January 3, Town of Albion Town Board Organizational meeting held in the Town hall, 3665 Clarendon Rd.

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Town of Albion Town Board Organizational meeting held in the Town hall, 3665 Clarendon Rd. Meeting began at 7:00 pm. Pledge was said and the exit message was given. Present was Councilperson Timothy Neilans, Councilperson Clifford Thom, Supervisor Judith Koehler, Councilperson Matthew Passarell and Councilperson Ryan Miller. Also present was Attorney for the Town John Gavenda and Town Clerk Sarah Basinait. Supervisor Judith Koehler: I need a motion for the agenda. Motion was made by Councilperson Matthew Passarell and was seconded by Councilperson Clifford Thom to approve the agenda with the addition of item number thirteen, modification of the budget to allow for the clothing allowance as per the Union contract and move executive session to item number fourteen. Motion carried by the Supervisor Judith Koehler: I need a resolution for the municipal deposit for Gary Moore. Resolution #1 Municipal Deposit The Resolution, authorizing the establishment of a bank account at First Niagara Bank for Justice Gary Moore, in its entirety is hereby filed with and made a part of these minutes. Resolution duly adopted by the Supervisor Judith Koehler: Next are the resolutions to establish certain positions in the Town. Resolution #2 Establishment of position of Deputy Town Clerk Councilperson Clifford Thom moved the adoption of the Resolution establishing the position of Deputy Town Clerk and Councilperson Timothy Neilans seconded the motion. Resolution #3 Establishment of position of Court Clerk Councilperson Matthew Passarell moved the adoption of the Resolution establishing the position of Court Clerk and Councilperson Ryan Miller seconded the motion. 1

Resolution #4 Establishment of position of Deputy Court Clerk Councilperson Ryan Miller moved the adoption of the Resolution establishing the position of Deputy Court Clerk and Councilperson Timothy Neilans seconded the motion. Resolution #5 Establishment of position of Bookkeeper to the Supervisor Councilperson Matthew Passarell moved the adoption of the Resolution establishing the position of Bookkeeper to the Supervisor and Councilperson Clifford Thom seconded the motion. Resolution #6 Establishment of position of Secretary to the Supervisor Councilperson Timothy Neilans moved the adoption of the Resolution establishing the position of Secretary to the Supervisor and Councilperson Matthew Passarell seconded the motion. Resolution #7 Establishment of position of Budget Officer Councilperson Clifford Thom moved the adoption of the Resolution establishing the position of Budget Officer and Councilperson Timothy Neilans seconded the motion. Resolution #8 Establishment of position of Water/Sewer Superintendent Councilperson Clifford Thom moved the adoption of the Resolution establishing the position of Water/Sewer Superintendent and Councilperson Matthew Passarell seconded the motion. Councilperson Ryan Miller, nay Resolution #9 Establishment of position of Water/Sewer Clerk Councilperson Timothy Neilans moved the adoption of the Resolution establishing the position of Water/Sewer Clerk and Councilperson Clifford Thom seconded the motion. 2

Resolution #10 Establishment of position of Attorney for the Town Councilperson Matthew Passarell moved the adoption of the Resolution establishing the position of Attorney for the Town and Councilperson Timothy Neilans seconded the motion. Resolution #11 Establishment of position of Town Attorney Councilperson Clifford Thom moved the adoption of the Resolution establishing the position of Town Attorney and Councilperson Matthew Passarell seconded the motion. Resolution #12 Establishment of position of Deputy Town Supervisor Councilperson Timothy Neilans moved the adoption of the Resolution establishing the position of Deputy Town Supervisor and Councilperson Matthew Passarell seconded the motion. Resolution #13 Establishment of position of Deputy Highway Superintendent Councilperson Ryan Miller moved the adoption of the Resolution establishing the position of Deputy Highway Superintendent and Councilperson Clifford Thom seconded the motion. Resolution #14 Establishment of position of Code Enforcement Officer II Councilperson Timothy Neilans moved the adoption of the Resolution establishing the position of Code Enforcement Officer II and Councilperson Matthew Passarell seconded the motion. Resolution #15 Establishment of position of Director of Finance Councilperson Timothy Neilans moved the adoption of the Resolution establishing the position of Director of Finance and Councilperson Clifford Thom seconded the motion. 3

