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
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
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.
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.
___________________________________________________
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 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:
DA-Account 16,377.56
DB-
Accounts 2,531.01
Youth 50.72
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