REGULAR BOARD MEETING

 

June 14,2012

 

 

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

                                                      Wes Bradley-Councilman

      Steve Freeman-Councilman

      Rick Harmer-Councilman

      Bradley Bentley-Councilman

                                                      Brenda Donald-Town Clerk

                                                      Dan Wolfe- Code & Zoning

                                                      Michele Harling- Assessor

                                                 

                                                 

                                                     

    

OTHERS                                     Andrew Meier-Town Attorney

                                                     Lynne Johnson- Legislature 

                                                     Paul Lauricella-Resident

                                                     Sandra Lauricella- Resident

                                                     Mr. & Mrs. John Zimmerman-Cottage Owners

     

 

PRIVILEGE OF THE FLOOR

 

 Paul Lauricella asked about jobs in the Town 

 

 

Supervisor Belson- the hiring was done back in 2003 or 2004 there was a job description.

 

 

 

 

RESOLUTION NO.54-6/12

 

RESOLUTION TO ACCEPT THE MINUTES OF THE May 10,2012

 

RESOLVED, to accept the minutes of the  May 10,,2012 as presented to each Board Member.

 

Offered by Councilman Bentley who moved its adoption

Seconded by Councilman Bradley

Adopted 5 ayes 0 nays 2 

 

 

 

 

RESOLUTION NO.55-6/12

 

RESOLUTION TO CONTINUE WITH PICTOMETRY AND HAVE NEW FLY OVER DONE.

 

WHEREAS, the County has contacted us in regards to the update fly-over for pictometery, and this program is used by the Town in many aspects, be it

 

RESOLVED, the Town of Yates hereby agrees to the new pictometry fly-over update.

 

Offered by Councilman Bradley who moved its adoption.

Seconded by Councilman Freeman

 

Adopted 5 ayes;0 nays

 

 

 

RESOLUTION NO.56-6/12

 

 

 

RESOLUTION TO HOLD 3 PUBLIC HEARINGS

 

 

RESOLVED to hold a Public Hearing on  Local Law 1 of 2012 (Water Conservation and use Restriction)  at 7:00 P.M. on July 12,2012 as follows:

 A LOCAL LAW PROVIDING FOR WATER CONSERVATION

AND WATER USE RESTRICTION

 

Section 1. The purpose of this Local Law is to enable the Town of Yates to exercise due authority to mandate such measures as are necessary to reduce the consumption of water within the Town’s service area to preserve an adequate supply of water to meet the customers' basic needs.

 

Section 2. In the event a water emergency is declared by the Village of Lyndonville Superintendent of Public Works pursuant to the village’s laws and ordinances, water conservation or water use restriction will be implemented. The Supervisor or his designee may make a public announcement through use of radio, television, newspapers and other available media. Water use restrictions as set forth hereinafter in Section 3 will be implemented by the Supervisor in consultation with the Town Highway Superintendent . The restrictions will vary depending upon the severity of the emergency and will be dependent upon the circumstances at the time of implementation. Water conservation and water use restrictions will remain in effect until such time as the emergency ceases. The Supervisor may notify all media for appropriate announcements.

 

Section 3. In the event of an emergency, priorities for potable water use will be put into effect in three stages. The three stages are as follows:

Stage I.

A. No Person or entity shall cause, permit or allow:

1. The continuing of any leak or waste from any water pipe, valve, faucet, conduit, equipment, facility or device connected to the water system, or which utilizes water, on or in any premises owned, leased, managed, operated or controlled by such person or entity;

2. The washing of any vehicle by means of a hose, fire hydrant, or other active source connected to the water system.

3. The washing of any street, sidewalk, driveway, outdoor areaway, outdoor steps, building exterior or other structure by means of a hose, fire hydrant, or other active source connected to the water system.

4. The use of water from the water system for any ornamental purpose, including but not limited to use in fountains, artificial waterfalls, reflecting pools, lakes and ponds.

5. The use of water from the water system to water any lawn, ornamental shrub, plant or tree, except that:

a. Water may be used to water any lawn, tree, shrub, or garden, from 4:00a.m. to 5:00

a.m. and 9:00p.m. to 10:00 p.m.

b. Water may be used at any time to irrigate, from a hand held container, vegetables or

fruits grown for human consumption.

