TOWN
OF YATES
REGULAR BOARD MEETING
APRIL 11, 2013
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
Brenda Donald-Town Clerk
Roger Wolfe, Highwasty /Water Superintendent
Michele Harling-Assessor
Daniel Wolfe-Code/Zoning Officer
Andrew Meier-Town Attorney
OTHERS Larry Wolfe-Resident
Paul Lauricella-Resident
Lynne Johnson-Legislature
Howard Balaban-Journal Register
Privilege
of the Floor:
Paul Lauricella I oppose using taxpayers money for private business and we pick up the tax relief that they get when there is no guarantee of the length of time they will stay. After the tax relief runs out.
Lynne Johnson Legislature- local EDA will be able to decide who gets tax relief
Steve Freeman If breaks are given on taxes, when the business leaves the tax break should go away
RESOLUTION NO. 44-4/13
RESOLUTION TO ACCEPT
THE MINUTES OF THE MARCH 14 ,2013 MEETING
RESOLVED, to accept the minutes of the meeting held March 14,2013 as presented to each Board Member.
Seconded by Councilman Freeman
Adopted. 3 ayes; 0nays; 1 absent (Bentley)
RESOLUTION 45-4/13
RESOLUTION ESTABLISHING WATER LEVELS
WHEREAS, the Town of Yates has
established a 3-level water rate schedule for sales of water within Water
District 4, and
WHEREAS, an audit conducted by the New
York State Comptroller in 2012 brought to the Town's attention that Level 1 and
2 charges in Water District 4 should be clarified,
NOW, THEREFORE, be it
RESOLVED that Level 1 charges in Water
District 4 shall be levied and assessed against parcels with one or more water
taps, regardless of whether the parcel is improved with a building or other structure,
and be it further
RESOLVED, that one Level 1 charge shall
be levied and assessed for each tap serving the parcel, such that a single
parcel may be subject to more than one Level 1 charge if it is served by more
than one water tap, and be it further
RESOLVED, that for parcels with multiple
water taps against which multiple Level 1 charges are levied and assessed, the
Town Board may, by resolution and upon written request of the owner, remove a
Level 1 charge as regards any existing tap which the owner demonstrates, by
competent proof, no longer benefits the parcel, is disconnected from service,
or is otherwise rendered redundant by removal of a structure served by the tap,
combination of parcels, or such other similar circumstance, and be it further
RESOLVED, that one Level 2 charge shall
be levied and assessed against each unimproved parcel in Water District 4 with
no water tap.
Offered by Councilman Freeman who moved
its adoption
Seconded by Coouncilman
Bradley
Adopted. 3 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION NO.
46-4/13
RESOLUTION IN SUPPORT OF SENATE BILL NO.
S2026-2013 TO AMEND THE
LIEN LAW IN RELATION TO FILING OF FALSE LIENS AGAINST PUBLIC OFFICIALS
WHEREAS, the Town Board of the Town of Yates strongly support this
lien law legislation as it relates to the filing of false records against
public officials and the prosecution of those who do, be it therefore
RESOLVED, that the Town Board of the Town of Yates does hereby
support Senate bill No. S2026-2013 to amend the lien
law in relation to the filing of false liens against public officials, and be
it further
RESOLVED, that the Town Clerk shall forward copies of this
Resolution to Governor Andrew M. Cuomo, Senator George Maziarz,
Assemblymen Steve Hawley, NYSAT, Orleans County Towns and Villages, and all
those deemed necessary and proper.
