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
Seconded by Councilman Freeman
Adopted. 3;ayes 0 nays: 2 Absent Bentley& Whipple
RESOLUTION NO.23-1/15
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
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
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
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.
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
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
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