Town of
Regular Board Meeting
The regular meeting was called to
Order by the Supervisor at
THOSE OFFICERS PRESENT: Russell Martino- Supervisor
Jerry Rutledge-Councilman
John Belson-Councilman
Rick Harmer-Councilman
Bradley Bentley,Counciman
Roger W. Wolfe –Highway Water
Superintendent
Brenda Donald- Town Clerk
David Schubel- Attorney
Michele Harling-Assessor
Dan Wolfe-Code & Zoning
OTHERS Lynne Johnson-Legislature
Larry Wolfe-Resident
The Public Hearing on the application for a
Small Cities grant for the Town of
The Supervisor
explained that Ridgeway and Yates would like to file a joint application in
order to install water mains on Goodwin Road Ward Road
and
RESOLUTION
NO.43-4/09
RESOLUTION TO CLOSE
PUBLIC HEARING
WHEREAS, the
application was explained by the Supervisor and
WHEREAS, all persons
either for or against the application for a Small Cities Grant were heard, be
it
RESOLVED
the Public Hearing be closed at
Offered by
Councilman Rutledge, who moved its adoption.
Seconded by
Councilman Belson
Adopted. 4 ayes; 0 nayes;
RESOLUTION
NO.44 -4/09
RESOLUTION TO ACCEPT THE MINUTES OF
RESOLVED, to accept the minutes of the March12,2009 as presented to
each Board Member.
Offered by Councilman Belson ,who moved its adoption
Adopted. 4ayes;
0 nays 1 no
vote (Bentley)
RESOLUTION NO. 45-4/09
RESOLUTION TO SUBMIT SMALL CITIES APPLICATION
BE IT RESOLVED, that the Supervisor of the Town of Yates,
Orleans County, New York is hereby authorized as the official representative of
the Town to execute and submit a Small Cities application as a joint
application with the Town of Ridgeway to the New York State Office of Community
Renewal for the Fiscal Year 2009 program, all understandings and assurances
contained therein, and is hereby directed
and authorized to act in connection with the submission of the
application and to provide such additional information as may be requested.
Offered by Councilman Rutledge who moved its adoption.
Seconded by Councilman Bentley.
Adopted. 5 ayes; 0 nays
RESOLUTION NO.46-4/09
RESOLUTION ORDER CALLING PUBLIC HEARING
In the Matter
of the
Increase and Improvement of Facilities of Water Improvement
District No. 4, Phase 10, in the Town of
____________________________________________________
ORDER CALLING PUBLIC
HEARING TO BE HELD ON
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 map, plan and report for the increase and improvement of facilities of the District, consisting of the construction and installation of approximately 17,900 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 Goodwin Road (6700 linear feet) and Ward Road (5750 linear feet), and the north side of Ridgeway – Yates Town Line Road (5450 linear feet) in the Town (referred to herein as the “Phase 10 Water Improvement”) and pursuant to the direction of the Town Board, the Engineer has completed and filed with the Town Board such map, plan and report dated March 23, 2009 for said increase and improvement of facilities of the District; which map, plan and report is on file at the office of the Town Clerk, and available for periodic inspection at such location; and
WHEREAS, in an effort to maximize available grant
funds, the proposed Water District Number 4, Phase 10, is a component of a
larger joint water project with the Town of Ridgeway, Orleans County, New York
(the “Town of Ridgeway”). Such joint
project of the Towns of Ridgeway and Yates is at an estimated maximum cost of
the total project for both Towns of $752,959.
The residents of the proposed Town of Yates Phase 10 Water Improvement
will be soley responsible for the Town of
WHEREAS, the estimated cost of the Phase 10 Water Improvement to the Typical Property (as defined in the Town Law) is $402.00 for the Goodwin Road and Ward Road sections and $439.00 for the Ridgeway – Yates Town Line Road section (such amount includes a Water District charge and the purchase of water), it should be noted that the Town does not anticipate issuing debt to pay for the construction of the Phase 10 Water Improvement; and
WHEREAS, as is more fully described
in the map, plan and report, for the first year, individual property owners
will fall into two categories: (i) income eligible
residences and (ii) non-income eligible residences. Income eligible residences of the
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 20th day of April, 2009 at 3:30o’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.
