TOWN OF YATES

REGULAR BOARD MEETING

PUBLIC HEARING
April 8,,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

                                                     

                                                     Brenda Donald- Town Clerk

                                                     David Schubel - Attorney

                                                     Michele Harling -Assessor

                                                     Dan Wolfe-Code & Zoning

                                                     Roger W. Wolfe, Highway/Water Superintendent

OTHERS:                                    Larry Wolfe-Resident

                                                     Phil Zimmerman-Resident

                                                     Don Lamay-Planning Chairman

                                                     Paul Lauracella-Resident

                                                     Lynne Johnson-Legislature

 

 

The Public Hearing for the Fire Contract was opened to the public a notice was placed in the Medina Journal as follows:

NOTICE OF PUBLIC HEARING

 

 

 

Notice is hereby given that the Yates Town Board will conduct a public hearing pursuant to Town Law Section 184 at the Yates Town Hall, 8 South Main Street, Lyndonville, New York on April 8, 2010 at 7:00 p.m. for the purpose of considering a contract between the Village of Lyndonville and the Town of Yates for the furnishing of fire protection within the said Town Fire Protection District by the Fire Department of the Village, at which time and place said Town Board will consider such proposed contract and hear all persons interested in the same.

 

 

                                                                                                Yates Town Board

                                                                                                Brenda Donald Clerk

 

 

Publish once on March 26, 2010

Send One (1) Proof of Publications to Yates Town Clerk

Send Bill to Town of Yates, Town Clerk

 

The Fire contract read 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 contractual.

 

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.

 

RESOLUTION NO.42-4/10

 

RESOLUTION TO CLOSE PUBLIC HEARING ON FIRE CONTRACT

 

WHEREAS, all person requesting to speak , where allowed to speak either for or against , be it

 

RESOLVED, the Public Hearing on the Fire Contract be  closed at 7:10 P.M.

 

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Bradley.

 

Adopted. 4 ayes, 0 nays 1 absent (Bentley)

 

 

RESOLUTION NO. 43-4//10

 

RESOLUTION TO ACCEPT THE MINUTES 

 

RESOLVED, to accept the minutes of the March 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.  4 Ayes; 0 nays; 1Absent (Bentley)

 

Privledge of the Floor

 

Phil Zimmerman questioned letter he had sent to Town about Private Lanes.

 

Town, Lawyer Dave Schubel explained it was turned over to him and he has been busy and has not had the chance to research the information, but stated he will have an answer by the next Board meeting.

 

RESOLUTION NO. 44-4/10

 

RESOLUTION TO TAKE THE COUNTY PLANNING BOARDS RECOMMENDATION

 

WHEREAS,  Local Law #1 of 2010 having to do with Camping Units was sent to the County Planning Board for their recommendations. And

WHEREAS, the County felt it should not be adopted.  Be it

 

RESOLVED the Town will not adopt Local Law # 1 of 2010  which had to do with camping units.

 

Offered by Councilman  Harmer, who moved its adoption.

Seconded by Councilman Rutledge.

 

Adopted 4 ayes; 0 nays; 1 absent (Bentley)

 

RESOLUTION NO. 45-4/10

 

RESOLUTION TO AUTHORIZE THE SUPERVISOR TO SIGN AGREEMENT WITH THE VILLAGE OF LYNDONVILLE FOR THE FIRE CONTRACT.

 

WHEREAS, a Public Hearing was held  on April 8,2010 and the Town Board has reviewed the contract.

 

BE IT RESOLVED, the Supervisor is hereby authorized to sign the fire contract as written.

 

Offered by Councilman Rutledge, who moved its adoption.

Seconded by Councilman Harmer

 

Adopted. 4 ayes; 0 nays 1 absent (Bentley)

 

RESOLUTION NO. 46-4/10

 

RESOLUTION  FOR AMENDMENT B TO STATE SNOW AND ICE AGREEMENT

 

WHEREAS, the Town of Yates is under contract with the New York State Department of Transportation to provide snow and ice control on specified State roads within the Town and.

 

WHEREAS, the base agreement was extended for the 2006/2007 season by Resolution #62-6/06, dated June 8th, 2006,setting an estimated total cost for the season at $86,429.89, and

 

WHEREAS, due to the severity of the winter and the high cost of fuel during 2006/2007, the total cost to perform this service is estimated at $107,345.92.

 

NOW THEREFORE,BE IT RESOLVED, to authorize the Supervisor to execute an Amendment to the present Agreement.  Said Agreement would increase the estimated cost to perform snow and ice control for the 2006/2007 season by $20,916.03.

 

Offered by Councilman Rutledge, who moved its adoption.

Seconded by Councilman Harmer.

 

Adopted. 4 ayes; 0 nays 1 absent (Bentley)

 

RESOLUTION NO.47-4/10

 

RESOLUTION TO AUTHORIZE SUPERVISOR TO SIGN  AN AGREEMENT WITH COMPUTER CONSULTANTS

 

WHEREAS, Computer Consultants has contacted the Supervisor about checking into utilities regarding over charges that might have occurred. And

 

WHEREAS, there is no fee involved , but Computer Consultant would hold 50% of recovered monies, be it

 

RESOLVED, the Supervisor is authorized to sign such agreement.

