TOWN OF YATES

ORGANIZATIONAL AND REGULAR BOARD MEETING

JANUARY 10,2008

 

 

The Organizational and regular 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: Russell Martino- Supervisor

                                                     Jerry Rutledge-Councilman

                                                     John Belson-Councilman

                                                     Rick Harmer-Councilman

                                                 

                                                     Roger W. Wolfe –Highway Water Superintendent

                                                     Brenda Donald- Town Clerk

                                                     David Schubel- Attorney

                                                     Michele Harling-Assessor

                                                     Dan Wolfe-Code & Zoning

    

OTHERS                                    Allisen Morgan-Student

                                                    Raylee Keller-Student

                                                    Leia Tannin-Student

    Phil Zimmerman-Property Owner

    Paul Laurecelli-Resident

                                                    Lynne Johnson-County Legislature

 

 

Privilege of the Floor- Justice Donald Grabowski asked permission to attend training in New York City for Justice certification.

 

RESOLUTION NO. 1-1/08

 

RESOLUTION TO ALLOW JUSTCE GRABOWSKI TO ATTEND TRAINING

 

RESOLVED to allow Justice Grabowski to attend training in NYC for his justice certification  the price will be about $1,200.

 

Offered by Councilman Harmer, who moved its adoption

Seconded by Councilman Belson.

 

Adopted. 4 ayes 0 nays 1 absent (Bentley)

 

 

 RESOLUTION NO.2 -1/08

 

RESOLUTION TO ACCEPT THE MINUTES OF  DECEMBER 27th   THE YEAREND   MEETING FOR THE YEAR 2007

 

RESOLVED, to accept the minutes of the December 27th   yearend meeting held   for the year 2007 as presented to each Board Member.

 

Offered by Councilman Belson  ,who moved its adoption

Seconded by Councilman Rutledge 

  

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

 

RESOLUTION NO. 3-1/08

 

RESOLUTION TO NAME OFFICIAL DEPOSITORY

 

RESOLVED, to name M & T Bank and the Bank of Castile as the official depository for the Town of Yates.

 

 Offered by Councilman  Rutledge, who moved its adoption

Seconded by Councilman  Belson

 

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

 

RESOLUTION NO.4-1/08

 

RESOLUTION TO NAME OFFICIAL NEWSPAPER

 

RESOLVED, to name the Medina Journal as official newspaper.

 

Offered by Councilman Rutledge,  who moved its adoption

Seconded by Councilman Harmer

 

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

 

 

RESOLUTION NO.5-1/08

 

RESOLUTION TO MAKE APPOINTMENTS BY THE TOWN BOARD

 

RESOLVED, to make the following appointments:

 

Legal Service------------------------------------- Webster and Schubel

Historian------------------------------------------- Janis Korff

Fire & Building Code Officer------------------- Dan Wolfe

Zoning Enforcement Officer---------------------Dan Wolfe

Zoning Board of Appeals Clerk-----------------Deputy Clerk- Janice Korff

Zoning Board of Appeals Chairman                Ellen Touhey

Planning Board Chairman------------------------Donald Lamay

Planning Board Member 5 years----------------Gary Daum-1/1/08-12/31/12

Planning Board Clerk-----------------------------Deputy Clerk-Janice Korff 

Water District 4 Superintendent-----------------Roger W. Wolfe

Cemetery Superintendent-------------------------Roger W. Wolfe

Youth Agency Representative-------------------John Belson 

Registrar of Vital statistics-----------------------Brenda B. Donald 

Deputy Registrar-----------------------------------Deputy Clerk-Janice Korff

Dog Control Officer-------------------------------John W. Donald

 

Offered by Councilman Harmer,  who moved its adoption

Seconded by Councilman Rutledge

 

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

 

 

RESOLUTION NO.6 -1/08

 

RESOLUTION TO ACCEPT APPOINTMENTS BY DEPARTMENT HEADS

 

RESOLVED, to accept the following Department Head Appointments:

 

SUPERVISOR

Deputy Supervisor---Jerry Rutledge

Bookkeeper-----------Lynne Johnson

 

TOWN CLERK

Deputy Clerk- Janice Korff

 

HIGHWAY SUPERINTENDENT

Deputy Superintendent—David Hydock

 

JUSTICE

Court Clerk—Susanne Sanderson

Court Baliff---Eric Harling

 

Offered by Councilman Belson, who moved its adoption.