Supervisor Judith Koehler: We need to do the appointments for 2011. Whereas, the Town of Albion Town Board desires a high degree of Professionalism, Fairness and Customer Service. We appoint the following personnel to the indicated positions and institute the following procedures: Resolution #16 Historian Be it resolved that Cheryl Staines is hereby appointed to the position of Historian at a salary of $450.00 per year. Motion was made by Councilperson Matthew Passarell and seconded by Councilperson Clifford Thom authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #17 Town Constable Be it resolved that Philip McKenna is appointed Town Constable at a salary of $100.00 per year contingent upon his acceptance. Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #18 Bookkeeper to the Supervisor Be it resolved that Baldwin Business Services is hereby appointed as bookkeeper to the Supervisor at a salary of $3,000.00/yr. Resolution duly adopted by the Motion was made by Councilperson Clifford Thom and seconded by Councilperson Matthew Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #19 Budget Officer Be it resolved that Thomas Baldwin is appointed Budget Officer at a salary of $1,000.00 per year. Motion was made by Councilperson Timothy Neilans and seconded by Councilperson Ryan Miller authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #20 Town Clerk Deputy Resolved that Sara Stirk is hereby appointed to serve as Deputy Town Clerk at a salary of $13.80 per hour. 4

Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #21 Registrar of Vital Statistics Be it resolved that Sarah M. Basinait is hereby appointed Registrar of Vital Statistics at a salary $1,236.00/year. Motion was made by Councilperson Clifford Thom and seconded by Councilperson Matthew Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #22 Accounting Firm Be it resolved that Baldwin Business Services is hereby appointed as accounting firm at a cost of $9,100.00/year. Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #23 Secretary to the Supervisor Be it resolved that Millennium Roads is contracted to provide secretarial services to the Supervisor at a cost of $6,600.00 per year. Motion was made by Councilperson Matthew Passarell and seconded by Councilperson Timothy Neilans authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #24 Interior Building Temperature Whereas the Town of Albion wants to conserve energy both for the benefit of the taxpayers and the environment, NOW, THEREFORE, BE IT RESOLVED, that the minimum interior temperature for public buildings shall be the maximum interior temperature for public buildings, namely 68 degrees Fahrenheit, and that, to the extent possible, thermostats are set back either manually or automatically to 60 degrees when the building is not occupied. Motion was made by Councilperson Timothy Neilans and seconded by Councilperson Clifford Thom authorizing the adoption of this resolution. Resolution duly adopted by the Councilperson Ryan Miller, nay Resolution #25 Election Inspector Fees Be it resolved as follows: Primary Day-----------12 Noon 9:00 p.m. at $9.30/hour Registration Day------12 Noon 9:00 p.m. at $45.00 Election Day-----------6:00 a.m. 9:00 p.m. at $9.30/hour for 16 hours- $148.80 School Attendance----at $10.00 5

