TOWN OF YATES

REGULAR BOARD MEETING

 

SEPTEMBER 12, 2013

 

The meeting was called to Order by the Deputy Supervisor at 7:00 pm at the Town Hall 8 South Main Street, Lyndonville, NY

 

THOSE OFFICERS PRESENT:  John Belson-Supervisor

                                                      Wes Bradley-Councilman

                                                      Steve Freeman-Councilman

                                                      Bradley Bentley-Councilman

                                                      Brenda Donald-Town Clerk

                                                  

      Roger Wolfe-Highway Superintendent

                                                      Andrew Meier-Town Attorney

 

OTHERS:                                     Larry Wolfe-Resident

                                                      Paul Laurcelli-Resident

                                                      Sandra Laurcelli-Resident

 

 

 

Privilege of the Floor

 

Paul Lauracelli- Was at a County meeting Wednesday and heard that the county would like all Code enforcement the same and maybe eventually run by the County.  I would like to say I think this should be a local matter and that our Code Officer works with the people and does a good job.

 

 

RESOLUTION NO. 76-9/13

 

RESOLUTION TO ACCEPT THE MINUTES OF THE August 8,, 2013 MEETING

 

RESOLVED, to accept the minutes of the meeting held August 8, 2013 as presented to each Board Member.

 

Offered by Councilman  Bentley who moved its adoption.

Seconded by Councilman Freeman

 

Adopted. 4 ayes 0 nays

 

 

RESOLUTION NO. 77-9/13

 

RESOLUTION TO HAVE THE SUPERVISOR SIGN MUNICIPAL AGREEMENT WITH GAINES FOR BOOKKEEPER.

 

THIS AGREEMENT made this 12th day of September, 2013 by and between the TOWN OF YATES a municipal corporation with offices at 8 South Main Street, Lyndonville, New York hereinafter referred to as “Yates” and the TOWN OF GAINES a municipal corporation with offices at 14087 Ridge Road, Albion New York hereinafter referred to as “Gaines”

 

WHEREAS, Yates is required to keep an accurate and complete account of the receipt and disbursements of all money received by it, in books of account in the form prescribed by the

State Department of Audit and Control and in books of account in accord with generally accepted accounting standards, and

 

WHEREAS, Yates is also required to process payroll and related statutory filings with respect to payroll, and

 

WHEREAS, Yates has adequate staff to meet the aforedescribed bookkeeping requirements.

 

WHEREAS, Gaines is required to keep comparable books and records and to process payroll and related filings ,and

 

WHEREAS, Gaines has need of bookkeeping services in order to comply the aforementioned requirements, and

 

WHEREAS, the parties believe that it will produce savings for the taxpayers of the parties if Yates performs bookkeeping services for Gaines as hereinafter provided and

 

WHEREAS, pursuant to Article 5-G of the General Municipal Law of the State of New York, the Towns are authorized to enter into a Municipal Cooperation Agreement with respect to functions which each may legally undertake such as the subject of this Agreement.

 

NOW THEREFORE, for and in consideration of the premises and the mutual covenants and promises hereinafter contained, the parties agree as follows:

 

1-      Yates agrees to provide bookkeeping services as required by Gaines during the period from the date of execution of this Agreement through December 31, 2013.

2-      Yates agrees to provide all staff services and computer and related office equipment as needed in connection with the performance of the work under this contract.

3-      3-Yates shall bill Gaines on a standard voucher for services performed by the Town for Gaines in monthly payments as follows:

September 2013—925.26

October 2013-1,850.52

November 2013-1,850.52

December 2013-1,850.52

4-      Gaines shall render payments to Yates on or before the last day of each month

5-      Yates shall carry ;liability insurance covering its employees performing services in connection with this Agreement.  Any Yates Town  employee involved in performing services in connection with this  Agreement shall be deemed employees of the Town of Yates only and shall not be deemed employees of the Town of Gaines for any purpose whatsoever.  Yates hereby agrees to save Gaines harmless for any claims or causes of action which may arise out of the performance of this Agreement by Yates.

