

 

WHEREAS, from time to time other Municipalities have bid purchases and reached low bids on purchases, Therefore already going through a bid process, be it

 

RESOLVED, that the Highway Superintendent be allowed to make purchases, not only from State Bids but also from  other County and   municipalities.

 

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Rutledge

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

 

RESOLUTION NO.21-1/11

 

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 Rutledge who moved its adoption

Seconded by Councilman Harmer

 

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

 

 

 

 

 

RESOLUTION NO.  22-1/11

 

RESOLUTION TO AUTHORIZE THE SUPERVISER TO SIGN AGREEMENT FOR LEGAL SERVICES WITH WEBSTER   SCHUBEL AND MEIR 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 2011. between the Town of Yates a municipal corporation of the State of New York, hereinafter referred to as “Town” and WEBSTER & SCHUBEL AND MEIR, 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:

 

 Attorneys will perform the following legal services:

1.)     General consultation with all board members and Town officers, as required..

2.)     Attendance at meetings, conference sessions, workshops and public hearings of Town governmental bodies, including the Town Board, Planning Board and Zoning Board of Appeals as required..

3.)    Preparation of resolutions and local laws.

4.)    Preparation and review of contracts and like transactional matters but excluding tax assessment proceedings, administrative agency proceedings, civil litigation and proceedings, in- rem tax foreclosure proceedings, capital projects matters, bond issues and other borrowing and the purchase and/or sale of real property..

5.)    General legal research and correspondence: FOIL responses.

 

 

As compensation for services as enumerated above, the Town will pay Attorneys an annual retainer in the amount of $7,500.00 which shall be paid annually in December upon submission of a voucher therefore by Attorneys, payable upon approval by the Town.  The vouchered payment shall not be considered compensation for the purposes of the New York State Retirement System

 

The Attorneys will perform and provide such legal services as are required by the Town as follows:

1.)    The representation of Town in administrative agency proceedings, civil litigation and proceedings, and in-rem tax foreclosure proceedings.

2.)    Legal services in connection with capital projects, bond issues, and other borrowings and other related matters.

 

As compensation for services set forth in subparagraph 1 and 2, the Town will pay the Attorneys in accordance with the following schedule, rates and fees:

 

a.)    For legal services in subparagraph 1 above at the rate of $110.00 per hour.

b.)    For legal services described in subparagraph 2 at rates and fees to be agreed upon between the parties by separate agreement for each matter.

 

The Attorneys shall voucher the Town for the services rendered, and such fees shall be payable upon approval of such voucher by the Town.  The vouchered payment shall not be considered compensation for the purposes of the New York State Retirement System.

 

The term of this Agreement shall be for the period of one (1) year from January 1,2011, to December 31,2011.  This agreement may be terminated by either party upon ten (10) day written notice by certified mail return receipt requested or personal delivery.

 

Offered by Councilman Bradley who moved its adoption.

Seconded by Councilman Rutledge

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

 

RESOLUTION NO.  23-1/11

 

RESOLUTION  ACCEPTING UNION CONTRACT

 

 

WHEREAS, The union contract between the Town of Yates and  Service Employees International Union Local 200 United has been approved by both the employees and the Town of Yates,

 

BE IT RESOLVED that this is the contract that shall be in affect from January 1,2011 until December 31,2014.

 

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman  Harmer

 

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

 

 

RESOLUTION NO. 24-1/11

 

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 2011,April   2011, July  2011 and October   2011

 

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 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 Harmer who moved its adoption

Seconded by Councilman Rutledge . 

 

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

 

 

 

RESOLUTION NO.  25-1/11

 

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. 26-1/11

 

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 31,2010, 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 Bradley

 

Adopted. 4 ayes 0 nays 1 absent (Bentley )         

 

 

RESOLUTION NO.  27-1-11

 

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. 28-1/11

 

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 currently 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 11 days                                   Monthly

                                    Bookkeeper to water               

Montague, Dennis N   MEO                                         Hourly                           bi-weekly

Neal, Kenneth B           Town Justice                            2.5                                  Monthly

Sanderson,Susanne      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)

 

 

RESOLUTION NO. 29-1/11

 

AUTHORIZE SUPERVISOR TO EXECUTE AND SUBMIT APPLICATION TO US DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT FOR PHASE 10

 

RESOLVED, that the Supervisor of the Town of Yates, Orleans County, New York, is hereby authorized as the official representative of the Town to execute and submit an application to the U.S. Department of Agriculture, Rural Development for grant and loan assistance for the construction of improvements to serve the Phase 10 Service Area of the Town of Yates Water District No. 4, which includes portions of Ward. Goodwin, and Woodworth Roads.  The Supervisor is hereby authorized and directed to act in connection with the submission of the application and to provide such additional information as may be required.

