TOWN OF YATES

PUBLIC HEARING AND REGULAR BOARD MEETING

February 14,2008

 

 

The Public Hearing  meeting  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: Russell Martino- Supervisor

                                                     John Belson-Councilman

                                                     Rick Harmer-Councilman

                                                     Brenda Donald- Town Clerk

                                                     Roger W. Wolfe-Highway /Water Superintendent

                                                     Dan Wolfe- Code and Zoning

                                                     David Schubel-Attorney

 

Others:                                          Lynne Johnson-Legislature

                                                     Paul Laurecelli-Resident

                                                     Steve Freeman-Resident

 

 

 

                                               

 

 

              Supervisor Martino explained this was the final public hearing for the Water District 4 Phase 8, before more action can be taken to start the waterline.        

 

RESOLUTION NO.32-2/08

 

RESOLUTION TO CLOSE PUBLIC HEARING

 

WHEREAS, all persons for or against said water district 4 phase 8 were heard at this time , and

 

WHEREAS, no persons requested any comments, be it

 

RESOLVED the public hearing be closed at 7:10 P.M.

 

Moved by Councilman Belson who moved its adoption.

Seconded by Councilman Harmer

 

Adopted. 3 ayes; 0 nays; 2 absent (Bentley, Rutledge)

 

 

 

 Supervisor Martino asked if there was anyone in the audience that would like to address the Board?

 

Paul Lauricella stated that he had heard of a county wide assessment idea

 

Supervisor Martino explained that the Towns of Ridgeway, Shelby and Yates would like to keep their assessing in their own Towns.  These Towns feel it would be a burden to the property owner to have to go to Albion for everything .

 

Paul Lauricella also asked about the line item charge on taxes for water.?

 

Supervisor Martino explained that this is used to pay interest and principal for the bonds from Rural Development loans.     

 

 

 

RESOLUTION NO. 33-2/08

 RESOLUTION AND ORDER AFTER PUBLIC HEARING

 

 A regular meeting of the Town Board of the Town of Yates, in the County of Orleans, New York, was held at the Town Hall, Lyndonville, New York, on the 14th  day of February, 2008.

 

 

 

PRESENT:

 

            Hon. Russell Martino, Supervisor

                                , Councilperson

                                , Councilperson

           

 

____________________________________________________

 

                                    In the Matter

                                        of the

 

Increase and Improvement of Facilities of Water Improvement

District No. 4,  Phase 8, in the Town of Yates, in  the County of

Orleans, New York, pursuant to Section 202-b of Town Law.

_____________________________________________________

 

 

RESOLUTION AND

ORDER AFTER PUBLIC HEARING

 

 

            WHEREAS, following the preparation of a map, plan and report by Chatfield Engineers, engineers duly licensed by the State of New York (herein called “Engineer”), for the increase and improvement Water Improvement District No. 4, (herein called “District”) in the Town of Yates (herein called “Town”), in the County of Orleans, New York, consisting of the construction and installation of approximately 12,300 linear feet of 8-inch watermain PVC pipe, interconnections, crossings, hydrants, and services; all of the foregoing to include land or rights in land, original equipment, machinery, furnishings, valves, fittings, connections, fill, appurtenances and related site work and other ancillary work along East Yates Center Road (3,500 linear feet) and Alps Road (8,800 linear feet) in the Town (referred to herein as the “Phase 8 Water Improvement”); at a total cost to the District not to exceed $461,250.00 to be  financed with a like amount of serial bonds of the Town, which shall be paid by the assessment, levy and collection of special assessments upon the several lots and parcels of land in the District which the Town Board shall deem to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable. Any funds received from federal, state, county and/or local grants including but not limited to approximately $400,000.00 grant funds from GOSC are authorized to be applied towards the cost redemption of the Town’s obligations issued to finance the  Phase 8 Water Improvement, or will be budgeted as an offset to the taxes for the payment of the principal and interest on said obligations; and

            WHEREAS, the Engineer completed such map, plan and report and estimate of cost and filed same with the Town Board, the Town Board thereafter adopted an order describing in   general terms the proposed increase and improvement of the facilities, specifying the estimated cost thereof, and stating that the Town Board would meet to hear all persons interested in said increase and improvement of facilities on February 14, 2008 at 7:00 o’clock P.M. (Prevailing Time) at the Town Hall, in said Town; and

            WHEREAS, copies of such Order, certified by the Town Clerk, were duly published and posted pursuant to the provision of Article 12 of the Town Law; and

            WHEREAS, such public hearing and a regular meeting were duly held by the Town Board on the 14th day of February, 2008 at 7:00 o’clock P.M. (Prevailing Time) at the place designated by said Order;  and

            WHEREAS, the Town Board has given due consideration to the impact that the increase and improvement of facilities of the District may have on the environment and on the basis of such consideration, the Town Board has found that no substantial adverse environmental impact will be caused thereby; and

            WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law and, in connection therewith, a duly processed negative declaration and/or other applicable documentation has been filed in the office of the Town Clerk.

            NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby

            DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the estimated maximum cost of not to exceed $461,250.00 and it is hereby

            ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the Town Board shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of said facilities and with the assistance of the Town Attorney, prepare a proposed contract for the execution of the work, which plans and specifications, estimate and proposed contract shall be presented to the Town board as soon as possible; and it is hereby

            FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance if serial bonds of the Town in the amount of $461,250.00, which shall be paid by the assessment, levy and collection of special assessments upon the several lots and parcels of land in the District which the Town Board shall deem to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable.  Any funds received from federal, state, county and/or local grants including but not limited to approximately $400,000.00 grant funds from GOSC are authorized to be applied towards the cost of redemption of the Town’s obligations issued to finance the Water Improvement, or will be budgeted as an offset to the taxes for the payment of the principal and interest on said obligations; and it is hereby  

            FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Orleans County within ten (10) days after adoption thereof.    

DATED:  February 14, 2008

 

                                                            TOWN BOARD OF THE TOWN OF YATES

(SEAL)

 

 

 

 

RESOLUTION NO. 34-2/08

 

RESOLUTION TO APPROVE MINUTES

 

RESOLVED ,to approve the minutes of January 10,2008 Regular meeting and Organizational meeting and the Special meeting of January 29, 2008 as presented to each Board Member.

 

Offered by Councilman Harmer who moved its adoption

Seconded by Councilman Belson

 

Adopted. 3 ayes; 0 nays; 2 absent (Bentley, Rutledge)

 

Report of Town Officers

 

Code and Zoning- Dan Wolfe will be doing the fire safety inspections and the drive by inspections for code and zoning violations .

 

Highway Superintendent

1-     will be going to Albany March 4 and 5 with the Association of Highway Superintendents for rally for more CHIPS money from the State.

2-     Would like to get quotes on a new Loader and see if it is feasible to purchase one

3-      Would like to bid for mowing of Town property, to see how bids come in

 

RESOLUTION NO.35-2/08

 

RESOLUTION TO AUTHORIZE THE HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS FOR THE MOWING OF TOWN PROPERTY

 

WHEREAS, it has been discussed the mowing of the Cemeteries and park, be it

 

RESOLVED a notice of bids shall be placed in the journal Register and the Lake Country Pennysaver for sealed bids on mowing of Town properties. Be it

 

FURTHER RESOLVED that specifications will be available at the Town Clerk’s office and bids will be opened at 10:00 A.M. on March 3, 2008

 

Offered by Councilman Harmer who moved its adoption.

Seconded by Councilman Belson

 

Adopted. 3 ayes; 0 nays; 2 absent (Bentley, Rutledge)

 

RESOLUTION NO. 36-2/08

 

RESOLUTION TO TRANSFER OF FUNDS

 

WHEREAS, it has been recommended that monies be transferred from the 909 accounts to the 911 accounts, be it

 

RESOLVED that $25,000 shall be transferred from the A-909 Account to the A 911 Account, 150,000 shall be transferred from the DA 909 Account to the DA 911 Account and that $52,000 be transferred from the SW4 909 Account to the SW4911 Account.

 

Offered by Councilman Harmer who moved its adoption,

Seconded by Councilman Belson

 

Adopted. 3 ayes; 0 nays; 2 absent (Bentley Rutledge)

 

 

Payment of Bills

 

RESOLUTION NO. 37-2/08

 

RESOLUTION TO PAY BILLS

 

WHEREAS, all claims have been audited by the Town Board and approved.  Be it

 

RESOLVED the bills shall be paid as follows, be it further

 

RESOLVED a payment for the Bond Council in the amount of $4,00 shall be added.

 

A-    Account  22,934.26

B-    Account    1,571.10

DA Account   29,229.65

DB  Account       240.13

WATER 4      36,152.43

Fire                 40,000.00

Youth                   143.00

 

TOTAL   130,270.57 plus $4,000.00 from water 6B

 

 

Adjournment

 

Moved by Councilman Belson who moved its adoption, Whereas there is no further business to be brought before the Board at this time the meeting be adjourned at 7:45 P.M. Seconded by Councilman Harmer.

 

Vote. 3 ayes; 0 nays 2 absent (Bentley, Rutledge)

 

 

Brenda B. Donald

Town Clerk

Town of Yates