REGULAR MEETING
PUBLIC HEARING
TOWN OF
The
first Public Hearing was called to Order by the Supervisor at
THOSE
OFFICERS PRESENT:Russell Martino- Supervisor
Don Bow- Councilman
John Belson-Councilman
Jerry Rutledge, Councilman
Bradley Bentley, Councilman
Brenda Donald- Town Clerk
Roger Wolfe, Highway
Superintendent
Michelle Harling, Assessor
David Schubel-Attorney
OTHERS
Larry Wolfe-Resident
Paul Lauricella-Resident
Phil Zimmerman-property owner
The
first Public hearing was on the preliminary Budget for the year 2008. The
Supervisor explained the proposed budget to the persons attending.
RESOLUTION
NO.123-11/07
RESOLUTION
TO CLOSE PUBLIC HEARING ON PRELIMINARY BUDGET FOR 2008
WHEREAS,
all persons pro and con were heard at the Public
hearing, and no persons voiced any opinions on the budget, be it
RESOLVED,
the public hearing on the preliminary budget for the year 2008 be closed at
Offered
by Councilman Bow, who moved its adoption
Seconded
by Councilman Belson
Adopted. 5 ayes; 0 nays
The
Supervisor opened the Public Hearing on the increase of income for age
exemptions at
Michele
Harling explained that the changes proposed would not affect the taxes much
RESOLUTION
NO.124-11/07
RESOLUTION
TO CLOSE PUBLIC HEARING ON INCREASE OF INCOME FOR
WHEREAS,
all persons pro and con were heard at the Public hearing, and no persons voiced
any opinions on the change, be it
RESOLVED,
the public hearing on increasing income
for age exemption be closed at
Offered
by Councilman Bentley, who moved its adoption
Seconded by Councilman Rutledge.
Adopted. 5 ayes; 0 nays
RESOLUTION
NO.125-11/07
RESOLUTION
TO ACCEPT MINUTES
RESOLVED
to accept the minutes of the Regular meeting
Offered
by Councilman Belson, who moved its adoption.
Seconded by Councilman Bow.
Adopted. 5 ayes; 0 nays
RESOLUTION
NO.126-11/07
RESOLUTION
ADOPTING THE PRELIMINARY BUDGET AS THE ANNUAL BUDGET
WHEREAS,
a public hearing was held on
WHEREAS,
the Town Board has discussed the preliminary budget ,
be it
RESOLVED
the preliminary budget as presented shall be the annual budget for the Town of
Offered
by Councilman Rutledge who moved its adoption.
Seconded
by Councilman Belson
Adopted. 5 ayes; 0nays
RESOLUTION
NO.127-11/07
RESOLUTION
INCREASING THE
WHEREAS, the Town Board of the Town of Yates has heretofore
adopted Resolutions authorizing a real property tax exemption for persons
sixty-five (65) years of age, and
WHEREAS, the Town Board has held a public hearing on notice
published in the official newspaper of the Town relative to increasing such
income amount to the sliding scale set forth below, and all persons wishing to
be heard at such public hearing were heard,
Annual Income
Percentage
Assessed Valuation
Exempt >From Taxation
$0.