Offered by Councilman Rutledge, who moved its adopti
Seconded by Councilman Belson
Adopted 5 ayes;0 nays
RESOLUTION NO.47-4/09
RESOLUTION FOR SEQR FOR PHASE 10 WATER DISTRICT NO.4
SEQR RESOLUTION
RESOLVED, that in accordance with the New York State Environmental Quality Review regulations (SEQR), the Town Board of the Town of Yates announces its intent to serve as lead agency to conduct an environmental review relative to Phase 10 Water District No. 4 and ultimately to provide a public water supply to serve properties within the area under Section 617.7 of the New York State Codes, Rules and Regulations (NYSCRR). The project will ultimately involve the construction of approximately 17,900 l.f. of 8 inch watermain along portions of Goodwin Road, Ward Road and Ridgeway – Yates Town Line Road and to provide public water service to a total of 17 existing residences.
FURTHER RESOLVED, that the Town Board has determined that the proposed action is an “Unlisted Action” as defined under SEQR.
FURTHER RESOLVED, that the Town Board, in its capacity of lead agency, has caused to be prepared an environmental assessment of the significance of potential environmental impact of the above listed action. The Town Board hereby accepts the environmental assessment of the proposed project prepared by David C. Schubel, dated April 9, 2009. The Town Board further declares that, based on the environmental assessment 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 for this project.
Offered by Councilman Harmer who moved its adoption.
Seconded by Councilman Bentley
Adopted. 5 ayes; 0 nays
RESOLUTION NO.48-4/09
RESOLUTION MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE TOWN OF YATES ON BEHALF OF THE PHASE 10 SERVICE AREA OF WATER DISTRICT NO.4 AND THE TOWN OF RIDGEWAY ON BEHALF OF WATER DISTRICT NO.11
WHEREAS, the memorandum has been reviewed by the Town Board of the Town of Yates, be it
RESOLVED that the Supervisor be authorized to sign the Memorandum as follows:
Purpose:
The purpose of this memorandum is to identify those features by which the two referenced water service areas will construct the improvements and share the method of operating and maintaining the improvements following the installation of the watermains.
The Town of Yates has created the Phase 10 Service Area of Water District No.4 which includes Ward and Goodwin Roads and a section along the north side of the Ridgeway-Yates Townline Road. The Town of Ridgeway has created Water District No.11 which includes a section along the south side of the Ridgeway-Yates Townline Road which abuts the Service Area in the Town of Yates. The areas along Ward and Goodwin Roads will be served by water from the Village of Lyndonville while the area along the Ridgeway-Yates Townline Road including residences in both Ridgeway and Yates will be served by the Niagara County water system.
The estimated total project cost is $753,000. The Towns are working together to secure funding and the Town Boards have authorized the submission of an application for consideration under the 2009 Annual Small Cities Competitive Round.
Area of Responsibility:
Yates will be the applicant to OCR, Lead Agent under State Environmental Quality Review Act (SEQRA) and NEPA processes and the sponsor for the overall project. Upon approval of the OCR grant and other regulatory approvals, Yates will be the agent to advertise, receive bids and award construction contracts for the entire project.
Yates and Ridgeway have both incurred expenses to date associated with the project, including legal and engineering expenses. Each Town will be independently responsible for paying legal and engineering expenses it incurs up to the date of filing the grant application. The Towns will equally share cost of preparing the Small Cities Application. Following grant approval, and subject to compliance with Small Cities regulations, administrative, legal and engineering expenses will be charged to the grant and paid by the Town of Yates.
All residents in the Town of Yates served by public water currently pay a flat annual charge (exclusive of the purchase of water) of $210.00. All residences in Service Area 10 and all residences along the Ridgeway-Yates Townline Road (including the residences in the Town of Ridgeway) will pay $210.00 per year to their respective Town. Any change in the flat annual fee implemented by the Town of Yates will affect all of the properties served by this project.
The Town of Yates will be responsible for the Operation and Maintenance (O&M) of the proposed water system improvements along Ward and Goodwin Roads. The cost for the O&M will be included in the water rate charged to each user in the Town of Yates water system.
The Town of Ridgeway will be responsible for the operation and maintenance (O&M) of the proposed system improvements along Ridgeway-Yates Townline Road. The cost for the O&M will be included in the water rate charged to each user in the Town of Ridgeway water system.
Offered by Councilman Rutledge who moved its adoption.
Seconded by Councilman Bentley
Adopted. 5 ayes; 0 nays
The Town Bookkeeper has had a letter from NYS Retirement asking for a resolution setting days worked by employees.
