TOWN OF YATES

  REGULAR BOARD MEETING

 

December 8, 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

                                                      Bradley Bentley-Councilman

                                                      Jerry Rutledge-Councilman

                                                      Brenda Donald-Town Clerk

                                                      Roger W. Wolfe, Highway Superintendent

      Michelle Harling-Assessor

      David Schubel-Town Attorney

    

OTHERS                                      Larry Wolfe-Resident

                                                      George Kiefer-Resident

                                                      Mr & Mrs. Majorowski-Residents           

                                                      Steve Freeman-Resident

                                                       J. Mayhem

                                                      Don Lamay-Resident

 

 

 

 

Privilege of the floor

 

S. Majorowski- I received  a response from David Schubel and John Belson on my questions on assessing and was not satisfied with the response. I feel there are inaccuraties in assessments and I have proof.

 

John Belson stated that Hawley plans on having a Town meeting in the Town of Yates  next year.

 

 

George Kiefer- requested that it be checked into for the use of the upstairs of the Town hall for his Karate classes

 

 

RESOLUTION NO. 91-12/11

                            

RESOLUTION TO ACCEPT THE MINUTES OF THE NOVEMBER 10.2011 MEETING

 

RESOLVED, to accept the minutes of  November 10,2011 as presented to each Board Member.

 

Offered by Councilman, Rutledge, who moved its adoption.  .

Seconded by Councilman Harmer

  

 Adopted.   5 ayes; 0 nays

 

RESOLUTION NO. 92-12/11

 

RESOLUTION TO SET YEAREND MEETING FOR THE TOWN OF YATES

 

RESOLVED, to have the yearend meeting for the Town of Yates on Wednesday December  28th 10:00 A.M.

 

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Bentley

 

Adopted. 5 ayes; 0 nays

 

RESOLUTION NO.93-12/11

 

RESOLUTION TO AUTHORIZE THE SUPERVISOR TO SIGN A RENTAL AGREEMENT WITH  ORLEANS COUNTY OFFICE OF THE AGING FOR USE OF BUILDING SPACE

 

RESOLVED to have the Supervisor sign an agreement with Orleans County Office for the aging for rental space as follows:

 

This agreement shall run from January 1, 2012 to December 31,2012.  The Town of Yates agrees to donate space for the Orleans County Office for the Aging’s Elderly Nutrition Program.  The building will be available for the program from 10 am to 2 pm, Monday, Tuesday and Thursday to serve senior citizens a noon meal.  An in-kind donation of $400.00 per month will be made to the Orleans County Office for the Aging.

 

The Town will provide:

1-Space adequate to properly feed 60 people per day in accordance with health and fire department standards.

 

2- The use of the kitchen during these hours for the preparation and clean up from meals, such meals to be delivered to the site.

 

3- Adequate hot water will be supplied for dishwashing.

 

4-Suitable rest rooms and coat and boot storage as needed by the participants for their comfort and safety.

 

5- Snow removal from sidewalks and driveways.

 

6- Trash and garbage will be removed and placed for garbage pickup as often as town will pick up.

 

7- Adequate heat and ventilation will be provided for comfort of the participants.

 

8- Janitorial Services-cleaning floors , rest rooms, and mopping as required.

 

9- Adequate tables and chairs to seat 60 people.

 

10. Parking for 15 cars.

 

Orleans County Office for the Aging will ensure that subcontractor will provide:

 

1-Adequate liability Insurance to cover participants and staff during meal hours.

 

2-Adequate paper products, dishwashing detergent, sanitizer, hand washing soap, garbage pails, liners, etc for program operations.

 

3-Proper clean up of tables, chairs, kitchen, etc. after each day’s program, leaving area in same condition as found upon entering.

 

4-Sweep the kitchen and dining room floors daily and spot mop as needed.

