TOWN OF YATES
REGULAR BOARD MEETING
PUBLIC HEARINGS
JULY 12,2012
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
Wes Bradley-Councilman
Steve Freeman-Councilman
Rick Harmer-Councilman
Bradley Bentley-Councilman
Brenda Donald-Town Clerk
Dan Wolfe- Code & Zoning
Michele Harling- Assessor
OTHERS Andrew Meier-Town Attorney
Larry Wolfe-Resident
Paul Lauricella-Resident
Karen Brown-Resident
The Supervisor opened Public Hearing on Local Law # 1 (Local Law for Providing for Water Conservation and Water Use Restrictions. Attorney Andrew Meier explained the Local Law.
Karen Brown asked if watering flowers would be allowed.
Councilman Bradley you can water with a water can but would not be allowed to have a sprinkler going in the time of a water emergency.
Paul Lauricella as how this would be enforced.
Supervisor Belson stated that it would be publically announced that a water emergency is in effect and that no unnecessary water use would be allowed. This is a law to give us the right to announce a water emergency if needed.
RESOLUTION NO.59-7/12
RESOLUTION TO CLOSE PUBLIC HEARING ON WATER CONSERVATION AND WATER USE RESTRICTIONS
WHEREAS, everyone requesting to be heard was allowed to be heard and no other persons request to be heard, be it
RESOLVED, to close the Public Hearing on Water Conservation and Water Use Restrictions at 7:10 P.M.
Offered by Councilman Bentley who moved its adoption.
Seconded by Councilman Bradley
Adopted 5 Ayes; 0Nays
Privilege of the Floor
Karen Brown- I have called and asked about my ditch on Alps Road and have had no response.
Supervisor Belson will contact Highway Superintendent Roger Wolfe and have him contact you.
Public Hearing on Local Law # 2 (Establishing Position of Alternate Planning Board Member and the Conditions Under Which the Member May Serve) opened at 7:15 P.M.
Attorney Andrew Meier explained the Local Law
Paul Lauricella – Stated that he has gone to quite a few Planning Board meetings and feels that alternates should attend meetings. Also added that he feels the Planning Board of Yates is willing to work with the residents.
Councilman Bradley stated that putting this Local Law in to effect will help with the attendance of an alternate
RESOLUTION NO. 60-7/12
RESOLUTION TO CLOSE PUBLIC HEARING ON LOCAL LAW #2
WHEREAS, everyone requesting to be heard was allowed to be heard and no other persons request to be heard, be it
RESOLVED to close the Public Hearing at 7:18 P.M.
Offered by Councilman Harmer who moved its adoption
Seconded by Councilman Freeman
Adopted 5 ayes; 0 nays
Open Public Hearing on Local Law #3 (Local Law establishing position of alternate Zoning Board of Appeals Member and Conditions under which the Member May Serve at 7:20 P.M.
Attorney Andrew Meier explained the Local Law
No Persons requested to be heard.
RESOLUTION NO.61-7/12
RESOLUTION TO CLOSE PUBLIC HEARING ON LOCAL LAW No.3
WHEREAS, everyone requesting to be heard was allowed to be heard and no other persons request to be heard, be it
RESOLVED to close the Public Hearing at 7:25P.M.
Offered by Councilman Harmer who moved its adoption
Seconded by Councilman Bentley
RESOLUTION NO.62-7/12
RESOLUTION TO ACCEPT RESIGNATION OF ED MICHELS FROM THE PLANNING BOARD
WHEREAS, Ed Michels has sent a resignation letter, resigning as an alternate Planning Board Member due to ill health, be it
RESOLVED the Town of Yates accepts this resignation with regrets.
Offered by Councilman Freeman who moved its adoption
Seconded by Councilman Bentley
Adopted. 5 ayes;0 nays
Attorney Andrew Meier the resolution to establish a single Town Court for the Towns of Shelby, Ridgeway and Yates and this will be voted on in the November election.
