TOWN OF YATES
REGULAR BOARD MEETING
APRIL 14, 2011
The Meeting 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
Wes Bradley-Councilman
Jerry Rutledge-Councilman
Brenda Donald-Town Clerk
Michele Harling-Assessor
David Schubel-Town
Attorney
OTHERS Larry Wolfe-Resident
Paul Lauze-Residents
Paul Lauricella-Resident
Steve Freeman-Resident
RESOLUTION NO. 40-4/11
RESOLUTION TO ACCEPT
THE MINUTES OF THE MARCH 10, 2011 MEETING
RESOLVED, to accept the minutes of March 10, 2011 meeting as presented to each Board Member.
Offered by Councilman, Rutledge
who moved its adoption. .
The Town of Ridgeway has requested that the Town of Yates sign an intermunicipal agreement with their Town in regards to allowing South Townline Residents from the Town of Yates to hook-up to Ridgeway water line.
RESOLUTION NO.41-4/11
RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AN INTERMUNICIPAL AGREEMENT WITH THE TOWN OF RIDGEWAY
RESOLVED, to have the Town of Yates Supervisor sign an intermunicipal agreement with the Town of Ridgeway as follows:
INTERMUNICIPAL AGREEMENT
Made as of the 14th day of April,2011, by and between the TOWN OF YATES, a municipal corporation of the State of New York, with offices and a principal place of business at 8 Main Street, Lyndonville NY 14098 (hereinafter referred to as “Yates”), party of the first part; and the TOWN OF RIDGEWAY, a municipal corporation of the State of New York with offices and a principal place of business at 410 West Avenue, Medina,NY 14103 (hereinafter referred to as “Ridgeway”),acting for and on behalf of Ridgeway’s Water District No. 11 (hereinafter referred to as “District”) party of the second part:
WITNESSETH
WHEREAS, Article 5-G of the General Municipal Law authorizes municipal corporations to enter into agreements for the performance among themselves on contract or cooperative basis for the provision of joint undertaking; and
WHEREAS Yates has extensive experience in the water business, not only with the installation and maintenance of water mains,valves, hydrants, meters and appurtenances, but also with the administrative part of the business including water sampling, testing and monitoring and meter reading and billing and
WHEREAS Ridgeway has extensive experience in the water business, not only with the installation and maintenance of water mains, valves, hydrants, meters and appurtenances, but also with the administrative part of the business including water sampling, testing and monitoring and reading and billing and
WHEREAS Yates and Ridgeway recognize the need to provide a safe reliable and adequate water supply to the residents of South Townline Road who presently rely on private wells which produce water of poor quality and/or limited quantity and Ridgeway has taken the necessary steps to establish improvements in the town-wide water district which runs along South Townline Road in the Town of Ridgeway on the Ridgeway Yates town border; and
WHEREAS, Ridgeway is willing to supply to the residents of Yates who reside on the north side of South Townline Road with water and the parties desire to enter into an intermunicipal agreement to define the terms and conditions of this arrangement:
NOW THEREFORE, in consideration of the reciprocal covenants herein contained, the parties hereby agree as follows:
1-Ridgeway agrees that it will cause plans and specifications to be prepared by its engineers to provide hook-ups to its water line on South Townline Road in the town of Ridgeway so as to provide water hook-up services for the residents along South Townline Road in the Town of Yates on the north side of South Townline Road, each of these residents being in Yates.
2-Yates agrees that it will cooperate with Ridgeway in obtaining any easements or other approvals or authorities required or necessary in connection with the completion of the proposed project and the installation of the pipes, lines and appurtenances.
3-Ridgeway agrees to allow the aforementioned Yates property owners to connect to such water line as constructed provided that each of said water customers executes an out of district user agreement to be bound by all of the terms and any and all other ordinances, rules and regulations pertaining to water use, backflow prevention and other related matters.
4- Ridgeway will read the water meters at these Yates customer’s homes and such Yates customers will be billed for water at the same rate and on the same terms as prevail, from time to time, for water customers located with Ridgeway water districts.
5- Ridgeway will bill each of the benefited property owners with Yates, the same amount for debt service, operation, and maintenance as would be charged to benefited property owners located within the Ridgeway water district.