Seconded by Councilman Rutledge 

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

 

RESOLUTION NO. 7-1/08

 

RESOLUTION TO ALLOW SPECIFIC PERSONS TO ACT AS AUTHORIZED OFFICERS TO DO BANKING

 

RESOLVED, to allow the following to do banking in specific accounts:

 

Accounts Payable Account—Supervisor, Deputy Supervisor and Town Clerk

Money Market Account--, Supervisor, Deputy Supervisor, and Town Clerk

Payroll Account—Supervisor, Deputy Supervisor and Town Clerk

Trust and Agency Fund-Supervisor, Deputy Supervisor and Town Clerk

Town Clerk’s Checking and Savings—Town Clerk, Deputy Town Clerk and Supervisor.

 

Offered by Councilman Belson , who moved its adoption

Seconded by Councilman Rutledge  

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

 

 

RESOLUTION NO. 8-1/08

 

RESOLUTION TO ADOPT OFFICE HOURS

 

RESOLVED, to set the following office hours

 

Town Clerk’s Office

Monday Tuesday Thursday and Friday –9:00 A. M. –12:30 P.M.  1:00 P.M. until 4:30 P.M.

Wednesdays 9:00 A. M until 12:30 P.M.

                     7:00 P.M. until 9:00 P.M.

       The office will be closed on Wednesday nights from May 1st thru August 6th

Assessor—Thursdays and Fridays 9:00 A.M. until 12 :30 P.M.

                                                            1:00 P.M. until 4:30 P.M.

Code & Zoning Officer

Mondays  8:00 A.M.. until 4:00 P.M.

 

 

Offered by Councilman  Harmer ,who moved its adoption

Seconded by Councilman Belson    

 

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

 

 

 

RESOLUTION NO. 9-1/08

 

 

RESOLUTION TO ACCEPT COMMITTEE APPOINTMENTS BY SUPERVISOR

 

RESOLVED to accept the following committee appointments by the Supervisor

 

A-    Finance & Budget---Chairman—Councilman Rutledge

      Councilman Harmer

     

      B-Health & Public Safety—Chairman---Councilman Harmer

                                                                        Councilman Bentley

 

     C-Planning & Zoning—Chairman—Councilman Belson

                                                             Councilman Rutledge

 

    D- Public Works---------Chairman------Councilman Bentley

                                                                    Councilman Belson

 

Offered by Councilman  Rutledge   , who moved its adoption.

Seconded by Councilman Harmer .

 

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

 

 

 

RESOLUTION NO. 10-01\08

 

RESOLUTION TO NAME TIMEKEEPER FOR ALL PERSONNEL

 

RESOLVED, to name the Town Clerk as the Official Timekeeper for all Town Personnel. Each Department Head shall submit time sheets showing daily hours worked, holidays, vacation, personal, funeral, sick days and days off without pay.

 

Offered by Councilman Rutledge ,  who moved its adoption

Seconded by Councilman   Belson 

 

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

 

 

RESOLUTION NO. 11-1\08

 

 

RESOLUTION TO SET PETTY CASH FUNDS

 

RESOLVED, to set petty cash funds as follows:

 

Town Clerk--$200.00

Petty Cash---$200.00

 

Offered by Councilman Harmer,  who moved its adoption

Seconded by Councilman Rutledge 

 

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

 

 

 

RESOLUTION NO.12-1\08

 

 

RESOLUTION TO SET MILEAGE ALLOWANCE

 

RESOLVED, to reimburse Town Officers and Employees using personal vehicles for Town Business at a rate of $.50 per mile.

