TOWN OF YATES
REGULAR BOARD MEETING
June 12, 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
Wes Bradley-Councilman
Steve Freeman, Councilman
Bradley Bentley.Councilman
Brenda Donald-Town Clerk
Roger W. Wolfe, Highway/Water Superintndent
Michele Harling, Assessor
Daniel Wolfe-Code/Zoning Officer
Andrew Meier-Town Attorney
OTHERS
Larry Wolfe-Resident
Lynne Johnson, Legislature
RESOLUTION
NO.54-6/14
RESOLUTION TO ACCEPT
THE MINUTES May 8,,2014
RESOLVED, to accept the minutes of the May 8th,2014 meeting as
presented to each Board Member.
Seconded by Councilman Freeman
Adopted. 5ayes; 0 nays;
RESOLUTION NO.55-6/14
URGING THE NEW YORK STATE LEGISLATURE AND GOVERNOR TO CONTINUE TO ADDRESS
UNFUNDED MANDATES THAT USE LOCAL TAX DOLLARS TO FUND STATE AND FEDERAL PROGRAMS
AND SERVICES
WHEREAS, many municipalities in New York State face significant fiscal challenges that are amplified by a slow economic recovery and a state imposed restriction on local revenues; and
WHEREAS, in most instances the county fiscal challenges are directly tied to state imposed mandates and reduced state reimbursement; and
WHEREAS, counties play a central role in delivering state services, due to our state mandated role in the administration and financing of a wide variety of state programs; and
WHEREAS, in 2013, the state enacted Medicaid reforms to assume all of the growth in spending from the local taxpayers by 2015; and
WHEREAS, local taxpayers continue to fund $7.5 billion of Medicaid costs; now be it
RESOLVED, that the Town of Yates strongly encourages the Governor and State Legislature to work to address the underlying causes of fiscal stress facing so many localities; andbe it
FURTHER RESOLVED, that the Town of Yates believes the State must work diligently to enact a no new unfunded mandates law and constitutional protections against future unfunded mandates; and be it
FURTHER RESOLVED, that copies of this resolution shall be forwarded to Governor Andrew M. Cuomo, State Senator George Maziarz, Assembly Member Stephen Hawley, , NYSAC, all Towns and Villages in Orleans County, and all others deemed necessary and proper.
Offered by Councilman Whipple who moved its adoption.
Seconded by Councilman Bentley
Adopted. 5ayes; 0 nays
RESOLUTION NO.56-6/14
SUPPORT OF STATEWIDE INDIGENT DEFENSE LEGAL SYSTEM AND SETTLEMENT OF HURRELL-HARRING ET AL. V. STATE OF NEW YORK
WHEREAS, in 1963 the United States Supreme court held in Gideon v. Wainwright that the right to counsel for one charged with crime is fundamental and that states need to supply lawyers for those unable to afford them; and
WHEREAS, in 1965 the State of New York delegated this state responsibility to counties; and
WHEREAS, the decision to entrench responsibility at the county level in the State of New York has resulted in the inefficient and inconsistent patchwork of services provided at the county level; and
WHEREAS, implementation of the Constitutional right to counsel under Gideon is a state, not county, obligation; and
WHEREAS, public defense services are inadequately financed by the State of New York; and
WHEREAS, in 2006 the Kaye Commission on the Future of Indigent Defense Services declared the New York State System of County-Delivered Indigent Services in crisis and urged the expeditious establishment of an Independent Public Defense Commission overseeing a state-funded, statewide defender system; and
WHEREAS, the State of New York is now a defendant in Hurrell-Harring, et. al.v. State of New York, a systemic lawsuit similar to many that have been successful across the country seeking to transform the indigent defense system into a statewide defender system; and
WHEREAS, Governor Cuomo is in a position to be a powerful, persuasive, and moving voice for the creation of a statewide defender system; and
WHEREAS, Governor Cuomo can fix the public defense system, incrementally develop a state funded model for the nation, design a cost-effective way to finance that system over time, and relieve counties of a responsibility originally delegated to them in 1965, which is presently costing New York State counties $350 million per year; now, therefore be it
RESOLVED, that the Town of Yates supports the transformation of the current county provided indigent defense system into a New York statewide defender system and calls upon the State of New York and Governor Cuomo settle the pending litigation of Hurrell-Harring, et.al. v. State of New York; and be it
FURTHER RESOLVED, that this resolution be forwarded to Governor Andrew Cuomo, Senator George Maziarz, Assembly member Stephen Hawley, New York State Defenders’ Association, New York State Office of Indigent Legal Services, New York State Association of Counties, InterCounty Association of Western New York, Orleans County Towns and Villages, and all other deemed proper and necessary.
Offered by Councilman Whipple who moved its adoption
Seconded by Councilman Bentley
Adopted. 5 ayes;0nays
Report of Town Officers:
Dan Wolfe Code and Zoning: Busy with Building Permits.
Shelly Harling Assessor: had 3 at grievance day final roll will be going to the County
Town should be receiving around $2.00 per parcel from New York State
Roger Wolfe-Highway and Water: West Yates Center Road is sealed Mowing Roadsides the County will be starting work on Lakeshore Road and the State is working on Route 18
Water shut-offs have been posted
Wes Bradley, Councilman- September thru May the E Waste has collected 8,000 pounds of E-waste.
The summer program will have swimming at Medina this summer
Supervisor Belson- Barker NY has asked if anyone from the Town would like to march in their parade.
Councilman Wes Bradley stated the Fire Company will be marching.
RESOLUTION NO. 57-6/14
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as per abstract
A-Account 36,412.76
B-Accounts 3,300.03
DA-Accounts Highway 5,706.26
DB-Accounts Highway 143,337.76
Water 4 20,932.00
Water 2
Youth-
TOTAL
209,688.81
Offered by Councilman Bradley who moved its adoption
Seconded by Councilman Bentley
Adopted 5 ayes;0 nays
Adjournment
Moved by Councilman Whipple , Whereas there is no new business to be brought before the Board that the meeting be adjourned at 7:20 P.M.
Seconded by Councilman Bradley
Adopted 5 ayes; 0 nays
Town of Yates
Brenda B. Donald