6.-If any of the Yates customers being so served by Ridgeway water system shall fail to pay the water bills or the yearly debt service charges or any other charges billed for debt, service, operation and maintenance in timely fashion and in accordance with the normal schedule for payment of same by Ridgeway benefited property owners, then and in each such event, it is agreed that Yates, upon notification by Ridgeway of the amount of such delinquent accounts or payments,will add,levy and assess the same with the regular real property tax bill against the delinquent property owners lands in the same manner and fashion as Yates would charge, levy and assess its own delinquent water bills and water use charges. Yates agrees that prior to February 15 of each year after any such delinquent account or charge has been added to Yates tax bill that Yates will pay to Ridgeway the amount of such bill or charge . Yates will thereafter receive its reimbursement from the delinquent property owner upon payment of his taxes to Yates or upon payment from the County of Orleans when the roll is returned to the County for collection.
7-It is agreed that Yates and its highway superintendent and personnel will, in all reasonable respects, cooperate with the Ridgeway contractor in connection with the installation of the aforementioned water line and thereafter with the Ridgeway employees in connection with any repair or maintenance that may be required for such water lines or appurtenances.
Offered by Councilman Harmer who moved its adoption.
Seconded by Councilman Bradley
Adopted. 4 ayes;0 nays;1 absent (Bentley)
It has been requested that an archeological study for Phase 10 be done.
RESOLUTION NO.42-4/11
RESOLUTION TO AUTHORIZE PHASE I ARCHEOLOGICAL INVESTIGATION
Town
of Yates
Water
District No. 4, Phase 10
Resolution to Authorize Phase I Archeological
Investigation
WHEREAS,
the Town of Yates is considering the extension of public water facilities along portions of Ward Road, Goodwin Road and Woodworth
Road to serve the Town of Yates Water District No. 4,
Phase 10. The project will
improve the quality and quantity of water available to area residents, and
WHEREAS, an environmental review is
required for the construction of the proposed water system improvements within
Water District No. 4, Phase 10, and
WHEREAS, the State Historic
Preservation Office has requested a Phase I Archeological Investigation and
photographs of the project area, and this investigation is necessary to
complete the environmental review of the proposed action,
NOW, THEREFORE, BE IT RESOLVED, that
the Town of Yates authorizes Powers & Teremy LLC
to prepare a Phase I Archeological Investigation of the project area of Water
District No. 4, Phase 10. The Town of
Yates acknowledges that the fee for the study is $4,153.18 and acknowledges
that the Town is responsible for payment of this fee.
Offered by
Councilman Bradley who moved its adoption.
Seconded by
Councilman Harmer
Adopted. 4 ayes; 0 nays; 1
absent (Bentley)
The Town of Yates has changed its carrier for
disability insurance and they are requesting a resolution stating who is
covered by disability in the Town of Yates.
RESOLUTION
NO.43-4/11
RESOLUTION TO
ESTABLISH DISABILITY FOR EMPLOYEES OF THE TOWN OF YATES
RESOLVED, the
Town Board of the Town of Yates hereby resolves that all employees of the Town
of Yates that receive pay from the payroll accounts in the Town of Yates be
covered by disability, which will be paid for by the Town of Yates. The employees that are covered are as
follows: Town Board (4) Bookkeeper (1)
Supervisor (1) Highway MEO (3) PT MEO (1) PT Laborer (2)
Superintendent of Highways (1) Court Clerk (1) Deputy Clerk (1) Town Clerk (1)
Justices (2) Code & Zoning Officer (1)
Offered by
Councilman Rutledge who moved its adoption.
Seconded by
Councilman Bradley
Adopted. 4 ayes; 0 nays; 1
absent (Bentley)
Reports
Councilman Bradley stated he will be taking a letter to the Lyndonville foundation requesting money to help fund the youth program.
Michelle Harling Assessor stated the tentative roll will be turned over the first week in May
There wll be a court consolidation meeting on April 21 at 7:00 P.M. at the Yates Town Hall
RESOLUTION NO.44-4/11
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as follows:
A-Account 27,939.76
B-Account $ 1,248.78
DA-Account $ 8,963.82
DB-Account 5,482.28
Water 4 Account 2,250.20
Water 2 11,724.62
TOTAL 57,609.46.
Offered by Councilman Bradley who moved its adoption
Seconded by Councilman Rutledge
Adopted. 4 ayes; 0 nays 1 absent (Bentley)
Motion made by Councilman Harmer whereas there is no further business to be brought before the Board at this time the meeting be adjourned at 7:10 P.M.
Seconded by Councilman Bradley
Adopted4 ayes; 0 nays1 absent (Bentley)
Brenda B. Donald
Town of Yates
Town Clerk