TOWN OF YATES

  REGULAR BOARD MEETING

 

APRIL 14, 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

                                                      David Schubel-Town Attorney

    

OTHERS                                      Larry Wolfe-Resident

                                                      Paul Lauze-Residents

                                                      Paul Lauricella-Resident  

                                                      Steve Freeman-Resident                    

 

 

 

RESOLUTION NO. 40-4/11

 

RESOLUTION TO ACCEPT THE MINUTES OF THE MARCH 10, 2011 MEETING

 

RESOLVED, to accept the minutes of  March 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)

 

 

The Town of Ridgeway has requested that the Town of Yates sign an intermunicipal agreement with their Town in regards to allowing South Townline Residents from the Town of Yates to hook-up to Ridgeway water line.

 

RESOLUTION NO.41-4/11

 

RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AN INTERMUNICIPAL AGREEMENT WITH THE TOWN OF RIDGEWAY

 

RESOLVED, to have the Town of Yates Supervisor sign an intermunicipal agreement with the Town of Ridgeway as follows:

 

INTERMUNICIPAL AGREEMENT

 

Made as of the 14th day of April,2011, by and between the TOWN OF YATES, a municipal corporation of the State of New York, with offices and a principal place of business at 8 Main Street, Lyndonville NY 14098 (hereinafter referred to as “Yates”), party of the first part; and the TOWN OF RIDGEWAY, a municipal corporation of the State of New York with offices and a principal place of business at 410 West Avenue, Medina,NY 14103 (hereinafter referred to as “Ridgeway”),acting for and on behalf of Ridgeway’s Water District No. 11 (hereinafter referred to as “District”) party of the second part:

 

WITNESSETH

 

WHEREAS, Article 5-G of the General Municipal Law authorizes municipal corporations to enter into agreements for the performance among themselves on contract or cooperative basis for the provision of joint undertaking; and

 

WHEREAS Yates has extensive experience in the water business, not only with the installation and maintenance of water mains,valves, hydrants, meters and appurtenances, but also with the administrative part of the business including water sampling, testing and monitoring and meter reading and billing and

 

WHEREAS Ridgeway has extensive experience in the water business, not only with the installation and maintenance of water mains, valves, hydrants, meters and appurtenances, but also with the administrative part of the business including water sampling, testing and monitoring and reading and billing and

 

WHEREAS Yates and Ridgeway recognize the need to provide a safe reliable and adequate water supply to the residents of South Townline Road who presently rely on private wells which produce water of poor quality and/or limited quantity and Ridgeway has taken the necessary steps to establish improvements in the town-wide water district which runs along South Townline Road in the Town of Ridgeway on the Ridgeway Yates town border; and

 

WHEREAS, Ridgeway is willing to supply to the residents of Yates who reside on the north side of South Townline Road with water and the parties desire to enter into an intermunicipal agreement to define the terms and conditions of this arrangement:

 

NOW THEREFORE, in consideration of the reciprocal covenants herein contained, the parties hereby agree as follows:

 

1-Ridgeway agrees that it will cause plans and specifications to be prepared by its engineers to provide hook-ups to its water line on South Townline Road in the town of Ridgeway so as to provide water hook-up services for the residents along South Townline Road in the Town of Yates on the north side of South Townline Road, each of these residents being in Yates.

 

2-Yates agrees that it will cooperate with Ridgeway in obtaining any easements or other approvals or authorities required or necessary in connection with the completion of the proposed project and the installation of the pipes, lines and appurtenances.

 

3-Ridgeway agrees to allow the aforementioned Yates property owners to connect to such water line as constructed provided that each of said water customers executes an out of district user agreement to be bound by all of the terms and any and all other ordinances, rules and regulations pertaining to water use, backflow prevention and other related matters.

 

4- Ridgeway will read the water meters at these Yates customer’s homes and such Yates customers will be billed for water at the same rate and on the same terms as prevail, from time to time, for water customers located with Ridgeway water districts.

 

5- Ridgeway will bill each of the benefited property owners with Yates, the same amount for debt service, operation, and maintenance as would be charged to benefited property owners located within the Ridgeway water district.