 

Offered by Councilman  Rutledge who moved its adoption

Seconded by  Councilman Bradley

 

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

 

 

 

RESOLUTION NO.30-1/11

 

RESOLUTION SEQR RESOLUTION - NEGATIVE DECLARATION

 

TOWN OF YATES WATER DISTRICT NO. 4, PHASE 10

 

 WHEREAS,

 

1)      In accordance with the New York State Environmental Quality Review regulations (SEQR), the Town Board of the Town of Yates announced its intent to serve as Lead Agency on December 9, 2010, to conduct an environmental review of the extension of public water facilities along portions of Ward Road, Goodwin Road and Woodworth Road to serve the Town of Yates Water District No. 4, Phase 10.  The project will improve the quality and quantity of water available to area residents.

. 

2)      The Town Board has determined that, as a portion of the project is within Orleans County Agricultural District No. 1, the proposed action is a Type I action as defined under SEQR.

 

3)      The Town Board, in its capacity of Lead Agency, has caused to be prepared an environmental assessment of the significance of and potential environmental impact of the action described above. 

 

4)      On December 14, 2010, the Town Board notified the Involved Agencies of its intention to act as Lead Agency for this project and circulated the full Environmental Assessment Form.

 

5)      Comments on the EAF from Involved and Interested Agencies have been addressed (see Negative Declaration).  The Town will obtain all necessary permits and approvals from Involved Agencies and will comply with agency requirements. 

 

6)      The Town Board has considered the Environmental Record prepared for this action, including any comments received from the Involved Agencies, and the proposed Negative Declaration.

 

NOW THEREFORE BE IT RESOLVED,

The Town Board declares that it will serve as Lead Agency for the extension of public water supply facilities to Water District No. 4, Phase 10; and,

 

The Town Board declares that, based on the Environmental Record which has been prepared, the project will result in no major impacts and, therefore, will not cause significant damage to the environment.  A Negative Declaration under SEQR is therefore issued for this project.

 

Offerd by Councilman Rutledge who moved its adoption

Seconded by Councilman Harmer

 

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

Report of Town Officers

 

Dan Wolfe- Code and  Zoning Officer stated that 3 new homes went up in the Town of Yates  and 15 pole barns or add ons.

 

Assessor Michele Harling- Working on exemption renewals

 

Councilman Bradley-Will be meeting with Nation Grid Reprensative tomorrow to go over street lighting and talk about an energy audit

 

Supervisor Belson- Phase 10 water is progressing and the USDA is suppose to release  40 million dollars and the Town of Yates  has a good chance of receiving  grant.

 

Paul Lauricella asked what was the amount that the lawyer would get for a water project?

 

David Schubel explained that there are caps and the amount paid is a contract through the Town and the lawyer.   Could be between 1.5 and 3 % of construction cost.

 

 

 

Paul Lauze- Questioned overtime-Why are we paying overtime, can’t you hire someone part-time to go out after hours. 

 

Supervisor Belson overtime is not being abused in the Town of Yates

 

 

RESOLUTION NO. 31-1/11

 

RESOLUTION TO PAY BILLS

 

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

 

RESOLVED to pay bills as follows:

 

A-Account                              $20,684.33

B-Account                              $  1,358.78

DA-Account                           $25,163.63

DB-Account                             13,634.56

Water 2 Account                     $  9,770.39

Water 4 Account                     35,383.16

Fire Account                           $

Youth Account                       $

 

TOTAL                                   $105,994.88

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Harmer

 

Adopted. 4 ayes 0 nays 1 absent (Bentley)

 

 

 

Motion made by Councilman Harmer whereas there is no further business to be brought before the Board at this time the meeting be adjourned at 7:25  P.M.

Seconded by Councilman Bradley

 

Adopted 4 ayes;  0 nays 1 absent (Bentley)

 

 

Town of Yates

 

 

 

Brenda B. Donald

 

Town Clerk