TOWN OF YATES BOARD MEETING 

 

October 9,2008

 

The  meeting was called to order by the Supervisor at 7:00 P.M.,at The Town of Yates Town Hall 8 South Main Street, Lyndonville, NY 14098

 

THOSE OFFICERS PRESENT:  Russell Martino- Supervisor

                                                  Jerry Rutledge- Councilman

                                                  John Belson- Councilman

                                                    Bradley Bentley,Councilman

                                                  Rick Harmer,Councilman

            Michele Harling-Assessor

                                                  Brenda Donald- Town Clerk

                                                     David Schubel- Attorney

                                                                                                  

OTHERS:         Larry Wolfe-Resident

                         Lynne Johnson-Legislature

                       John Zimmerman-Property Owner

                       Christine Zimmerman-Property Owner

              Tom and Mary Robinson-Property Owners

    Joanne Zimmerman-Property Owner

    Phil Zimmerman-Property Owner

 

Privledge of The floor.

 

No request

 

RESOLUTION NO.95-10/08

 

RESOLUTION TO ACCEPT MINUTES

 

RESOLVED, to accept the minutes of the September 11,2008 Board Meeting as presented to the Board.

 

Offered by Councilman Rutledge, who moved its adoption

Seconded by Councilman Bentley

Adopted. 5;ayes; 0 nays

 

 

RESOLUTION NO. 96-10/08

 

RESOLUTION TO APPOINT PART-TIME LABORERS

 

WHEREAS, help is needed and the position was advertised for part-time laborers, be it

RESOLVED, that Ronald Phillips, Roosevelt Highway, Lyndonville NY and John Heveron Sharping Lane, Lyndonville NY  are appointed as part-time laborers at $9.00 per hour

 

Offered by Councilman Belson, who moved its adoption

Seconded by Councilman Rutledge

 

Adopted. 5 ayes;  0 ayes.

 

 

 

RESOLUTION NO. 97-10/08

 

RESOLUTION TO APPOINT NEW DEPUTY CLERK

 

WHEREAS, Jennifer Draper resigned, be it

 

RESOLVED, that Wendy L. Thering Lakeshore Road, Lyndonville NY is appointed Deputy Clerk at a rate of $9.25 per hour.

 

Offered by Councilman Rutledge, who moved its adoption.

Seconded by Councilman Harmer.

 

Adopted. 5 ayes; 0 nays

 

RESOLUTION NO.98-10/08

 

RESOLUTION STATING TOWN BOARDS AGREEMENT ON CONSTRUCTION OF PHASE 9

 

WHEREAS, Water District Phase 9 has been installed be it

 

RESOLVED, the Town of Yates is in agreement with the way the watermain was placed in the ground.

 

Offered by Councilman Belson who moved its adoption

Seconded by Rutledge

 

Adopted 5 ayes; 0 nays.

 

 

RESOLUTION NO.99-10/08

 

RESOLUTION TO SET PUBLIC HEARING ON COLD WAR VETERANS EXEMPTION

 

WHEREAS, a local law has been presented as follows:

 

A Local Law Enacting a Real Property Tax Exemption for Cold War Veterans

 

SECTION 1.         LEGISLATIVE INTENT

 

          It is the intent of the within Local Law to adopt a Local Law to provide a qualified owner an exemption for qualifying residential real property from taxation to the extent of ten percent of the assessed value of such property which exemption shall not exceed six thousand dollars and in addition to provide a disability exemption to the multiple of fifty percent of the disability rating not to exceed thirty thousand dollars, all as set forth in Real Property Tax Law Section 458-b.

 

SECTION 2.         COLD WAR VETERANS EXEMPTION

 

(a)      As is authorized by Real Property Tax Law Section 458-b, the Town of Yates does hereby provide that qualifying residential real property shall be exempt from taxation to the extent of ten percent of the assessed value of such property; provided however that such exemption shall not exceed six thousand dollars or the product of six thousand dollars multiplied by the latest state equalization rate of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.

