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
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