RESOLUTION NO.  21-1/15

 

RESOLUTION TO AUTHORIZE THE SUPERVISER TO SIGN AGREEMENT FOR LEGAL SERVICES WITH WEBSTER   SCHUBEL AND MEIER 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 2015. between the Town of Yates a municipal corporation of the State of New York, hereinafter referred to as “Town” and WEBSTER & SCHUBEL AND MEIER, LLP, Attorneys at Law of 113 West Center 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 1,2015, to December 31,2015.  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  Freeman  who moved its adoption

Seconded by Councilman   Bradley

 

Adopted.  3;ayes 0 nays: 2 Absent  Bentley& Whipple

 

 

RESOLUTION NO. 22-1/15

 

RESOLUTION TO COMPENSATE DEPUTY HIGHWAY SUPERINTENDENT FOR   TIME WORKED

 

RESOLVED, David Hydock as deputy Highway Superintendent will receive $2200.00 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 2015 ,April   2015, July  2015 and October   2015

 

Offered by Councilman Bradley   who moved its adoption

Seconded by Councilman   Freeman

 

Adopted.  3;ayes 0 nays: 2 Absent  Bentley& Whipple

 

RESOLUTION NO.23-1/15

 

RESOLUTION TO SET CODE ENFORCEMENT TIME AND PAY

 

RESOLVED, the Code Enforcement Officer shall be paid $21.00 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, Personnal, or Sick Day) any other time shall be made up. 

 

 Offered by Councilman  Bradley who moved its adoption

Seconded by Councilman    Freeman

 

Adopted.  3;ayes 0 nays: 2 Absent  Bentley& Whipple

 

RESOLUTION NO.  24-1/15

 

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

Link to Water Report 2-4

 

 

Offered by Councilman Bradley   who moved its adoption

Seconded by Councilman  Freeman

 

Adopted.  3;ayes 0 nays: 2 Absent  Bentley& Whipple

 

 

 

 

RESOLUTION NO. 25-1/15

 

RESOLUTION TO ACCEPT FINAL REPORT FOR THE COURT CLERK

 

WHEREAS, the Court Clerk for Justice Grabowski  has presented the final report for the justice for the year ending December 31,2014, and

 

WHEREAS, the Town Board has reviewed these records

 

BE IT RESOLVED, the Town Board accepts the final report for Justice Grabowski  as presented

Link to Court Report

 

Offered by Councilman Freeman  who moved its adoption

Seconded by Councilman    Bradley

 

Adopted.  3;ayes 0 nays: 2 Absent  Bentley& Whipple

 

RESOLUTION NO.  26-1/15

 

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

Link to Final  Report

 

 

Offered by Councilman Bradley  who moved its adoption

Seconded by Councilman   Freeman

 

Adopted.  3;ayes 0 nays: 2 Absent  Bentley& Whipple

 

 

 

 

 

RESOLUTION NO.27-1/15

 

RESOLUTION TO APPOINT TOWN ENGINEER

 

WHEREAS, Chatfield Engineers PC. Has shown interest in being appointed the Town of Yates Engineer for the coming year, be it

 

RESOLVED, the Town of Yates hereby appoints Chatfield Engineers PC as the Town of Yates Engineers., be it also

 

RESOLVED a copy of the hourly rate for such engineering be attached to these minutes.

Link to Rate Report

 

Offered by Councilman Freeman  who moved its adoption

Seconded by Councilman Bradley

 

Adopted.  3;ayes 0 nays: 2 Absent  Bentley& Whipple

 

RESOLUTION NO. 28-1/15

 

RESOLUTION TO APPOINT MEMBER TO COUNTY PLANNING BOARD

 

WHEREAS Gary Daum and Steve Freeman have been associated with the County Planning Board for some time be it

 

RESOLVED to re-appoint Gary Daum to County Planning Board and   Steve Freeman as alternate

 

 

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Freeman

 

Adopted.  3;ayes 0 nays: 2 Absent  Bentley& Whipple

 

RESOLUTION NO.29-1/15

 

RESOLUTION ADOPTING RETIREMENT RESOLUTIONS FOR STANDARD WORK DAY REPORTING RS 2417 A&B and STANDARD WORK DAY RESOLUTION FOR EMPLOYEES RS 2418 FROM THE OFFICE OF TH NEW YORK STATE COMPTROLLER NEW YORK STATE AND LOCAL RETIREMENT SYSTEM