RESOLUTION NO. 63-7/12
JOINT RESOLUTION TO ESTABLISH SINGLE TOWN COURT
FOR TOWNS OF SHELBY, RIDGEWAY
AND YATES
WHEREAS, section 106-a of the
Uniform Justice Court Act of the State of New York authorizes the town boards
of two or more towns that form a contiguous geographic area within the same
county to reduce the number of justices in their respective towns and to
establish a single town court to be comprised of town justices one to be
elected from each of such contiguous towns, and
WHEREAS, the Towns of Shelby
and Ridgeway completed the process set forth in section 106-a to establish a
single town court, which was approved by the electors of both towns at
referendum and became effective on January 1, 2004, and
WHEREAS, the Town of Yates now
wishes to join its town court with the consolidated town court for the Towns of
Shelby and Ridgeway, and
WHEREAS, pursuant to
subdivision 4 of section 106-a, the Town Board of the Towns of Yates has prior
to the adoption of this resolution reduced the number of justices to one, and such
resolution has become effective,
WHEREAS, the Town Boards of the
Towns of Shelby, Ridgeway and Yates each adopted a resolution initiating the
procedure to provide for the extension of the geographic jurisdiction of their
respective town justices to include the area of such towns and also to provide
for an orderly transition subject to the approval of the electors of each town
as authorized by law, and
WHEREAS, upon due notice, a
joint public hearing was held on June 12, 2012 by the Town Boards of the Towns
of Shelby, Ridgeway and Yates to hear testimony and receive evidence and
information on the resolutions to establish a single town court, and
WHEREAS, due deliberation
having been had, now, therefore, be it
RESOLVED, that the Town Board
of the Town of Yates hereby approves a joint resolution with the Towns of
Shelby and Ridgeway, the towns being contiguous within the County of Orleans,
New York, to implement a plan to join the Yates Town Court with the
consolidated court for the Towns of Shelby and Ridgeway by establishing a
single town court and providing that the justices in each town shall have
jurisdiction in each contiguous town to the same extent as if each justice was
elected in each contiguous town, and be it further
RESOLVED, that each town will
continue to pay the salary of its own justice, and that said justice still will
be elected by the town and will be considered the town justice even though his
jurisdiction is extended by section 106-a to include the contiguous towns, and
be it further
RESOLVED,
each town justice exercising jurisdiction in accordance with this plan shall
keep a separate set of records and dockets for each town in which he exercises
jurisdiction and such justice shall also maintain a separate bank account for
each town for deposit of moneys received when exercising jurisdiction in each
town, and be it further
RESOLVED, that the within joint
resolution setting forth the plan for a consolidated justice court as provided
hereinabove shall be submitted to the electors of each town at the next general
election occurring on November 6, 2012, and if approved,
the plan shall take effect on January 1, 2013.
Offered by Councilman Bradley
who moved its adoption
Seconded by Councilman
Freeman
Adopted 3 ayes 2 nays
(Bentley, Harmer)
RESOLUTION
NO.64-7/12
RESOLUTION TO ACCEPT LOCAL
LAW NO. 1 of 2012 (PROVIDING FOR WATER CONSERVATION AND WATER USE
RESTRICTIONS
BE IT RESOLVED to accept
Local Law No. 1 of 2012 as follows:
Local
Law No. 1 of the year 2012.
A
local law known as A Local Law Providing for Water Conservation and Water Use
Restriction
(Insert
Title)
Be
it enacted by the Town Board of the (Name of Legislative Body)
County
City
of Yates, Orleans County, New York as follows:
Town
Village
A LOCAL LAW PROVIDING FOR WATER CONSERVATION
AND WATER USE RESTRICTION
Section 1. The purpose of this Local Law is to
enable the Town of Yates to exercise due authority to mandate such measures as
are necessary to reduce the consumption of water within the Town’s service area
to preserve an adequate supply of water to meet the customers' basic needs.