6-      This Agreement shall be and remain in effect until December 31,2013.

7-      Either party may terminate this Agreement upon 30 days written notice to the other party.

 

 

Offered by Councilman  Bentley  who moved its adoption

Seconded by Supervisor Belson

 

Adopted.  4 ayes; 0 nays

 

RESOLUTON NO.78-9/13

 

RESOLUTION AUTHORIZING THE TOWN BOARD TO DESIGNATE AN AGENT TO ISSUE LICENSE FOR DISPLAY OF FIREWORKS, AND APPROVED FORM

 

WHEREAS, New York Penal Law 405 authorizes a Town Board to designate an agent who may issue a license on behalf of the Town for a display of fireworks occurring in the Town outside the territorial jurisdiction of a Village: and

 

WHEREAS, the Yates Town Board wishes to designate an agent for such purpose and to establish procedures for the review of such license application,

 

NOW THEREFORE be it

 

RESOLVED, that the Yates Code Enforcement Officer is hereby designated as the licensing agent for fireworks displays occurring in the Town of Yates outside the Village of Lyndonville; and be it further

 

RESOLVED that the Yates Code Enforcement Officer shall consider such application upon the timely filing of a form approved by the Yates Town Board; and be it further

 

RESOLVED, that the Yates Code Enforcement Officer shall enforce the requirements set forth in the New York State Penal Law with respect to the filing of such applications, and shall grant licenses for the display of fireworks upon the fulfillment of those requirements by the applicant; and be it further

 

RESOLVED, a copy of the form is attached to these minutes, be it further

 

RESOLVED, that this resolution shall be effective immediately upon adoption.

 

Offered by Councilman Freeman  who moved its adoption

Seconded by Supervisor Belson.

 

Adopted. 4 ayes; 0 nays

 

 

RESOLUTION NO.79-9/13

 

RESOLUTION TO ADOPT LOCAL LAW NO. 2 OF 2013

 

WHEREAS a public hearing was held on this Local Law and the Orleans County Planning Board has approved the Zoning changes; Copy of local law :

 

 

SECTION 1.  The purpose of this Local Law is to amend the Zoning Local Law of the Town of Yates as hereinafter provided.

 

SECTION 2.  Article V, Section 510, Paragraph D entitled “CONDITIONAL USES REQUIRING A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD (SUBJECT TO SPECIAL PERMIT REGULATIONS, ARTICLE VII),” of the Zoning Local Law of the Town Yates is hereby amended by the addition of the following subparagraph:

 

            20.  Restaurants and Taverns

 

SECTION 3.  Article V, Section 500, Paragraph C entitled “CONDITIONAL USES REQUIRING A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD (SUBJECT TO SPECIAL PERMIT USE REGULATIONS.  ARTICLE VII),” is hereby amended by the addition of the following subparagraph:

 

            13.  Agricultural Distribution and Processing Facilities

 

SECTION 4.  All other provisions of the Zoning Local Law of the Town of Yates shall remain the same.

 

SECTION 5.  

A.)   This Local Law shall take effect immediately upon filing in the office of the Secretary of State.

B.)   If any part of section of this Local Law shall be held to be invalid, the remaining provisions thereof shall not fail but shall remain in full force and effect.

C.)  All local laws, ordinances, rules or regulations, or parts or portions thereof that conflict or are contrary to any provision of this Local Law are hereby repealed.

 

SECTION 1.  The purpose of this Local Law is to amend the Zoning Local Law of the Town of Yates as hereinafter provided.