- $13,500.00
50%
$13,500.01 -
$14,499.99
45%
$14,500.00 -
$15,499.99
40%
$15,500.00 -
$16,499.00
35%
$16,500.00 -
$17,399.00
30%
$17,400.00 -
$18,299.00
25%
$18,300.00 -
$19,199.99
20%
$19,200.00 and
over
None
Offered by Councilman Bentley, who moved its adoption
Seconded by Councilman Bow
Adopted 5 ayes; 0 nays
RESOLUTION NO.128-11/07
RESOLUTION (SEQR RESOLUTION INTENT TO DECLARE LEAD AGENCY
STATUS
RESOLVED, that in accordance with the New York State
Environmental Quality Review (SEQR) regulations, the Town Board of the Town of
Yates hereby announces its intent to serve as lead agency to conduct an
environmental review of a project to construct a series of public water supply
improvements to serve the Town of Yates Water District No.4 Phase VIII service
area. The project consists of approximately 12,300 feet of watermain
along portions of
FUTHER RESOLVED, the Town Board has determined that ,as a
portion of the project is located within an Orleans County Agricultural
District, the proposed action is a Type I action as defined under SEQR; and be
it
FURTHER RESOLVED, that the Town Board hereby accepts the
Environmental Assessment of this project, prepared by Stuart I Brown
Associated, Inc. and be it
FURTHER RESOLVED, the Town Board will notify the Involved
Agencies of its intention to act as Lead Agency for this project and will
provide them with a copy of the full Environmental Assessment which has been prepared, it finds that the project will result in no
significant damage to the environment. Therefore, the Town Board does not
anticipate the preparation of an Environmental Impact Statement for the
project. Further , the Town Board herewith
states its intent to issue a Negative Declaration under SEQR for the project,
pending review by Involved Agencies.
Offered by Councilman Rutledge who moved its adoption
Seconded by Councilman Bow.
Adopted. 5
ayes; 0 nays
RESOLUTION NO.129-11/07
A BOND RESOLUTION,DATED NOVEMBER 8,2007, OF THE TOWN OF
YATES, ORLEANS COUNTY,
WHEREAS, the Town Board of the Town of Yates, Orleans
County, New York (the “Town”), has determined to proceed with the Increase and
Improvement of Facilities of the Town of Yates Water Improvement District No.4,
Phase 9 (the Improvement Project);and
WHEREAS, the Town Board desires to undertake the
reconstruction of and construction and installation of approximately 8,800
linear feet of 8 inch watermain PVC pipe interconnections, crossings, hydrants,
and services; all of the foregoing to include land or rights in land, original
equipment, machinery, furnishings, valves, fittings, connections, fill
appurtenances and relating site work and other ancillary work along Yates
Carlton Town Line Road (7,000 linear feet) and Alps Road (1,800 linear
feet) in the Town and all of the foregoing to include all necessary site work,
equipment, apparatus and other improvements and costs incidental thereto (the
“Phase 9 Water Improvement).
WHEREAS, the Town Board desires to issue
obligations of the Town to finance the cost of the Improvements.
BE IT RESOLVED, by the Town Board (by the favorable vote of
not less than two-thirds of all members of the Board) as follows:
SECTION 1. The
specific purpose (hereinafter referred to as “purpose”) to be financed pursuant
to this resolution is the Increase and Improvement of facilities of the Town of
Yates Water Improvement District No.4, Phase 9 (the “District”) in the Town of
Yates including all preliminary work necessary equipment, materials and site
work and all preliminary costs and cost incidental thereto. The maximum
cost of said purpose will not exceed $330,000.
SECTION 2. The
Town Board plans to finance the maximum estimated cost of said purpose by the
issuance of serial bonds in an amount not to exceed $330,000 of said Town,
hereby authorized to be issued therefore pursuant to the Local Finance Law,
said amount to be offset by any federal, state, county and/or local funds,
including but not limited to, approximately $190,000
grant funds from USDA Rural Development. The cost of such improvements is
to be paid by the issuance of serial bonds, and by the assessment, levy and
collection of assessments from several lots and parcels of land within the
District which the Town Board shall determine and specify to be especially
benefited thereby, so much upon and from each as shall be in just proportion to
the amount of benefit conferred upon the same, to pay the principal of and
interest on such bonds as the same become due and payable, except as provided
by law.
SECTION 3 It is hereby determined that said purpose is an
object or purpose described in subdivision 1 paragraph (a) of Section 11.00 of
the Local Finance Law, and that the period of probable usefulness of said
purpose is 40 years.
SECTION 4. Current
funds are not required to be provided prior to the issuance of the bonds
authorized by this resolution or any notes issued in anticipation of the sale
of said bonds.
