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. .
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