TOWN OF YATES
REGULAR BOARD MEETING
May 12, 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
Bradley Bentley, Councilman
Brenda Donald-Town Clerk
David Schubel-Town
Attorney
OTHERS Larry Wolfe-Resident
Lynne Johnson, Legislature
Slawomir Majorowski, Resident
Anna Majorowski, Resident
Slawomir Majorowski
presented a letter to the Town Attorney as follows:
I demand an
investigation of the real property assessment process of the Town of Yates NY
which shows abnormal inaccuracies.
Property # 4.-1-3.22 which is 12229 Lakeshore Road, Firelane
40 serves here as an example. I can
easily provide you with at least two dozen of similar cases. This is a very, very disturbing occurrence
which seems to be turning into a pattern.
My concern is that, by the most benign interpretation, it can be called
highly unprofessional, but there might be a real possibility that it is being
done deliberately, in a selective way, which would definitely call for a
criminal investigation. Please take a position on this issue. Slawomir Majorowski,11449 Lakeshore Road Lyndonville NY (Examples attached to
original minutes)
Mr. Majorowski stated that Whipple Reality was a reliable
company.
RESOLUTION NO. 44-5/11
RESOLUTION TO ACCEPT
THE MINUTES OF THE APRIL 14,, 2011 MEETING
RESOLVED, to accept the minutes of April 14, 2011 meeting as presented to each Board Member.
Offered by Councilman, Rutledge
who moved its adoption. .
RESOLUTION NO.45-5/11
RESOLUTION TO AUTHORIZE THE SUPERVISOR TO SIGN AN ENGINEERING AGREEMENT WITH CHATFIELD ENGINEERING FOR WATER DISTRICT 4 PHASE 10.
WHEREAS, Paul Chatfield has submitted an engineering agreement for Water District 4 Phase 10, in the amount of $37,648.00 and this agreement has been reviewed, be it
RESOLVED, the Supervisor is hereby authorized to sign this engineering agreement.
BE IT FURTHER RESOLVED, a copy of this agreement shall be attached to original minutes.
Offered by Councilman Harmer who moved its adoption
Seconded by Councilman Bradley
Adopted. 5 ayes;0 nays
RESOLUTION NO.46-5/11
RESOLUTION TO SIGN AN AGREEMENT WITH STUART BROWN ASSOCIATES FOR PROGECT MANAGEMENT SERVICES FOR WATER DISTRICT NO 4 PHASE 10
RESOLVED to authorize the Supervisor to sign an agreement with Stuart Brown Associates for management services for Water District 4 Phase 10 as follows:
A.Project Management Services
In order to assist the Town of Yates in the implementation of the project to be assisted with funding from Rural Development for the construction of improvements to the public water supply system serving Water District No. 4 Phase 10, the Consultant will carry out the following administrative activities:
1-Assist the Town in developing and maintaining the financial management system required to carry out the project.
2- Assist the Town in complying with all applicable Federal rules and regulations in carrying out the project.
3-Review all requests for payment and advise the Town regarding the disposition of these requests.
4- Prepare the required monthly Form E’s and grantee performance reports for submission to Rural Development.
5-Coordinate all project activities in accordance with program guidelines and provide reports to the Town throughout the project.
6- Serve as the agent of the Town in dealing with the Project Engineer, contractors and other project participants.
7-Advise the Town regarding procurement procedures, including the selection of the firm to prepare the single audit and the purchase of materials and contractual services.
8- Review all contract documents and recommended actions as may be appropriate.
9- Insure compliance with Federal requirements in the preparation of bid documents advertising for bids and the selection of contractor.
10- Attend pre-construction meetings, define Federal requirements and define the contractor’s responsibilities.
11- Maintain contact with representatives of Rural Development to insure the effective administration of the project.
12- Assist the Town in obtaining interim financing to carry out the project and the necessary documents to obtain long term financing from Rural Development.
13- Prepare program amendments or modifications as may be required in order to respond to changing conditions and insure the timely implementation of the project.
14- Prepare the final close out documents for submission to Rural Development.
B. General Provisions
1- Under no circumstances shall the Town be obligated to pay for any services that may be performed under Section A. above until such time as Rural Development has obligated funds for the project improvements and the Town has authorized the consultant in writing to provide these services.
2- The Consultant shall maintain the necessary staff to insure the orderly and efficient administration of the program.
