TOWN OF YATES

REGULAR BOARD MEETING

MAY 10,2012

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

Wes Bradley-Councilman

Steve Freeman-Councilman

Rick Harmer-Councilman

Bradley Bentley-Councilman

Brenda Donald-Town Clerk

Dan Wolfe- Code & Zoning

Michele Harling- Assessor

OTHERS Andrew Meier-Town Attorney

Lynne Johnson- Legislature

Larry Wolfe-Resident

Paul Lauricella-Resident

Sandra Lauricella- Resident

Kristy Dunn-Student

Deborah Soloman-Resident

Mr. & Mrs. John Zimmerman-Cottage Owners

PRIVILEGE OF THE FLOOR

Paul Lauricella asked about posting conflict of interest notice

Supervisor Belson-this will be checked into.

Paul Lauricella- has the new excavator come in yet and has the old one been sold.

Supervisor Belson- the new one is not here yet and there has been no sale of the old one..

RESOLUTION NO.49-5/12

RESOLUTION TO ACCEPT THE MINUTES OF THE April 12,2012

RESOLVED, to accept the minutes of the April 12,2012 as presented to each Board Member.

Offered by Councilman Freeman who moved its adoption

Seconded by Councilman Bradley

Adopted 3 ayes 0 nays 2 Abstain (Bentley)(Harmer)

RESOLUTION NO.50-5/12

RESOLUTION TO AMEND COLLECTIVE BARGAINING AGREEMENT

WHEREAS, The Service Employees Internation Union and the Town of Yates have agreed to an amendment to its Union Contract

BE IT RESOLVED, the Contract shall be amended as follows:

Amendment to Collective Bargaining Agreement

By and Between

Town of Yates

And

Service Employees International Union

Local 200United

January 1, 2011 – December 31, 2014

This agreement is between the Town of Yates, a municipal corporation, hereinafter referred to as the “Town” and SEIU Local 200United, an employees union, hereinafter referred to as the “Union.”

WHEREAS, the Town and the Union entered into a collective bargaining agreement on or about January 1, 2011, hereinafter referred to as the “CBA,” which provides for the terms of employment of members of the Union and runs from January 1, 2011 to December 31, 2014: and

WHEREAS, the Town and the Union wish to modify the CBA and formalize said modifications to writing.

NOW, THEREFORE, in consideration of the mutual premises and covenants herein provided the Town and the Union agree as follows:

1. Appendix “A” of the CBA shall be replaced in its entirety by the Following:

APPENDIX “A”

FULL-TIME BARGAINING UNIT EMPLOYEES

All full-time bargaining unit employees shall receive a three percent (3%) increase in their current hourly rate effective January 1, 2011 and shall receive a three percent (3%) increase in their hourly rate in each successive year of this Agreement, as follows:

Classification Effective Effective Effective Effective

1/1/11 1/1/12 1/1/13 1/1/14

Persons hired prior to 1/1/11

Highway MEO & Mechanic $20.39 $21.00 $21.63 $22.28

Cemetery MEO $20.39 $21.00 $21.63 $22.28

The base wage for persons hired after 1/1/11 shall be as follows:

Persons hired after 1/1/11

Highway MEO & Mechanic BASE $16.00 $16.00 $16.00 $16.00

Cemetery MEO BASE $16.00 $16.00 $16.00 $16.00

Persons hired after 1/1/11 shall be entitled to a three percent (3%) raise each year on the anniversary date of employment, which shall be added to their base wage.

In the event that a current part-time MEO is hired full-time, that employee will start at a rate of pay equal to his or her current rate of pay.

An increase in base pay of any employee may be considered from time to time by the Town in its sole and absolute discretion. Any such increase shall be added to base pay for purposes of calculating three percent (3%) as provided herein.

2. Appendix “B” of the CBA shall be replaced in its entirety by the following:

APPENDIX “B”

PART-TIME BARGAINING UNIT EMPLOYEES

A part-time bargaining unit employee is defined as an employee who works on an as needed basis, NOT to exceed one hundred twenty (120) calendar days in a year. Part-time employees are NOT eligible for benefits.

