Gaines,
NY January 2, 2012
An Organizational Meeting of the Town of Gaines, County of Orleans
and the State of New York were held at the Town Hall, 14087 Ridge Road, Gaines,
New York on the 2nd day of January 2012.
PRESENT: Carol Culhane ------ Supervisor
David
Kast ------ Councilperson
James
Kirby ------ Councilperson
Susan
Smith ------ Councilperson
Douglas
Syck ------ Councilperson
Ron
Mannella ------ Highway Superintendent
Jean
Klatt ------ Town Clerk
Supervisor Culhane called the
meeting to order at 10:00 AM with the Pledge to the Flag.
OTHERS PRESENT: MaryJo Syck, Jerry Culhane,
Marilynn Miller, Dee Robinson, Tom Rivers, Connie Mosher, Tibbs
Ahlberg, Richard Ebbs, Mike Grabowski, Chris Watt,
Bruce Schmidt
RESOLUTION
1-12
APPROVAL OF ENGINEERING SERVICES
On a motion
of Councilperson Smith, seconded by Councilperson Kirby, the following
resolution was
ADOPTED Ayes 5 Kirby, Kast, Culhane, Syck, Smith
Nays 0
Resolved
that Chatfield Engineers is approved to provide engineering services
for 2012.
Supervisor Culhane asked the
board to review a contract for Andrew Meier prior to the next board meeting. Councilperson
Kast asked who had prepared the contract. Andrew Meier explained that he had
been approached by Supervisor-Elect Culhane and had prepared the contract with
no compensation.
Supervisor
Culhane expressed her desire to retain Andrew Meier as Attorney for the Town.
Councilperson Kast asked why she wanted to retain a new attorney instead of the
council the town had retained for the past 20 plus years. He feels this is doing Mr. Heath and
the town an injustice. Councilperson Syck feels 6 months is a good trial period
and the contract is a financial plus for the town. Councilperson Kirby stated
that he felt the town should have talked to speak to the present attorney
before a change and that the town should have advertised and interviewed
potential legal counsel as a board. Councilperson Smith stated that she felt
that Mr. Heath being the personal attorney for herself and other board members
creates a conflict and that the town would be better served by someone neutral.
RESOLUTION
2-12
LEGAL SERVICES
On a motion
of Councilperson Smith, seconded by Councilperson Syck, the following
resolution was
ADOPTED Ayes 3 Roll Call: Council person Smith Aye
Nays 2 Councilperson Syck Aye
Supervisor Culhane Aye
Councilman Kast Nay
Councilman Kirby Nay
Resolved
that Andrew W. Meier Esq. from Webster, Schubel and Meier, LLP will provide legal services as
Attorney for the Town of Gaines for a period of 1 year.
RESOLUTION
3-12
PREPAY BILLS
On a motion
of Councilperson Smith, seconded by Councilperson Kast, the following
resolution was
ADOPTED Ayes
5 Kirby, Kast, Culhane, Syck, Smith
Nays 0
Resolved
that the Town Clerk is authorized to pre-pay bills if due date is prior to the next
board meeting to avoid late fees and penalties
RESOLUTION
4-12
AUDIT REPORT
On a motion
of Councilperson Kast, seconded by Councilperson Kirby, the following
resolution was
ADOPTED Ayes 5 Kirby, Kast, Culhane, Syck, Smith
Nays 0
Resolved
that the criminal and civil dockets of the Town Justice for 2011 having been
duly examined with the monthly cash summary being viewed and the fines and fees
have been turned over to the proper officials;
that the
records of the Town Clerk for 2011 having been duly examined and found all fees
have been turned over to the proper officials;
that the
records of the Tax Collector for 2011 having been duly examined and found all
fees have been turned over to the proper officials.
RESOLUTION
5-12
INSURANCE PLAN
On a motion
of Councilperson Smith, seconded by Councilperson Kirby, the following
resolution was
ADOPTED Ayes 5 Kirby, Kast, Culhane, Syck, Smith
Nays 0
Resolved that
the Town of Gaines will carry its liability insurance plan for property and
vehicles through Orleans Agency for the 2011 2012 Policy period.