SECTION 5. It
is hereby determined the proposed maturity of the obligations authorized by
this resolution will be in excess of five years
SECTION 6. The
faith and credit of the Town are hereby irrevocably pledged for the payment of
the principal of and interest on such bonds as the same respectively become due
and payable. An annual appropriation shall be made in each year
sufficient to pay the principal of and interest on such bonds becoming due and
payable in such year. There shall be the assessments ,levy,
and collection of special assessments from the several lots and parcels of land
within the District which the Town Board shall determine and specify to be
especially benefited thereby, so much upon and from each as shall be in just
proportion to the amount of benefit conferred upon the same, to pay the
principal of and interest on such bonds as the same become due and payable,
except as provided by law.
SECTION 7.
Subject to the provisions of this resolution and of Local Finance Law, pursuant
to the provisions of Section 30.00 relative to the authorization of the
issuance of bond anticipation notes or the renewals of said notes and of
Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and
Section 63.00 of the Local Finance Law, the powers and duties of the Town Board
pertaining or incidental to the sale and issuance of the obligations herein
authorized, including but not limited to authorizing bond anticipation notes
and prescribing the terms, form, and contents and as to the sale and issuance
of the bonds herein authorized and of any bond anticipation notes issued in
anticipation of said bonds, and the renewals of said notes, are hereby
delegated to the Town Supervisor, the chief fiscal officer of the Town.
SECTION 8. The
temporary use of available funds of the Town ,not immediately required for the
purpose or purposes for which the same were borrowed, raised or otherwise
created, is hereby authorized pursuant to Section 165.10 of the Local Finance
Law, for the purpose or purposes described in Section 1 of this
resolution. The Town then reasonably expects to reimburse any such
expenditures (to the extent made after the date hereof or within 60 days prior
to the date hereof) with the proceeds of the bonds authorized by Section 2 of
this resolution (or with the proceeds of any bond anticipation notes issued in
anticipation of the sale of such bonds) This resolution shall constitute
the declaration of the Town’s official intent to reimburse the expenditures
authorized by Section 2 hereof with such bond or note proceeds, as required by
United States Treasury Regulations Section 1.150.2
SECTION 9. The
Town Supervisor is further authorized to take action and execute documents as
may be necessary to ensure the continued status of the interest on the bonds
authorized by this resolution, and any notes issued in anticipation thereof, as
excludable from gross income for federal income tax purposes pursuant to
Section 103 of the Internal Revenue Code of 1986, as amended (the Code) and to
designates the bonds authorized by this resolution, and any notes issued in
anticipation thereof as “qualified tax-exempt bonds” in accordance with Section
265(b)(3) (B) (i) of the Code.
SECTION 10. The
Town Supervisor is further authorized to enter into a continuing disclosure
agreement with the initial purchaser of the bonds or notes authorized by this
resolution, containing provisions which are satisfactory to such purchasers in
compliance with the provisions of Rule 15c12-12, promulgated by the Securities
and Exchange Commission pursuant to the Securities Exchange Act of 1934.
SECTION 11. The
Town has complied in every respect with all applicable federal, state and local
laws and regulations regarding environmental matters, including compliance with
the New York State Environmental Quality Review Act (“SEQRA”),comprising
Article 8 of the Environmental Conservation Law and in connection therewith,
duly issued a negative declaration and/or other applicable documentation and
therefore no further action under the State Environmental Quality Review Act is
necessary.
SECTION 12. The
validity of said serial bonds or of any bond anticipation notes issued in
anticipation of the sale of said serial bonds may be
contested only if.
(1) (a) Such obligations are
authorized for an object or purpose for which said Town is not authorized to
expend money, or
(b) if the provisions of law which
should be complied with at the date of publication of this resolution are not
substantially complied with and an action, suit or proceeding contesting such
validity is commenced within twenty days after the date of publication: or
(2) Said obligation are authorized
in violation of the provisions of the Constitution of New York.
