TOWN OF YATES

REGULAR BOARD MEETING

 

JULY 11, 2013

 

The meeting was called to Order by the Supervisor at 7:00 pm at the Town Hall 8 South Main Street, Lyndonville, NY

 

THOSE OFFICERS PRESENT:  John Belson-Supervisor

                                                      Wes Bradley-Councilman

                                                      Steve Freeman-Councilman

                                                      Bradley Bentley-Councilman

                                                      Dawn Metty-Deputy Clerk

                                                      Roger Wolfe-Highway Superintendent

                                                      Andrew Meier-Town Attorney

 

OTHERS:                                     Larry Wolfe-Resident

 

Privilege of the Floor:

 

There were no comments

 

 

RESOLUTION NO. 65-7/13

 

RESOLUTION TO ACCEPT THE MINUTES OF THE JUNE 13, 2013 MEETING

 

RESOLVED, to accept the minutes of the meeting held June 13, 2013 as presented to each Board Member.

 

Offered by Councilman Bentley

Seconded by Councilman Freeman

Adopted. 4 ayes; 0 nays

 

Andrew Meier-Town Attorney presented the board with a resolution designating the Town Clerk to receive notices of claims served upon the Secretary of State.

 

RESOLUTION NO. 66-7/13

 

RESOLUTION DESIGNATING THE TOWN CLERK TO RECEIVE NOTICES OF CLAIMS SERVED UPON THE SECRETARY OF STATE.

 

            WHEREAS, General Municipal Law, 53 requires the towns to file a certificate with the Secretary of State designating the Secretary of State as an agent for service of a notice of claim: and

            WHEREAS, General Municipal Law, 53 the certificate to include the applicable time limit for filing the notice of claim and the name, post office address and electronic mail address, if available, of an officer, person, for the transmittal of notices of claim served upon the Secretary as the town’s agent; and

 

            WHEREAS, pursuant to General Municipal Law, 50-e(1)(a), the applicable time limit for the filing of a notice of claim upon a town is 90 days after the claim arises, or in the cases of a wrongful death action, 90 days from the appointment of a representative of the decedent’s estate; Now therefore Be it

 

            RESOLVED, that the Town Board of the Town of Yates, County of Orleans designates the Town Clerk of the Town of Yates in their capacity as Town Clerk, to receive notices of claims served upon the Secretary of State by mail at 8 South Main Street, PO Box 484, Lyndonville, New York 14098 and e-mail at bbd@rochester.rr.com.

 

            BE IT FURTHER RESOLVED, that the Town Board hereby directs the Town Clerk to file the required certificate with the Secretary of State informing him or her of the town’s designation and applicable time limitation for filing a notice of claim with the town on or before July 14, 2013.

 

Offered by Councilman Bradley who moved its adoption.

Seconded by Counciman Bentley

 

Adopted. 4 ayes; 0 nays

 

Presentation of Local Law for change in Zoning

 

SECTION 1.  The purpose of this Local Law is to amend the Zoning Local Law of the Town of Yates as hereinafter provided.

 

SECTION 2.  Article V, Section 510, Paragraph D entitled “CONDITIONAL USES REQUIRING A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD (SUBJECT TO SPECIAL PERMIT REGULATIONS, ARTICLE VII),” of the Zoning Local Law of the Town Yates is hereby amended by the addition of the following subparagraph:

 

            20.  Restaurants and Taverns

 

SECTION 3.  Article V, Section 500, Paragraph C entitled “CONDITIONAL USES REQUIRING A SPECIAL PERMIT ISSUED BY THE PLANNING BOARD (SUBJECT TO SPECIAL PERMIT USE REGULATIONS.  ARTICLE VII),” is hereby amended by the addition of the following subparagraph:

 

            13.  Agricultural Distribution and Processing Facilities

 

SECTION 4.  All other provisions of the Zoning Local Law of the Town of Yates shall remain the same.

 

SECTION 5.  

A.)   This Local Law shall take effect immediately upon filing in the office of the Secretary of State.

B.)   If any part of section of this Local Law shall be held to be invalid, the remaining provisions thereof shall not fail but shall remain in full force and effect.

C.)  All local laws, ordinances, rules or regulations, or parts or portions thereof that conflict or are contrary to any provision of this Local Law are hereby repealed.

 

RESOLUTION NO. 67-7/13

 

RESOLUTION TO HOLD PUBLIC HEARING

 

RESOLVED, to hold a public hearing on local law 2 of 2013(amend zoning) on August 8, 2013 at 7:00 pm at the Yates Town Hall 8 South Main Street, Lyndonville, New York

 

Offered by Councilman Bradley, who moved its adoption.

Seconded by Councilman Bentley.

 

Adopted. 4 Ayes; 0 Nays

 

Roger Wolfe-Highway Superintendent, still doing water hookups.

 

Wes Bradley-Councilman, Still on Phase 1of next street lighting.

 

Supervisor John Belson mentioned that he and Councilman Steve Freeman will be attending a Waterfront Development meeting in the Town of Carlton on July 31st. 

 

Supervisor John Belson mentioned that the Chamber of Commerce is hosting an Affordable Care Act Seminar on July 18th and he will be attending that as well. 

 

Supervisor John Belson let the Town Board know that the Legislatures meeting will be held at the 4H Fair and has free parking passes if anyone would like to go.

 

RESOLUTION NO. 68-7/13

 

RESOLUTION TO PAY BILLS UPON AUDIT BY TOWN BOARD

 

RESOLVED, to pay bills upon audit by Town Board

 

Offered by Councilman Bentley

Seconded by Councilman Freeman

BILLING

A accounts-------- 27,345.96

B.Accounts------    1,179.87

DA Accounts-------7,496.38

DB Accounts----- 25,195.83

Youth--------------      233.01

Water 2---------10,281.18

Water 4----------33,676.76

 

Total Bills----------105,408.99

 

Adopted. 4 Ayes; 0 Nays

 

The Town Board and the employees of the Town of Yates would like to express their condolences to the Donald Family.

 

Adjournment   7:15 P.M

 

Moved by Councilman Bentley

Seconded by Councilman Bradley

 

Votes, 4 Ayes; 0 Nays

 

Dawn Metty

Deputy Town Clerk

Town of Yates