RESOLUTION
6-21
APPROVAL OF SCHOOLING
On a motion
of Councilperson Smith, seconded by Councilperson Kirby, the following
resolution was
ADOPTED Ayes 5 Kirby, Kast, Culhane, Syck, Smith
Nays 0
Resolved that schooling for Elected and Appointed Officials, when school
pertains to respective jobs is duly authorized if funding was requested and
approved in the 2012 budget.
RESOLUTION
7-7
APPROVAL OF OFFICIAL UNDERTAKING
On a motion
of Councilperson Smith, seconded by Councilperson Kirby, the following
resolution was
ADOPTED Ayes 5 Kirby, Kast, Culhane, Syck, Smith
Nays 0
Resolved the
approval of the Official Undertaking as to its form and manner of
execution and the sufficiency of the insurance, as surety as
prescribed by law.
TOWN OF
WHEREAS CAROL
E. CULHANE_____________, of the Town of Gaines, County of
Gaines, and
WHEREAS, JEAN
KLATT______________, of the Town of
Gaines, and
WHEREAS, JEAN
KLATT______________, of the Town of
Orleans, New
York, has been elected to the Office of Town Tax Collector of the Town of
Gaines, and
WHEREAS, BRUCE
R. SCHMIDT _______, of the Town of
WHEREAS,RONALD
MANNELLA_________, of the Town of Gaines, County of Orleans, New York, has
been elected to the Office of Superintendent of Highways of the Town of Gaines,
and
NOW,
THEREFORE, we as respective officers above, do hereby undertake with the Town
of
This
undertaking of the Town Supervisor is further conditioned upon that she will
well and truly keep, pay over and account for all moneys
and property, including any special district funds, belonging to the Town and
coming into her hands as such Supervisor; and
This
undertaking of the Town Clerk is further conditioned that she will well and
truly keep, pay over and account for all moneys and
property coming into her hands as such Town Clerk; and
This
undertaking of the Tax Collector is further conditioned that she will well and
truly keep, pay over and account for all moneys and
property coming into her hands as such Tax Collector; and
This
undertaking of the Town Justice is further conditioned that he will well and
truly keep, pay over and account for all moneys and
property coming into his hands as such Town Justice; and
The Town
does and shall maintain insurance coverage, presently with Trinity
Insurance, in
the sum of $ 250,000.00 for the Tax Collector, Supervisor and Town Clerk to
indemnify against losses through the failure of the officers, clerks and
employees covered there under faithfully to perform their duties or to account
properly for all monies or property received by virtue of their positions or
employment, and through fraudulent or dishonest acts committed by the officers,
clerks and employees.
RESOLUTION 8-12
SUPERVISOR'S APPOINTMENTS
On a motion
of Councilperson Smith, seconded by Councilperson Syck, the following
resolution was
ADOPTED Ayes
5 Kirby, Kast, Culhane, Syck, Smith
Nays 0
Resolved that the supervisor's appointment as approved as listed below.
DEPUTY
SUPERVISOR Douglas Syck
CONFIDENTIAL
SECRETARY Jean Klatt
BUDGET OFFICER
Carol E. Culhane @ $1800.00 per year
RESOLUTION 9-12
ANNUAL APPOINTMENTS:
On a motion
of Councilperson Smith, seconded by Councilperson Kirby, the following
resolution was
ADOPTED Ayes
5 Kirby, Kast, Culhane, Syck, Smith
Nays 0
Resolved that the annual appointments are approved as listed below.
