TOWN OF YATES
REGULAR BOARD MEETING
AND PUBLIC HEARINGS
August 14, 2014
The Meetings 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
Jim Whipple, Councilman
Steve Freeman, Councilman
Bradley Bentley.Councilman
Brenda Donald-Town Clerk
Michele Harling, Assessor
Roger W. Wolfe Highway Superintendent
Daniel Wolfe-Code/Zoning Officer
Andrew Meier-Town Attorney
OTHERS
Larry Wolfe-Resident
Public Hearing for Local Law #1(Authorizing the Use of Best Value for Awarding Purchase Contracts) was opened at 7:00 P.M. Town attorney explained the Local Law to all present.
RESOLUTION NO.63-8/14
RESOLUTION TO CLOSE PUBLIC HEARING ON LOCAL LAW #1 of 2014
WHEREAS, all person requesting to be heard were allowed to speak. There were no comments. Be it
RESOLVED, the public Hearing on Local Law # 1 of 2014 be closed at 7:05 P.M.
Offered by Councilman Bentley who moved its adoption
Seconded by Councilman Freeman
Adopted. 4 ayes;0nays;1 absent(Bradley)
RESOLUTION NO. 64.-8/14
RESOLUTION ADOPTING LOCAL LAW 1 of 2014
WHEREAS, a public hearing was held and no objections were noted, be it
RESOLVED, that Local Law #1 of 2014 (Authorizing the Use of Best Value for awarding purchase contracts) be adopted as follows:
Section 1. Legislative
History
Section 103 of New York State General Municipal
Law has been amended to allow municipalities the option of utilizing a “best
value” standard in purchase contracts in lieu of the “lowest responsible
bidder” standard when it is deemed in the best interest of the municipality,
due to factors such as cost of maintenance, durability, higher quality, and
longer product life. In order to utilize
the “best value” standard for purchase contracts, municipalities must adopt a
local law authorizing the use of this alternative purchasing standard.
Section 2. Authorization
The Town of Yates is hereby authorized to award
purchase contracts on the basis of best value in the manner provided by Section
103 of New York State General Municipal Law.
Section 3. Effective
Date
This local law shall take effect upon the filing
with the Secretary of State. If any part
or section of this local law shall be held to be invalid, the remaining
provisions thereof shall not fail but shall remain in full force and
effect. All local laws, ordinances,
rules or regulations, or parts or portions thereof that conflict or are
contrary to any portion of this local law are hereby repealed.
Offered by Councilman Bentley who moved its adoption
Seconded by Councilman Freeman
Adopted. 4 ayes; 0 nays; 1 absent(Bradley)
The supervisor opened the Public Hearing for Local Law # 2 at 7:07 P.M.
RESOLUTION NO.65-8/14
RESOLUTION TO CLOSE PUBLIC HEARING ON LOCAL LAW #2 of 2014
WHEREAS, all person requesting to be heard were allowed to speak. There were no comments. Be it
RESOLVED, the public Hearing on Local Law # 2 of 2014 be closed at 7:10 P.M.
Offered by Councilman Whipple who moved its adoption
Seconded by Councilman Bentley
Adopted. 4 ayes;0nays;1 absent(Bradley)
RESOLUTION No. 66-8/14
RESOLUTION ADOPTING LOCAL LAW # 2 of 2014 amending Section 107 of the Zoning
WHEREAS, a public hearing was held and no objections were noted, be it
RESOLVED, that Local Law #2 of 2014 (Amending Section 107 of the Zoning Local Law of the Town of Yates ) be adopted as follows:
Section 1.
This Local Law shall be known as a
Local Law Amending Section 107 of the Zoning Local Law of the Town of Yates.
Section 2.
Article 1, Section 107, of the Zoning Local Law of the Town of Yates, Orleans
County, New York, is hereby amended by replacing the provisions of Section 107
with the following provisions to read as follows:
Section 107 VIOLATIONS AND PENALTIES
Any person, firm, corporation or other
business entity who violates, disobeys, neglects or refuses to comply with any
provision of this Local Law Ordinance shall be guilty of an offense, and upon
conviction thereof, shall be subject to a fine of a minimum of one hundred
dollars ($100.00) and not exceeding three hundred and fifty dollars ($350.00)
or imprisonment for a period not to exceed six (6) months or both for conviction
of a first offense; for a conviction of a second offense both of which are
committed within a period of five years, punishable by a fine not less than
three hundred and fifty dollars ($350.00) nor more than seven hundred dollars
($700.00) or imprisonment for a period not to exceed six (6) months or both;
for a third or subsequent offense all of which are committed within a period of
five years, punishable by a fine not less than seven hundred dollars ($700.00)
nor more than one thousand dollars ($1,000.00) or imprisonment for a period not
to exceed six (6) months, or both. Each
week’s continued violation shall constitute a separate additional violation and
offense.
Section 3.
(a) This local law shall take effect
immediately upon filing in the Office of the Secretary of State.
(b) If any part or section of this local law
shall be held to be invalid, the remaining provisions thereof shall not fail
but shall remain in full force and effect.
(c) All local laws, ordinances, rules or
regulations, or parts or portions thereof that conflict or are contrary to any
portion of this local law are hereby repealed.