The base wage of all part-time bargaining unit employees shall be as follows:

Classification Effective Effective Effective Effective

1/1/11 1/1/12 1/1/13 1/1/14

Part-time MEO & Mechanic $16.00 $16.00 $16.00 $16.00

Part-time bargaining unit employees shall be entitled to a three percent (3%) raise each year on their anniversary date of employment, which shall be added to their base wage.

3. Changes to any existing employee’s rate of pay made pursuant to this agreement shall become effective in the first full payroll period following the complete execution of this agreement by the Town and the Union. No employee shall be entitled to retroactive modification of their rate of pay under this agreement.

4. All other terms and conditions of the CBA shall remain the same.

For the Union: For the Town:

_______________________________ ______________________________

Signature Signature

_______________________________ ______________________________

Name (printed) Name (printed)

_______________________________ ______________________________

Date Date

Offered by Councilman Bentley who moved its adoption.

Seconded by Councilman Harmer.

Adopted. 5 ayes; 0 nays

The Town is still following procedures for establishing a single Town Court for the Towns of Shelby,Ridgeway and Yates .A public hearing will be held on June 12, 2012 at 6:30 in the Town of Shelby for all 3 towns. On the following Resolution.

RESOLUTION NO.52-5/2012

RESOLUTION TO INITIATE PROCEDURE TO ESTABLISH SINGLE TOWN COURT FOR THE TOWNS OF SHELBY, RIDGEWAY, AND YATES

WHEREAS,Section 106-a of the Uniform Justice Court Act of the State of New York authorizes the town boards of two or more towns that form a contiguous geographic area within the same county to establish a single town court to be comprised of town justices one to be elected from each of such contiguous towns, and

WHEREAS, the procedure to establish such single court may be initiated by the town board or may be initiated by petition, and

WHEREAS, pursuant to subdivision 4 of section 106-a of the Uniform Justice Court Act, the town board may adopt a resolution calling for the reduction of the number of justices in the town and in one or more towns that form a contiguous geographic area, and

WHEREAS, subsequent to the filing of such resolution a joint hearing will be held in order to hear testimony and receive evidence and information which may be presented concerning the resolution to establish a single town court, and

WHEREAS, the Town Boards of the Towns of Shelby, Ridgeway and Yates have prior to the adoption of this resolution passed resolutions to reduce the number of justices in each town to one, and such resolutions have become effective, and

WHEREAS, The Town Board of the Town of Yates wishes to initiate the procedure to establish single town court for the Towns of Shelby, Ridgeway and Yates to hold a hearing thereon, pursuant to statute.

NOW THEREFORE BE IT

RESOLVED, that the Town Boards of the Towns of Shelby, Ridgeway and Yates initiate the procedure to provide for the extension of the geographic jurisdiction of their respective town justices to include the area of such towns and also to provide for an orderly transition subject to the approval of the electors of each town as authorized by law.

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Freeman.

Adopted 5 ayes;0 nays

There will be a public hearing on this matter on June 12, 2012 at 6:30 P.M. in the Town of Shelby

Report of Town Officers

Michelle Harling- Assessor Tentative Roll is complete can be seen online through the Town of Yates website Grievance day May24,2012 4 thru 8 P.M.

Dan Wolfe-Code & Zoning- working on building permits- 2011 most are closed out. Being Pro-active on camping units, have sent letters and people are coming in for permits.

Councilman Wes Bradley- The County is not looking into and e-waste center. I am looking into having an e-waste drop off when we have our tire drop-off.

Supervisor Belson- Our Historian might be leaving. If anyone is interested in the Historian position please contact us.

Lynne Johnson-Legislature- May 23,2012 is mandate relief day

RESOLUTION NO.53-5/12

RESOLUTION TO PAY BILLS

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

RESOLVED to pay bills as follows:

A-Account-General 23,964.93

B-Account-General 805.88

DA-Account 5,374.81

DB-Account 26,642.78

Water 4 Account 1,674.29

TOTAL 58,462.69

Offered by Councilman Harmer who moved its adoption

Seconded by Councilman Bentley

Adopted.5 ayes 0 nays;

Adjournment

Moved by Councilman Harmer, Whereas there is no new business to be brought before the Board that the meeting be adjourned at 7:15P.M.

Seconded by Councilman Bradley

Vote 5 ayes; 0 nays

Brenda B. Donald

Town Clerk

Town of Yates