TOWN OF YATES
REGULAR BOARD MEETING
MARCH 10,2011
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
Daniel Wolfe-Code/Zoning Officer
David Schubel-Town
Attorney
OTHERS Larry Wolfe-Resident
Josette Lauze-Residents
Paul Lauricella-Resident
Sandra Lauricella-Resident
RESOLUTION NO. 36-3/11
RESOLUTION TO ACCEPT
THE MINUTES OF THE FEBRUARY 10, 2011 MEETING
RESOLVED, to accept the minutes of February 10, 2011 meeting as presented to each Board Member.
Offered by Councilman, Rutledge
who moved its adoption. .
RESOLUTION NO.37-3/11
TOWN OF YATES WATER DISTRICT NO.4 PHASE 10 LATERAL RESTRICTION RESOLUTION.
WHEREAS,
the Town Board of the Town of Yates has created the Town of Yates Water
District No. 4, Phase 10 pursuant to Town Law for the express purpose of
providing public water supply to residents along portions of Ward Road, Goodwin Road and Woodworth Road;
and
WHEREAS, part of the land area within
Water District No. 4, Phase 10 is also within Orleans County Agricultural
District No. 1; and
WHEREAS, the Town Board has filed a
Notice of Intent to Undertake an Action Within an Agricultural District to
evaluate the impact of providing a source of public water supply within this
area on lands within Agricultural District No. 1; and
WHEREAS, the New York State Department
of Agriculture and Markets (“Department”) has expressed concern about the
potential adverse impact that said public water supply is likely to have on
agriculture within the Agricultural District,
NOW THEREFORE BE IT RESOLVED, that the
Town Board, in recognition of the concerns that have been raised, hereby
resolves to adopt the “Lateral Restriction - Conditions on Future Service”
specified by the New York State Department of Agriculture and Markets as
follows:
Lateral Restriction - Conditions on Future Service
The Town of Yates imposes the following conditions, as
warranted or recommended on the management of water/sewer lines located along the portions of Ward Road, Goodwin Road and Woodworth Road, included in Water District No. 4, Phase 10, within an
agricultural district:
(1) The only land and/or
structures which will be allowed to connect to the proposed waterline or sewer
within an agricultural district will be existing structures at the time of
construction, further agricultural structures, and land and structures that
have already been approved for development by the local governing body prior to
the filing of the Final Notice of Intent by the municipality.
Land and structures that have been approved for development refer to
those properties/structures that have been brought before a local governing
body where approval (e.g., subdivision, site plan, and special permit) is
needed to move forward with project plans and the governing body has approved
the action. If no local approval is required
for the subdivision of land and/or the construction of structures, the
municipality accepts the limitation under Public Health Law §1115 that defines
a “subdivision,” in part, as “any tract of land which is divided into five or
more parcels.” Water and/or sewer
service will not be extended to the fifth and subsequent parcels where no local
approval is required and the land is located within a county adopted, State
certified agricultural district.
(2) If a significant
hardship can be shown by an existing resident, the lateral restriction to the
resident’s property may be removed by the municipality upon approval by the
Department. It is the responsibility of
the resident landowner to demonstrate that a hardship exists relative to his or
her existing water supply or septic system and clearly demonstrate the need for
public water or sewer service. The
municipality shall develop a hardship application to be filed with the
municipality, approved by the County Department of Health, and agreed to by the
Department of Agriculture and Markets.
(3)
If it can be demonstrated to the Department’s
satisfaction that the landowner requested the county to remove his or her land
from an agricultural district at the time of district review and the county
legislative body refused to do so, lateral restrictions may be removed by the
municipality if the Department determines that the removal of the restriction
for the subject parcel(s) would not have an unreasonably adverse effect on the
agricultural district.
(4)
If land is removed from a county adopted, State
certified agricultural district and the district has been reviewed by the
county legislative body and certified by the Commissioner for modification,
lateral restrictions imposed by the municipality are no longer in effect for
the parcels of land that have been removed from the agricultural district.
Offered by Councilman Rutledge who moved its adoption.
Seconded by Councilman Harmer.