 

Offered by Councilman Bradley who moved its adoption.

Seconded by Councilman Harmer

 

Adopted.  4 ayes; 0 nays; 1 absent (Bentley)

 

The Town has been notified that Hodges and West will be negotiating as County-wide cable contract the cost to the 10 Towns would be approximately $500 per Town

 

RESOLUTION NO. 48-4/10

 

RESOLUTION TO JOIN TOWNS IN ORLEANS COIUNTY TO NEGOTIATE COUNTY WIDE CABLE

 

WHEREAS, Other Towns in the County want to have County-Wide Cable and

 

WHEREAS, our contract with Time-Warner is up this year, be it

 

RESOLVED that Hodges and West will work to have County-wide cable and be it further

 

RESOLVED the fee will be approximately $500.00 per Town.

 

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Bradley

 

Adopted. 4 ayes; 0 nays; 1 absent(Bentley)

 

RESOLUTION NO.49-4/10

 

SEQR RESOLUTION FOR WATER DISTRICT #4 PHASE 10

 

RESOLVED, that in accordance with the New York State Environmental Quality Review regulations (SEQR), the Town Board of the Town of Yates announces its intent to serve as lead agency to conduct an environmental review relative to Phase 10 Water District No. 4 and ultimately to provide a public water supply to serve properties within the area under Section 617.7 of the New York State Codes, Rules and Regulations (NYSCRR).  The project will ultimately involve the construction of approximately 13,650 l.f. of  PVC water main along portions of Goodwin Road, Ward Road, and Woodworth Road and to provide public water service to a total of 15 existing residences and 1 small business.

 

FURTHER RESOLVED, that the Town Board has determined that the proposed action is an “Unlisted Action” as defined under SEQR.

 

FURTHER RESOLVED, that the Town Board in its capacity of lad agency, has caused to be prepared an environmental assessment of the significance of potential environmental impact of the above listed action.  The Town Board hereby accepts the environmental assessment of the proposed project prepared by David C. Schubel, date  April 7, 2010.  The Town Board further declares that, based on the environmental assessment which has been prepared, the project will result in no major impacts and, therefore, will not cause significant damage to the environment.  A Negative Declaration under SEQR is therefore issued for this project.

 

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Harmer

 

Adopted. 4 ayes; 0 nays; 1 absent (Bentley)

 

 

 

RESOLUTION NO.50-4/10

 

RESOLUTION SETTING PUBLIC HEARING FOR WATER DISTRICT 4 PHASE 10 AS PER ATTACHED

 

 

 

 

 

             

 

___________________________________________________

 

                                    In the Matter

                                         of the

 

Phase 10 Increase and Improvement of Facilities of Water Improvement

District No. 4,  in the Town of Yates, in the County of

Orleans, New York, pursuant to Section 202-b of the Town Law.

____________________________________________________

 

ORDER CALLING PUBLIC

HEARING TO BE HELD ON

May 13, 2010

 

            WHEREAS, the Town Board of the Town of Yates (herein called “Town Board” and “Town”, respectively), in the County of Orleans, New York, on behalf of Water Improvement District No. 4, (herein referred to as the “District”), in the Town, has requested Chatfield Engineers, engineers duly licensed by the State of New York (herein called “Engineer”), to prepare a preliminary map, plan and report for the increase and improvement of facilities of the District, 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 water main, valves, hydrants, and appurtenances along Woodworth Road in the Town (referred to herein as the “Phase 10 Water Improvement”) and pursuant to the direction of the Town Board, the Engineer has completed and filed with the Town Board such preliminary map, plan and report for said increase and improvement of facilities of the District and has estimated the total cost thereof to be $604,983.00, to be financed with a like amount of serial bonds of the Town.

            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 Phase 10 Water Improvement, or will be budgeted as an offset to the 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, for the payment of the principal and interest on said obligations;

            WHEREAS, the Town Board has given due consideration to the impact that the increase and improvement of the 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, constituting Article 8 of the Environmental Conservation Law and, in connection therewith, the duly processed negative declaration and/or other applicable documentation has been filed in the office of the Town Clerk;

            NOW, THEREFORE, be it

            ORDERED, that a meeting of the Town Board of the Town be held at the Yates Town Hall, 8 South Main Street, Lyndonville, New York, on the 13th day of May, 2010 at 7:00 o’clock P.M. (Prevailing Time) to consider said Phase 10 increase and improvement of facilities of the District  and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it

            FURTHER ORDERED, that the Town Clerk publish at least once in the “MEDINA JOURNAL”, a newspaper hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing.

 Offered by Councilman  Rutledge who moved its adoption

Seconded by Councilman Bradley

Adopted. 4 ayes; 0 nays; 1 absent (Bentley)

RESOLUTION NO.51-04/10

RESOLUTION TO RESCIND PREVIOUS RESOLUTION ON WATER DISTRICT 4 PHASE 10

WHEREAS, previous resolutions where made about Water District 4 Phase 10 that did not include the Woodworth Road and that was a joint project with Ridgeway be it

RESOLVED that such resolutions made in 2009 shall be rescinded.