 

WHEREAS NEW FORMS RS2417 and RS2418 need to be made every year, be it

 

RESOLVED that these resolutions be adopted  and be it further

 

RESOLVED, they shall be attached to these minutes .and  posted on the bulletin board in the Town Hall for 30 days

 

Link to Work Day report

 

Offered by Councilman  Bradley   who moved its adoption

Seconded by Councilman  .Freeman

Adopted.  3;ayes 0 nays: 2 Absent  Bentley& Whipple

 

RESOLUTION NO/ 30-1/15

 

 

STANDARD WORK DAY RESOLUTION

 

WHEREAS, the Retirement system requires the Town of specify the Standard work days of all employees , be it

 

RESOLVED the following is hereby specified as Standard workdays for Retirement purposes

Highway Superintendent 8 hours, Town Clerk 6 hours, Court Clerk 6 hours, Town Hall Custodian-6 hours,  Highway Meo and Laborers 8 hours, Code and Zoning 8 hours, Bookkeeper, clerical & councilman 6 hours, Deputy Clerk 6 hours.

 

Offered by Councilman  Bradley   who moved its adoption

Seconded by Councilman  .Freeman

Adopted.  3;ayes 0 nays: 2 Absent  Bentley& Whipple

 

RESOLUTION TO ALLOW SUPERVISOR TO SIGN AGREEMENT WITH GARY AND SHERIANN DENT FOR MOWING FOR THE YEAR 2015

 

WHEREAS, Gary and Sheriann Dent have done the mowing for the last 2 years , and

 

WHEREAS they have agreed to mow for the 2015 year at the same compensation as previous,  be it

 

RESOLVED, the Town Board authorizes the Supervisor to sign an agreement with Gary and Sheriann Dent for Mowing

 

Offered by Councilman  Bradley   who moved its adoption

Seconded by Councilman  .Freeman

Adopted.  3;ayes 0 nays: 2 Absent  Bentley& Whipple

 

 

 

RESOLUTION NO. 32-1/15

 

RESOLUTION TO HAVE SUPERVISOR WRITE A LETTER TO THE COUNTY

 

WHEREAS, the County has contacted the Town with a proposal in putting together a coordinated shared service proposal.  For fiscal year 2014-2015 financed tax rebate program or “tax freeze” that provides a rebate to home owners should the local taxing real property taxing authorities meet certain requirements, be it

 

RESOLVED, the Town Board wishes the Supervisor write a letter agreeing with this proposal.

 

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Freeman

 

Adopted. 3 ayes; 0 Nays; 2 absent Bentley and Whipple

 

 

Report of Town Officers:

 

Michele Harling-Assessor

 

Would like to thank everyone for coming I was able to go to Tug Hill in 2007 I have information on file if any one wants this information.

 

In the process of renewing exemptions for property owners, aged, Senior Star and Agriculture

 

Wes Bradley- United Way has donated 2,500 for the 2015 Swim Program for  Youth

 

Town Supervisor John Belson  The bridge on Rout 63  is supposed to  be replaced in the Summer of 2015.

 

RESOLUTION NO. 33-1-15

 

RESOLUTION TO PAY BILLS

 

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

 

RESOLVED to pay bills as follows:

 

A-Account-General   17,951.58          

B-Account-General     2,234.82                                  

DA-Account                21,276.59  

DB-Account                 3,042.28    

Water 2 Account            9,251.33       

Water 4 Account          81,293.61  

            $

 

  TOTAL      145361.08

 

 

Offered by Councilman Bradley    who moved its adoption

Seconded by Councilman  Freeman

Adopted.  3 ayes’ 0 nays  2 Absent  Bentley& Whipple

 

 

 

Adjournment

 

Moved by Councilman   Freeman  , Whereas there is no new business to be brought before the Board that the meeting be adjourned at   8:00  P.M.

Seconded by Councilman   Bradley

Adopted. 3 ayes: 0 nays; 2 absent Bentley, Whipple

 

 

 

Town of Yates

 

Brenda B. Donald

Town Clerk