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.

 

 Offered by Councilman Bradley, who moved its adoption

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

 Youth                               

 

  TOTAL                 101,516.78

 

 

Offered by Councilman Bradley who moved its adoption

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