 

Offered by Councilman  Rutledge ,  who moved its adoption

Seconded by Councilman Belson     

 

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

 

 

RESOLUTION NO.13-1\08

 

RESOLUTION TO SET MEETING DATES AND TIMES

 

RESOLVED, to set the following dates and times for meetings

 

Town Board Workshop Meetings—Monday before regular Board Meeting 3:30 P.M.

Town Board Meeting—Second Thursday of each month 7:00 P.M.

Planning Board—First Thursday of each Month 7:00 P.M. 

Zoning Board of Appeals – at least twice a year, once with Town Board Representatives, and when needed to hear an appeal

 

Offered  by Councilman Belson,   who moved its adoption

Seconded by Councilman Harmer  

 

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

 

 

 

RESOLUTION NO. 14-1/08

 

RESOLUTION TO ALLOW SUPERVISOR TO PREPAY VOUCHERS

 

RESOLVED, to authorize the Supervisor to prepay the following Vouchers

 

Bi-weekly, Monthly and vacation payrolls

Utility Bills

Installments on Contracts approved by the Board

Insurance premiums

Payment to Federal and State and County Agencies

 

Offered by Councilman  Rutledge,  who moved its adoption.

Seconded by Councilman   Belson

 

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

 

 

RESOLUTION NO.15-1\08

 

RESOLUTION TO SET WORK PERIOD AND PAY DAYS

 

RESOLVED, to set the following:

 

Bi-Weekly—Monday thru Sunday midnight (14 days_

Pay day on the following Thursday

 

Monthly- first to last day of month

Pay day last banking day of Month

 

Others-completion of duties, end of the year, or if voucher after next regular Board meeting.

 

When a pay day falls on a Holiday the pay day shall be on the preceding work day.

 

Offered by Councilman Rutledge,  who moved its adoption

Seconded by Councilman  Belson   

 

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

 

RESOLUTION NO.16-1\08

 

 

RESOLUTION TO SET SALARIES, WAGES AND COMPENSATION

 

MONTHLY

 

                                        Per year                              

Legislative Board (4)                3,072.50                                 

Justice (2)                                 7,065.00                                 

Supervisor                                8,658.00                                 

Supervisor Bookkeeper         13,277.00                                  

Water Bookkeeper                   2,905.00                                 

Budget Officer              1581.00                                     

 

             

 

BI-WEEKLY

Town Clerk                             $31,226.00                             

Vital Registrar                           $     572.00                                

Highway Superintendent           $51,825.00                                

Cemetery Superintendent          $  4,460.00                                

Water Superintendent               $11,258.00                             

                               

                               

HOURLY

Court Clerk-------                                           $11.48

Deputy Clerk------                                           $10.30

Code & Zoning                                                $18.00

 

Highway MEO—                                             $18.67

Court Baliff----------                                        $10.00 per summons +mileage

Assessment Review Board Chairman---            $130.00 Annually

Assessment Review Board Member—  $60.00 daily

Election Inspectors as follows:

Training---                                                        $25.00

Primary 9 hours @ $8.13=                               $73.17 per day

Election 15.5 hours @ $8.13=              $126.02 per day

Registration 7.5 @ 8.13=                                 $ 60.98 per day

Registration 4 @ 8.13=                                    $ 32.52 per day

Dog Control Officer                                          $ 10.00 plus mileage per summons

Zoning Board Members                                    $ 15.00 per meeting payable yearend 

Zoning Board Chairman                                 $ 25.00 per meeting

Planning Board Chairman—                              $ 25.00 per meeting

Planning Board Members                                  $15.00 per meeting payable yearend meeting

Historian---                                                      $618.00 annually.

 

Offered by Councilman Rutledge,   who moved its adoption

Seconded by Councilman  Harmer 

 

 Adopted. 4 ayes,0 nayes;1 absent( Bentley)   . 

