TOWN OF YATES

REGULAR BOARD MEETING

PUBLIC HEARING
May 13, 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

Jerry Rutledge, Councilman

Bradley Bentley-Councilman

Brenda Donald- Town Clerk

David Schubel - Attorney

Michele Harling -Assessor

Dan Wolfe-Code & Zoning

OTHERS: Larry Wolfe-Resident

Phil Zimmerman-Resident

Steve Freeman-Planning Chairman

Paul Lauracella-Resident

Kenneth Dunn-Resident

R.W. Castricone- Resident

John Heveron-Resident

Linda Fisk-Resident

Pat O’Brien-Resident

Paul & Josette Lauze-Residents

Lynne Johnson-Legislature

The Supervisor explained that the public hearing was for preparation for the Phase 10 service area for Water District 4. The roads that will be serviced if possible are Ward Road, Goodwin Road and Woodworth Road. We have applied for funding from USDA. At the present time all moneys from the State are being held up because of the budget. But our application is in and this is part of the process.

RESOLUTION NO.57-5/10

RESOLUTION TO CLOSE PUBLIC HEARING.

WHEREAS, no persons requested to be heard, be it

RESOLVED, the Public Hearing be closed at 7: 08 P.M.

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Bradley

Adopted, 5 ayes;0 nays

RESOLUTION NO. 58-5/10

RESOLUTION TO ACCEPT THE MINUTES

RESOLVED, to accept the minutes of the April 8,2010 and April 26,2010 meetings. as presented to each Board Member.

Offered by Councilman, Harmer, who moved its adoption.

Seconded by Councilman Rutledge

Adopted. 5 Ayes; 0 nays;

Privilege of the Floor

1- Paul Lauze-the Lake property owners are in the process of forming an association. In the future we will be discussing issues we have and bringing them to the Town Board.

2- Pat O’Brien- Camping regulations have stayed the same who’s decision was that?

Supervisor Belson explained that the regulations were left the same until more studies have been done, by the Planning Board and the Town Board. In order to make any changes at this time it would have had to have a new public hearing with changes stated. The Board feels a lot more work and investigation needs to be put into this issue.

3- Pat O’Brien- do these camping units on vacant land receive a garbage charge?

Assessor-There is no garbage charge on vacant land only on land with improvements.

4- R. Castercone- Have you heard anything on Countywide Cable- There was a meeting last week with the 10 towns and Cable. Did not receive much information from Cable.

New Business-

Snow and Ice renewal extension

AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE AGREEMENT

This Agreement made this 13^th day of May, 2010 by and between THE PEOPLE OF THE STATE OF NEW YORK (hereinafter referred to as “STATE”), acting by and through the Commissioner of Transportation of the State of New York (hereinafter referred to as “COMMISSIONER”). And the TOWN OF YATES,Orleans County NY (hereinafter referred to as “MUNICIPALITY”) as follows:

WHEREAS, the COMMISSIONER and the MUNICIPA:ITY have entered into an Agreement No. D009747 entitled “Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of Town of Yates” Dated October 26,1995; and

WHEREAS, the term of the said Agreement is for a period of three years commencing July 1,1994 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year; and

WHEREAS, the present term of the Agreement, as extended expires June 30,2011; and

WHEREAS, Section 7 of the said Agreement provides that the COMMISSIONER shall furnish the MUNICIPALITY with a suitable map for each term of the agreement, or for any extended term thereof, modified to show changes, if any, to the State Highways affected by this Agreement.

WHEREAS, Section 9 of the said Agreement provides for an annual update of the estimated expenditures to be determined by the COMMISSIONER subject to the provisions of Section 9 at the time for extension of the Agreement:

WHEREAS, Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based on the intensity and security of the winter season

NOW THEREFORE, in consideration of the mutual covenants and benefits between the parties, WITNESSETH:

1. The aforementioned “Indexed Lump Sum Snow and Ice Agreement Between New York State Department of Transportation and the “MUNICIPALITY, is hereby extended for a period of one year: now to expire on June 30,2012 unless further extended.

2. The State Highways or parts thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY, which shall be effective for the remainder of the term of the Agreement commencing July 1,2011 unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY.

