TOWN OF YATES

  REGULAR BOARD MEETING

 

November 10, 2011

 

 

The Meeting 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

                                                      Rick Harmer-Councilman

                                                      Wes Bradley-Councilman

                                                      Bradley Bentley-Councilman

                                                      Jerry Rutledge-Councilman

                                                      Brenda Donald-Town Clerk

                                                      

 

      David Schubel-Town Attorney

     

OTHERS                                      Larry Wolfe-Resident

                                                      Al & Bev Lofthouse

                                                      Mr & Mrs. Majorowski-Residents           

                                                      Jim Krencik- Journal Register

                                                      Paul Lauricella-Resident

                                                      Don Lamay-Resident

 

PRIVILEGE OF THE FLOOR

 

Mr. Majorowski-Cuomo says to keep your eye on your Township.   I am against the 2% override Local law, Would like a meeting with the Town and Hawley and Maziarz

 

Lauricella- most people are against the Local Law you are doing it against the peoples wishes

 

Supervisor Belson- there are no rules or regulations from the Senate

 

Councilman Bradley-  our spending is down 11,039 The Local Law is an insurance

 

 

RESOLUTION NO. 84-11/11

                            

RESOLUTION TO ACCEPT THE MINUTES OF THE OCTOBER 13 ,2011 AND NOVEMBER 3, 2011MEETING

 

RESOLVED, to accept the minutes of  October 13,2011 and November 3,2011 as presented to each Board Member.

 

Offered by Councilman, Bentley, who moved its adoption.  .

Seconded by Councilman Rutledge

  

 Adopted.   5 ayes; 0 nays

 

RESOLUTION NO.85-11/11

 

RESOLUTION ON SPECIAL DISTRICT

 

WHEREAS, in order to meet contractual obligations, bond payments, increase facilities and fund cost of increasing commodities etc. and

 

WHEREAS, this resolution is adopted pursuant to subdivision 5 of General Municipal Law 3-c which expressly authorizes the town Board to override the tax levy limit by the adoption of a resolution approved by vote of sixty percent (60%) of the Town Board, therefore, be it

 

RESOLVED, that the Town Board of the Town of Yates, County of Orleans is hereby authorized to adopt a budget for the fiscal year 2012 on behalf of Water Districts No.-4 and Yates Fire District that requires a real property tax levy in excess of the amount otherewise proscribed in General Municipal Law, 3-c

 

Offered by Councilman Rutledge, who moved its adoption

Seconded by Councilman Bradley

 

Adopted. 5 ayes; 0 nays

 

RESOLUTION NO.86-11/11

 

ADOPTING LOCAL LAW NO.1 of 2011 (OVERRIDING THE TAX LEVY ESTABLISHED IN GENERAL MUNICIPAL LAW 3-C)

 

WHEREAS, a public hearing was held on November 3, 2011 and all persons requesting to be heard were allowed to be heard.

 

BE IT RESOLVED, the Town Board of the Town of Yates hereby accepts local law No.1 of 2011 as follows.

 

 Local Law Filing                                                               New York State Department of State

                                                                                          99 Washington Avenue, Albany, NY 12231

                                    (Use this form to file a local law with the Secretary of State.)

 

Text of law should be given as amended.  Do not include matter being eliminated and do not use italics or underlining to indicate new matter.

 

                        County

                        City                 of       Yates, Orleans County, New York

                        Town

                        Village

 

                                                Local Law No.            ­­­­­   1                 of the year 2011.

 

A local law  to override the tax levy limit established in General Municipal Law 3-c        

                                                                              (Insert Title)                                                                           

 

Be it enacted by the                                           Town Board                                          of the                                                                            (Name of Legislative Body)

 

                        County

                        City     of                Yates, Orleans County, New York            as follows:

                        Town

                       Village

 

 

Section 1.        Legislative Intent

 

It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Yates pursuant to General Municipal Law §3-c, and to allow the Town of Yates to adopt a budget for the fiscal year 2012 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c, and to allow the Town of Yates to adopt a budget for the fiscal year 2012 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c. 