Offered
by Councilman Freeman who moved its adoption
Seconded by Councilman Whipple
Adopted: 4 ayes; 0 nayes 1 absent (Bradley)
RESOLUTION
NO.67-8 /14
RESOLUTION TO ACCEPT
THE MINUTES JULY 10,2014
RESOLVED, to accept the minutes of the July 10,2014 meeting as presented to each Board Member.
Seconded by Councilman Bentley
Adopted. 4 ayes; 0 nays; 1 absent (Bradley)
Privilege of the floor:
Donna Bane- questions on Windmills
Supervisor Belson stated that the Town does have rulings on wind turbines but that the Town has nothing to do with the people that are contacting residents.
Councilman Bentley stated he has talked with these people and they are contacting people that live between Route 63 and the Countyline Road and that are between the Lakeshore Road and Rout 18. They are talking about having a meeting in September with the people they have contacted.
Supervisor Belson stated they are welcome to use the Town Hall
RESOLUTION NO.68-8/14
RESOLUTION EXEMPTING CERTAIN PROPERTIES FROM WATER DISTRICT #4 WAER CHARGES
WHEREAS, the Assessor has identified certain properties within the geographic boundaries of Water District #4, a list of which are attached and incorporated in to the official minutes, which should be exempt from Water District # 4 charges, and
WHEREAS, the reasons for the exemptions as for each individual parcel are set forth on such list, and
WHEREAS, the Town Board wishes to formally exempt said properties from Water
District # 4 charges, now therefore, be it
RESOLVED that the Town Board of the Town of Yates hereby exempts the parcels from Water District #4 charges on the attached list prepared by the Assessor be it further
RESOLVED ,that the Assessor is authorized and directed to take steps as necessary to implement the exemptions as to each of the properties identified on this list. Be it further
RESOLVED, that this list shall be updated each year.
BE IT FURTHER RESOLVED, a list of all Water District #4 charges shall be attached to the official minutes each year.
Offered by Councilman Whipple who moved its adoption
Seconded by Councilman Freeman
Adopted; 4 ayes; 0nays;1 absent(Bradley)
RESOLUTION NO. 69-8/14
RESOLUTION CHARGING NON-CONFORMING LOTS FULL WATER CHARGES
WHEREAS, non-conforming lots are not allowed to be created under the Town of Yates Zoning in the Town of Yates, and
WHEREAS, there are some non-conforming lots that were created years ago and are exempt from full water charges, they will stay exempt but will receive a letter asking them to consolidate their no-conforming lots if possible..
BE IT FURTHER RESOLVED, Any Non-Conforming lot created after August 2014 shall be charged a full water District # 4 charge, for the level where the lot is located. Example Level 1, Level 2 or Level 3.
Offered by Councilman Whipple who moved its adoption
Seconded by Councilman Bentley
Adopted. 4 ayes; 0 nays; 1 absent (Bradley)
RESOLUTION NO.70-8/14
RESOLUTION ACCEPTING SINGLE AUDIT FROM AMATO & FOX
WHEREAS, Amato & Fox Company PC has audited the records for the Town of Yates for the year ending December 331,2013 be it
RESOLVED, that the Town of Yates hereby accepts the audit done by Amato & Fox company
Offered by Councilman Bentley who moved its adoption.
Seconded by Councilman Whipple
Adopted. 4 ayes; 0nays; 1 absent(Bradley)
REPORT OF TOWN OFFICERS
Dan Wolfe- Code & Zoning
Will be starting Fire Safety Inspections
We are lead agent in Costal Erosion would like to thank Steve Freeman for the help
Michele Harling-Assessor- have been notified by the state that 20 basic star has been removed—I cannot put these back on this year.
Roger Wolfe-Highway Superintendent
Sealing Roads Angling, Payne and Swett. I have done paper work to be reimbursed for chips project there will be an increase this year because of harsh winter.
Tested water in Water district #2 for lead and copper results came back well below the limit
New York State department of Transportation would like an amendment to their agreement because of the harsh winter and would like to make payment all in one check
RESOLUTION NO.71-8/14
RESOLUTION TO AMEND SNOW & ICE AGREEMENT
RESOLVED to allow Supervisor to sign amended Snow and Ice Agreement after it has been reviewed by the Town Attorney. Further
Offered by Councilman Whipple who moved its adoption
Seconded by Councilman Bentley
Adopted. 4 ayes;0nays;1 absent (Bradley)
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as per abstract
A-Account 24,246.00
B-Accounts 1,023.82
DA-Accounts Highway 10,756.95
DB-Accounts Highway 72,542.95
Water 4 40,668.91
Water 2
Youth-
7,135.48
TOTAL
156,373.41
Offered by Councilman Bentley who moved its adoption
Seconded by Councilman Freeman
Adopted 4 ayes;0 nays 1 absent(Bradley)
Adjournment
Moved by Councilman Whipple , Whereas there is no new business to be brought before the Board that the meeting be adjourned at 7:45P.M.
Seconded by Councilman Bentley
Adopted 4 ayes; 0 nays 1 absent (Bradley)
Town of Yates
Brenda B. Donald