 

The Town of Yates will not assign, transfer or convey or otherwise dispose of the agreement with out previous consent of the Orleans County Office for the Aging.  In the event of cancellation of the agreement by either party, the Orleans County Office of the Aging reserves the right to make final disposition of all equipment purchased on account of the agreement and the town will have the first option to purchase the equipment.

 

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Harmer.

 

Adopted. 5 ayes; 0 nays

 

RESOLUTION NO. 94-12/11

 

TO ACCEPT STEPHEN FREEMAN’S RESIGNATION FROM THE PLANNING AND ZONING BOARD

 

WHEREAS, L. Stephen has presented the following letter to the Town Board:

 

I would like to submit my resignation to my positions on the Town of Yates Planning Board and to the Town Zoning Board of Appeals effective on Saturday December 3, 2011. 

 

I would like to thank the Town Board for the opportunity to serve on these Boards over the last years.

 

I would like to keep my position on the Orleans County Planning Board.

 

BE IT RESOLVED, the Town of Yates Town Board accepts L. Stephen Freeman’s resignation with regret.

 

Offered by Coucilman Bentley who moved its adoption.

Seconded by Councilman Harmer.

 

Adopted. 5 ayes; 0 nays

 

RESOLUTION NO.95-12/11

 

RESOLUTION TO APPOINT RALPH SMITH TO REPLACE L. STEPHEN FREEMAN ON THE PLANNING BOARD

 

WHEREAS, the Town has accepted the resignation of L. Stephen Freeman from the Planning Board, be it

 

RESOLVED, the Town Board hereby appoints Ralph Smith 12473 Barnum Lane (Lakeshore Road) to the Town of Yates Planning Board to fill out the term of L. Stephen Freeman.  The term of office for Ralph Smith shall be 1/1/2012 thru 12/31/2014

 

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Harmer.

 

Adopted. 5 ayes; 0 nays

 

 

 

RESOLUTION NO.96-12/11

 

RESOLUTION TO UPGRADE ACCOUNTING PROGRAM FOR BOOKKEEPER

 

WHEREAS, The town of Yates will upgrade with the current software vendor, KVS Information Systems, Inc., the Accounting and Payroll system.

WHEREAS, KVS is on the OGS state Contact #63243 and has 280 clients in New York State.


WHEREAS, the accountant recommends the KVS Information Systems, Inc., which has a reputation of stability and success.

WHEREAS, the software will be installed on a hosting site (Cloud computing) that includes security,  backups, and updates.

RESOLVED, that the Town Board hereby authorizes the upgrade accounting software system with KVS Information Systems, Inc. at a cost of $14,374 and a annual support cost of $2,415

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Bradley 

Adopted. 5 ayes; 0 nays

 

RESOLUTION NO. 97-12/11

RESOLUTION TO AUTHORIZE THE SUPERVISOR TO SIGN A CONTRACT WITH ORLEANS COUNTY FOR DOG CONTROLL

WHEREAS, Orleans has presented a contract to the Town of Yates for dog control as follows:

 

TOWN ANIMAL CONTRACT

 

Made as of the 1st of January 2012, pursuant to the provisions of the Agriculture and Market Law of the State of New York, by and between the Town of Yates a municipal corporation in the State of New York hereinafter referred to as “Town”, party of the first part; and ORLEANS COUNTY, a municipal corporation in the State of New York, hereinafter referred to as “County” party of the second part.

 

WITNESSETH:

WHEREAS, the County in consideration of the payment to it by the Town of the Sum of Money to be paid in the manner and at the times hereinafter particularly described hereby covenants and agrees as follows:

 

1-The County through its duly appointed agents and employees within the corporate limits of the Town and County, will carry out the duties and responsibilities of Animal Control Officer in the enforcement of the provisions of Article 7 of the Agriculture and Market Law and any rules and regulations promulgated pursuant thereto.

 

2-The County will provide and maintain a shelter or pound for seized dogs, will properly care for all dogs in such shelter and will humanely euthanize or make available for adoption, seized dogs not redeemed as provided in Article 7 of the Agriculture and Market Law.  Such shelter shall, at all times during the term hereof, be under the care and charge of a competent employee and shall be open to the public at reasonable hours.