Section 2. In the event a water emergency is
declared by the Village of Lyndonville Superintendent of Public Works pursuant
to the village’s laws and ordinances, water conservation or water use
restriction will be implemented. The Supervisor or his designee may make a
public announcement through use of radio, television, newspapers and other
available media. Water use restrictions as set forth hereinafter in Section 3
will be implemented by the Supervisor in consultation with the Town Highway Superintendent . The restrictions will vary depending upon
the severity of the emergency and will be dependent upon the circumstances at
the time of implementation. Water conservation and water use restrictions will
remain in effect until such time as the emergency ceases. The Supervisor may notify
all media for appropriate announcements.
Section 3. In the event of an emergency, priorities for potable water use
will be put into effect in three stages. The three stages are as follows:
Stage I.
A. No Person or entity shall cause, permit or allow:
2
1.
The continuing of any leak or waste from any water pipe, valve, faucet,
conduit, equipment, facility or device connected to the water system, or which
utilizes water, on or in any premises owned, leased, managed, operated or
controlled by such person or entity.
2.
The washing of any vehicle by means of a hose, fire hydrant, or other active
source connected to the water system.
3.
The washing of any street, sidewalk, driveway, outdoor areaway, outdoor steps,
building exterior or other structure by means of a hose, fire hydrant, or other
active source connected to the water system.
4.
The use of water from the water system for any ornamental purpose, including
but not limited to use in fountains, artificial waterfalls, reflecting pools,
lakes and ponds.
5.
The use of water from the water system to water any lawn, ornamental shrub,
plant or tree, except that:
a.
Water may be used to water any lawn, tree, shrub, or garden, from 4:00 a.m. to
5:00
a.m. and 9:00 p.m. to 10:00 p.m.
b.
Water may be used at any time to irrigate, from a hand held container,
vegetables or
fruits grown for human consumption.
6.
The opening or use of any fire hydrant, or of the water therefrom,
for any purpose other than fire protection except in accordance with a permit
obtained from the Town Highway Superintendent and only for the period of and
the purpose authorized by such permit and in strict adherence to all terms and
conditions set forth therein.
7.
The operation of any air conditioning system utilizing water from the water
system in a cooling tower, unless within 30 days from the effective date of
this regulation, a separate meter is installed to continuously measure the flow
of water to the cooling tower.
8.
Operate any air condition system in excess of two tons of rated capacity or
greater or any refrigeration unit rated at 10 horsepower or greater using water
from the Village water system, unless such air conditioning system or
refrigeration unit is equipped with a water recirculating
device approved by the Town Highway Superintendent and;
9.
The use of water from the water system to fill or maintain the water level in
any swimming pool, except that, provided the pool is operated with recirculating equipment, water may be used to fill the pool
once during each calendar year, and thereafter may be used as necessary to
maintain the water level in such pool.
Stage 2.
If,
at any time the Town Highway Superintendent determines that the measures set
forth under Stage 1 of this regulation have not resulted in a sufficient level
of conservation in light of existing water supply conditions, a Stage 2
emergency may be declared by the Town Highway Superintendent. Upon declaration
of a Stage 2 emergency in addition to these measures set forth hereinabove:
3
A. No person or entity shall cause, permit or allow:
1. The user of water from the water system to fill or maintain the
water level in any swimming pool;
2. The use of water from the water system to water any lawn,
ornamental shrub or plant, except that water may be used to irrigate, from a
handheld container only, vegetables or fruits grown for human consumption.
Stage 3.
If, after the imposition of the measures set forth in Stage 2 of
this regulation the Highway Superintendent finds that water consumption must be
further reduced, a Stage 3 emergency may be declared by the Highway
Superintendent. In addition to the measures set forth hereinabove:
A. All nonresidential users of water from the water system shall
reduce their consumption by no less than 25%;
B. All users, both residential and nonresidential, shall install
water flow restricting devices in all shower heads; and
C. All air conditioning systems utilizing water from the water
system shall be operated only in accordance with hourly restrictions
established by the Highway Superintendent.