Offered by Councilman Harmer who moved its adoption.

Seconded by Councilman Rutledge.

Adopted. 4 ayes; 0 nays; 1 absent (Bentley)

 

Report of Town Officers

Assessor-Still holding informal will finish the 15th and 16th have to have final to County

 

Supervisor Belson-received a letter from NYS Court System Department praising Donald Grabowski for taking quick action while at conference in NYS and doing CPR and staying with a man until paramedics arrived that had a heart attack in the hotel rest-room

 

Received a letter from Kathleen Castronova with some suggestions on the camping issue

Received a letter from Donna Meza, on assessment and violations in the Town

Lynne Johnson-would like to compliment Assessor the way things have been handled with the update.

Single Audit is complete.

 

Roger Wolfe Highway Superintendent

Would like to purchase a new box for the 2001 Sterling.  The box that is on it is one that went through the fire and needs to be replaced..  Would also like to take the 1998 Freightliner to auction, along with other small unused equipment.

 

RESOLUTION NO.52-4/10

RESOLUTION TO ALLOW THE HIGHWAY SUPERINTENDENT TO BID FOR A NEW BOX

RESOLVED, the Highway Superintendent will advertise for a new box for the 2001 Sterling Truck. Be it

FURTHER RESOLVED bids will be opened at 10:00 A.M. on Monday April 26,2010.

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Rutledge.

Adopted. 4 ayes;0nays;1 absent (Bentley)

RESOLUTION NO. 53-4/10

RESOLUTION TO HOLD SPECIAL MEETING TO AWARD BID

RESOLVED, to hold a special Board Meeting on Monday April 26,2010 at 10:00 A.M. to award the bid for the box for the Sterling 2001.

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Harmer.

Adopted. 4 ayes;0 nays;1 absent (Bentley)

 

RESOLUTION NO.54-4/10

RESOLUTION TO ALLOW HIGHWAY SUPERINTENDENT TO TAKE 1998 FREIGHTLINER AND OTHER UNUSED EQUIPMENT OF AUCTION.

WHEREAS, the Superintendent has requested to take equipment to auction be it

RESOLVED the Town Board approves this action.

Offered by Councilman Harmer who moved its adoption

Seconded by Councilman Rutledge.

Adopted. 4 ayes 0 nays; 1 absent (Bentley)

 

RESOLUTION NO. 55-4/10

 

RESOLUTION TO PAY BILLS

 

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

 

RESOLVED to pay bills as follows:

 A-Account—        23,840.26          
B-Account               1,291.40         

DA-Account          16,377.56

DB- Accounts          2,531.01

Water  4                14,134.93

FIRE                    

Youth                          50.72

                          

 TOTAL   59,225.88    

 

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Bradley.

Adopted. 4 ayes; 0 Nays; 1 absent (  Bentley) 

 

 

Motion made by Harmer whereas there is no further business to be brought before the Board at this time the meeting is adjourned at 7:30 P.M.

Seconded by Councilman Bradley.

 

Adopted 4 ayes; 0 nays; 1absent (Bentley )

 

 

 

 

Brenda Donald

Town Clerk

Town of Yates

 

 

 

 

 

 

 TOWN OF YATES

SPECIAL BOARD MEETING

BID OPENING
April 26,2010

 

 

The Meetings was called to Order by the Supervisor at 10:00 A.M. at the Town Hall 8 South Main Street, Lyndonville NY

 

THOSE OFFICERS PRESENT: John Belson - Supervisor

                                                     Brad Bentley-Councilman

                                                    Wesley Bradley-Councilman

                                                     

                                                     

                                                     Brenda Donald- Town Clerk

                                                     Roger Wolfe-Highway Superintendent

                                                     Jim O’Brien Sales Rep for Cyncon

 

 

Bids were opened publically at 10:00 A.M.

1st Bid- Cyncon Equipment 7494 W. Henrietta Road,Rush NY--$33,911.00

2nd Bid-Valley Fab & Equipment 9776 Trevett Road, Boston NY—34,660.00

 

Special Meeting was opened after the bids were opened.  After comparing each bid a resolution was made to accept the bid from Cyncon in the amount of $33,911.00

 

RESOLUTION 56/4/10

RESOLUTION TO ACCEPT BID FOR REPLACEMENT BOX

WHEREAS, two (2) bids were received and reviewed it was decided to take the lowest bid.

RESOLVED to accept the bid for the replacement box from Cyncon Equipment 7494 W. Henrietta Road, Rush NY

 

Offered by Councilman Bentley who moved its adoption.

Seconded by Councilman Bradley

 

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

 

Motion made by Councilman Bradley ,as there was no more business to discuss the meeting be closed at 10:20 A.M.

Seconded by Councilman Bentley

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

 

 

Brenda B. Donald

 

Town Clerk

Town of Yates