RESOLUTION NO.49-4/09
RESOLUTION SETTNG DAYS WORKED BY EMPLOYEES FOR NEW YORK STATE RETIREMENT SYSTEM
WHEREAS, the bookkeeper has given the Town a printout of the employees that are curre3ntly on NYS Retirement System and how they are paid, be it
RESOLVED, the Town of Yates hereby sets the way Retirement days are reported as follows:
Name Title Days per pay
period Frequency
Donald, Brenda---Town Clerk, Reg Vital Stats 10 days bi-weekly
Donald, John—Custodian -Town Hall Hourly bi-weekly
PT-MEO
Heideman,Russell L MEO Hourly bi-weekly
Hydock,David J MEO Hourly bi-weekly
Johnson,Lynne M. Bookkeeper to Supervisor 0 Monthly
Bookkeeper to water
Montague,Dennis N MEO Hourly bi-weekly
Neal,Kenneth B Town Justice 2.5 Monthly
Sanderson,Susane Clerk to Justice Hourly bi-weekly
Thering,Wendy L Deputy Town Clerk Hourly bi-weekly
Wolfe, Daniel J. Code Enforcement Office II Hourly bi-weekly
Part-Time
Wolfe, Roger W. Superintendent Hwy-Cemetery 10 bi-weekly
BE IT FURTHER RESOLVED This Resolution shall be done at the Organizational meeting every year.
Offered by Councilman Harmer who moved its adoption
Seconded by Councilman Belson
Adopted. 5 ayes; 0 nays
Report of Town Officers
Michelle Harling Assessor Change of assessment notices will be going out and grievance day will be May 28 from 4 until 8
Roger Wolfe- Highway and water Superintendent- are adding new water customers.
The Towns of Ridgeway Yates and Shelby are beginning to meet on windmills
RESOLUTION NO.50-4/09
RESOLUTION TO APPOINT TWO PERSONS TO A STEERING COMMITTEE ON WINDMILLS
RESOLVED, to appoint 2 members of the To9wn of Yates Town Board to a Steering Committee to review any information that pertains to wind energy.
BE IT FURTHER R$ESOLVED, that Supervisor Martino and Councilman Belson shall be appointed to this committee.
Offered by Supervisor Martino who moved its adoption.
Seconded by Councilman Rutledge.
Adopted. 5 ayes;0 nays
PAYMENT OF VOUCHERS
RESOLUTION TO PAY VOUCHERS
WHEREAS, all vouchers have been reviewed and approved by the Town Board
BE IT RESOLVED to pay vouchers as follows:
A-Account- 25,619.06
B-Account- 1,063.81
DA Account- 9,762.98
DB Account 5,156.97
Water 4 4,937.63
Phase 8 3,486.65
Phase 9 2,609.30
Youth 1,200.00
TOTAL 53,836.40
Offered by Councilman Belson
who moved its adoption
Seconded by
Councilman Harmer
Adopted. 4 ayes; 0 nays
Moved by Councilman Belson ,whereas there is no further business to be brought before the Board at this time, the meeting be closed at 7:15 P.M. Seconded by Councilman Harmer
Adopted. 5 ayes; 0 nays;
Brenda B. Donald
Town Clerk
Town of Yates
TOWN OF YATES
SPECIAL MEETING
MONDAY APRIL 20, 2009
PUBLIC HEARING
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
Jerry Rutledge-Councilman
Rick Harmer-Councilman
Bradley Bentley,Counciman
Roger W. Wolfe –Highway Water
Superintendent
Brenda Donald- Town Clerk
David Schubel- Attorney
RESOLUTION NO.-52-4/09
RESOLUTION TO CLOSE PUBLIC HEARING
RESOLUTION TO CLOSE PUBLIC HEARING
WHEREAS, the
application was explained by the Supervisor and
WHEREAS, all persons
either for or against the application for a Small Cities Grant were heard, be
it
RESOLVED the Public
Hearing be closed at 3:40 P.M.
Offered by
Councilman Rutledge, who moved its adoption.
