TOWN OF
REGULAR BOARD MEETING
PUBLIC HEARING
The Meetings was called to Order by the Supervisor at
THOSE OFFICERS PRESENT: John Belson - Supervisor
Rick Harmer-Councilman
Wesley Bradley-Councilman
Brenda Donald- Town Clerk
David Schubel - Attorney
Michele Harling -Assessor
Dan Wolfe-Code & Zoning
OTHERS: L. Steven Freeman-Resident
Larry Wolfe-Resident
Phil Zimmerman-Property Owner
Lynne Johnson-Legislature
Ken Adams-Property Owner
Dave & Cinnamon Soehner-Property Owners
Paul & Josette Lauze-Property Owners
Russell & Kathy Castronova-Property Owners
Tom & Barb White-Property Owners
Don Lamay-Property Owner
Larry & Sharon Pratt-Property Owners
Phil Zimmerman-Property Owner
John Heveron-Property Owner
Slawomir & Anna Marjorowski-Property Owners
Steve & Bonnie Freeman-Property Owners
Mike Taylor-Property Owner
Pat & Sarah O’Brien-Property Owners
Paul Lauricella-Property Owner
Leonard Lauriciella- Resident
Paul Lauricella Jr,- Residen
Joanne M. Zimmerman-Property Owner
Joanne A. Zimmerman- Property Owner
Tom O’Brien-Property Owner
Tom & Mary Robinson- Property Owners
Bob and Linda Knipe-Property Owners
Ralph Smith-Property Owner
David M. Shimo-Property Owner
Cliff Fearby-Property Owner
The Supervisor read the Notice of the Public Hearing As follows:
Local Law Filing New York State Department of State
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter.
County
City of
Town
Village
Local Law No. 1 of the year 2010.
A local law Amending
the Zoning Local Law of the Town of
(Insert Title)
Be it enacted by the Town Board of the (Name of Legislative Body)
County
City of
Town
Village
A Local Law Amending the Zoning Local Law of the Town of
SECTION 1. The purpose of this Local
Law is to amend the Zoning Local Law
of the Town of
SECTION 2. Article VI, Section 625 Camping
Unit/Recreational Vehicle, of the Zoning Local Law of the Town of
A. A camping permit shall be granted by the Code Enforcement Officer upon request for a single camping unit to be occupied on an improved or unimproved lot, outside of an approved campground, for a period not to exceed the camping season (May 1st through September 30th ) of any calendar year. No fee is required for a permit. A permit is not required for an unoccupied camping unit stored on an improved property.
B. For the purpose of this section, improved property shall be land (lot) on which there is a dwelling that conforms to the articles of this Local Law and unimproved shall be land (lot) upon which there is no dwelling.
C. All camping units are to be placed on the side or rear of improved property.
D. Placement of a camping unit must be in accordance with the setbacks required for buildings in the respective zone of the property.
E. The camping unit must either have self-contained sanitation system or be connected to a Health Department Approved sanitation facility.
F. Any occupied recreational vehicle/camping unit shall have a current valid registration allowing it to travel on the highway and a valid State inspection.
G. All recreational vehicles/camping units, structures and personal property shall be removed from unimproved land (lots) by September 30th of the calendar year.
H. As of October 1st of the calendar year, an appearance ticket will be issued for any violation of sub-section G above.
Failure to comply with any of the foregoing provisions may result in a fine of not more than $250.00 or imprisonment for a period not more than six (6) months or both. Each week a violation is continued shall be deemed a separate offense.
SECTION 3.
(a) This local Law shall take effect immediately upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.
(b) If any part or section of this Local Law shall be held to be invalid, the remaining provisions thereof shall not fail but shall remain in full force and effect.
(c) All local laws, ordinances, rules and regulations, or parts or portions thereof that conflict or are contrary to any provision of this Local Law are hereby repealed.
RESOLUTION NO. 35 -3/10
RESOLUTION TO ACCEPT THE MINUTES
RESOLVED, to accept the minutes of the
Offered by Councilman, Harmer,
who moved its adoption.
THIS AGREEMENT dated as of the 1st
day of July 2010, by and between the TOWN BOARD OF THE TOWN OF YATES,
WHEREAS,
there has been duly established in said Town of Yates a Fire Protection
District embracing territory in the Town wholly outside of the Village of
Lyndonville. Such territory is more
fully described in a Resolution establishing the said district duly adopted by
the Town Board of the Town of Yates on
WHEREAS, following a public hearing duly called by the said Town Board, the Town was duly authorized to contract with the Village for fire protection to the said Fire Protection District upon terms and provisions hereinafter set forth,
NOW, THEREFORE, the Town does engage the Village to furnish fire protection to the Town of Yates Fire Protection District and the Village agrees to furnish such protection in the following manner, to wit:
1. The Fire Department of the Village shall at all times, during the period of this Agreement, be subject to all calls for attendance upon any fire occurring in the said Fire Protection District, and when so notified by alarm or telephone call from any person therein concerning a fire therein, the said fire department will respond and attend upon the fire without delay, with one or more companies and such suitable trucks, pumping and hose apparatus and ladders of the Village as may be necessary. Upon arriving at the scene of the fire, the firemen of the Village attending shall proceed to extinguish the fire and to the saving of life and property in connection therewith.
