TOWN OF YATES
REGULAR BOARD MEETING
June 9, 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
Jerry Rutledge-Councilman
Bradley Bentley, Councilman
Brenda Donald-Town Clerk
Michele Harling-Assessor
David Schubel-Town
Attorney
OTHERS Larry Wolfe-Resident
Lynne Johnson, Legislature
Slawomir Majorowski, Resident
Anna Majorowski, Resident
Paul Lauricella-Resident
Steve Freeman-Resident
Privilege
of the Floor
Slawomir Majorowski
stated that he had received the letter that he requested from the Town
Attorney, but he did not accept it, as an answer to his question. He still would like to know why there is a
discrepancy in the square footage of property for sale thru a realtor and the
records of the Town of Yates. . Real
property records are inadequate. Shelly
didn’t get it and Mr. Schubel didn’t get it. There are gross inaccuracy
in assessment records this could have been done by error, incompetent workers
who are so called professionals or criminal.
There should be a town meeting organized with Monroe County and Albany and they would be
unbiased.
Paul Lauricella asked if the vacancy for MEO has been filled.
Councilman Bentley stated that applications have been reviewed and 4 have been chosen for further consideration. Does not know when this will be done.
Paul Lauricella-is there a part-time person working this summer
Supervisor Belson- Yes he has worked summers for a few years
Steve
Freeman directed a question to Legisture Johnson
asking to have the LakeShore Road checked. He stated
there are many potholes and the road is crumbling. Jerry Rutledge stated the same about the
Lakeshore Road from Marshall to Countyline
Legislature Johnson will check into this.
Majorowski’s asked about garbage pick up and Legislature Johnson will also check into this
RESOLUTION NO. 56-6/11
RESOLUTION TO ACCEPT
THE MINUTES OF THE MAY12, 2011 MEETING
RESOLVED, to accept the minutes of May 12, 2011 meeting as presented to each Board Member.
Offered by Councilman, Bentley,
who moved its adoption. .
RESOLUTION NO.57-6/11
RESOLUTION TO CHANGE THE ESTIMATED EXPENDITURE FOR SNOW AND ICE AGREEMENT AMENDMENT B
WHEREAS, the Town of Yates is under contract with the New York State Department of Transportation to provide snow and ice control on specified State Roads within the Town and,
WHEREAS, the base agreement #D009747 was extended for the 2011/2012 season by Resolution No.59/5/10 dated May 13,2010 setting an estimated total cost for the season at 120,184.88 and
WHEREAS, due to the severity of the winter during 2010/2011,the total cost to perform this service is estimated at $153,246.62
NOW THEREFORE BE IT RESOLVED to authorize the Supervisor of the Town of Yates to execute Amendment to the present Agreement, Said Amendment would increase the estimated cost to perform snow and Ice control for the 2011/2012 season by $33,061.74
Offered by Councilman
Rutledge who moved its adoption
Seconded by Councilman
Bradley
Adopted. 5 ayes; 0nays
RESOLUTION NO.58-6/11
RESOLUTION TO EXTEND STATE
SNOW AND ICE AGREEMENT
WHEREAS, the Town Board of
the Town of Yates on June 9,2011 makes resolution to approve the Snow and Ice
Contract # D009747 between the State of New York and the Town of Yates for snow
and ice control which will expire on June 30,2013 unless further extended The
contract will be for $125,106.29
BE IT RESOLVED, the Supervisor
is hereby authorized to sign this agreement.
Offered by Councilman Bradley
who moved its adoption
Seconded by
Councilman Rutledge.
Adopted 5 ayes;0 nays
RESOLUTION NO.59-6/11
RESOLUTION TO CHANGE WORKSHOP
MEETING
WHEREAS, the Town Board has
discussed the possibility of changing the workshop meeting in the Summer month
from Monday before the regular meetings at 3:30 to the Day of the regular
meeting at 6:00 P.M.
BE IT RESOLVED, that workshop
meetings for the months of
July, August and September will be held at 6:00 P.M. before the
regular meeting.
Offered by Councilman Bentley
who moved its adoption.
Seconded by
Councilman Rutledge.