 

 

 

RESOLUTION NO.17-1/08

 

 

RESOLUTION TO ALLOW SUPERINTENDENT OF HIGHWAYS TO USE TOWN EQUIPMENT AND PERSONNEL IN EMERGENCY

 

RESOLVED, that the Town Board of the Town of Yates hereby renews an Emergency response procedure (of December 13, 1984) by giving the Superintendent of Highways authority to use Town of Yates Highway Equipment and Personnel when requested by local Police, Public Safety Coordinator, Chief of Volunteer Fire Department, or some other Officer to protect citizens and property within the Town.

 

Offered by Councilman Rutledge   ,who moved its adoption

Seconded by Councilman Harmer   

 

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

 

RESOLUTION NO.18-1\08

 

RESOLUTION TO SET TOWN HOLIDAYS

 

RESOLVED to set Town Holidays as follows:

 

New Years Day

Martin Luther King Day-Town Hall Offices

Good Friday

Memorial Day

Independence Day

Labor Day

Election day

Veterans Day

Thanksgiving Day

Day After Thanksgiving

Day Before Christmas

Christmas Day

Day before New Years

 

BE IT FURTHER RESOLVED, when the Holiday falls on a Saturday, it will be celebrated on the preceding Friday, and when the Holiday falls on a Sunday it will be celebrated on the following Monday.

 

Offered by Councilman Belson   who moved its adoption

Seconded by Councilman Harmer   

 

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

 

RESOLUTION NO.19-1\08

 

 

RESOLUTION TO ALLOW HIGHWAY SUPERINTENDENT TO EXPEND HIGHWAY MONEYS AS REQUESTED

 

WHEREAS, the Highway Superintendent has presented information of the Expenditure of Highway moneys as follows:

AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS

 

AGREEMENT, between the Highway Superintendent of the Town of Yates, Orleans County New York, and the undersigned members of the Town Board

 

Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows:

 

1-     GENERAL REPAIRS, The sum of $   128,000.00    shall be set aside to be Expended for the primary work and general repair upon 36.50 miles of town Highways, including sluices, culverts and bridges having a span of less than five (5) feet and boardwalks or the renewal thereof.

 

2-     PERMANENT IMPROVEMENTS. The following sums $89,000.00 shall be set aside to be expanded for the permanent improvement of Town Highways:

 

(a)-On Foss road commencing at RT 18 Road to Lakeshore  Road                                .  There shall be expended not over the sum of   $89,000.  .

TYPE: Mix in Place Width of traveled surface: 20 feet THICKNESS 4 1/2 inches.

Replace 5’Culvert pipes

 

 

Executed this 10th day of January 2008

 

 

__________________________________    ____________________________________

Supervisor, Russell Martino                                          Councilman, John Belson

 

 

__________________________________      ___________________________________ 

Councilman, Harmer                                         Councilman, Jerry Rutledge

 

 

__________________________________   ____________________________________

Councilman, Bradley Bentley                        Highway Superintendent, Roger W. Wolfe

 

 

Offered by Councilman Rutledge, who moved its adoption.

Seconded by Councilman   Belson 

  

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

 

RESOLUTION NO.20-1/08

 

RESOLUTION TO ALLOW TOWN OF YATES PERSONNEL TO ATTEND CONFERENCES,TRAINING AND CERTIFICATION SESSIONS

 

WHEREAS,  the need for personnel to attend conferences, training, and certifications sessions is present, be it

 

RESOLVED, personnel has the approval to attend conferences, training and certification sessions, at Town expense, be it

 

FURTHER RESOLVED all expenses are to be pre-approved by the Town Board, including dues to organizations.

 

Offered by Councilman Belson    who moved its adoption.

Seconded by Councilman  Harmer   

 

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

 

 

 

 

 

RESOLUTION NO. 21-1/08

 

RESOLUTION TO AUTHORIZE THE SUPERVISER TO SIGN AGREEMENT FOR LEGAL SERVICES WITH WEBSTER AND SCHUBEL LLP

 

WHEREAS, the agreement for legal services has been presented to the Town Board and the Town Board has reviewed this agreement  be it

 

RESOLVED, the Supervisor is authorized by the Town Board to sign this agreement as follows:

 

THIS AGREEMENT dated as of the 1st of January 2008, between the Town of Yates a municipal corporation of the State of New York, hereinafter referred to as “Town” and WEBSTER & SHUBEL, LLP, Attorneys at Law of 343 Main Street Medina, New York hereinafter referred to as “Attorneys”.