SECTION 13. The
Town Clerk is hereby authorized and directed to publish this resolution or a
summary thereof together with a notice in substantially the form provided by
Section 81.00 of said Local Finance Law in a newspaper having a general
circulation in said Town and designated as the official newspaper of said Town
for such publication.
SECTION 14. This
Resolution is effective immediately.
Offered by Councilman Bow
who moved its adoption.
Seconded by Councilman Rutledge.
Adopted 5 ayes; 0 nays
Martino—aye
Rutledge-aye
Belson-aye
Bentley-aye
Bow-aye
RESOLUTION
130-11/07
RESOLUTION
ON LATERAL RESTICTIONS
WHEREAS,
the Town Board of the Town of Yates has created Water District No.4, Phase IX
pursuant to Town Law for the express purpose of providing public water supply
to residents along portions of Yates-Carlton Town Line and Alps Road; and
WHEREAS, part of the land area within Water District No.4 Phase IX is also
within Orleans County Agricultural District No.1; and
WHEREAS,
the Town Board has filed a Notice of Intent to Undertake an Action Within an
Agricultural District and to evaluate the impact of providing a source of
public water supply within this area on lands within Agricultural District
No.1; and
WHEREAS,
it is anticipated that the New York State Department of Agriculture and Markets
will express concern about the potential adverse impact that said public
water supply will have on agriculture within the Agriculture District;,
Offered
by Councilman Bentley who moved its adoption.
Seconded by Councilman Belson.
Adopted. 5 ayes; 0 nays
RESOLUTION NO. 131-11/074
RESOLUTION
TO PLACE UNPAID WATER AMOUNT ON PROPERTY TAX BILLS
WHEREAS,
the Town Board has been notified that a few water customers
have past due water bills in large amount, be it
RESOLVED that these past due bills shall be placed on the
property taxes of the residents.
Offered
by Councilman Bow, who moved its adoption.
Seconded by Councilman Rutledge.
Adopted. 5 ayes; 0 nays
REPORT
OF TOWN OFFICERS
Assessor-
has been working on exemption form that will be sent out
Highway
Superintendent- the waterline in the cemetery is old galvanized line and needs
to be replaced. Will replace this with PVC line and the cost will be around
$2,000
Councilman
Bentley- the County still has not completed the
project they started last year on the
Councilman
Belson-
1-The
ZBA and Planning board will have a join meeting next week on November 13th
2.The pavilion at the park has the
roof on and the landscaping is looking real good
Supervisor
Martino- The Village of Lyndonville would like the
Town to venture into a joint grant application to study the dissolving the
Village and consolidation with the Town. This is just a study at this point.
RESOLUTION NO. 132-11/07
RESOLUTION
TO CONTRIBUTE $1,500 TO VILLAGE IN ORDER TO APPLY FOR A GRANT
WHEREAS,
Grants are available to do studies on dissolving the Village and consolidating
with the Town, and the cost for the application is $3,000, be it
RESOLVED,
the Town will pay the Village $1,500to help with this grant application.
Offered
by Councilman Bentley, who moved its adoption
Seconded
by Councilman Rutledge
Adopted. 5 ayes; 0 nays
RESOLUTION
NO.133-11/07
RESOLUTION
TO PAY BILLS
WHEREAS,
all claims have been audited by the Town Board and found to be a proper claim,
be it
RESOLVED,
the Supervisor shall pay claims as follows:
A
27,614.92
B
819.76
DA
6,306.40
DB
7,360.01
Water 4
24,032.23
Water 2
TOTAL 66,133.32
Offered
by Councilman Rutledge who moved its adoption
Seconded
by Councilman Belson
Adopted. 5 ayes; 0 nays;
Motion
by Councilman Bentley, whereas there is no
further business, to be brought before the Board at this time the meeting be
adjourned at
Vote
5 ayes; 0 nays
Town
Of
Brenda
B. Donald
Town
Clerk