Adopted. 5 ayes; 0 nays
RESOLUTION NO.60-6/11
A BOND RESOLUTION, DATED June 9, 2011, OF THE TOWN BOARD
OF THE TOWN OF YATES, ORLEANS COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING A
CAPITAL IMPROVEMENTS PROJECT, DESIGNATED AS PHASE 10, WITHIN THE TOWN OF Yates
WATER IMPROVEMENT DISTRICT NO. 4 AT AN ESTIMATED MAXIMUM COST OF $604,983,
WHEREAS, the Town Board of the Town of Yates, Orleans County, New York (the “Town”), has determined to proceed with a certain capital improvements project, designated as Phase 10, (the “Improvements Project”) within the Town of Yates Water Improvement District No. 4 (the “District”); and
WHEREAS, the Town Board desires to undertake a project (the “Project”) consisting of the construction of improvements within District; and
WHEREAS, by Resolutions the Town Board took the following actions with respect to the Project:(a) prepared maps, plans and boundaries for the District and the Project, (b) held public hearings with respect to the Project, (c) determined that the Project would not have a significant effect on the environment under Article 8 of the Environmental Conservation Law, (d) determined that the requirements of Section 202-b of the Town Law had been satisfied with respect to the Project and further determined to undertake the Project and (e) established the District; and
WHEREAS, the Town Board desires to issue obligations of the Town to finance the costs of the Improvements Project.
BE IT RESOLVED, by the Town Board (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:
an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or
The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows:
AYES: Councilman Bentley ,Councilman Rutledge, Supervisor Belson
Councilman Harmer ,Councilman Bradley
NOES:
ABSENT:
The foregoing resolution was thereupon declared duly adopted.
RESOLUTION NO.61-6/11
RESOLUTION ACCEPTING SINGLE AUDIT
WHEREAS, a single audit for the year January 1,2010 thru December 31,2010 has been completed by Amato,Fox and Company PC, be it
RESOLVED, that the Town of Yates accepts the single audit for the Town of Yates as completed.
Offered by Councilman Rutledge who moved its adoption.
Seconded by Councilman Harmer
Adopted. 4 ayes; 1 abstain (Bradley)
RESOLUTION NO.62-6/11
RESOLUTION TO HIRE FOR 2011 SINGLE AUDIT
WHEREAS, Amato Fox and Company PC have agreed to perform a single audit for the Town of Yates for January 1,2011 thru December 31,2011 at the same price as was paid for the audit for 2010
BE IT RESOLVED when Amato Fox and Company PC send a commitment letter the Supervisor is authorized to sign such letter.
Offered by Councilman Bentley who moved its adoption
Seconded by Councilman Rutledge.
Adopted. 5 ayes;0nays
Code Officer- Dan Wolfe- Will
be checking into what can be done about abandoned
property that is not mowed or taken care of.
I have sent certified letters but have heard no response.
Michele Harling-Assessor-
Will be taking classes
June 16 thru June 24 in Batavia
Fall Conference will be in
Buffalo this September.
Councilman Bradley has spoken
with National Grid and the new Street lights should be in by September.
Paul Lauricella
stated he wants to live in the country and did not want the lights shining in
his house.
Lynne Johnson stated there
will be a child safety seat check at the Holley School June 18,2011
Councilman Bentley would like
to remind everyone of the Public Hearing on Court consolidation June 23, 2011
at 7:00 P.M.
Councilman Bradley stated his concern about warnings if a
disaster should strike such as tornado he asked Legislature Johnson if there
was a County wide alert system
Legislature Johnson stated
they use land lines and that there is a web site called NY Alert that will text
cell phones. Legislature Johnson will
ask the County Public Safety Committee about the concerns.
RESOLUTION
NO.63--6//11
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as follows:
A-Account 28,609.95
B-Account $ 2,739.22
DA-Account $ 3,329.78
DB-Account 6,541.35
Water 4 Account 13,955.70
Water 2
TOTAL 55,896.09
Offered by Councilman Rutledgewho moved its adoption
Seconded by Councilman Bradley
Adopted .5 ayes; 0 nays
Motion made by Councilman Bentley whereas there is no further business to be brought before the Board at this time the meeting be adjourned at 7:30 P.M.