6. The opening or use of any fire hydrant, or of the water therefrom, for any purpose other than fire protection except in accordance with a permit obtained from the Town Highway Superintendent and only for the period of and the purpose authorized by such permit and in strict adherence to all terms and conditions set forth therein;

7. The operation of any air conditioning system utilizing water from the water system in a cooling tower, unless within 30 days from the effective date of this regulation, a separate meter is installed to continuously measure the flow of water to the cooling tower;

8. Operate any air condition system in excess of two tons of rated capacity or greater or any refrigeration unit rated at 10 horsepower or greater using water from the Village water system, unless such air conditioning system or refrigeration unit is equipped with a water recirculating device approved by the Town Highway Superintendent and;

9. The use of water from the water system to fill or maintain the water level in any swimming pool, except that, provided the pool is operated with recirculating equipment, water may be used to fill the pool once during each calendar year, and thereafter may be used as necessary to maintain the water level in such pool.

Stage 2.

If, at any time the Town Highway Superintendent determines that the measures set forth under Stage 1 of this regulation have not resulted in a sufficient level of conservation in light of existing water supply conditions, a Stage 2 emergency may be declared by the Town Highway Superintendent. Upon declaration of a Stage 2 emergency in addition to these measures set forth hereinabove:

A. No person or entity shall cause, permit or allow:

1. The user of water from the water system to fill or maintain the water level in any swimming pool;

2. The use of water from the water system to water any lawn, ornamental shrub or plant, except that water may be used to irrigate, from a handheld container only, vegetables or fruits grown for human consumption.

Stage 3.

If, after the imposition of the measures set forth in Stage 2 of this regulation the Highway Superintendent finds that water consumption must be further reduced, a Stage 3 emergency may be declared by the Highway Superintendent. In addition to the measures set forth hereinabove:

A. All nonresidential users of water from the water system shall reduce their consumption by no less than 25%;

B. All users, both residential and nonresidential, shall install water flow restricting devices in all shower heads; and

C. All air conditioning systems utilizing water from the water system shall be operated only in accordance with hourly restrictions established by the Highway Superintendent.

 

Section 4. Violations of this Local Law shall be punishable by fines and penalties.

A. In addition to any penalties which may be imposed where a leak and waste notice has been served and the condition to which such notice relates has not been corrected, a penalty of up to Two Hundred Fifty ($250.00) Dollars may be imposed by the Town Board and added to the water rents relevied on the tax bill.

B. Water service may be terminated for violation of any provision of this regulation or for any waste of water.

 

Section 5. Upon the application of any person or entity, the Highway Superintendent or the Town Board may at their discretion grant a variance relieving such person or entity from compliance with any of the requirements of this regulation, if such person or entity demonstrates to the satisfaction of the Town Board or Highway Superintendent (1) that undue hardship would otherwise result; (2) that there are no possible alternatives; (3) that the applicant has taken and will take all possible measures to conserve water, with a complete

description of such measures and the water savings to be effected and (4) that such variance is not inconsistent with the purpose of the emergency measure. In connection with any variance which may be granted, the Highway Superintendent shall impose such terms and conditions as they deem appropriate.

Section 6. This Local Law shall take effect immediately upon filing in accordance with the provisions of the Municipal Home Rule Law of the State of New York

 

 

BE IT FURTHER RESOLVED , to hold a public hearing at 7:15 P.M on July 12,2012 for Local Law #2 of 2012 (Allowing Planning alternates on Planning Board  to have a vote if a regular member is absent.)

 A LOCAL LAW ESTABLISHING POSITION OF ALTERNATE

PLANNING BOARD   MEMBER AND THE CONDITIONS UNDER

WHICH THE MEMBER MAY SERVE

Section 1. The purpose of this Local Law is to establish the position of alternate planning board    member and identify the conditions under which the alternate member may serve.

Section 2. The position of alternate planning board   member is hereby established pursuant to subdivision 15 of section 271 of the Town Law. The term of office of the alternate planning board  member  shall be for 2 years, running from January 1 of each odd year to December 31 of each even year. The position shall be created as of the adoption of this local law, and appointments shall be made by the Town Board in accordance with subdivision 15 of section 271 of the Town Law.

Section 3.   The alternate planning board member may substitute for a planning board member in the event of a conflict of interest and also when the member is absent whether as a result of illness, incapacity, vacancy in office, or otherwise.  

