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.  .

Seconded by Councilman Bradley  

  

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

 

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

Youth Account                       $     371.25

 

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