Motion was made by Councilperson Clifford Thom and seconded by Councilperson Matthew Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Councilperson Ryan Miller, nay Resolution #26 Assessment Review Board Be it resolved Assessment Review Board members shall receive as follows: Chairman------------------------------ at $300.00/year Members(4)--------------------------- at $175.00/year Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #27 Zoning Board Salaries Be it resolved that the Chairman of the Zoning Board shall receive $350.00/yr., Zoning Board members will receive $250.00/yr. and a secretary is appointed to the Zoning Board at an hourly rate of $7.50. Motion was made by Councilperson Clifford Thom and seconded by Councilperson Ryan Miller authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #28 Planning Board Salaries Be it resolved that the Chairman of the Planning Board shall receive $1,000.00/yr., the Board members will receive $600.00/yr. and a secretary is appointed at a salary of $500.00/yr. Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #29 Water/Sewer Superintendent Be it resolved that Jed Standish is appointed to the position at a salary of $18,792.00/year. Motion was made by Councilperson Clifford Thom and seconded by Supervisor Judith Koehler authorizing the adoption of this resolution. Resolution defeated by the Councilperson Ryan Miller, nay Councilperson Clifford Thom, nay Supervisor Judith Koehler, nay Councilperson Timothy Neilans, nay Councilperson Matthew Passarell, nay Resolution #30 Official Newspaper Be it resolved that the Batavia Daily News will be the Official Newspaper for the Town of Albion. The Lake Country Pennysaver will be used for publishing supplemental public hearings notices and other notices as the Town Board deems appropriate. Passarell authorizing the adoption of this resolution. Resolution duly adopted by the 6

Resolution #31 Voting Delegates to the Association of Towns Be it resolved that Councilperson Timothy Neilans is hereby appointed Delegate to the Association of Towns and the alternate to serve in this capacity will be Supervisor Judith Koehler. Motion was made by Councilperson Clifford Thom and seconded by Councilperson Ryan Miller authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #32 Water/Sewer Clerk Be it resolved that Sarah M. Basinait is hereby appointed to the position at a salary of $6,589/year. Motion was made by Councilperson Ryan Miller and seconded by Councilperson Matthew Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Councilperson Timothy Neilans, nay Resolution #33 Elected Officials Salaries Be it resolved the following the salaries of these elected officials: Board Members Each---------------------$3,396.00 Town Clerk---------------------------------$28,506.00 Supervisor----------------------------------$5,382.00 Highway Superintendent-----------------$46,170.00 Justices-------------------------------------$14,000.00 Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #34 Investment of Town Funds Be it resolved that the Supervisor is authorized to invest any and all surplus funds that the Town may have in any legal investment at the highest rate of interest available to municipalities. Motion was made by Councilperson Matthew Passarell and seconded by Councilperson Ryan Miller authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #35 Bank Depositories Be it resolved that First Niagara is designated as depository of funds for the Town of Albion. This also authorizes First Niagara Bank in addition to the Tax Collector to collect taxes. Motion was made by Councilperson Timothy Neilans and seconded by Councilperson Ryan Miller authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #36 Town Official Bond 7

Be it resolved that to satisfy Section 25 of the Town Law of New York which require certain officials to an undertaking, which may be in a form of a bond, and the proper bonding has been supplied; the cost of the undertaking shall be charged against the Town. Motion was made by Councilperson Matthew Passarell and seconded by Councilperson Clifford Thom authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #37 Town Clerk s Office Hours Be it resolved that the Clerks hours are as follows: Monday 8:30 a.m. 11:00 a.m. & 12:00 p.m. 4:00 p.m. Tuesday 8:30 a.m. 11:00 a.m. & 12:00 p.m. 4:00 p.m. Thursday 8:30 a.m. 11.00 a.m. & 12.00 p.m. 4:00 p.m. Friday 8:30 a.m. 11.00 a.m. & 12.00 p.m. 4:00 p.m. Motion was made by Councilperson Clifford Thom and seconded by Councilperson Ryan Miller authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #38 Mileage Be it resolved that any Town Officer of employee who utilizes his/her vehicle in the furtherance of business pertaining to the Town of Albion, and thereby benefiting the town of Albion, shall be compensated for use of said vehicle in the amount of $.505 /mile upon presentation of proof to the Town Clerk. Mileage to and from town board meetings is not a reimbursable expense for department heads and town board members. Motion was made by Councilperson Timothy Neilans and seconded by Councilperson Clifford Thom authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #39 Monthly Meeting Be it resolved that the monthly meetings shall be held on the second Monday of the month at 7:00 p.m. except if otherwise published and that all Department heads are asked to attend. If necessary, a second meeting shall be held on the fourth Monday of the month. Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #40 Department Reports Be it resolved that each Department head (Town Clerk, Assessor, Highway Superintendent and Code Enforcement Officer) shall present to the Board before or at the start of the monthly meeting a detailed written report outlining significant accomplishments for the month and to report any issues that the Board should be aware of. Issues (personnel matters, etc.) should be discussed in executive session. Such matters shall be documented and presented to the Board in a separate report. All department reports shall be recorded in the meeting minutes, both the written version and online. Motion was made by Councilperson Matthew Passarell and seconded by Councilperson Ryan Miller authorizing the adoption of this resolution. Resolution duly adopted by the 8