Adopted. 4 ayes; 0 nays; 1 absent (Bentley)
The Town Supervisor John Belson has been checking into insurance and has found that MGM Associates Insurance can save the Town a considerable amount of money for the Town insurance.
RESOLUTION NO.37-3/11
RESOLUTION TO HAVE THE SUPERVISOR SIGN A CONTRACT FOR INSURANCE
WHEREAS, MGM Associates Insurance has give the Town of Yates a quote for insurance that is a considerable savings over the present insurance carries, be it
RESOLVED, the Supervisor is hereby authorized to sign a contract with MGM Associates Insurance, 1745 Penfield Road, Penfield NY 14526 for the Insurance for the Town of Yates. The effective date will be February 28,2011.
Offered by Councilman Bradley who moved its adoption.
Seconded by Councilman Rutledge.
Adopted. 4 ayes; 0 nays; 1 absent (Bentley)
Lee Boyce was approved by the Town to do the mowing of the cemetery and park for an amount of $16,000 for the 2011 year. Mr. Boyce has presented his proof of insurance.
RESOLUTION NO.38-3/11
RESOLUTION TO AUTHORIZE CONTRACT FOR MOWING
WHEREAS, Lee Boyce . 11992 Lakeshore Road has presented his proof of insurance, and the amount that he requested has already been approved, be it
RESOLVED, The Supervisor is hereby authorized to sign a mowing agreement with Lee Boyce for
AGREEMENT
THIS
AGREEMENT, made on the 21th day
of February 2011 by and between the Town of Yates, party of the first
part, hereinafter called the
owner, and Leland H. Boyce Sr.
, party of
the second part, hereinafter called the "“Contractor"”
WITNESSETH
That
the Contractor and the Owner for the consideration hereinafter named agree as
follows:
1-SCOPE
OF THE WORK
Contractor
hereby agrees to furnish all materials and all of the equipment and labor
necessary, and to perform all of the work described in the annexed proposal and
bid documents, and to do all of the work required in a good and workman-like
manner and in accordance with the standard practice of the trades or skills
involved. Bid documents shall include
the notice to bidder, bid form, specifications and this agreement
2-TIME
OF COMPLETION-DURATION OF CONTRACT
The
work to be completed under this contract shall be commenced with
in five days after the execution of this agreement by both parties and
the entire work contemplated by this contract shall be completed and this
contract shall terminate on December 31, 2011 This agreement may be
extended annually by mutual written
consent and agreement of the parties, subject to and upon compliance with laws
of the State of New York.
3-CONTRACT
SUM
The
owner shall pay to the Contractor for the performance of the contract a sum not
to exceed $16000.00, for the Lynhaven, Yates Center, Beecher and Greenman
Road Cemeteries, and Town of Yates Park
The
Owner shall pay the contractor only for work completed and after Certification
by the Superintendent of Cemeteries of the Town of Yates ,
that such work is in accordance with the specifications. Payment will be made once monthly for the
duration of the contract. Payments will
be made based on eight equal payments, each payment will be one eighth (1/8) of
the total bid. Payments will be $2,000.00 each starting in April and the last payment
will be in November.
5-INDEMNIFICATION,CONTRACTORS DEBT AND CLAIMS
The
Contractor agrees to indemnify and save harmless the Owner and the Owner’s
agents from all claims of any nature arising out of the performance of the work
required by this contract. The
Contractor shall, at the Owners request, furnish satisfactory evidence that all
obligations for any sub-contractor, laborers, or materials have been paid,
discharged or waived. If the Contractor
fails to do so, the Owner may, after having notified the Contractor, either pay
any such unpaid bills or withhold from the Contractors unpaid compensation a
sum of money deemed sufficient to pay any such claims, until proof of payment
has been presented. Any payment so made
by the Owner on the Contractor’s unpaid debts shall be deemed and considered a
payment made on the amount due under this contract.
6-INSURANCE
REQUIREMENTS
In
addition to New York State Disability Insurance and Worker’s Compensation
Insurance, as required by law, the Contractor shall maintain the following
during the term of this contract:
A- General Liability
Insurance-Contractor’s Liability Insurance issued to, and covering legal
liability of Contract with respect to all work performed by him under this
agreement.
