TOWN OF YATES

REGULAR BOARD MEETING

PUBLIC HEARING
MARCH 11,2010

 

 

The Meetings 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: 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

                                                                        41 State Street, Albany, NY 12231

                                    (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     Yates,  Orleans County, New York

                        Town

                        Village

 

                                                Local Law No.                        1               of the year 2010.

 

A local law                             Amending the Zoning Local Law of the Town of Yates                                                   

                                                                  (Insert Title)                                                                           

 

Be it enacted by the                                    Town Board                              of the                                                                             (Name of Legislative Body)

 

                        County

                        City      of               Yates, Orleans County            as follows:

                       Town

                        Village

 

A Local Law Amending the Zoning Local Law of the Town of Yates

 

SECTION 1.   The purpose of this Local Law is to amend the Zoning Local Law of the Town of Yates as hereinafter provided.

 

SECTION 2.  Article VI, Section 625 Camping Unit/Recreational Vehicle, of the Zoning Local Law of the Town of Yates is hereby amended by revising and amending Section 625 to read as follows:

 

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.

                                   

The Supervisor then ask for comments from the floor:

 

Ken Adams-Is there a problem with RV’S?

 

Supervisor Belson- there is a camping law that is in effect at the  present time. But it is impossible to enforce.  This new change would make it easier to keep a handle on things.

 

John Heveron- My home is assessed for 260 thousand dollars and I live next to a camping trailer.

 

Pat O’Brien-Are existing trailers included in this?

 

Dan Wolfe Code and Zoning- we are not talking about single wides this is for camping units and RV’s.  Once a single wide is removed it can not be replace with another single wide.

 

Cinnamon Soehner- You disallow singles yet allow RV’s for 5 months instead of building a home.  How is this the greater interest of the people?

 

Rick Harmer-Councilman- The purpose is to make it easier for people that own land and can not afford a new home to have use of their land.

 

Sarah O’Brien- I think there should be a fee for the permit to make sure people take care of the property.

 

Supervisor Belson- There is a section about leaving the  lot as it was.

 

Sarah O’Brien- I am talking about keeping the grass mowed and not having garbage all over.

 

Mike Taylor- I bought property in 2003 I do not have enough money to build a home.  I have a 40 foot RV.  I keep the grass cut and have fruit trees.  If I have to move it I will.  Would like the Dates to be May 15 thry October 15, because of the wetness on some properties.

 

Linda Fisk—Mike has a beautiful place.

 

David Shimo- I feel I have as much right to use my property as anyone else.  I feel this is foolish.

 

Kathy Castronova-  Why not assess them at a higher level.

 

Michele Harling Assessor- They are considered personal property and are not assessable.

 

Wes Bradley- Councilman-  The primary difference I can see in the current ruling compared to the proposed ruling is the change so there is a defined camping season, not just 30 days.  As far as the enforcement section G. and H. clarify the previous law.

 

Sarah O’Brien- I heard comments that there are people that can only excess their property part-time.  You own it year round we made arrangements and bought a tractor so we could excess our property all year.

 

Steven Adams- You mean it is alright to pay taxes on my property all year but you will only let me use it part-time.

 

Rick Harmer- Councilman- What we tried to do is be fair.  Some people cannot afford to build a new home but own a lot.

 

Joan Zimmerman- We added to our cottage as needed and as we could afford to.  Some people can only afford a camper.

 

Rick Harmer-Councilman- The State says no seasonal homes New homes have to be a year round dwelling.

 

 Slawomir Majorowski- made statement on taxes and assessment.

 

Joanne Zimmerman- there was a comment on keeping up the land, many cottages don’t keep up there land.

 

Paul Lauricella Jr.- With the high taxes you should be able to use your property any way you want.  Government should be doing everything they can to ave people money.

 

Pat O’Brien- can an owner just let anyone come and place a camper on their land.

 

Belson Supervisor- This could happen.

 

Ralph Smith- Do Somerset and Carlton allow camping units?

 

Dan Wolfe Code Officer- Carlton and Somerset do not allow Campers.