3- The Consultant shall submit periodic progress reports to the Town summarizing the status of the program. Problem areas will be identified and actions taken to resolve these problem reports.
4- The Town shall pay the Consultant the sum of $7,500.00 for the completion of the Project Management Services. Progress payments for the completion of these task shall be made in five equal installments consistent with the schedule of milestones appended hereto as Attachment A.
5-The Consultant acknowledges and agrees that the fee for its services indicated in Section B, 4 above, shall not be increased for any reason without the prior written consent of the Town.
6-This contract shall terminate upon the acceptance by Rural Development of the final close out report or upon thirty (30) days written notice from one party to the other. Within thirty (30) days of the termination of the contract, the Consultant shall receive compensation for those project milestones which have been completed by the end of the thirty (30) day notice period.
ATTACHMENT A
Payment Number Milestone
1 Completion of 25 percent of construction
2 Completion of 50 percent of construction
3 Completion of 75 percent of construction
4 Substantial completion of construction
5 Submission of final close-out report to RD
Offered by Councilman Rutledge, who moved its adoption.
Seconded by Councilman Harmer
Adopted. 5 ayes; 0 nays
RESOLUTION NO.47-5/11
RESOLUTION TO AUTHORIZE THE SUPERVISOR TO SIGN AN AGREEMENT WITH WEBSTER SCHUBEL AND MEIER FOR LEGAL SERVICES FOR WATER DISTRICT 4 PHASE 10.
WHEREAS, Webster Schubel and Meier has presented a legal agreement for Water District 4 Phase 10 in the amount not to exceed $9,750.00 and this agreement has been reviewed, be it
RESOLVED, the Supervisor is authorized to sign said agreement, be it further
RESOLVED a copy of said agreement shall be attached to original minutes.
Offered by Councilman Rutledge who moved its adoption.
Seconded by Councilman Bradley
Adopted. 5 ayes; 0 nays
RESOLUTION NO.48-5/11
RESOLUTION TO AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH BOND COUNCIL
WHEREAS, Hodgson Russ, Bond
Council has mailed an agreement for
Services and Billing arrangements for Water District 4 Phase 10, as follows:
In accordance with USDA Rural
Development Agency (Rural Development) requirements and supplements our legal
services agreement and engagement letter for our professional services as bond
counsel to the Town of Yates, Orleans County New York (the Town) dated May,
2011. This supplemental engagement
letter relates to the authorization and financing of water improvements project
for Water Improvement District No.4 Phase 10 (the Project).
Based on the Town’s $604,983
Project our estimated fees will be in an amount not to exceed $13,300.00. This amount is estimated with the
understanding that the Town would issue one bond anticipation note issue and
one series of bonds through Rural Development.
This amount also includes our fees for the preparation of a bond
resolution and our review of the underlying proceedings associated with the
Project.
Should the above assumptions
change, or should any extraordinary factors present themselves, we will
respectfully request that an amendment to this supplemental engagement letter
be approved.
RESOLVED, that the Town
Supervisor is hereby authorized to sign service agreement with Hodgson Russ
Offered by Councilman
Rutledge who moved its adoption.
Seconded by Councilman Harmer
Adopted. 5 ayes; 0 nays
RESOLUTION NO.49-5/11
RESOLUTION TO ISSUE JUNKYARD LICENSE
WHEREAS, the 3 junkyards in the Town of Yates have been inspected by the Code and Zoning Officer and they have paid their license fees, be it
RESOLVED that Terry Chaffee 1859 Murdock Road, Lyndonville New York, Paul Lauricella 12469 Roosevelt Highway Lyndonville New York and Deborah Dunn (Martin) 1848 Goodwin Road Lyndonville New York be issued their junkyard license effective April 1, 2011 thru March 31, 2012.
Offered by Councilman Bradley who moved its adoption.
Seconded by Councilman Harmer
Adopted 5 ayes;0; nays
The Town of Yates had signed a dog contract with Orleans County for the 2011 year There were few of the other 10 Towns that signed the contract ,so the County sent a new dog contract. This contract will actually give more dog money directly to the Town of Yates.