 

SECTION 2.  Article V, Section 510, Paragraph D entitled “CONDITIONAL USES REQUIRING A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD (SUBJECT TO SPECIAL PERMIT REGULATIONS, ARTICLE VII),” of the Zoning Local Law of the Town Yates is hereby amended by the addition of the following subparagraph:

 

            20.  Restaurants and Taverns

 

SECTION 3.  Article V, Section 500, Paragraph C entitled “CONDITIONAL USES REQUIRING A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD (SUBJECT TO SPECIAL PERMIT USE REGULATIONS.  ARTICLE VII),” is hereby amended by the addition of the following subparagraph:

 

            13.  Agricultural Distribution and Processing Facilities

 

SECTION 4.  All other provisions of the Zoning Local Law of the Town of Yates shall remain the same.

 

SECTION 5.  

A.)   This Local Law shall take effect immediately upon filing in the office of the Secretary of State.

B.)   If any part of section of this Local Law shall be held to be invalid, the remaining provisions thereof shall not fail but shall remain in full force and effect.

C.)  All local laws, ordinances, rules or regulations, or parts or portions thereof that conflict or are contrary to any provision of this Local Law are hereby repealed.

 

 

 

BE IT RESOLVED Local Law No. 2 of 2013 be adopted.

 

Offered by Councilman   Bentley   who moved its adoption

Seconded by Councilman Freeman

 

Adopted.4 ayes; 0 nays

 

 

 

Dan Wolfe- Code Enforcement Officer Doing inspections and issuing permits.  Would also like to state that I contacted the County because of the fact we are having problems with properties bought at County sales.  I would like to see a notice to the buyers of what is wrong with the property example(no water, no heat, mold)  These house are usually left vacant for a period of time  or the people are upset when they move out so damage has been done.

 

 

Roger Wolfe-Highway Superintendent

 

Hooked up a Carlton resident on the Yates Carlton Townline for water.

Have been changing and fixing water valves

 

If the Town wants a speed reduction on Platten Road a Resolution would be needed and the matter turned to the County

 

Checking into culverts instead of Bridge at Alps Road and Greenman Road

 

Would like too purchase a new loader. Was going to wait until next year but have been notified that prices are going to increase graeatly in October

 

 

RESOLUTION NO. 82-9/13

 

RESOLUTION TO ALLOW HIGHWAY SUPERINTENDENT TO PUIRCHASE LOADER

 

WHEREAS, prices for loaders are to increase greatly in October, and

 

WHEREAS, there is moneys in the equipment fund, be it

 

RESOLVED the Superintendent has permission to purchase a loader, be it further

 

RESOLVED said price shall not exceed 105,000.

 

Offered by Councilman Bentley who moved its adoption.

Seconded by Supervisor Belson

 

Adopted 4 ayes;0 nays

 

 

 

Councilman Bradley stated that the E-Waste is up and running. The Village is helping and the shed is set up at the Village DPW behind the Firehall.  Hours of operation will be 8-3 Monday thru Saturday.

 

A Legislature meeting is set for September 24 at 7P.M. at the Village Inn

 

RESOLUTION NO.83-9/13

 

RESOLUTION TO HOLD A PUBLIC HEARING ON THE 2% TAX CAP

 

RESOLVED, to hold a public hearing on the 2% Tax Cap on October 10 at 7:00 P.M.

 

Offered by Councilman Bentley who moved its adoption.

Seconded by Councilman Freeman

 

Adopted. 4 ayes; 0 nays

 

 

 

 

RESOLUTION NO. 84-9/13

 

RESOLUTION TO PAY BILLS 

 

RESOLVED, to pay bills as presented to  Town Board

 

 

BILLING

A accounts--------  30,703.20

B.Accounts------       1,046.10 

DA Accounts-------  68,422.18

DB Accounts----- -- 19,247.40

Youth--------------   

Water 2---------

Water 4----------       26,071.25

 

Total Bills---------- 145,490.13

 

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Bentley

Adopted. 4 Ayes; 0 Nays

 

 .

 

Adjournment   7:45 P.M

Whereas there was no further business to be brought before the Board Offered by Councilman Bentley to close the meeting at 7:25 P.M.

Seconded by Councilman Freeman

 

 

Votes, 4 Ayes; 0 Nays

 

 

Brenda B. Donald

Town Clerk

Town of Yates