Regular Board Meeting

November 12,2009

 

 

 The Public Hearing meeting  was called to Order by the  Deputy Supervisor at 7:00 P.M. at the Town Hall 8 South Main Street, Lyndonville NY

 

THOSE OFFICERS PRESENT: Russell Martino- Supervisor

                                           Jerry Rutledge-Councilman

                                           Rick Harmer-Councilman

                                           Bradley Bentley-Councilman

John Belson,Councilman

Roger W. Wolfe –Highway Water                      Superintendent

                                           Brenda Donald- Town Clerk

                                           

                                           Michele Harling-Assessor

                                           Dan Wolfe-Code & Zoning

    

OTHERS                            Lynne Johnson-Legislature

    Larry Wolfe-Resident

                                             John Hevron- Resident

                                          William Jurinich- Resident

RESOLUTION NO.93-11/09

 

RESOLUTION TO CLOSE PUBLIC HEARING

 

WHEREAS, the Supervisor explained the budget and all persons requesting to be heard were allowed to be heard,

 

BE IT RESOLVED, the public Hearing on the Budget be closed at 7:10 P.M.

 

Offered by Councilman Belson who moved its adoption

Seconded by Councilman Bentley

 

Adopted. 5 ayes; 0 nays

 

 

Open regular meeting at 7:12 P.M.

 

RESOLUTION NO.94-11/09

 

RESOLUTION TO ADOPT PRELIMINARY BUDGET AS THE TOWN OF YATES BUDGET FOR 2010

 

WHEREAS, a public hearing was held on November 12,2009 at the Town Hall, Lyndonville NY and as persons requesting to be heard where heard, be it

 

RESOLVED, the Town of Yates hereby adopts the 2010 Preliminary Budget as the official Budget for the fiscal year January 1, 2010 thru December 31,2010 .

 

Offered by Councilman Bentley who moved its adoption.

Seconded by Councilman Harmer.

 

Adopted. 5 ayes; 0 nays

 

RESOLUTION NO.95-11/09

 

RESOLUTION TO ACCEPT THE MINUTES OF October 8,2009     

 

RESOLVED, to accept the minutes of October 8,2009 as presented to each Board Member.

 

Offered by Councilman Belson ,who moved its adoption

Seconded by Councilman Harmer. 

  

 Adopted.   5 ayes; 0 nays

 

 

RESOLUTION NO.96-11/09

 

RENEWAL OF ASSESSMENT AGREEMENT

 

WHEREAS. The agreement between the Town of Yates and the Town of Shelby for assessing was to be renewed, be it

 

RESOLVED , the Town Board authorizes the Supervisor to sign this agreement as follows:

 CORRDINATED ASSESSMENT AGREEMENT

 

 

THIS AGREEMENT is dated as of the 1st day of January 2008, by and between the Town of Shelby, County of Orleans, party of the first part, a municipal corporation as defined by Section 119-n of the General Municipal Law, and the Town of Yates, County of Orleans, party of the second part, a municipal corporation as defined by said statue.

 

            WHEREAS, these two Towns are empowered to enter into a municipal cooperative agreement to appoint one assessor to hold office in both the Town of Shelby and the Town of Yates pursuant to Section 576 and 579 of the Real Property Tax Law and Article 5-G of the General Municipal Law; and

 

            WHEREAS, these two Towns entered into a Coordinated Assessment Agreement made the 1st day of January, 1998, having a term of five (5) years, which agreement was subsequently renewed, and

 

            WHEREAS, these two Towns are desirous of renewing the Coordinated Assessment Agreement for an additional term of five (5) years as provided herein, and

 

            WHEREAS, the terms and conditions of this renewal agreement have been approved by a majority vote of the Town Board of each Town; and

 

            WHEREAS, the intention of the parties is to continue a coordinated assessment program pursuant to Section 579 of the Real Property Tax Law, whereby one assessor will provide assessment services for all towns in the coordinated assessment program and the assessor will assess all property in the program at a uniform percentage of full value;

 

THE PARTIES HERETO AGREE AS FOLOWS:

 

1.      The Town of Shelby and the Town of Yates, of the County of Orleans, acknowledge and agree that they have appointed Michele L. Harling as the assessor for both Towns by a majority vote of each of the Town Boards prior to the effective date of this agreement.  The person appointed as assessor must satisfy the minimum qualification standards for real property assessors established by the State Board of real Property Services.

 

2.      The assessor shall be responsible for assessing all parcels of real property located in the Town of Shelby and the Town of Yates for the purposes of taxation and special ad valorem levies for town, county, special districts, school district and, if applicable, village purposes.  The assessor shall also perform for the Town of Shelby and the Town of Yates all other duties as required for assessors by the Real Property Tax Law and the rules of the State Board of Real Property Services.  All real property shall be assessed at the same uniform percentage of market value in all of the assessing units participating in the agreement throughout the term of the agreement.  Such percentage of market value shall be annually printed on the tentative assessment rolls for the participating assessing units.

 

3.      The dates applicable to the assessment process in each participating assessing unit, including taxable status date, and the dates for the filing of the tentative and the final assessment rolls, shall be the same for each assessing unit participating in this coordinated assessment program.

 

4.      The assessor shall for all purposes be deemed an employee of the Town of Shelby.  The Town of Shelby shall pay the assessor’s salary and make employer’s contributions for retirement, social security, health insurance, worker’s compensation and other similar benefits.  The Town of Yates agrees to share all the costs incurred by the Town of Shelby as employer, including but not limited to the assessor’s salary, the employee benefits provided by the Town of Shelby as employer, on a pro rata basis of the number of parcels contained within each town.

