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

 

 

Offered by Councilman Harmer who moved its adoption

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