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.  .

Seconded by Councilman Rutledge

  

 Adopted.   5 ayes; 0 nays

 

 

 

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, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $604,983, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, SAID AMOUNT TO BE OFFSET BY ANY federal, state, county and/or local FUNDS RECEIVED BY THE TOWN, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.

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:

Section 1-The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is a certain capital improvements project, consisting of the construction and installation of approximately 12,450 linear feet of 8-inch water main PVC pipe, interconnections, crossings, hydrants, and services; all of the foregoing to include land or rights in land, original equipment, machinery, furnishings, valves, fittings, connections, fill, appurtenances and related site work and other ancillary work along portions of Goodwin Road and Ward Road; and approximately 1,200 linear feet of 6-inch PVC water main, valves, hydrants, and appurtenances along Woodworth Road in the Town, and all of the forgoing to include all necessary site work, equipment, apparatus and other improvements and any preliminary costs and costs incidental thereto.  The estimated maximum cost of said purpose is $604,983.

 

Section 2-The Town Board plans to finance the estimated maximum cost of said purpose by the issuance of serial bonds in an amount not to exceed $604,983 of said Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any additional federal, state, county and/or local funds including, but not limited to, approximately $453,737 grant funds from the USDA Rural Development.  The cost of such improvements is to be paid by the issuance of serial bonds, and by the assessment, levy and collection of assessments from the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on such bonds as the same become due and payable, except as provided by law.

 

Section 3-It is hereby determined that said purpose is an object or purpose described in subdivision 1 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is 40 years.

 

Section 4-Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

 

Section 5-It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years.

 

Section 6-The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds (and any bond anticipation notes issued in anticipation of the sale of such bonds) as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds or notes becoming due and payable in such year.  Unless paid from other sources, there shall be the assessment, levy and collection of special assessments from the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on such bonds or notes as the same become due and payable, except as provided by law.

Section 7-Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.

 

Section 8-The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution.  The Town then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds).  This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.

 

Section 9-The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

 

Section 10-The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

 

Section 11-The Town has complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (“SEQRA”), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under the State Environmental Quality Review Act is necessary.

 

Section 12-The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

               

(1)     (a)-Such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

(b) if the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and

an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or

 

(2)       Said obligations are authorized in violation of the provisions of the Constitution of New York.

Section 13-The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town for such publication.

 

Section 14-This Resolution is effective immediately.

 

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                                               

 Youth                                               720.00

 

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