2. In consideration of the furnishing of the said aid and use of its apparatus, as foresaid, the Village shall receive from the Town a sum, calculated as hereinafter provided, for each fiscal year of the Village during the term of this contract. One-half of the payment shall be due in February and the remaining one-half shall be due in April.
One-half Payment Due One-half Payment Due
Village Fiscal Year On
or Before On or Before
(a) 2010-2011
(b) 2011-2012
(c) 2012-2013
(d) 2013-2014
(e) 2014-2015
The Town covenants and agrees, on behalf of the said Fire Protection District, to pay the sum, calculated as hereinafter provided.
3. The Village Clerk-Treasurer shall annually during the term of the Agreement, not later than the fifteenth (15th) day of August, file with the Town Budget Officer the sum, calculated as hereinafter provided, for the payment due in the ensuing calendar year.
The sum to be paid by the Town shall be calculated as follows:
The Village fire budget shall be allocated between the Town and the Village by using the following ratios:
Village Taxable Roll Town Taxable Outside Roll
Village Exempt Roll Town Exempt Outside Roll
Village
Total Assessment
Village % x Fire Budget = Village share
Town Outside % x Fire Budget = Town share
4. The parties hereto agree to form a joint Public Safety Committee comprised of two (2) Town Board members and two (2) Village Board members. The Public Safety Committee shall be charged with the planning and review of all issues relative to fire protection and ambulance services as well as other related public safety issues. The Village Fire Company shall annually develop the fire company budget and submit a recommended fire company budget to the Public Safety Committee. The Public Safety Committee shall receive and review the budget, and make any adjustments it deems appropriate. Such budget shall then be submitted to the Village Board for its review and inclusion in the Village budget. In the event of default by the Public Safety Committee, the Village Board shall use the prior year’s budget plus any increased contractuals.
5. The Village shall be responsible for any and all loss or damage to fire apparatus sustained in answering such fire calls and shall be further responsible for the payment of all claims for injuries to or death of firemen in connection with the said calls in such amounts and in such manner as if the calls were duly made within the Village of Lyndonville.
6. All moneys to be paid under any provision of this Agreement shall be charged upon the taxable property of the said district and collected by the Town along with the annual Town taxes.
7. Members of the Village Fire Department, while engaged in the performance of their duties in answering, attending upon or returning from any call provided by this Agreement, shall have the same rights, privileges and immunities as if performing the same within the Village of Lyndonville.
8.
This Agreement shall continue for a period of five (5)
years commencing
BE IT RESOLVED, there will be a
Public Hearing on this contract
Offered by Councilman Bradley who moved its adoption.
Seconded by Councilman Harmer.
Adopted; 3 ayes; 0 nays; 2 absent( Bentley and Rutledge)
RESOLUTION NO. 40-3/10
RESOLUTION TO APPROVE 3 JUNKYARD
LICENSES IN THE TOWN OF
WHEREAS, 3 renewal junkyard applications were received by the Code and Zoning Officer and
WHEREAS, the Code Officer has reviewed all 3 applications, be it
RESOLVED Junkyard licenses shall be issued to Terry Chaffee 1859 Murdock Road, Lyndonville NY 14098, Paul Lauricella 12469 Roosevelt Highway, Lyndonville New York and Debra Dunn 1848 Goodwin Road, Lyndonville NY 14098.
Offered by Councilman Bradley who moved its adoption.
Seconded by Councilman Harmer.
Adopted. 3 ayes; 0 nays; 2 absent (Rutledge and Bentley)
Local Law 1 of 2010 on Campers will be sent to the Orleans County Planning Board for their review before a vote is taken on this matter.
RESOLUTION NO. 41-3/10
RESOLUTION TO PAY BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as follows:
DA-Account 26,997.05
DB-
Accounts 940.05
Youth 800.00
Motion made by Bradley whereas there is no further business
to be brought before the Board at this time the meeting is adjourned at
Seconded by Councilman Harmer
Adopted 3 ayes; 0 nays; 2 absent (Bentley and Rutledge)
Town of
Brenda B. Donald
Town Clerk