Seconded by
Councilman Bentley
Adopted. 4 ayes; 0 nayes; 1 Absent(Belson)
RESOLUTION NO.53-4/09
RESOLUTION AND
ORDER AFTER PUBLIC HEARING
WHEREAS, following the preparation of a map, plan and report by Chatfield Engineers, engineers duly licensed by the State of New York (herein called “Engineer”), for the increase and improvement Water Improvement District No. 4, (herein called “District”) in the Town of Yates (herein called “Town”), in the County of Orleans, New York, consisting of the construction and installation of approximately 17,900 linear feet of 8-inch watermain 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 Goodwin Road (6,700 linear feet) and Ward Road (5,750 linear feet) and the north side of Ridgeway-Yates Town Line Road (5450 linear feet) in the Town (referred to herein as the “Phase 10 Water Improvement”); Phase 10 is a component of a larger project with the Town of Ridgeway; such joint project of the Towns of Ridgeway and Yates is at an estimated maximum cost of the total project for both Towns of $752,959.00; the residents of the proposed Phase 10 will be soley responsible for the Town of Yates portion of the cost at an estimated maximum amount of $586,119.00; such joint project is to be financed by a Small Cities Grant in an amount of $752,959.00; the Town of Yates does not expect to issue bonds, notes or other obligations to finance the Phase 10 construction; and
WHEREAS, the Engineer completed such map, plan and report and estimate of cost and filed same with the Town Board, the Town Board thereafter adopted an order describing in general terms the proposed increase and improvement of the facilities, specifying the estimated cost thereof, and stating that the Town Board would meet to hear all persons interested in said increase and improvement of facilities on April 20, 2009 at 3:30 o’clock P.M. (Prevailing Time) at the Town Hall, in said Town; and
WHEREAS, copies of such Order, certified by the Town Clerk, were duly published and posted pursuant to the provision of Article 12 of the Town Law; and
WHEREAS, such public hearing and a special meeting were duly held by the Town Board on the 20th day of April, 2009 at 3:30 o’clock P.M. (Prevailing Time) at the place designated by said Order; and
WHEREAS, the Town Board has given due consideration to the impact that the increase and improvement of 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, comprising Article 8 of the Environmental Conservation Law and, in connection therewith, a duly processed negative declaration and/or other applicable documentation has been filed in the office of the Town Clerk.
NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby
DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the estimated maximum cost of the total project not to exceed $752,959.00, the Town of Yates portion at the estimated maximum cost not to exceed $586,119.00 and it is hereby
ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the Town Board shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of said facilities and with the assistance of the Town Attorney, prepare a proposed contract for the execution of the work, which plans and specifications, estimate and proposed contract shall be presented to the Town board as soon as possible; and it is hereby
FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by any funds received from federal, state, county and/or local grants including but not limited to approximately $752,959.00 Small Cities Grant funds from GOSC; and it is hereby
FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Orleans County within ten (10) days after adoption thereof.
DATED: April 20, 2009
Offered by Councilman Bentley who moved its adoption.
Seconded by Councilman Harmer
Adopted. 4 ayes 0 nays 1 absent (Belson)
TOWN BOARD OF THE TOWN OF YATES
(SEAL)
RESOLUTION NO.54-4/09
RESOLUTION DULY ADOPTED BY THE TOWN BOARD OF THE TOWN OF YATES, ORLEANS COUNTY, NEW YORK AT A MEETING OF SAID BOARD ON THE 20th DAY OF April, 2009.
WHEREAS, the 1974 Housing and Community Development Act, as amended, established the Small Cities Community Development Block Grant Program and pursuant to that program makes funds available to municipalities on a competitive basis to address their housing and community development needs; and
WHEREAS, the Towns of Yates and Ridgeway share common community development problems, needs and objectives and both would like to receive federal funding to extend public water along the Yates-Ridgeway Townline Road that serves as the border between the two Towns; and
WHEREAS, it is in the best interest of the Towns of Yates and Ridgeway to cooperate with each other and to develop and file a joint application for Fiscal Year 2009 Community Development Block Grant (Small Cities) funds to install the watermain on the Townline Road so as to be able to serve households along the roadway in the two communities in a cost effective manner,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Yates authorizes the Supervisor to enter into a cooperation agreement with the Town of Ridgeway so as to receive funds available to joint applicants under the Housing and Community Development Act of 1974, as amended.
Offered by Councilman Rutledge, who moved its adoption
Seconded by Councilman Bentley
Adopted. 4 ayes 0 nays 1 absent (Belson)
STATE OF NEW YORK:
COUNTY OF ORLEANS: ss:
TOWN OF YATES:
I, Brenda Donald, Town Clerk of the Town of Yates, County of Orleans and State of New York, DO HEREBY CERTIFY that I have compared the foregoing resolution duly adopted by the Town Board of the Town of Yates on the 20th day of April, 2009, with the original now on file in my office, and the same is a correct and true copy of said resolution and the whole thereof.
Dated: April 20,2009 _____________________________________________
Brenda Donald, Town Clerk
Motion made by Councilman Rutledge, that whereas there was no further business to bring before the Board the meeting be closed at 3:45 P.M.
Second by Councilman Harmer
Brenda B. Donald
Town Clerk
Town of Yates