TOWN OF
AND PUBLIC HEARING
The Public Hearing meeting was called to order by the
Supervisor at
THOSE OFFICERS PRESENT: Russell Martino- Supervisor
Jerry Rutledge- Councilman
John Belson- Councilman
Michele Harling-Assessor
Brenda Donald- Town Clerk
David Schubel- Attorney
Roger Wolfe-Highway Superintendent
Dan Wolfe-Code and Zoning
OTHERS: Larry Wolfe-Resident
Edwin and Donna Merritt-Town of
John and Sharon Pedley-Town of
Lynne Johnson-Legislature
Jeremy Dent-Resident
The
Supervisor called to order the Public Hearing on
RESOLUTION NO.82-8/08
RESOLUTION TO CLOSE PUBLIC HEARING
WHEREAS, all persons who wished to be heard were allowed to be heard, No person came forward be heard.
RESOLVED, the Public hearing on Local Law No.2 of 2008 on
Park rules be closed at
Offered by Councilman Rutledge who moved its adoption
Seconded by Councilman Belson
Adopted. 4 ayes 0 nays 1 absent (Bentley)
RESOLUTION NO.83-8/08
RESOLUTION TO ACCEPT MINUTES
RESOLVED, to accept the minutes of the
Offered by Councilman Rutledge, who moved its adoption
Seconded by Councilman Harmer.
Adopted. 4 ayes; 0 nays; 1absent (Bentley)
Privilege of the Floor
John and Sharon Pedley and Edwin
and Donna Merritt requested water for their cottages located on the other side
of the Yates Carlton Townline in the Town of
Supervisor Martino explained that the Town of Yates can no longer allow Carlton resident to hook up to Yates water until the Town of Carlton meets with the Town of Yates and is willing to work with the Town of Yates on the issue of water.
Mr. Merritt explained that he had talked with
Supervisor Martino explained that with so many cottages in
that area that the Town of
David Schubel the Town Attorney explained that there could also be legal issues involved.
Jermey Dent stated that they will be interested in the Adult Basketball is planning on playing at the school again this fall and would like the Board to provide insurance certificate again.
Councilman John Belson will handle the insurance sertificate information.
RESOLUTION NO.84-8/08
RESOLUTION TO CHANGE SEPTEMBER MEETING
WHEREAS, the Town Board changed the September meeting because there was to be a Historian meeting on the same date as our schedule meeting. And
WHEREAS, the Historian meeting has been canceled
BE IT RESOLVED the Town Board is moving the September meeting
back to the date of
Offered by Councilman Harmer who moved its adoption.
Seconded by Councilman Rutledge.
Adopted .4 ayes; 0 nays; 1absent (Bentley)
Attorney Schubel drafted a waiver form to be used by persons that park in the Town Parking lots over night. Such as large trucks and semi’s
RESOLUTION NO. 85-8/08
WHEREAS, the form has been drafted by the Town attorney, be it
RESOLVED, the waiver form will be used by the Town of
Offered by Councilman Harmer, who moved its adoption.
Seconded by Councilman Rutledge.
Adopted .4 ayes; 0 nays; 1absent (Bentley)
RESOLUTION NO. 86-8/08
RESOLUTION TO ADOPT LOCAL LAW NO. 2 OF THE YEAR 2008
WHEREAS, a public hearing was held and all persons pro or con were heard at such meeting be it
RESOLVED, the Town Board adopted Local Law No.2 of 2008(Park Rules) as follows
Town of
Local Law No. 2 of the year 2008.
A local law Establishing
Rules, Regulations and Prohibition for the Park and Facilities of the Town of
(Insert Title)
Be it enacted by the Town Board of the (Name of Legislative Body)
A Local Law Establishing Rules, Regulations and Prohibitions for the
Park and Facilities of the Town of
SECTION 1. TITLE
This
chapter shall be known and may be cited as the Town of
SECTION 2. APPLICABILITY
The
prohibitions, rules and regulations contained in this chapter shall apply to
the Town park and facilities devoted or used for
recreational or similar purposes owned, or otherwise under the control, supervision
and jurisdiction of the Town of
SECTION 3. DEFINITIONS
Town Park – The grounds, buildings thereon, and any other property used in connection therewith or constituting a part hereof which is now or may hereafter be owned, used, maintained, operated or controlled by the Town of Yates for recreational and sports activities located on Morrison Road consisting of approximately 5 acres of land and more particularly described in a deed recorded in the Orleans County Clerk’s Office in Book 811 of Records at Page 247.
Person – Any individual, firm, partnership, corporation or association of persons, and when the singular form is used, it shall include the plural.
Vehicle
– Every device or conveyance in, upon or by which a person or property is or
may be transported or drawn, and shall include motor vehicles as defined in the
Vehicle and Traffic Law of the State of
SECTION 4. PRESENCE IN PROPERTY
No person shall be or remain within the Town park at any time from sunset until sunrise the following morning, except if such person has the written permission of the Town Board of the Town of Yates or if the Town Board has adopted a resolution granting such permission.
SECTION 5. SIGNS PROHIBITED
No person shall post or display any sign of any kind within the Town park.