 

6.-If any of the Yates customers being so served by Ridgeway water system shall fail to pay the water bills or the yearly debt service charges or any other charges billed for debt, service, operation and maintenance in timely fashion and in accordance with the normal schedule for payment of same by Ridgeway benefited property owners, then and in each such event, it is agreed that Yates, upon notification by Ridgeway of the amount of such delinquent accounts or payments,will add,levy and assess the same with the regular real property tax bill against the delinquent property owners lands in the same manner and fashion as Yates would charge, levy and assess its own delinquent water bills and water use charges.  Yates agrees that prior to February 15 of each year after any such delinquent account or charge has been added  to Yates tax bill that Yates will pay to Ridgeway the amount of such bill or charge .  Yates will thereafter receive its reimbursement from the delinquent property owner upon payment of his taxes to Yates or upon payment from the County of Orleans when the roll is returned to the County for collection.

 

7-It is agreed that Yates and its highway superintendent and personnel will, in all reasonable respects, cooperate with the Ridgeway contractor in connection with the installation of the aforementioned water line and thereafter with the Ridgeway employees in connection with any repair or maintenance that may be required for such water lines or appurtenances.

 

Offered by Councilman Harmer who moved its adoption.

Seconded by Councilman Bradley

 

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

 

 It has been requested that an archeological study for Phase 10 be done.

 

 

 

RESOLUTION NO.42-4/11

 

RESOLUTION TO AUTHORIZE PHASE I ARCHEOLOGICAL INVESTIGATION

 

Town of Yates

Water District No. 4, Phase 10

 

Resolution to Authorize Phase I Archeological Investigation

 

 

WHEREAS, the Town of Yates is considering the extension of public water facilities along portions of Ward Road, Goodwin Road and Woodworth Road to serve the Town of Yates Water District No. 4, Phase 10.  The project will improve the quality and quantity of water available to area residents, and 

 

            WHEREAS, an environmental review is required for the construction of the proposed water system improvements within Water District No. 4, Phase 10, and

 

            WHEREAS, the State Historic Preservation Office has requested a Phase I Archeological Investigation and photographs of the project area, and this investigation is necessary to complete the environmental review of the proposed action,

 

            NOW, THEREFORE, BE IT RESOLVED, that the Town of Yates authorizes Powers & Teremy LLC to prepare a Phase I Archeological Investigation of the project area of Water District No. 4, Phase 10.  The Town of Yates acknowledges that the fee for the study is $4,153.18 and acknowledges that the Town is responsible for payment of this fee. 

 

Offered by Councilman Bradley who moved its adoption.

Seconded by Councilman Harmer

 

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

 

 The Town of Yates has changed its carrier for disability insurance and they are requesting a resolution stating who is covered by disability in the Town of Yates.

 

RESOLUTION NO.43-4/11

 

RESOLUTION TO ESTABLISH DISABILITY FOR EMPLOYEES OF THE TOWN OF YATES

 

RESOLVED, the Town Board of the Town of Yates hereby resolves that all employees of the Town of Yates that receive pay from the payroll accounts in the Town of Yates be covered by disability, which will be paid for by the Town of Yates.  The employees that are covered are as follows:  Town Board (4) Bookkeeper (1) Supervisor (1) Highway MEO (3)  PT MEO (1) PT Laborer (2) Superintendent of Highways (1) Court Clerk (1) Deputy Clerk (1) Town Clerk (1) Justices (2) Code & Zoning Officer (1)

 

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Bradley

 

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

 

 

Reports

 

Councilman Bradley stated he will be taking a letter to the Lyndonville foundation requesting money to help fund the youth program.

 

Michelle Harling Assessor stated the tentative roll will be turned over the first week in May

 

There wll be a court consolidation meeting on April 21 at 7:00 P.M. at the Yates Town Hall

 

RESOLUTION NO.44-4/11

 

RESOLUTION TO PAY BILLS

 

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

 

RESOLVED to pay bills as follows:

 

A-Account                                   27,939.76

B-Account                              $     1,248.78

DA-Account                           $     8,963.82

DB-Account                                  5,482.28

Water 4 Account                            2,250.20

Water 2                                        11,724.62

 

 

TOTAL                                   57,609.46.

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Rutledge

 

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 7:10  P.M.

Seconded by Councilman Bradley

 

Adopted4 ayes; 0 nays1 absent (Bentley)

 

 

 

Brenda B. Donald

Town of Yates

Town Clerk