 

WHEREAS, the Town requires legal services in connection with the operation and functions of the government of the Town, and

 

WHEREAS, the Attorneys are experienced in matters involving municipal law and wish to perform necessary legal services for the Town.

 

NOW THEREFORE, in consideration of the premises and the mutual covenants and promises hereinafter set forth, it is agreed as follows:

 

The Attorneys will perform and provide such legal services as are required by the Town including but not limited to the following:

1.)    Attendance at meetings, conference sessions and public hearings as required for the Town Board, Planning Board and Zoning Board of Appeals.

2.)    Provide consultation services regarding questions presented orally by telephone or in written form by Board Members and other Town Officers.

3.)    Be available for general consultation with Board Members and Town Officers regarding all legal inquiries.

4.)    Preparation of Local Laws and Ordinances, performance of legal research, preparation of decisions, correspondence, debt collection, and similar matters.

5.)    The representation of Town in tax assessment proceedings and other litigations.

6.)    Legal services in connection with the formation of Special Use Districts or improvement areas, bond issues, and other borrowings and other related matters.

 

As compensation for services to be provided under this Contract, the Town will pay the Attorneys in accordance with the following schedule, rates and fees:

A.)  For the services described in subparagraphs 1,2,3,4 above, the rate of $95.00 per hour not to exceed Seven Thousand Dollars ($7,000.00)

B.)   For legal services described in subparagraphs 5 and 6 at rates and fees to be agrees upon between the parties by separate agreement.

C.)  The Attorneys shall voucher the Town for the services rendered under subparagraph 1 through 4 above and such fees shall be payable upon approval of such voucher by the Town.

D.)   

7.)    The term of this Agreement shall be for a period of one (1) year from January 1, 2008 to December 31,2008 but the same may be renewed by the parties by written agreement extending the term hereof and modifying rates and charges as the parties may hereafter agree .

 

BE IT FURTHER RESOLVED A SIGNED COPY OF THIS AGREEMENT SHALL BE ATTACHED TO THESE MINUTES

 

Offered by Councilman Rutledge,   who moved its adoption

Seconded by Councilman  Belson .

 

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

 

 

RESOLUTION NO.22-1/08

 

RESOLUTION TO COMPENSATE DEPUTY HIGHWAY SUPERINTENDENT FOR MEDICAL AND TIME WORKED

 

WHEREAS, David Hydock has elected to be placed on his wife’s medical policy and the need for the Town of Yates to carry medical for Dave  is not needed, be it

 

RESOLVED the Town will compensate David Hydock $1,000.00 for medical, be it further

 

RESOLVED, David Hydock as deputy Highway Superintendent will receive $1,500 for time worked as deputy Superintendent, be it further

 

RESOLVED, duties  of Deputy Highway Superintendent  will be assigned and will include road checks and manpower call-ins when needed.  Deputy Highway Superintendent will  receive extra compensation if roadwork or plowing needs to be done.  Deputy Superintendent assume all the duties of the Highway Superintendent during Superintendent’s  absence, be it

 

FURTHER RESOLVED, David Hydock’s compensation will be paid quarterly in his paycheck , starting January 17,2008,April 10, 2008, July 24,2008 and October 9, 2008

 

Offered by Councilman Rutledge   who moved its adoption.

Seconded by Councilman  Belson

 

Adopted.4 ayes;0 nays;1 absent

 

 

RESOLUTION NO.23-1/08

 

RESOLUTION TO SET CODE ENFORCEMENT TIME AND PAY

 

RESOLVED, the Code Enforcement Officer shall be paid 18 per hour and shall work Mondays from 8:00 A.M. until 4:00 P.M., he shall be  allowed 3 days for use for( Holiday, Personnel, or sick pay) any other time shall be made up. 