 

3-The County will follow the provisions of Article 7of the Agriculture and Market Law and any rules and regulations promulgated pursuant thereto in relation to the seizure, holding care, redemption and disposition of seized dogs.

 

4-The County will file and maintain a complete record of any seizure and subsequent disposition of any dog in the manner prescribed by the Commissioner of Agriculture and Markets as well as any other records required by Article 7.

 

5- The County will retain any impoundment fees and other monies collected in carrying out the provisions of this agreement.

 

6-In consideration of the performance by the County of the terms of this agreement, the Town hereby agrees to pay the Orleans County Treasurer the sum of $1,940.46.

 

7- In addition to the sum set forth in paragraph 6 and remitted hereunder, when an appearance ticket is issued by the Animal Control Officer for a violation of the provisions of Article 7 of the Agriculture and Market Law or any local law or ordinance and a fine is realized as a result of prosecution in the Town Court by the animal control officer of the County, all moneys collected as fines or penalties shall be remitted to the Orleans County Treasurer and shall become the property of the County of Orleans.  Such moneys shall be used only for controlling dogs and enforcing Article 7 of the Agriculture and Markets Law and any rule, regulations, local law or ordinance adopted thereto.

 

8- The Town shall pay the County the sum of money set forth in paragraph 6 in two (2) equal payments, the first payment being due on or before July 1, 2012 and the second payment being due on or before December 21,2012.

 

9- This agreement shall obligate the County to provide the services herein through December 31,2012

 

10-Both parties agree that the consideration to be paid to the County for the  years after expiration of this agreement, shall be agreed upon by October 1st of this agreement’s expiring year.

 

11-This agreement shall commence on January 1, 2012 and terminate on December 31,2012.

 

Offered by Councilman Bradley who moved its adoption.

Seconded by Councilman Harmer

 

Adopted. 5 ayes; 0 nays

 

 

RESOLUTION NO.98-12/11

 

AUTHORIZE THE SUPERVISOR TO SIGN AN AGREEMENT WITH ORLEANS COUNTY FOR CONTROLL OF ICE AND SNOW AND FOR MOWING ON COUNTY ROADS

 

WHEREAS, Orleans County has presented an agreement for control of ice & snow and mowing on County Roads as follows:

 

THIS AGREEMENT dated as of the 1st day of October 2011, by and between the COUNTY OF ORLEANS, acting through the Superintendents of Highways of said County (hereinafter the County) and the TOWN OF YATES, acting through the Superintendent of Highways of said Town (hereinafter the Town) (collectively the Parties) as follows:

 

WHEREAS, section 135-a of the Highway Law provides that the County Superintendent of Highways may contract with the Town for the control of ice and snow on County Highways subject to the approval of each of the Legislative bodies of said County and Town; and

 

WHEREAS, the Town is willing to perform the work of such control of ice and snow upon such terms, rules and regulations as are contained herein and deemed by the County Superintendent of Highways to be for the best interests of the people of the County of Orleans; and

 

WHEREAS, Section 135 of the Highway Law provides for the cutting of noxious weeds within the bounds of the County Roads; and

 

WHEREAS, the Town is willing to perform the work of cutting weeds upon such terms,rules and regulations as are contained herein and deemed by the County Superintendent of Highways to be for the best interests of the people of Orleans County.

 

NOW THEREFORE, in consideration of the mutual covenants and agreements between the parties hereto, it is agreed as follows:

 

1)      The terms of the agreement shall be for five (5) years commencing as of October 1,2011, terminating September 30, 2016 except the parties may request to renegotiate the prices and rates contained in paragraph 4) and 7) hereof upon either party notifying the other in writing, of such party’s wish to renegotiate, such notices  to be delivered prior to August 1st of any year commencing with the first right to renegotiate being by notice given prior to August 1st 2012.  Additionally. In the event that the County rescinds the current resolution in effect for disposition of County sales tax revenues whereby towns receive a percentage of the net collections from sales tax, the parties agree to open negations within thirty (30) days of the adoption of the rescinding resolution for the purpose of renegotiating the prices and rates contained in paragraph 4) and 7).