Section 4. Violations
of this Local Law shall be punishable by fines and penalties.
A. In addition to any penalties which may be imposed where a leak
and waste notice has been served and the condition to which such notice relates
has not been corrected, a penalty
of up to Two Hundred Fifty ($250.00) Dollars may be imposed by the Town Board
and added to the water rents relieved on the tax bill.
B. Water service may be terminated for violation of any provision
of this regulation or for any waste of water.
Section 5. Upon
the application of any person or entity, the Highway Superintendent or the Town
Board may at their discretion grant a variance relieving such person or entity
from compliance with any of the requirements of this regulation, if such person
or entity demonstrates to the satisfaction of the Town Board or Highway
Superintendent (1) that undue hardship would otherwise result; (2) that there
are no possible alternatives; (3) that the applicant has taken and will take
all possible measures to conserve water, with a complete description of such
measures and the water savings to be effected and (4) that such variance is not
inconsistent with the purpose of the emergency measure. In connection with any
variance which may be granted, the Highway Superintendent shall impose such
terms and conditions as they deem appropriate.
Section 6. This Local Law shall take effect immediately upon filing in
accordance with the provisions of the Municipal Home Rule Law of the State of
New York
Offered
by Councilman Bentley who moved its adoption
Seconded
by Councilman Bradley
Adopted
5 ayes; o nays
RESOLUTION
NO.65-7/12
RESOLUTION
TO ACCEPT LOCAL
LAW NO.2 of 2012( RESOLUTION ESTABLISHING POSITION OF ALTERNATE PLANNING BOARD
MEMBER AND THE CONDITIONS UNDER WHICH THE MEMBER MAY SERVE
BE IT RESOLVED to accept Local Law No.2. of 2012 as follows:
A LOCAL LAW ESTABLISHING
POSITION OF ALTERNATE PLANNING BOARD MEMBER AND THE CONDITIONS UNDER WHICH THE
MEMBER MAY SERVE
Section 1. The purpose
of this Local Law is to establish the position of alternate planning board
member and identify the conditions under which the alternate member may serve.
Section 2. The
position of alternate planning board member is hereby established pursuant to
subdivision 15 of section 271 of the Town Law. The term of office of the
alternate planning board member shall be for 2 years, running from January 1 of
each odd year to December 31 of each even year. The position shall be created
as of the adoption of this local law, and appointments shall be made by the
Town Board in accordance with subdivision 15 of section 271 of the Town Law.
Section 3. The
alternate planning board member may substitute for a planning board member in
the event of a conflict of interest, and also when the member is absent,
whether as a result of illness, incapacity, vacancy in office, or otherwise.
Section 4. Pursuant to
section 22 of the Municipal Home Rule Law, with respect to the provisions set
forth in Section 3 of this local law, and to the extent provided therein, it is
the intent of the Yates Town Board to supersede subdivision 15 of section 271
of the Town Law, as enacted in 1963 and contained in Chapter 36-a of the
Consolidated Laws of the State of New York.2
Section
5. This Local Law shall take effect immediately upon
filing in accordance with the provisions of the Municipal Home Rule Law of the
State of New York
Offered by Councilman Harmer
who moved its adoption
Seconded by Councilman
Freeman
Adopted. 5 ayes;0 nays
RESOLUTION
NO. 66-7/12
RESOLUTION
TO ACCEPT LOCAL
LAW NO.2 of 2012( RESOLUTION ESTABLISHING POSITION OF ALTERNATE ZONING BOARD OF
APPEALS MEMBER AND THE CONDITIONS UNDER WHICH THE MEMBER MAY SERVE
BE IT RESOLVED to accept Local Law No.3. of 2012 as follows:
A LOCAL LAW ESTABLISHING POSITION OF ALTERNATE ZONING BOARD OF
APPEALS MEMBER AND CONDITIONS UNDER WHICH THE MEMBER MAY SERVE
Section 1. The
purpose of this local Law is to establish the position of alternate zoning
board of appeals member and identify the conditions under which the alternate
may serve.