 

Offered by Councilman Belson, ,who moved its adoption

Seconded by Councilman Rutledge.

 

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

 

 

 

 

RESOLUTION NO. 24-1/08

 

RESOLUTION TO ACCEPT FINAL REPORT ON WATER  2 AND WATER 4

 

WHEREAS, the final reports on water 2 and water 4 have been presented to the Town Board,

 

BE IT RESOLVED, the Town Board accepts the final  report as presented.be it

 

FURTHER RESOLVED,A signed copy shall be placed with these minutes

 

Offered by Councilman Rutledge , who moved its adoption

Seconded by Councilman  Belson.

 

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

 

 

RESOLUTION NO. 25-1/08

 

RESOLUTION TO ACCEPT FINAL REPORT FOR THE COURT CLERK

 

WHEREAS, the Court Clerk for Justice Grabowski and Justice Neal has presented the final report for each justice, and

 

WHEREAS, the Town Board has reviewed these records

 

BE IT RESOLVRED, the Town Board accepts the final report for Justice Grabowski and Justice Neal as presented.

 

Offered by Coucnilman   who moved its adoption

Seconded by Councilman 

 

 Adopted.   

 

RESOLUTION NO. 26-1/08

 

RESOLUTION TO ACCEPT FINAL YEAREND REPORT FROM TOWN CLERK

 

WHEREAS, the final report  from the Town Clerk has been presented to the Town Board,

 

BE IT RESOLVED, the Town Board accepts the final  report as presented, .be it

 

FURTHER RESOLVED,A signed copy shall be placed with these minutes

 

Offered by Councilman Rutledge , who moved its adoption

Seconded by Councilman  Belson.

 

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

 

 

 

RESOLUTION NO.27-1/08

 

RESOLUTION TO APPOINT FAIR HOUSING OFFICER

 

RESOLVED , to appoint Brenda B. Donald as Fair Housing Officer

 

Offered by Councilman Rutledge,   who moved its adoption

Seconded by Councilman  Belson

 

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

 

 RESOLUTION NO.28-1/08

 

RESOLUTION TO ACKNOWLEDGE THE  RECEIPT OF ENVIRONMENTAL 

RECOMMENDATIONS

 

WHEREAS, the Town of Yates has received information on the Environmental   recommendations for Water District # 4 Phase 8,

 

BE IT RESOLVED, the Town of Yates hereby acknowledges the receipt of this information

 

Offered by Councilman  Belson   who moved its adoption

Seconded by Councilman Rutledge

 

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

 

 

 

 

RESOLUTION NO. 29-1/08

 

 SEQR RESOLUTION  NEGATIVE DECLARATION

 

WHEREAS,

1)      In accordance with the New York State Environmental Quality Review regulations (SEQR), the Town Board of the Town of Yates announced its intent to serve as lead agency on November 8,2007, to conduct an environmental review of the extension of public water facilities along portions of Alps Road and East Yates Center Road to serve the Town of yates Water District No.4 Phase VIII.  The project will improve the quality and quantity of water available to area residents.

2)      The Town Board has determined that as a portion of the project is within Orleans County Agricultural District No.1, the proposed action is a Type I action as defined under SEQR.

3)      The Town Board, in its capacity of lead agency, has caused to be prepared an environmental assessment of the significance of and potential environmental impact of the action described above.

4)      On November 20, 2007, the Town Board notified the Involved Agencies of its intention to act as Lead Agency for this project and circulated the full Environmental Assessment Form.

5)      Comments on the EAF from Involved and Interested Agencies have been addressed (see Negative Declaration)_.  The Town will obtain all necessary permits and approvals from Involved Agencies and will comply with agency requirements.

6)      The Town Board has considered the Environmental Record prepared for this action including any comments received from the Involved Agencies, and the proposed Negative Declaration

NOW THEREFORE BE IT RESOLVED

The Town Board declares that it will serve as lead agency for the extension of public water supply facilities to Water District No.4 Phase VIII; and

The Town Board declares that based on the Environmental Record 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.