Section 4. Pursuant to section 22 of the Municipal Home Rule Law, with respect to the provisions set forth in Section 3 of this local law, and to the extent provided therein, it is the intent of the Yates Town Board to supersede subdivision 15 of section 271 of the Town Law, as enacted in 1963 and contained in Chapter 36-a of the Consolidated Laws of the State of New York.

Section 5. This Local Law shall take effect immediately upon filing in accordance with the provisions of the Municipal Home Rule Law of the State of New York

 

 

BE IT FURTHER RESOLVED a Public Hearing will be held July 12 at 7:20 for Local Law 3 establishing position of Alternate Zoning Board members and the conditions under which the member may serve as follows: A LOCAL LAW ESTABLISHING POSITION OF ALTERNATE

ZONING BOARD OF APPEALS MEMBER AND CONDITIONS

UNDER WHICH THE MEMBER MAY SERVE

Section 1. The purpose of this Local Law is to establish the position of alternate zoning board of appeals member and identify the conditions under which the alternate member may serve.

Section 2. The position of alternate zoning board of appeals member is hereby established pursuant to subdivision 11 of section 267 of the Town Law. The term of office of the alternate zoning board of appeals member shall be for 2 years, running from January 1 of each odd year to December 31 of each even year. The position shall be created as of the adoption of this local law, and appointments shall be made by the Town Board in accordance with subdivision 11 of section 267 of the Town Law.

 Section 3 The alternate zoning board members may substitute for a zoning board member in the event of a conflict of interest, and also when the member is absent, whether as a result of illness, incapacity, vacancy in office or otherwise.

Section 4. Pursuant to section 22 of the Municipal Home Rule Law, with respect to the provisions set forth in Section 3 of this local law, and to the extent provided therein, it is the intent of the Yates Town Board to supersede subdivision 11 of section 267 of the Town Law, as enacted in 1991 and contained in Chapter 36-a of the Consolidated Laws of the State of New York.

Section 5. This Local Law shall take effect immediately upon filing in accordance with the provisions of the Municipal Home Rule Law of the State of New York

 

Offered by Councilman Bentley who moved its adoption

 

Seconded by Councilman Bradley

Adopted. 5 ayes;0nays

 

  

 

 

 

 

RESOLUTION NO.57-6/12

 

RESOLUTION FOR PHOTO AND RECORDING RULES FOR TOWN MEETING

 

WHEREAS, There is a policy in effect  and rules have been presented for this policy be it

 

RESOLVED, the following rules and regulations will be used for Photographing Recording and Broadcasting at all Town Meetings

 

TOWN OF YATES

RULES FOR PHOTOGRAPHING, RECORDING AND BROADCASTING A MEETING

 

 

 

1.  All activity undertaken by any person reporting on a meeting must not compromise the order and decorum of a public meeting.  If the official presiding at the meeting finds such activity to be disruptive to a public meeting, he or she may take such steps as appropriate to restore order and decorum to the meeting, which may include requesting the activity to cease and/or requesting the person(s) undertaking the activity to leave the meeting.

 

2.  Any person wishing to use any equipment for recording or photographing of a meeting shall position such equipment in the immediate southeast corner of the meeting room, in a manner that does not disturb the order and decorum of the public meeting or interfere with the right of the public to observe the proceedings of the public body. 

 

3.  These rules are adopted pursuant to a Public Access to Meetings Policy duly adopted by the Town Board of the Town of Yates, and may be revised from time to time by the Town Board.

 

 

 

 

Offered by Councilman Bradley who moved its adoption.

Seconded by Councilman Freeman

 

Adopted. 5 ayes; o nays

 

 

 

 

Reports.

 

Assessor Working with the State on update.  Have aquired my training credits.

 

RESOLUTION NO.58-6/12

 

RESOLUTION TO PAY BILLS

 

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

 

RESOLVED to pay bills as follows:

 

A-Account-General    28,262.71         

B-Account-General      1,133.82                                

DA-Account                8,882.99

DB-Account              35,694.92           

Water 4 Account        52,035.69        

 Youth                              100.00

 

 

  TOTAL                  126,110.13

 

 

Offered by Councilman Bentley who moved its adoption

Seconded by Councilman Bradley

 

Adopted.5 ayes 0 nays;  

 

Adjournment

 

Moved by Councilman Bradley, Whereas there is no new business to be brought before the Board that the meeting be adjourned at 7:30P.M.

Seconded by Councilman Freeman

Vote 5 ayes; 0 nays 

 

 

Brenda B. Donald

Town Clerk

Town of Yates