Offered by Councilman Bradley, who moved its adoption
Seconded by Councilman Freeman
Adopted 3 ayes; 0 nays; 1 absent(Bentley)
(Roll call vote)
John Belson-aye
Wes Bradley-aye
Steve Freeman-aye
Bradley Bentley-Absent
RESOLUTION NO. 47-4/13
RESOLUTION OPPOSING THE GOVERNER’S
PROPOSAL TO LIMIT INDUSTRIAL DEVELOPMENT AGENCIES ABILITY TO GRANT STATE SALES
TAX EXEMPTIONS AS PART OF LOCAL ECONOMIC DEVELOPMENT EFFORTS
WHEREAS, currently, an industrial
development agency (IDA) may grant exemptions from State sales and use taxes
for projects that the IDA determines advance the opportunities, health, general
prosperity, and economic welfare of the inhabitants of the county, region, and
the State; and
WHEREAS, IDA’s can provide State sales
tax exemptions without State approval and must give notice to the State of the
agent/project operator’s appointment and
WHEREAS, IDA’s are uniquely created and
organized to cooperate with local economic development groups and deal with
state agencies, local businesses, job retention, job creation,and
grant inducements for economic development and stimulate economics of all
sizes; and
WHEREAS, Governor Coumo’s
proposed 2013-2014 Executive Budget contains provisions to restrict the
authority of IDA’s to provide State sales and use tax exemptions in the
following ways;
An IDA could
only grant a State sales tax exemption to an agent or project operator that has
been certified as a participant in the Excelsior Jobs Program, or is a business
that would be eligible to participate in the Program.
Eligibility in
the Program is limited to certain types of firms, with specific criteria for
job creation and capital investment for each type of firm.
Before an IDA
could award a State sales tax ecemption it would need
to receive a determination from the Commissioner of Economic Development in
consultation with the Regional Economic Development Council, that the benefit
plan is consistent with regional economic development strategies.
An IDA would be
prevented from providing a State sales tax exemption greater than that approved
by the Commissioner of Economic Development
An agent or
project operator would have to submit a claim for credit or refund to obtain a
State sales tax exemption.
An IDA would be
required to send notice to the Tax Department when its appointment of an
agent/project operato has expired or been revoked.
An IDA would
need to remit to the State any payments from a payment in lieu of taxes (PILOT)
agreement for State sales and use taxes,
If an IDA
recaptures State sales and use tax monies from its agent or project operator,
it would be required to turn such monies over to the NYS Commissioner of Tax
and Finance,
The bill would
become effective immediately and apply to any IDA project, benefits, or PILOT
agreements established or revised on or after the bill’s effective date.
NOW THEREFORE BE IT RESOLVED, that the
Town of Yates Board opposes this proposal and calls for the Legislature to
reject these reforms due to the detrimental impact they would have on local
economic development and job creation efforts; and be it
FURTHER RESOLVED that the Town of Yates
Board shall forward copies of this resolution to Governor Andrew Cuomo, Senator
George Maziarz, Assemblyman Steve Hawley, the 10
regional economic development councils, The New York State Economic Development
Council (NYS EDC) Orleans County Economic Development, NYSAC,and InterCounty
Association of Western New York, Towns in Orleans County , and all others
deemed necessary and proper
Offered by Councilman Freeman who moved
its adoption
Seconded by Councilman Bradley
Adopted 3 ayes; 0 nays 1 absent Bentley
RESOLUTION NO. 48-4/13
RESOLUTION TO ACCEPT RESIGNATION OF COUNCILMAN
RICK HARMER
WHEREAS, a letter of resignation has been received from Councilman Rick
Harmer as follows: Effective 12:01 A.M.
March 15 2013 I resigned from the position of Councilman of the Town of Yates.
Be it
RESOLVED that
the Town Board of the Town of Yates accepts Rick Harmers resignation with
regret.
Rick had served on the Board for 3 ½ years.
Offered by Councilman Bradley who moved
its adoption
Seconded by Councilman Freeman
Adopted. 3 ayes; 0 nays; 1 absent (Bentley)
Assessor updates
have been mailed and
have had only 13 calls questioning assessmentws.
Councilman Wes Bradley commented on Michele doing a very good job Councilman Freeman and Supervisor agreed
Code &
Zoning-0 will be doing property maintenance check . I
have completeted my traing
that is required by NYS
Roger Wolfe- we
are doing ditches and cleaning up brush
RESOLUTION
NO. 49-4/13
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as follows:
A-Account-General 48,115.64
B-Account-General 1,492.78
DA-Account 24,305.12
DB-Account 1,201.17
Water 2 9,480.92
Water 4 Account 15,566.55
TOTAL 101,516.78
Seconded by Councilman Freeman
Adopted 3 ayes; 0 nays; 1 absent (Bentley)
Adjournment
Moved by Councilman Bradley , Whereas there is no new business to be brought before the Board that the meeting be adjourned at 7:15P.M.
Seconded by Councilman Freeman
Brenda Donald
Town Clerk
Town of Yates