 

(b)     In addition, as is authorized by Real Property Tax Law Section 458-b, to the exemption provided by paragraph (a) of this subdivision, where the Cold War veteran received a compensation rating from the United States Veterans Affairs or from the United States Department of Defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed thirty thousand dollars, or the product of thirty thousand dollars multiplied by the latest state equalization rate for the assessing unit, or, in the case of a special assessing unit, the latest class ration, whichever is less.

 

SECTION 3.         EFFECTIVE DATE

 

          The within Local Law shall be effective immediately upon passage subject to Real Property Tax Law Section 458-b and proper filing with the Office of the Secretary of State. 

 

BE IT RESOLVED; a public Hearing will be held at 7:00 p.m. on November 13,2008

 

Offered by Councilman Bentley who moved its adoption.

Seconded by Councilman Rutledge

Adopted. 5 ayes; 0 nays


RESOLUTION  NO. 100-10/08

 

SPECIAL TOWN BOARD MEETING

 

RESOLVED, to have a special meeting on  Tuesday October 21,2008 at 2:00 P.M to review the 2009 proposed budget.

 

Offered by Councilman  Bentley who moved its adoption

Seconded by Councilman Belson

 

Adopted. 5 ayes; 0 nays

 

 

RESOLUTION NO.101-10/08

 

RESOLUTION TO APPLY A $100.00 FEE TO UNPAID WATER THAT HAS BEEN PLACED ON PROPERTY TAXES

 

WHEREAS, unpaid water bills that have been placed on the property tax bill are not received  until after January and

 

WHEREAS this requires extra book work, be it

 

RESOLVED, that any unpaid water bill placed on the tax roll for none payment will be assessed a $100.00 fee.

 

Offered by Councilman Harmer, who moved its adoption.

Seconded by Councilman Belson

 

Adopted. 5 ayes; 0 nays

 

RESOLUTION NO. 102-10/08

 

RESOLUTION TO ACCEPT MOWING CONTRACT

 

WHEREAS, Leland Boyce has notified the Town of Yates that he would like the mowing contract for 2009 at a price of $15,000.00 be it

 

RESOLVED, the Town of Yates hereby accepts this price of mowing for the 2009 year.

 

BE IT FURTHER RESOLVED, a contract will be drawn up and signed by the Supervisor and Leland Boyce.

 

Offered by Councilman  Rutledge, who moved its adoption

Seconded by Councilman Harmer

Adopted. 5 ayes; 0 nays

REPORT OF TOWN OFFICERS

 

Assessor- all unpaid water bills that are to be placed on taxes must be turned in by November 15,2008.

 

I have completed the fall conference and my training should be fine until 2010.

 

Bradley Bentley asked if the increase in assessment , Shelly stated that this is due to new construction in the Town.

 

Councilman Belson- summer program went well 110-115 participants.

 

David Schubel Town Attorney-  Wrote letter to  Gary Bartikofsky to explain that a referendum can not be held to vote on the issue of a leach law for the Town of Yates. 

Copy of letter attached to these minutes.

 

Legislature Lynn Johnson-reported that the state funding to the County is being cut and this will probably have a trickle down effect to all Towns and Villages.

 

RESOLUTION NO.103-10/08

 

RESOLUTION TO PAY BILLS

 

 

WHEREAS, all vouchers have been audited by the Town Board be it

 

RESOLVED, to pay bills as follows:

A-Account        47,041.53

B-Account--           872.20

DA- Account-      9,664.73

      DB- Account-  123,125.70

     Water 4                 1,738.78

     Water 2            

     Phase 8                21,415.02

     Phase 9              106,134.88

      Youth                   3,356.61

TOTAL                  313,349.45

 

BE IT FURTHER RESOLVED, that an additional $6,000.00 be added to the A- account for Emergent Energy  and an additional amount be added to youth account for $490.00 making the total  319,839.45.

 

Offered by Councilman Rutledge, who moved its adoption

Seconded by Councilman Belson.

 

 

Motion by Councilman Bentley, 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 Harmer

 

Vote: 5 ayes;0 nays 

 

 

 

Brenda B. Donald,

Town Clerk

Town of Yates