 

CONTROL OF ICE AND SNOW

 

2)      The Town shall provide all the labor, materials and equipment necessary for the control of ice and snow on such County Highways as designated by the County Superintendent to the extent that the County Superintendent deems necessary to provide reasonable passage and movement of vehicles over said highways, and shall include clearing pavement and pushing of snow as near the ditch lines as practicable to provide room for future storms and ensure that it melts down to the ditches, together with sanding of hills, curves and intersections and such other places as may cause dangerous driving conditions.

3)      The County Superintendent shall furnish the Town with a suitable map of such municipality which shall delineate the County Highways within the boundaries of the Town and shall show distinctively the County Highways or parts thereof that are affected by this Agreement, for each year of the term to show the changes, if any, to the County Highways affected by this Agreement.  Any such map shall be agreed upon in writing by the County Superintendent and the Town.

4)      In consideration of the performance of the Town, the County agrees to pay to the Town the following rates per season for each mile of  County roads sanded by the Town and for each mile of County roads plowed by the Town:

 

2011-2012 Season: Sanding and Plowing per mile………..$5,375.00

 

The per season sanding and plowing rate will be adjusted upwards at the beginning of each additional season beginning with the 2012-2013 season.  This adjustment will be based upon the Consumer Price Index for all urban consumers (all items) (hereibafter “CPI-U) as published by the U. S. Department of Labor, Bureau of Labor Statistics, for the Buffalo Metropolitan area.  The adjustment will be equal to the net percentage of change over the then most recent twelve (12) month period for which the index figures are available as of July 1 preceding the season.  The County shall notify the Town of any adjustment for Town budgetary purposes as soon as practicable after the index figures are available.

 

5)      The consideration as set forth above will be paid annually by the County to the Town as follows:  by June 30th

 

MOWING OF COUNTY ROADS

 

6)      The Town shall provide all the labor materials and equipment necessary for the mowing of weeds on such County Highways as designated by the County Highway Superintendent.  There shall be three (3) mowing each of which will be mowed to the standard which the Town roads are mowed.  The first mowing shall take place no later than July 1.  A second or third mowing shall consist of mowing to the right-of-way line whenever possible.  It is the intent of these specifications that only areas accessible to tractor mowers shall be mowed.

 

7)      In consideration of the performance of the Town, the County agrees to pay for the mowing of weeds on 20.7 miles of County roads at the following rates:

 

2012 Season Mowing per mile……………$560.00

 

The annual mowing  rate will be adjusted upwards at the beginning of each additional season beginning with the  2013.  This adjustment will be based upon the Consumer Price Index for all urban consumers (all items) (hereibafter “CPI-U) as published by the U. S. Department of Labor, Bureau of Labor Statistics, for the Buffalo Metropolitan area.  The adjustment will be equal to the net percentage of change over the   most recent twelve (12) month period for which the index figures are available as of July 1 preceding the season.  The County shall notify the Town of any adjustment for Town budgetary purposes as soon as practicable after the index figures are available.

 

 

8)      The Town shall so conduct the work that persons and property are protected at all times.  The Town shall protect, indemnify and hold harmless including payments to officers, agents, employees, and the owners of land upon which any operations under this agreement take place, from the liability, cost, loss or damage on account of any injury to person, property or both arising from the Town’s performance under contract.  The Town shall defend at his own expense all suits which may be brought to recover damages arising from the Town’s performances under this agreement including suits or actions against the persons named above.

 

The Town shall procure at his own expense and maintain for the life of this agreement. Insurance for injury, damage, costs or claims in the kind and amounts as specified in Attachment A. Such policies shall embrace all operations to be performed under the contract.  All insurance with the exception of Workers’ Compensation and Employers Liability shall name Orleans County as additional insured.