RESOLUTION NO.50-5/11
RESOLUTION TO CANCEL OLD DOG CONTRACT AND SIGN NEW DOG CONTRACT WITH ORLEANS COUNTY
WHEREAS , The Town had signed a dog contract with Orleans County in February 2011 with an effective date of 1/1/2011 , be it
RESOLVED, that Resolution NO.33-2/11 be recinded and be it further
RESOLVED, that the Town of Yates shall sign a new Dog contract with Orleans County as follows:
TOWN ANIMAL CONTRACT
Made as of the 1st of January 2011, pursuant to the provisions of the Agriculture and Market Law of the State of New York, by and between the Town of Yates a municipal corporation in the State of New York hereinafter referred to as “Town”, party of the first part; and ORLEANS COUNTY, a municipal corporation in the State of New York, hereinafter referred to as “County” party of the second part.
WITNESSETH:
WHEREAS, the County in consideration of the payment to it by the Town of the Sum of Money to be paid in the manner and at the times hereinafter particularly described hereby covenants and agrees as follows:
1-The County through its duly appointed agents and employees within the corporate limits of the Town and County, will carry out the duties and responsibilities of Animal Control Officer in the enforcement of the provisions of Article 7 of the Agriculture and Market Law and any rules and regulations promulgated pursuant thereto.
2-The County will provide and maintain a shelter or pound for seized dogs, will properly care for all dogs in such shelter and will humanely euthanize or make available for adoption, seized dogs not redeemed as provided in Article 7 of the Agriculture and Market Law. Such shelter shall, at all times during the term hereof, be under the care and charge of a competent employee and shall be open to the public at reasonable hours.
3-The County will follow the provisions of Article 7of the Agriculture and Market Law and any rules and regulations promulgated pursuant thereto in relation to the seizure, holding care, redemption and disposition of seized dogs.
4-The County will file and maintain a complete record of any seizure and subsequent disposition of any dog in the manner prescribed by the Commissioner of Agriculture and Markets as well as any other records required by Article 7.
5- The County will retain any impoundment fees and other monies collected in carrying out the provisions of this agreement.
6-In consideration of the performance by the County of the terms of this agreement, the Town hereby agrees to pay the Orleans County Treasurer the sum of $1,940.46.
7- In addition to the sum set forth in paragraph 6 and remitted hereunder, when an appearance ticket is issued by the Animal Control Officer for a violation of the provisions of Article 7 of the Agriculture and Market Law or any local law or ordinance and a fine is realized as a result of prosecution in the Town Court by the animal control officer of the County, all moneys collected as fines or penalties shall be remitted to the Orleans County Treasurer and shall become the property of the County of Orleans. Such moneys shall be used only for controlling dogs and enforcing Article 7 of the Agriculture and Markets Law and any rule, regulations, local law or ordinance adopted thereto.
8- The Town shall pay the County the sum of money set forth in paragraph 6 in two (2) equal payments, the first payment being due on or before July 1, 2011 and the second payment being due on or before December 21,2011.
9- This agreement shall obligate the County to provide the services herein through December 31,2011
10-Both parties agree that the consideration to be paid to the County for the years after expiration of this agreement, shall be agreed upon by October 1st of this agreement’s expiring year.
11-This agreement shall commence on January 1, 2011 and terminate on December 31,2011.
Offered by Councilman Rutledge, who moved its adoption.
Seconded by Councilman Bentley
Adopted. 5 ayes; 0 nays
RESOLUTION NO.51-5/11
JOINT RESOLUTION OF THE TOWNS OF RIDGEWAY<SHELBY & YATES AUTHORIZING THE SAID TOWNS TO JOINTLY UNDERTAKE A STUDY RELATING TO THE ELECTION OF A SINGLE JUSTICE TO PRESIDE IN THE TOWN COURTS OF TWO OR MORE ADJACNET TOWNS
WHEREAS, subdivision 1 of section 106b of the Uniform Justice Court Act of the State of New York authorizes two or more adjacent towns within the same county, acting by and through their town boards, to jointly undertake a study relating to the election of a single town justice who shall preside in the town courts of each such town, and
WHEREAS, the Towns of Shelby and Ridgeway, pursuant to section 106-a of the Uniform Justice Court Act of the State of New York, have heretofore established a single town court for the Towns of Ridgeway and Shelby, and
WHEREAS, the Town Boards of the Towns of Ridgeway, Shelby and Yates wish to jointly undertake a study relating to the election of a single town justice who shall preside in the town courts of each such town pursuant to statute now, therefore, be it
RESOLVED, pursuant to subdivision 1 of section 106-b of the Uniform Justice Court Act of the State of New York, the Towns of Ridgeway, Shelby and Yates jointly undertake a study relating to the election of a single town justice who shall preside in the town courts of each such town, and be it further
RESOLVED, that the Town Clerk of each Town which adopts this Joint Resolution file a certified copy of the within Joint Resolution in the offices of the Town Clerk of each of the other Towns which adopts this Joint Resolution and be it further
RESOLVED, that no study authorized by this Joint Resolution shall be commenced until this Joint Resolution providing for the study shall have been filed with the Town Clerks of Ridgeway, Shelby and Yates.