THE
FOLLOWING COVERAGE SHALL BE INCLUDED:
a-Contractor’s Protective Liability, covering work performed by Sub-Contractors
Coverage
for all of the above will be required in not less than the following amounts:
BODILY
INJURY LIABILITY---Each Occurrence--$1,000,000.00
Aggregate 1,000,000.00
PROPERTY
DAMAGE LIABILITY---Each Occurrence--$ 500,000.00
Aggregate $1,000,000.00
A-
Certificate of Insurance shall be submitted to the Town within 20 days of
signed agreement and prior to the start of any activity
B- All such insurance shall
name the Owner as and additional insured.
7-CLEAN-UP
SITE MAINTENCE
Contractor
agrees to neatly maintain the work area during progress of the work and to
completely clean-up the site upon completion in accordance with the directions
of the Town of Yates
Superintendent of Cemeteries and shall leave the site in a neat and orderly
condition.
8-OTHER
LAWS
The
Contractor agrees to comply with all Federal and State laws and regulations
applicable to the work.
9-VOUCHER
The
Owner will pay the Contractor upon the submission of monthly vouchers approved
by the Owner and audited by the Town Board of the Town of Yates.
10-
EMPLOYEE
The
Contractor certifies that he will pay his employees or workmen involved in this
project .
11. All specifications shall be followed by the
contractor. The Town reserves the right
to terminate this contract by written notice to the contractor immediately upon
delivery of such notice, from lack of performance or quality of workmanship. The Town shall not be responsible for payment
of the remainder of the contract if contract is terminated.
12-
This Agreement should be signed only on acceptance of bid.
13-
The Town reserves the right to evaluate and/or reject any and all bids, in whole
or in part and to waive technicalities, irregularities and omissions if in his
considered judgement, the best interests of the Town
will be served. In the event
satisfactory bids
fully in accord with the bid documents are not received the Town
reserves the right to consider late or non-conforming bids.
IN
WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written. The signature of both parties is required to make
this a binding agreement and contract.
Offered by Councilman Rutledge, who moved its adoption
Seconded
by Councilman Harmer
Adopted.4
ayes; 0 nays 1 absent (Bentley)
Councilman
Bradley-
1-Lime
Energy has completed the installation of new lighting in the Town Hall and the
Highway garage. National Grid will also
be auditing the usage of outside lights and the heater in the breakroom at the Garage.
2-
Youth basketball sent
a report to the Town stating that there were about 110 children involved this year. The Town, Village and the Lyndonville
Foundation sponsor the basketball and wrestling for the fall.
3-
The Lyndonville Fire Department is in the process of purchasing an all terrain vehicle
for the Fire Department which will aide in rescues where
homes are a long distance from the road. This all terrain vehicle has
tracks and a sled for transporting persons.
Assessor- Have been doing exemptions and valuations this month. The tentative and final rolls will be on the Town Website.
Town
Clerk- the transition from the State doing dog license to the Town doing them
has gone smoothly.
Supervisor
Belson
Legislative
Meeting March 22,2011 6:30 PM Village Inn. If
interested contact Brenda.
Roswell
Park will be having a bike ride to earn money for cancer research and will be riding along some
of the roads in the Town of Yates.
We
were contacted by Rural Development stating that we needed to belong to CCR
Central Contractors Database in order to receive Rural Development grants and
loans.. This
has been taken care of.
RESOLUTION NO.39-3/11
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as follows:
A-Account 46, 525.69
B-Account $ 739.22
DA-Account $40,692.18
DB-Account 4,889.87
Water 4 Account 16,333.60
Fire Account $40,950.00
TOTAL $150,501.81.
Offered by Councilman Rutledge, who moved its adoption
Seconded by Councilman Bradley
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 7:20 P.M.
Seconded by Councilman Bradley
Adopted4 ayes; 0 nays1 absent (Bentley)
Town of Yates
Brenda B. Donald
Town Clerk