HIGHWAY/WATER Highway
Superintendent Mannella, Councilpersons Kast and Kirby,
FINANCE AND
BUDGET Supervisor Culhane, Highway Superintendent Mannella, Councilperson
Kast, and Town Clerk Klatt
The OFFICIAL
DEPOSITORIES for funds (all accounts) shall be:
First Niagara, 48 N. Main Street,
For
INVESTMENTS:
First Niagara, 48 N. Main Street,
HSBC Bank USA, Main Street, Albion, NY
OFFICIAL
PUBLICATION shall be Batavia Daily News, Batavia, NY
FAIR HOUSING
OFFICER Jean Klatt
RECORDS
MANAGEMENT OFFICER- Jean Klatt@ $ 896.00 per year
TOWN
REGISTAR Jean Klatt
DEPUTY
REGISTAR Mary Pettit @ $10.20 per hour
DEPUTY TOWN
CLERK Mary Pettit @ $10.20 per hour
DEPUTY TOWN
CLERK Sharon Harding @ $9.64 per hour
WATER
BILLING CLERK Mary Pettit @ $10.20 per hour
WATER
COLLECTION CLERK Jean Klatt@ $6000.00 per year
DOG CONTROL OFFICER
Mary Pettit @ $10.20 per hour
ZONING BOARD
OF APPEALS AND PLANNING Secretary Mary Pettit $1700.00 per year
COURT CLERK
Marita Dumrese @$10.80 per hour
TOWN
HISTORIAN Delia Robinson@ $1275.00 per year
CODE
ENFORCEMENT OFFICER Robert McGaffick $16000.00 per year
WATER
SUPERINTENDENT Ronald Mannella @ $ 18,000.00 per year
DEPUTY WATER
SUPERINTENDENT David Rustay
CO-DEPUTY
WATER SUPERINTENDENT Mark Radzinski
DEPUTY
HIGHWAY SUPERINTENDENT Mark Radzinski
CO-DEPUTY
HIGHWAY SUPERINTENDENT David Rustay
MEO Mark
Radzinski@ $20.03 per hour
MEO/MECHANIC
David Rustay - $20.63 per hour
SEASONAL
EMPLOYEES - $14.91
CLOTHING
ALLOWANCE - $500.00 per year
CELL PHONE
ALLOWANCE (for full-time highway employees) - $200.00 per year
ELECTION
INSPECTORS - $8.13 per hour or $130.00 daily minimum
OFFICIAL
MILEAGE shall be based on the federal rate which has been
established at $.51 per mile for 2012.
ZONING BOARD
MEMBERS SHALL RECEIVE $25.00 PER MEETING ATTENDED
RESOLUTION
10-12
PLANNING
BOARD DISSOLUTION
WHEREAS,
pursuant to New York Town Law Article 16, a Town Board has broad powers to
regulate land use within its municipal boundaries for the purpose of promoting the health, safety,
morals, and general welfare of the
community; and
WHEREAS,
pursuant to §271 of said Article, a
Town Board may create, but is not required to
maintain, a Planning Board, and to delegate certain aspects of its land
use regulatory authority to the
Planning Board as provided in law; and
WHEREAS, the
authority to abolish a duly-instituted
Planning Board is inherent in the authority to
create a Planning Board as vested in the town by said Article 16; and
WHEREAS, the
Town Board of the Town of Gaines did duly create, by resolution, a Planning
Board in 1939; and
WHEREAS, in
the interests of the health, safety, morals, and general welfare of the town,
the Town Board wishes to abolish the
Planning Board and restore all land use
regulatory authority previously vested in the Planning Board to the
Town Board;
On a motion
of Councilperson Syck, seconded by Councilperson Smith, the following
resolution was
ADOPTED Ayes 3 Roll Call: Council person Smith Aye
Nays 2 Councilperson Syck Aye
Supervisor Culhane Aye
Councilman Kast Nay
Councilman Kirby Nay
NOW,
THEREFORE, it is hereby
RESOLVED
that the Planning Board of the Town of
Gaines is hereby abolished, effective
immediately.
With
no further business, on a motion from Councilperson Syck,
seconded by Councilperson Smith the following motion was
ADOPTED Ayes
5 Smith, Syck, Kast,
Kirby, Culhane
Nays 0
Resolved that the January 2nd, 2012 organizational board meeting is
adjourned at 10:20AM.
Respectfully Submitted,
________________________
Jean
Klatt
Gaines Town Clerk