Section 2. The
position of alternate zoning board of appeals member is hereby established
pursuant to subdivision 11 of section 267 of the Town Law. The term of office of the alternate zoning
board of appeals member shall be for 2 years, running from January 1 of each
odd year to December 31 of each even year.
The position shall be created as of the adoption of this local law, and
appointments shall be made by the Town Board in accordance with subdivision 11
of section 267 of the Town Law.
Section 3. The
alternate zoning board of appeals member may substitute for a zoning board of
appeals member in the event of a conflict of interest, and also when the member
is absent, whether as a result of illness, incapacity, vacancy in office, or
otherwise.
Section 4.
Pursuant to section 22 of the Municipal Home Rule Law, with respect to the
provisions set forth in Section 3 of this local law, and to the extent provided
therein, it is the intent of the Yates Town Board to supersede subdivision 11
of section 267 of the Town Law, as enacted in 1991 and contained in Chapter
36-a of the Consolidated Laws of the State of New York.
Section 5.
This local law shall take effect immediately upon filing in accordance with the
provisions of the Municipal Home Rule Law of the State of New York
Offered by Councilman Bentley who moved its adoption
Seconded by Councilman Harmer
Adopted 5 ayes;0 Nays
Some Water District 4
properties have been exempt from charges due to multiple reasons such as
receiving water from other entities, municipal owned land, cemeteries,
non-conforming lots, right-of-ways and agricultural land etc. Municipal Solutions felt the need for a
resolution to formally exempt these properties.
RESOLUTION NO.67-7/12
RESOLUTION EXEMPTING CERTAIN
PROPERTIES FROM WATER DISTRICT 4 WATER CHARGES.
Whereas,
the Assessor has identified certain parcels within the geographic boundaries of
Water District 4, a list of which are
attached and incorporated into the official minutes, which should be exempt
from Water District 4 charges, and
Whereas,
the reasons for the exemptions as for each individual parcel are set forth on
such list, and
Whereas,
the Town Board wishes to formally exempt said properties from Water District
4, charges
Now,
therefore, be it
Resolved
that the Town Board hereby exempts the parcels on the attached list prepared by
the Assessor from Water District 4 charges, and be it further
Resolved,
that the Assessor is authorized and directed to take such steps as necessary to
implement the exemption as to each of the properties identified on such list.
Offered
by Councilman Bentley who moved its adoption
Seconded by Councilman Harmer.
Adopted
5 ayes; 0 nays
Code and Zoning Officer-Dan
Wolfe will be working with property maintenance
Has been
working on Campers getting them to apply for camping permits.
Councilman Bentley asked if
they are coming in for permits and Dan Wolfe stated he had sent letters and
some had come in.
Councilman Freeman stated he
has seen approximately 35 campers on the lake area.
Shelly Harling Assessor-
working on 2013 updates
Councilman Bradley- Thanked
Shelly for all her work on the list for the exempt property on Water District
4.
Councilman Bradley stated that
an E-Waste program will have a site at the Penney Saver Market in the old Ice
Cream shop. This should be open by August.
Councilman Bentley- talked with
the County Highway and we should be able to get some ditching done this year.
RESOLUTION NO.68-7/12
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as follows:
A-Account-General 24,632.01
B-Account-General 2,940.03
DA-Account 4,347.58
DB-Account 18,898.22
Water 4 Account 72,086.45
Water 2 10,342.22
TOTAL 133,246.51
Seconded by Councilman Bradley
Adopted.5 ayes 0 nays;
Adjournment
Moved by Councilman Bradley, Whereas there is no new business to be brought before the Board that the meeting be adjourned at 7:40P.M.
Seconded by Councilman Bentley
Vote 5 ayes; 0 nays
Brenda B. Donald
Town Clerk
Town of Yates