 

5.      The Town of Yates shall pay its share of the assessor’s salary and the budget in quarterly installments, one-quarter by January 15, one-quarter by March 15, one quarter by July 15 and one-quarter by October 15 of each year.  The payments shall be paid to the Chief Fiscal Officer of the Town of Shelby.

 

6.      The Chief Fiscal Officer of the Town of Shelby shall determine, at the end of every fiscal year, each party’s share of all costs and expenses incurred under this agreement, on a pro rata basis of the number of parcels contained within each town.  If either party has paid more than its share for the fiscal year, such amount of overpayment shall be credited to its next year’s payment. 

 

7.      In cases where the assessing units are not in agreement concerning the number of parcels contained in each town, the municipalities shall request the County Director of Real Property Tax Services, for purposes of this agreement, to annually determine the number of parcels contained within each town.

 

8.      The terms and provisions of this agreement, including the assessor’s salary and the budget for the operating costs of the assessor’s office, shall be reviewed annually in September by the Town Boards of the Town of Shelby and the Town of Yates individually during the term of this agreement.  If either body desires to make any amendments and modifications to the terms and provisions of this agreement, a joint session of the Town Boards shall be held on the third Monday in October to discuss the proposed amendments and modifications.  The minutes of such joint session shall become part of this agreement.

 

9.      This agreement shall be amended, modified or terminated only upon approval by a majority vote of the Town Board of each Town in the manner provided by law.

 

10.  Upon failure of the Town Boards of the Towns of Shelby and Yates to settle disputes or disagreement arising between themselves as to the provisions of this agreement, including the failure of one of the parties to pay its share of the costs and expenses incurred under this agreement within six (6) months of the date said payment is due, or the performance of the assessor, such disputes or disagreement shall be submitted to binding arbitration by three (3) disinterested individuals, one to be selected by the Town Board of the Town of Shelby, one to be selected by the Town Board of Yates, and the third to be selected by the first two chosen.  The arbitration process shall be conducted pursuant to the Civil Practice Law and Rules of the State of New York concerning arbitration.

 

11.  In the event that the appointed assessor shall resign or otherwise be unable to remain in office, the parties agree that a single individual shall be appointed in all participating assessing units within sixty (60) days of such resignation or removal.

 

12.  This agreement shall take effect as of January 1, 2008, and shall remain in effect for a period of five years, subject to the provisions of paragraph 13 of this agreement.  On or before the end of that five-year period, the parties may renew this agreement for an additional five years, subject to the provisions of paragraph 13 of this agreement.  On or before the end of that five-year renewal period, and on or before the end of each subsequent five-year renewal period, the parties may renew this agreement for an additional five years, subject to the provisions of paragraph 13 of this agreement.

 

13.  A Town may withdraw for the Coordinated Assessment Program established by this agreement if its Town Board adopts a local law so providing at least one year before the withdrawal is to be effective.  In the event that State aid pursuant to RPTL, 1573(3) has been received, such town agrees to indemnify and hold the other town(s) harmless for any losses of State aid sustained due to its withdrawal.

 

Offered by Councilman Harmer who moved its adoption.

Seconded by Councilman Bentley

 

Adopted. 5 ayes; 0 nays

 

RESOLUTION NO.97-11/09

 

RESOLUTION TO UPDATE PHONE SYSTEM

 

WHEREAS, the town hall phone system was checked recently and found to be outdated, and it will be harder and harder to get parts, be it

 

RESOLVED, to update the phone system in the Town Hall the cost will be $4,151.00

 

Offered by Councilman Rutledge, who moved its adoption.

Seconded by Councilman Belson

Adopted. 5 ayes; 0 nays

 

Report of Officers

 

 Code and Zoning  8 new homes in the Town of Yates

Working on update for camping units for the Town of Yates

 

Assessor- working on updates

 

Highway- finishing Hall Road, cemetery foundations complete, 6 water hookups, doing spot ditching and working on equipment

 

The Town of Yates received a letter from Ridgeway Supervisor asking for support for a request to have the state open more canal bridges and stop the restriction of weight loads on the canal bridges.

 

RESOLUTION NO. 98-11/09

 

RESOLUTION TO SUPPORT THE TOWN OF RIDGEWAY IN THEIR EFFORT TO STOP WEIGHT LOAD RESTRICTION ON CANAL BRIDGES.

 

WHEREAS. The Town of Yates received a letter from the Supervisor of the Town of Ridgeway, asking for support in the matter of the limited access of canal bridges in New York State .and

 

WHEREAS, there are Town of Yates farmers that need to move their machinery, and these farmers are having to go out of their way to reach their farms in different areas, because of the canal bridges being closed or having restricted weight limits, be it

 

RESOLVED, The Town of Yates does support the Town of Ridgeway and will send a copy of this resolution to Senator Maziarz

.

Offered by Councilman Bentley who moved its adoption.

Seconded by Councilman Harmer.

 

Adopted. 5 ayes; 0 nays

 

RESOLUTION NO. 99-11/09

 

 

RESOLUTION TO PAY VOUCHERS

 

WHEREAS, all vouchers have been reviewed and approved by the Town Board

 

BE IT RESOLVED to pay vouchers as follows:

 

A-Account-        25,099.32

B-Account-             725.84

DA Account       16,129.23

DB Account         9,173.27

Water 4              26,142.10

Water 2              12,972.82

911                       4,151.00

                

TOTAL           94,393.58

 

Offered by Councilman Routledge who moved its adoption

Seconded by  Councilman  Belson

 

Adopted. 5 ayes; 0 nays

 

 

Moved by Councilman Belson ,whereas there is no further business to be brought before the Board at this time, the meeting be closed at 7:30 P.M. Seconded by Councilman Bentley

    

Adopted. 5 ayes; 0 nays    

 

 

Brenda B. Donald

 

 

 

Town Clerk

Town of Yates