 

Offered by Councilman Rutledge   who moved its adoption

Seconded by Councilman Harmer

 

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

 

REPORT OF TOWN OFFICERS

 

Code- Dan stated he is doing fire inspections

Assessor- Working on exemptions

Highway –Chatfield has done as built maps for phase 6B

Councilman Harmer- Letter from S. Townline Road  resident as follows;

 

I am requesting public water to be delivered to 11787 South Town line Road Lyndonville.  The reason for this request for public water is that in the last 4 out of 5 years we have run out of water for 2 months because of lack of water from our private well source.  Your consideration in this matter would be appreciated.  Sincerely yours Nelson Woodworth..

 

Supervisor Martino suggested that the Board review this request at the next workshop meeting and the letter shall be placed with the Town minutes.

 

Supervisor- $8,180 received from the state for the update done by the Assessor this year

Red Cross Chinese Auction and Steak dinner March 8,2008 4-7

 

 

RESOLUTION NO.30-1/08

 

RESOLUTION TO PAY BILLS

WHEREAS, all claims have been audited by the Town Board and found to be a proper claim, be it

 

RESOLVED, the Supervisor shall pay claims as follows:

 

A                     22,288.44            

B                       1,024.52              

DA                   17,705.17         

DB                   10,000.00          

Water 4            29,266.77   

Water 2              9,042.64 

 

TOTAL     89,327.54

 

Offered by Councilman Harmer, who moved its adoption

Seconded by Councilman Belson

 

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

 

Motion by Councilman Rutledge , whereas  there is no further business, to be brought before the Board at this time the meeting be adjourned at 7:25  Seconded by Councilman Belson 

 

 

 

Town Of Yates

Brenda B. Donald

Town Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOWN OF YATES

SPECIAL BOARD MEETING

JANUARY 29,2008

 

 

The Special meeting  was called to Order by the Supervisor at 3:30 P.M. at the Town Hall 8 South Main Street, Lyndonville NY

 

THOSE OFFICERS PRESENT: Russell Martino- Supervisor

                                                     

                                                     John Belson-Councilman

                                                     Rick Harmer-Councilman

                                                     Brenda Donald- Town Clerk

 

RESOLUTION NO.31-1/08

 

RESOLUTION TO CALL TO ORDER A PUBLIC HEARING FOR WATER PHASE 8

 

A special meeting of the Town Board of the Town of Yates, in the County of Orleans, New York was held at the Town Hall, in said Town, on the 29th day of January, 2008.

 

 

PRESENT:

                Hon. Russell Martino, Supervisor

                Ricky Harmer, Councilperson

                John Belson, Councilperson

               

ABSENT:

            Bradley Bentley, Councilperson

                Jerry Rutledge, Councilperson

 

___________________________________________________

 

                                                In the Matter

                                                     of the

 

Increase and Improvement of Facilities of Water Improvement

District No. 4, Phase 8, 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

FEBRUARY 14, 2008

 

                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 12,300 linear feet of 8-inch water main 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  East Yates Center Road (3500 linear feet) and Alps Road (8800 linear feet) in the Town (referred to herein as the “Phase 8 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 $461,250.00, 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 $400,000.00 grant funds from GOSC are authorized to be applied towards the cost of redemption of the Town’s obligations issued to finance the Phase 8 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 14th day of February, 2008 at 7:00 o’clock P.M. (Prevailing Time) to consider said 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.

DATED:  January 29, 2008

                                 

Offered by Councilman Harmer, who moved its adoption.

Seconded by Councilman Belson

 

Adopted. 3 ayes; 0 nays 2 absent (Rutledge, Bentley)

 

Motion by John Belson, Whereas there is no further business to be discussed at this time the meeting be adjourned at 3:45  Seconded by Councilman Harmer

 

Adopted 3 ayes; 0 nays; 2 absent (Rutledge, Bentley)

 

 

Brenda B. Donald

Town Clerk

Town of Yates