 

No work is to be commenced until all required certificates of insurance have been accepted by the Orleans County Attorney.  All policies must provide a 30-day written notice prior to expiration, cancellation or diminishment and renewal certificates must be submitted prior to expiration date. Any deductibles or self-insured retention must be declared to and approved by the County.

 

9) The Town of Yates shall not assign, transfer, convey subcontract or otherwise dispose of this agreement or any of its right, title, or interest therein or its power or authority to execute this agreement to any other person, company, corporation or municipal entity without the prior consent in writing of the County.

 

9)      Bothe parties agree that prior to August 1, 2016 this agreement will be renegotiated to determine whether the Agreement should be renewed beyond September 30,2016.

 

ATTACHMENT A

 

COUNTY OF ORLEANS STANDARD INSURANCE REQUIREMENTS

PUBLIC ENTITY CONTRACT

General Purpose Contracts for Public Services By Villages and Towns including but not limited to Snow Removal

 

A.    Comprehensive General Liability-with minimum combined single limit of liability for Bodily Injury and Property Damages of 1,000,000 per occurrence and annual aggregate.  The coverage shall include:

Premises and Operation, Products and Completed Operations, Independent Contractors, Contractual Liability (Sufficient to cover all liability assumed under contracts with the County of Orleans) Personal Injury Liability (Coverage A,B,and C)

Broad Form Property Damage for Snow Removal & Mowing Contracts

 

B.     Automobile Liability- With a minimum combined single limit of liability for Bodily Injury and Property Damage of 1,000,000 each occurrence.  The coverage shall include Owned, Hired and Non Owned Autos (Symbol “I” should be designated for Liability coverage on Business Auto Policy)

 

C.     Optional Excess “Umbrella Liability-If excess umbrella liability is provided with a minimum limit of 1,000,000 underlaying coverage can be reduced to 500,000

 

D.    Workers Compensation and Employers’ Liability providing statutory coverage in compliance with the Workers Compensation Law of the State of New York.

 

E.     Disability Benefits-providing statutory coverage in compliance with the New York State Disability Benefits Law.  Comprehensive General Liability Automobile Liability and Excess Umbrella Liability shall name the County of Orleans and any Board Bureau Commission or Agency thereof as additional insured

 

BE IT RESOLVED, THE SUPERVISOR AND THE HIGHWAY SUPERINTENDENT ARE AUTHORIZED TO SIGN THIS AGREEMENT WITH ORLEANS COUNTY

 

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Bradley

 

Adopted. 5 ayes 0 nays.

 

Report of Officers

 

Michele Harling Assessor- printing exemption forms to mail out

 

Roger Wolfe Highway- trimming trees and cleaning ditches

 

Councilman Wes Bradley—National Grid is starting to install poles on Route 18

 

John Belson-Supervisor- Conflict of interest question has been sent to the State Comptrollers office.

 

S. Majorowski asked if people could be e-mailed when Hawley has a town hall meeting

Supervisor Belson stated it would be on our web-site

 

RESOLUTION NO.99-12/11

 

RESOLUTION TO PAY BILLS

 

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

 

RESOLVED to pay bills as follows:

 

A-Account                                   46,119.28

B-Account                              $     2,649.22

DA-Account                           $    47,235.81

DB-Account                                 44,037.52

Water 4 Account                           23,791.79

 

 

TOTAL                                        166,733.62

Offered by Councilman Rutledge who moved its adoption

Seconded by Councilman Harmer

 

Adopted .5 ayes; 0 nays 

 

Motion made by Councilman Rutledge whereas there is no further business to be brought before the Board at this time the meeting be adjourned at 7:20  P.M.

Seconded by Councilman Harmer

Adopted  5 ayes 0 nays

 

 

Brenda B. Donald

Town of Yates

Town Clerk