Resolution #41 Travel Be it resolved that Town personnel who may choose to travel to conventions, seminars or other events dealing with Town business and thereby incur hotel stay or airline travel expenses shall require authorization from the Town Board prior to commencement of travel if compensation is requested. Motion was made by Councilperson Clifford Thom and seconded by Councilperson Matthew Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #42 Holidays Be it resolved that the holidays for the Town of Albion are as follows: New Year s Eve, New Year s Day, Martin Luther King Day, Presidents Day, close noon on Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve and Christmas Day. If any one of the above holidays falls on a Saturday then it shall be observed on the Friday before and if it falls on a Sunday than it shall be observed on the following Monday. Motion was made by Councilperson Timothy Neilans and seconded by Councilperson Clifford Thom authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #43 Presentation of Vouchers Be it resolved that an abstract of all vouchers is required for approval of payment at the Town Board meetings. All vouchers must be presented to the Town Clerk s office on the Tuesday before the Board meeting and before close of business on that day. All vouchers must be itemized, stating dates, event, item purchased, mileage, food etc. Documentation of adherence to purchasing policy shall be attached. If purchase was from State or County Bid, a copy of such shall be attached. Permission to exceed budgetary allocation must be received from the Board prior to purchase. Vouchers for food reimbursement must be itemized, with alcoholic beverages subtracted from the total. Also no faxes of bills shall be accepted. Motion was made by Councilperson Ryan Miller and seconded by Councilperson Clifford Thom authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #44 Board Minutes Be it resolved that the Board minutes will be typed and placed in their mailboxs ten (10) working days after the meeting. Minutes may also be emailed to the Board members ten (10) working days after the meeting. Once minutes are approved they shall be sent to the Board member in charge of the website for posting on said site. Motion was made by Councilperson Matthew Passarell and seconded by Councilperson Clifford Thom authorizing the adoption of this resolution. Resolution duly adopted by the 9

Resolution #45 Attorneys for the Town Be it resolved that John Gavenda is hereby appointed at a salary of $175.00 per hour. Attorney Gavenda is to be used for all routine matters. Daniel Spitzer (or his designee) of Hodgson Russ are appointed for special services only, including bond issues, etc. Hodgson Russ may only be consulted with prior approval from Attorney Gavenda, the Supervisor or the Deputy Supervisor. Attorney Gavenda may call on an as-needed basis. Colleen O Connell is also hereby appointed as special counsel. Motion was made by Councilperson Clifford Thom and seconded by Councilperson Ryan Miller authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #46 Check Signing/ ACH transfers/ Inter-fund transfers Be it resolved that all checks shall be signed by the Supervisor, with signatory powers also accorded the Deputy Supervisor in the absence of the Supervisor. All ACH transfers shall be made by the Supervisor or the Deputy Town Supervisor. Motion was made by Councilperson Timothy Neilans and seconded by Councilperson Clifford Thom authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #47 Fair Housing Officer Be it resolved that Councilperson Timothy Neilans is Fair Housing Officer for the 2011 year. Motion was made by Councilperson Ryan Miller and seconded by Councilperson Matthew Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #48 Building and Grounds: Operation and Maintenance Be it resolved that Councilperson Clifford Thom will chair and Code Enforcement Officer Daniel Strong will serve on this committee for the 2011 year. Additionally, all building maintenance issues shall be directed to Councilperson Thom. Motion was made by Councilperson Timothy Neilans and seconded by Councilperson Ryan Miller authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #49 Water Committee Be it resolved that Supervisor Judith Koehler, Councilperson Timothy Neilans, Highway Superintendent Jed Standish and Town Clerk Sarah Basinait will serve on this committee for the 2011 year. Motion was made by Councilperson Clifford Thom and seconded by Councilperson Matthew Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #50 Highway Department Committee 10