Seconded by Councilman Bradley
Adopted 5 ayes; 0 nays1
Brenda B. Donald
Town of Yates
Town Clerk
TOWN OF YATES
PUBLIC HEARING
JUNE 23,2011
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
Jerry Rutledge-Councilman
Bradley Bentley, Councilman
Brenda Donald-Town Clerk
OTHERS Steve Freeman, Resident
Lynne Johnson, Legislature
Luci Welch-Probation
Scott Hess-Sheriff
Joe Cardone-District Attorney
Sandi Church-Public Defender
K. Barry Neal-Town Justice
This Public Hearing is being held in order to be able to reduce Justices in the Town of Yates ,Ridgeway and Shelby.and consolidate the area Justices will work. A copy of the summary as follows:
Justice Court Plan
Towns of Ridgeway.Shelby and Yates
Purpose: Recognizing the need to provide the community with effective and efficient justice at the local court level, the Town Boards of Ridgeway, Shelby and Yates pursuant to the provisions of Section 106(B) of the New York State Uniform Justice Court Act propose adopting a plan for the election of a single town justice from each of their jurisdictions who shall preside in the Town Courts of each such Town. In doing so the number of Town Justices in the Town of Yates shall be reduced from 2 to 1. As with the Town of Ridgeway and Shelby which in 2006 merged their courts, there shall remain a Town Justice from each of these adjacent townships that shall have jurisdiction over all matters from any of these three towns regardless of the jurisdiction from which it was generated.
In adopting this plan the Town Boards are mindful of recent trends to consolidate various levels of government where it can be done in a manner that actually improves the quality of government and yet provides a more effective means of providing services to the community. In creating a system whereby one Town Justice is elected by each Town which Justice shall have jurisdiction to adjudicate legal matters in all three townships, the citizens of these communities will have a greater access to a more efficiently run local court system which also recognizes cost savings. While the cost savings may be modest and the remaining single Town Justice under this system may receive some increase in salary from the level of income under the 2 Judge systems, any anticipated increase is far less than the cost of maintaining both Judges and staff in a single jurisdiction. At the same time the Town Justices and various participants involved in the Justice Courts including the litigants, law enforcement, the Probation Department, and Public and private lawyers will benefit from this more centralized system of jurisprudence.
Plan: Under this plan it is proposed that the number of Town Justices in the Town of Yates be reduced from 2 to 1 and that the current position of Yates Town Justice now being filled by Honorable Barry Neal which seat would otherwise be subject to general election in November 2011, shall be abolished December 31,2011. The remaining position in the Town of Yates (now filled by Honorable Donald Grabowski) the Ridgeway (now filled by the Honorable Lawrence Sanderson) and the Town of Shelby (now filled by Honorable Dawn Keppler) shall continue in their current positions until the completion of their elected terms. In succeeding elections for the position of Town Justice in each of said Townships one Town Justice shall be elected from each Town to serve a 4 year term and the elected Town Justice from each Jurisdiction elected only by the citizens of the respective Townships shall have jurisdiction over all pending matters in the Towns of Ridgeway, Shelby and Yates. In order to immediately effectuate this plan the currently elected Town Justice effective January 1,2012 shall have similar jurisdiction. Each of the three elected Town Justices as a result of this plan shall have the authority to preside over proceeding from any of the 3 jurisdictions by physically appearing in any of the three courts. Any civil or criminal proceeding arising from any of the 3 jurisdictions maybe heard in any of the 3 courts without the need of the presiding Town Justices physically appearing in the Town Court building in the Town where the legal matter originated. The Town Boards of each jurisdiction shall determine whether they want to maintain separate court facilities in their respective jurisdictions or whether they want to enter into an agreement to share court facilities with either or both of the other 2 jurisdictions. The number of staff, their respective salaries and court budget of each of the 3 Town Justices shall continue to be determined solely by the Town Boards of each Township. Each Town Justice elected to preside in these multiple Towns pursuant to this plan shall have jurisdiction in each participating adjacent Town shall preside in the Town courts of such Town, shall maintain separate records and dockets for each Town court and shall maintain a separate bank account for each Town Court for the deposit of money received by each Town Court. In the event that any Town Court operated pursuant to this plan is without the services of the single Town Justice because of absence or disability, the provisions of Section 106 of the Uniform Justice Court Act and the Town law shall apply.
Councilman Bentley asked if down the road the County would close the Town Court.
Joseph Cardone stated that it would be a Town Board decision
Councilman Bradley asked if the section that states 2 or more adjacent Towns would be a problem.
Joseph Cardone- the statement does not mean the Towns boundaries have to touch.
Councilman Bradley- Would Justice Grabowski need to run at election.
Joseph Cardone- This is being done at this time so Justices would not have to run in a middle of a term.
If the Towns agrees and the County makes a resolution then it will be sent to the State for approval.
Motion by Councilman Bradley whereas there is no further discussion the meeting be adjourned at 7:35 P.M.
Seconded by Councilman Bentley.
Adopted. 5 ayes; 0 nays
Brenda B. Donald
Town Clerk
Town of Yates