3. All the terms and conditions of the original contract remain in effect except as follows. The indexed lump sum estimated expenditure specified in Section 9 of the aforementioned Agreement shall be $5,533.3738 per lane mile for 21.72 lane miles for a total of $120,184.88 for the 2009/10 season and for remainder of the term of the Agreement commencing July 1, 2009 unless changed by future updates.

IN WITNESS WHEREOF, This Agreement has been executed by the State, acting by and through the duly authorized representative of the COMMISSIONER and the MUNICIPALITY which has caused this Agreement to be executed by its duly authorized officer on the date and year first above written. CERTIFICATE CONTRACT # D009747

RESOLUTION NO.59-5/10

RESOLUTION TO EXTEND STATE SNOW AND ICE AGREEMENT

WHEREAS, the Town Board of the Town of Yates on May 13,2010 makes resolution to approve the Snow and Ice Contract No.D009747 between the State of New York and the Town of Yates for snow and ice control which will expire on June 30,2010 unless further extended. The contract will be for $120,184.88.

BE IT RESOLVED the Supervisor is hereby authorized to sign this agreement.

Offered by Councilman Harmer who moved its adoption.

Seconded by Councilman Bradley.

Adopted. 5 ayes; 0 nays.

RESOLUTION NO.60-5/10

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 of 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 12,450 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 portions of Goodwin Road and Ward Road and approximately 1,200 linear feet of 6” PVC watermain, hydrants and upper tenancies along Woodworth Road in the Town (referred to herein as the “Phase 10 Water Improvement”); at a total cost to the District not to exceed $604,983.00 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 $453,737.00 grant funds from USDA Rural Development are authorized to be applied towards the cost redemption of the Town’s obligations issued to finance the Phase 10 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 May 13, 2010 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 13^th day of May, 2010 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 $604,983.00 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 $604,983.00, 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 $453,737.00 grant funds from USDA Rural Development 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.

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Harmer.

Adoted 5 ayes;0 nays

The Single audit for the Town is complete for the fiscal year 2009

RESOLUTION NO. 61-5/10

RESOLUTION ACCEPTING SINGLE AUDIT

WHWEREAS, a single audit for the year January 1, 2009-December 31,2009 has been completed by Amato,Fox and Company PC, be it

RESOLVED, that the Town of Yates accepts the single audit for the Town of Yates as completed.

Offered by Councilman Harmer,who moved its adoption

Seconded by Councilman Rutledge.

Adopted. 5 ayes;0nays

RESOLUTION NO.62-5/10

RESOLUTION TO ADOPT BUDGET TRANSFERS

WHEREAS, the board desires to reserve monies in the Designated Fund Balance for Machinery & Equipment, be it

RESOLVED, that from Account 0909.0DA-(Fund Balance Unreserved) $150,000 be transferred to 0911.0DA Designated Fund Balance for Machinery & Equipment and be it further

RESOLVED, that from account 0909.0DB (Fund Balance Unreserved) $15,000 be transferred to 0911.0DB Designated Fund Balance for Machinery & Equipment.

Offered by Councilman Harmer who moved its adoption

Seconded by Councilman Bradley

Adopted. 5 ayes;0nays

Town Officers report

Code and Zoning

Assessor Grievance day will be May 27, 2010

RESOLUTION NO.63-5/10

RESOLUTION TO PAY BILLS

WHEREAS, bills have been reviewed by the Town Board, be it

RESOLVED to pay bills as follows:

A-Account— 23,725.04

B-Account 3,085.29

DA-Account 7,623.89

DB- Accounts 21,412.62

Water 4 2,228.90

Water 2 10,837.74

TOTAL 68,913.48

Offered by Councilman Rutledge. who moved its adoption.

Seconded by Councilman Bradley.

Adopted. 5 ayes; 0 nays

Motion made by Councilman Harmer,as there was no more business to discuss the meeting be closed at 7:40 P.M.

Seconded by Councilman Bentley

Adopted. 5 ayes; 0 nays

Brenda B. Donald

Town Clerk

Town of Yates