 

Dave Soehner- People that have build homes have huge taxes.

 

Paul Lauricella- I have nothing to gain either way.  I feel  the consensus of the remarks is that (we don’t want those people here)  You can not have perfect people you are always going to have junkies, you can not perfect  humanity.

 

Pat O’Brien- if a lot is non-conforming are setbacks decreased.

 

Dan Wolfe- Code & Zoning- If a lot is non-conforming setbacks are decreased according to the zoning regulations.

 

 

Kathy Castronova- We plan to build but right now all we have is a 5th wheel.  We have monthly payments for it and also pay property taxes.

 

 

Close Public Hearing

 

RESOLUTION NO.34-3/10

 

RESOLUTION TO CLOSE PUBLIC HEARING

 

WHEREAS person that wanted to speak was allowed the opportunity, be it

 

RESOLVED the Public Hearing be closed at 8:00 P.M.

 

Offered by Councilman Harmer who moved its adoption.

Seconded by Councilman Bradley.

 

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

 

Privilege of the Floor:

 

Paul Lauricella,  read the following  and asked that it be put in the official minutes, and if a law could be made

 

Anyone who has a complaint either against the Town of Yates or a resident of the Town, must come in and   file a signed complaint in writing.  This complaint then becomes public information.  The accuser will be known to the accused.  The code enforcement officer can not act on a complaint unless there is at least 5 signed complaints or at least 2 from immediate neighbors effected.  This will eliminate the anminous phone callers who lives in another area but feel the need to complain about something that does not affect them.  This will also make one think twice about minding others business if the accuser is known and has to sign their name to a legal document.  This will teach people to become more tolerant of others and put local government back toward a more constitutional form and not the property police or referee to all disputes and complaints.  The more government does the less people will do on their own.  Government was never intended to be this involved in its citizens lives not in the USA.

 

 

 

 

 

RESOLUTION NO. 35 -3/10

 

RESOLUTION TO ACCEPT THE MINUTES 

 

RESOLVED, to accept the minutes of the February 11,2010 regular meeting and Organizational Meeting. as presented to each Board Member.

 

Offered by Councilman, Harmer, who moved its adoption.

Seconded by Councilman Bradley 

  

 Adopted.  3 Ayes; 0 nays; 2 Absent (Bentley Rutledge)

 

RESOLUTION NO.36-3/10

 

RESOLUTION ON APPLICATION TO RURAL DEVELOPMENT FOR WATER DISTRICT 4 PHASE 10

 

WHEREAS, a joint application between the Town of Yates and the Town of Ridgeway was filed with Small Cities and denied, and

 

WHEREAS, Rural Development has shone an interest in helping the project but will only do this if the project is divided between the Town of Yates and the Town of Ridgeway for the improvements in their own Towns, be it

 

RESOLVED, the Town Board of the Town of Yates hereby authorizes Stuart I Brown Associates to separate the projects between the 2 towns and apply for funding through Rural Development, be it further

 

RESOLVED, the Town of Yates Water District# 4 Phase 10 service area will be 6.700 feet on the Goodwin Road, 5,570 feet on the Ward Road and 1,200 feet on the Woodworth Road.

 

Offered by Councilman Bradley who moved its adoption.

Seconded by Councilman Harmer.

 

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

 

Received information from EDA that Orleans County and 12 Villages and Towns are pursuing funding from New York State for study on sharing government services.

 

RESOLUTION NO.37-3/10

 

RESOLUTION AUTHORIZING THE TOWN OF YATES TO SERVE AS CO-APPLICANT ON THE ORLEANS COUNTY GRANT SUBMISSION TO THE NEW YORK STATE DEPARTMENT OF STATE LOCAL GOVERNMENT EFFICIENCY PROGRAM TO FUND A STUDY EXAMINING COST AND SERVICE IMPACTS OF PROVIDING WATER SERVICES ON A COUNTYWIDE BASIS.