SECTION 6. PEDDLING AND SOLICITING
No
person shall engage in any commercial or business activities with the Town
except if such person has the written permission of the Town Board of the Town
of
SECTION 7. HORSES
No person shall have, ride or lead any horse or pony in the Town park.
SECTION 8. SWIMMING
The
Town park is bordered on the north by
SECTION 9. DEFACING PROPERTY
No person shall deface, write, paint or carve in or upon any tree, bench, building or structure of any kind or other property located with the Town park.
SECTION 10. WEAPONS AND FIREWORKS
No person shall possess, carry, fire or discharge any gun, pistol, firearm, rocket, torpedo, or fireworks of any description or any bow or arrow or other weapon within the Town park.
SECTION 11. INTERFERENCE WITH PLANTS AND VEGTATION
No person shall cut, dig up, pick or otherwise disturb or remove any bushes, shrubs or trees located within the Town park.
SECTION 12. POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES
No person shall consume or possess any alcoholic beverages, including wine or beer, within the Town park.
SECTION 13. LITTERING
No person shall bring into, deposit, leave behind or dump or dispose of any refuse, ashes, garbage or other putrescible materials within the Town park.
SECTION 14. MOTOR VEHCILES
No person shall operate any minibikes, all-terrain vehicles or dirt bikes within the Town park. Licensed motor vehicles shall only be parked in designated parking areas.
SECTION 15. INTERFACE WITH WILDLIFE PROHIBITED
No person shall hunt, disturb or molest any birds or animals in the Town parks and no person shall rob or molest any bird’s nest or take any eggs of any bird in the Town park.
SECTION 16. PENALTIES
Any violation of any provisions of this Local Law shall constitute a violation pursuant to the Penal Law and any person convicted for a violation of this Local Law shall be subject to a fine not exceeding Town Hundred Fifty and 00/100 ($250.00) Dollars or by imprisonment for terms not exceeding fifteen (15) days, or by such fine and imprisonment.
SECTION 17. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Department of State.
Offered by Councilman Rutledge,who moved its adoption
Seconded by Councilman Harmer
Adopted : 4 ayes; 0 nays; 1absent (Bentley)
RESOLUTION NO.87-8/08
RESOLUTION TO PROHIBIT TOWN OF CARLTON RESIDENTS FROM HOOKING UP TO TOWN OF YATES WATER LINES
WHEREAS, The Town of Yates feels the need to discuss with the Town of Carlton water hook ups for the Town of Yates to the Town of Carlton. Be it
RESOLVED that no water hookups for Town of Carlton residents will be allowed pending further discussion with the Town of Carlton.
Offered by Councilman Belson who moved its adoption.
Seconded by Councilman Harmer
Adopted .4 ayes; 0 nays; 1absent (Bentley)
RESOLUTION NO. 88-8/08
RESOLUTION TO CONTRACT WITH EMERGENT ENERGY GROUP
WHEREAS, emergent energy group has contacted the Town of Yates and has met with the Town Board, be it
RESOLVED, the Town of Yates will contract with emergent energy group for the development of wind energy, be it further
RESOLVED this contract will be in the amount of $11,000.00
Offered by Councilman Rutledge who moved its adoption.
Seconded by Councilman Belson
Adopted .4 ayes; 0 nays; 1absent (Bentley)
Report of Town Officers
Dan Wolfe- Code enforcement officer reported that Dunn’s junkyard on Goodwin road is cleaned up really well. He also reported that there is a barn going up on the Hall road north of Route 18.
Roger Wolfe Highway Superintendent explained that he would like to get a survey done so he has a better idea what will be needed to upgrade this road.
Assessor-Michele Harling- Fall conference is in Hudson Valley September 22,23,24 and it is a 12 credit course. Has not heard response from the Veterans on Cold War vet exemptions. Explained that a new report will be given October of 2008 explaining exemptions and how they effect the taxes.
Roger Wolfe-Highway Superintendent stated the new water line is going well. He would recommend a tire-drop off on August 23,2008 from 9 until noon
RESOLUTION NO.89-8/08
RESOLUTION TO HAVE TIRE DROP-OFF
RESOLVED, to have the annual Town of Yates tire-drop-off on August 23,2008 from 9:00 A.M. until noon, at the Town of Yates Highway Garage.
Offered by Councilman Belson who moved its adoption
Seconded by Councilman Rutledge.
Adopted .4 ayes; 0 nays; 1absent (Bentley)
RESOLUTION NO 90-8/08
RESOLUTION TO PAY BILLS
WHEREAS, all vouchers have been audited by the Town Board be it
RESOLVED, to pay bills as follows:
A-Account 34,549.83
B-Account-- 1,565.84
DA- Account- 4,636.72
DB- Account- 19,167.92
Water 4 3,614.03
Water 2 11,093.58
Phase 8 169,105.89
Phase 9 3,021.00
Youth 6,000.00
TOTAL 252,754.81
Offered by Councilman Rutledge who moved its adoption
Seconded by Councilman Belson
Adopted .4 ayes; 0 nays; 1absent (Bentley)
Motion by Councilman Harmer, whereas there is no further business to be brought before the Board at this time the meeting be adjourned at 7:25.P.M. Seconded by Councilman Belson
Vote: 4 ayes;0 nays 1 absent (Bentley)
Brenda B. Donald,Town Clerk Town of Yates