Offered by Councilman Rutledge who moved its adoption.
Seconded by Councilman Bradley
Adopted. 5 ayes; 0 nays
RESOLUTION NO.52-5/11
RESOLUTION TO HOLD A PUBLIC HEARING ON COURT STUDY
RESOLVED to hold a public Hearing on the Joint Court Study for the Town of Yates on June 23, 2011 at 7:00 P.M.
Offered by Councilman Harmer who moved its adoption.
Seconded by Councilman Rutledge
Adopted. 5 ayes; 0 nays
Bar-Lyn Youth Football league has sent a request for funding for their 2011 year. The Town has give money in the past to Wrestling, Baseball, Basketball and Football for the Youths
RESOLUTION NO.53-5/11
DONATION TO THE BAR-LYNN YOUTH FOOTBALL LEAGUE
WHEREAS, the Bar-Lynn Youth football has sent a letter requesting a donation to the league to help defray the cost of uniforms, refs , be it
RESOLVED, that Four Hundred Dollars will be sent to the League for the 2011 season
Offered by Councilman Bentley, who moved its adoption.
Seconded by Councilman Rutledge
Adopted 5 ayes; 0 nays
Councilman Bradley has been working with Niagara Mohawk to install street light at intersection on roads in the Town of Yates. Niagara Mohawk has presented a proposal.
RESOLUTION NO.54-5/11
RESOLUTION TO INSTALL STREET LIGHTS ON SOME INTERSECTIONS IN THE TOWN OF YATES
WHEREAS, Niagara Mohawk has presented the following proposal:
Pole 110 on S/W corner of
Roosevelt and Murdock –Cost $801.00-install mid-span pole (not Chargeable)and secondary conductor
Pole 1369 on S/E corner of
Roosevelt at Marshall Cost- 0
New SLO Pole 11327-1 on N/W
corner of Roosevelt @ N. Lyndonville Rd. Cost -0
Pole 20 on N/E corner of Roosevelt
and Hall Rd- Cost 642.00-Replace pole due to physical condition(Not
Chargeable) install transformer
Pole 36 ˝ N/E quadrant of
Roosevelt & Breeze Cost 1,765.00-Install two anchors and secondary
conductor
New Pole 37 ˝ on N/E corner of Roosevelt & Foss
Cost 642.00-Install in-line Pole (Not
Chargeable) & transformer
Pole 45 on N/W corner
Roosevelt & Morrison Cost 1,443.00-Install in-line pole (not Chargeable)
Transformer & secondary conductor
Pole 12505 on S/W corner
Roosevelt & E Yates Center –Cost 642.00—Install transformer on existing
pole
Pole 876 on Morrison Road
Entrance to Park cost
0
Pole 120 on N/E Corner of N.
Lyndonville Rd & East Lakeshore-Cost 642.00-Install
Transformer on existing Pole
Pole 128 ˝ on east side of N.
Lyndonville at West Lake Cost - 0
Pole 131 on S/E corner of N.
Lyndonville At Wescott- cost
801.00-Install secondary conductor from pole 132
Total up
front cost 7,378.00
RESOLVED, the Town supervisor shall sign the proposal with Niagara Mohawk not to exceed $8,000.00
Offered by Councilman Bradley, who moved its adoption
Seconded by Councilman Bentley
Adopted. 5 ayes; 0 nays
RESOLUTION
NO.55-5//11
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as follows:
A-Account 25,591.60
B-Account $ 757.20
DA-Account $ 7,770.18
DB-Account 6,321.89
Water 4 Account 18,563.10
Water 2 30.00
TOTAL 60,233.97.
Offered by Councilman Rutledge who moved its adoption
Seconded by Councilman Bradley
Adopted .5 ayes; 0 nays
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 7:25 P.M.
Seconded by Councilman Bradley
Adopted 5 ayes; 0 nays
Brenda B. Donald
Town of Yates
Town Clerk