 

WHEREAS, the New York Department of State Local Government Efficiency Program offers grant funding to local jurisdictions to study the cost savings and service impacts of sharing government services across jurisdictions; and

 

WHEREAS, the Town of Yates is dedicated to providing high quality government service delivery to local residents in a cost effective manner; and

 

WHEREAS, Orleans County and the Towns and Villages therein have an interest in examining potential cost savings and services impacts to taxpayers that may result from a County-wide approach to the provision of water services; and

 

WHEREAS, certain Towns and Villages within Orleans County have expressed an interest in a County-wide approach to the provision of water services; and

 

WHEREAS, Orleans County desires to submit a grant application to the Local Government Efficiency grant program in the amount of $35,000, proceeds of which would be used to engage an expert and independent evaluation of the cost impacts of sharing water services; and

 

WHEREAS, the outcome of the study will be used to inform local leaders and residents about cost and services implications of water service delivery options available to the community:

 

NOW THEREFORE BE IT RESOLVED, by the Town of Yates Town Board as governing body of the Town of Yates, does hereby support an application as Co-Applicant to the County of Orleans for funds from the New York State Local Government Efficiency Grant Program for the 2009-2010 Program Year for the purpose of conducting a study of the service and cost implications of sharing water services, and

 

BE IT FURTHER RESOLVED, that the Town Clerk shall file a certified copy of this resolution with the Local Government Efficiency Grant Program by no later than March 31,2010 and that the Town Clerk shall provide a certified copy of this resolution to Camoin Associates, the County’s grant writing consultant, by no later than March 26,2010

 

Offered by Councilman Harmer who moved its adoption.

Seconded by Councilman Bradley

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

 

RESOLUTION NO.38-3/10

 

RESOLUTION TO ACCEPT MOWING CONTRACT

 

WHEREAS, the Town of Yates Mowing Contract for the cemeteries and the park is renewable by consent from both parties, and

 

WHEREAS, Leland Boyce Sr. has requested to do the mowing again this year at the   price of $15,000, which is the same price as last year, be it

 

RESOLVED, the Supervisor shall sign the agreement with Lee Boyce.

 

Offered by Councilman Harmer, who moved its adoption.

Seconded by Councilman Bradley.

 

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

 

 

 

RESOLUTION NO.39-3/10

 

RESOLUTION TO HOLD PUBLIC HEARING ON FIRE CONTRACT

 

WHEREAS, a new five year contract has been presented to the Town Board as follows:

 

            THIS AGREEMENT dated as of the 1st day of July 2010, by and between the TOWN BOARD OF THE TOWN OF YATES, ORLEANS COUNTY, NEW YORK, hereinafter designated as “TOWN”, and the VILLAGE OF LYNDONVILLE, ORLEANS COUNTY, NEW YORK, hereinafter designated as “VILLAGE”.

            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 March 10, 1937, and

            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                                       February 28, 2011                     April 30, 2011

(b)  2011-2012                                        February 28, 2012                     April 30, 2012

(c)  2012-2013                                        February 28, 2013                     April 30, 2013

(d)  2013-2014                                        February 28, 2014                     April 30, 2014

(e)  2014-2015                                        February 28, 2015                     April 30, 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 IDA Exempt Roll                       _____________________

Total Village Assessment                     Total Town Assessment

 

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     July 1, 2010 and terminating June 30, 2015.

 

BE IT RESOLVED, there will be a Public Hearing on this contract April 8,2010 at 7:00 P.M at the Town Hall 8 South Main Street Lyndonville NY.

 

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 YATES

 

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:

 A-Account—      30,201.57             
B-Account               744.71         

DA-Account       26,997.05

DB- Accounts         940.05

Water  4              16,909.15

FIRE                    40,900.00

Youth                       800.00

                          

 TOTAL   117,492.53   

 

Offered by Councilman Harmer who moved its adoption.

Seconded by Councilman Bradley.

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

 

 

Motion made by Bradley whereas there is no further business to be brought before the Board at this time the meeting is adjourned at 8:20 P.M.

Seconded by Councilman Harmer

 

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

 

 

Town of Yates

 

 

 

Brenda B. Donald

 

Town Clerk