Be it resolved that Councilperson Ryan Miller will chair this committee for 2011 year. Motion was made by Councilperson Clifford Thom and seconded by Councilperson Timothy Neilans authorizing the adoption of this resolution. Resolution duly adopted by the Councilperson Ryan Miller, nay Resolution #51 Deputy Supervisor Be it resolved that Councilperson Clifford Thom, Sr. is hereby appointed as the Deputy Supervisor, and he will act in the capacity as Supervisor as the need arises. Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #52 Policy Committee Be it resolved that Supervisor Judith Koehler will chair this committee and that the board shall move methodically toward the adoption of a policy and employee manual that reflects consistency and compliance with regulations and generally accepted practices. This committee shall have secretarial services, access to legal counsel and electronic policy document management support. Motion was made by Councilperson Timothy Neilans and seconded by Councilperson Clifford Thom authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #53 Emergency Preparedness Committee Be it resolved the Councilperson Clifford Thom will chair this committee and shall be responsible for developing a town emergency plan consistent with the county s emergency preparedness plan and in cooperation with the Albion Fire Department. Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #54 Liaison to Town of Albion Planning Board Be it resolved that Councilperson Timothy Neilans shall be the liaison to the Town of Albion Planning Board. Motion was made by Councilperson Matthew Passarell and seconded by Councilperson Ryan Miller authorizing the adoption of this resolution. Resolution duly adopted by the Resolution #55 Liaison to Town and County Be it resolved that Councilperson Clifford Thom shall be the liaison to the Town of Albion Zoning Board and the County of Orleans Planning and Zoning Boards. Motion was made by Councilperson Timothy Neilans and seconded by Councilperson Ryan Miller authorizing the adoption of this resolution. Resolution duly adopted by the 11

Supervisor Judith Koehler: I need a resolution to amend the year-end transfers. Resolution #56 Year End Transfer Amendment Motion was made by Councilperson Matthew Passarell and was seconded by Councilperson Timothy Neilans to amend the year-end transfer in Water District #3, SW8340.2, transmission and distribution, from $6,320.00 to $5,000.00. Supervisor Judith Koehler: I need a resolution to modify the budget. Resolution #57 Modification to the 2011 Budget Be it resolved that the 2011 Budget is hereby amended to allow for the addition of the clothing allowance, DB5110.4, in the proposed amount of $800.00. Passarell authorizing the adoption of this resolution. Resolution duly adopted by the Supervisor Judith Koehler: I need a motion for executive session. Motion was made by Councilperson Matthew Passarell and was seconded by Councilperson Clifford Thom to enter executive session at 8:41 pm for the discussion of the State Comptroller audit and the Union Contract negotiations. Motion carried by the Date From To Subject Wed 1/12/2011 1:26 PM Michael Bonafede "Michael Bonafede" <bonaler@yahoo.com> sarah basinait "sarah basinait" <townclerk@townofalbion.com> meetings Reply Reply AllForward Print 1/3/11 meeting: We came out of executive session at 9:55 with a motion by Councilperson Thom and a second by Councilperson Miller. We adjourned immediately thereafter with a motion by Councilperson Miller and a second by Councilperson Neilans. Minutes approved on February 14, 2011 with a correction to the executive session minutes submitted by Supervisor Judith Koehler. Should read that the purpose of the executive session was the Union contract and the State audit. 12