Town of Yates Public Hearing and

Regular Board Meeting

April 9, 2009

 

 

 The 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

                                                      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 Yates

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 South Townline Road.

 

 

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 7:08 P.M.

 

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  MARCH 12,2009   

 

RESOLVED, to accept the minutes of the March12,2009  as presented to each Board Member.

 

Offered by Councilman Belson ,who moved its adoption

Seconded by Councilman  Harmer

  

 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 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

APRIL 20, 2009

 

            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 Yates portion of the cost at an estimated maximum amount of $586,119.  Such joint project is to be financed by a Small Cities Grant in an amount of $752,959.  The Town of Yates does not expect to issue bonds, notes or other obligations to finance the Phase 10 Water Improvement construction; and

            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 Goodwin Road and Ward Road sections will be required to provide for a water district charge and purchase of water at an aggregate approximate cost of $402.00 per residence.  Income eligible residences along the Ridgeway – Yates Town Line Road will be required to provide for a water district charge and purchase of water at an aggregate approximate cost of $439.00 per residence.  Non-income eligible residences will be required to provide for the purchase of a water meter, installation of water service, internal plumbing changes, a water district charge and purchase of water at an aggregate approximate cost of $2,252.00 per residence along the Goodwin Road and Ward Road sections and of $2,289.00 per residence along the Ridgeway – Yates Townline Road section; and

            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 NO.51-4/09

 

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