 

Section 2.        Authority

 

This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the town board to override the tax levy limit by the adoption of a local law approved by vote of sixty percent (60%) of the town board.

 

Section 3.        Tax Levy Limit Override

 

The Town Board of the Town of Yates, County of Orleans, is hereby authorized to adopt a budget for the fiscal year 2012 that requires a real property tax levy in excess of the amount otherwise proscribed in General Municipal Law, §3-c.

 

Section 4.        Severability

 

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in it separation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

 

Section 5.        Effective Date

 

This local law shall take effect immediately upon filing with the Secretary of State

 

Offered by Councilman Rutledge who moved its adoption

Seconded by Councilman Bradley.

 

Adopted. 5 ayes; 0 nays

 

 

RESOLUTION NO.87-11/11

 

RESOLUTION TO ACCEPT THE PRELIMINARY BUDGET FOR FISCAL YEAR JANUARY 1,2012 THRU DECEMBER 31,2012 AS THE FINAL BUDGET FOR 2012

 

 

WHEREAS, a public hearing was held on November 3, 2011 and all persons requesting to be heard were heard, be it

 

RESOLVED, that the preliminary budget for the Town of Yates for 2012 be adopted as the final budget for the year 2012

 

BE IT FURTHER RESOLVED, that a copy of such budget shall be attached to these minutes.

 

Offered by Councilman Bradley who moved its adoption.

Seconded by Councilman Bentley

 

Adopted. 5 ayes; 0 nays

 

RESOLUTION NO.88-11/11

 

RESOLUTION TO RE-APPOINT JEFFERY JOHNSON TO THE ASSESSMENT REVIEW BOARD

 

WHEREAS Jeffery Johnsons term for the assessment review board ended in September 2011, be it

 

RESOLVED, that Jeffery Johnson be re-appointed to the assessment review board commencing on October 1, 2011 and ending on September 30, 2016

 

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Bradley

 

Adopted. 5 ayes;0nays

 

Paul Lauricella-  Is that a conflict of interest, seeing Jeff is a Town of Yates vendor?

 

Dave Schubel- will check into this

 

 

It has come to our attention that a intermunicipal agreement with ridgeway had the wrong wording.

 

RESOLUTION NO.89-11/11

 

RESOLUTION  AUTHORIZING SUPERVISOR TO REVISE AN INTERMUNICIPAL AGREEMENT WITH THE TOWN OF RIDGEWAY

 

WHEREAS, the Yates Town Board, adopted Resolution no.41-4/11 at its regular meeting held on April 14,2011, and

 

WHEREAS, pursuant to said Resolution, the Supervisor executed the Intermunicipal Agreement between Yates and Ridgeway on behalf of the Town of Yates on April 14,2011, and

 

WHEREAS, a recital clause in the Agreement incorrectly references a “Town-wide” water district which runs along South Townline Road in the Town of Ridgeway when in fact the Ridgeway water district is not “Town-wide, and

 

WHEREAS, the Towns of Ridgeway and Yates wish to revise the said Agreement by the deletion of the phrase “Town-Wide” in the recital clause, NOW THEREFORE, BE IT

 

RESOLVED , the Intermunicipal  Agreement between the Towns of Ridgeway and Yates be revised by the deletion of the phrase “Town-Wide” when referencing the water district in the recital clause, and be it further

 

RESOLVED, that the Supervisor is hereby authorized to initial and date the deletion.

 

Offered by Councilman  Bentley, who moved its adoption

Seconded by Councilman Harmer

 

Adopted. 5 ayes;0 nays

 

 

RESOLUTION NO.90-11//11

 

RESOLUTION TO PAY BILLS

 

WHEREAS, bills have been reviewed by the Town Board, be it

 

RESOLVED to pay bills as follows:

 

A-Account                                   34,190.59

B-Account                              $        739.22

DA-Account                           $   14,284.49

DB-Account                                   4,791.35

Water 4 Account                           3,696.35

 

TOTAL                                        57,702.00

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Rutledge

 

Adopted .5 ayes; 0 nays 

 

Motion made 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 Rutledge

Adopted  5 ayes 0 nays

 

 

Brenda B. Donald

Town of Yates

Town Clerk