TOWN OF YATES

  REGULAR BOARD MEETING

 

JULY 14, 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

      Andrew Meir-Town Attorney

    

OTHERS                                      Larry Wolfe-Resident

                                                      Lynne Johnson, Legislature

                                                      Russell Martino, Resident

                                                      Jim. Tuk, Resident

                                                      Paul Lauricella-Resident

                                                      Steve Freeman-Resident  

 

Moment of silence in honor of Sgt Trevor Cook

 

Privilege of the Floor:

 

Paul Lauricella- with the state of the economy the way it is. Why did the Town waste money on street lights. The landscape is being altered that has been the same for 150 years

 

Councilman Rutledge stated that it was done for safety reasons

 

Councilman Bentley stated that some of the lights will be shielded and the light will be directed straight down.

 

Jim Tuk- asked about assessment

 

Assessor Shelly Harling stated there is an update every 3 years based on a 3 year market

 

Russell Martino- I have talked with Donnie Grabowski and there is no need for 2 justices.  I just wanted to say I support the Towns Plan.

 

 

 

RESOLUTION NO. 64-7/11

 

RESOLUTION TO ACCEPT THE MINUTES OF THE JUNE 9 AND JUNE 23, 2011 MEETING

 

RESOLVED, to accept the minutes of  June 9,, 2011 meeting and the June 23 Public Hearing   as presented to each Board Member.

 

Offered by Councilman, Rutledge, who moved its adoption.  .

Seconded by Councilman Bentley

  

 Adopted.   5 ayes; 0 nays

 

RESOLUTION NO.65-7/11

 

RESOLUTION APPROVING JOINT PLAN

 

 

            WHEREAS, pursuant to section 106-b of the Uniform Justice Court Act, the Towns of Ridgeway, Shelby and Yates undertook a study relating to the election of a single justice to preside in the town courts of two or more adjacent towns, and

 

            WHEREAS, due notice was published in the official newspaper of the Town of Yates that the study had been concluded and that a public hearing would be held on June 23, 2011 at 7:00 p.m. at the Yates Town Hall and

 

            WHEREAS, a public hearing was held by the Town of Yates on said date and time to consider the study and the proposed Joint Plan of the Towns, and

 

            WHEREAS, the Town of Yates has determined that it will participate in the Joint Plan providing for the election of a single town justice to preside in the town courts of two or more adjacent towns as more particularly set forth in the Joint Plan, now, therefore be it

 

            RESOLVED, that the Town of Yates hereby adopts the Joint Plan of the Towns of Shelby, Ridgeway and Yates pursuant to the provisions of subdivision 4 of section 106-b of the Uniform Justice Court Act of the State of New York. 

 

Offered by Councilman Rutledge who moved its adoption

Seconded by Councilman Bradley

 

Adopted 4 ayes; 1 nay (Bentley)

 

RESOLUTION NO.66-7/11

 

 

JOINT RESOLUTION OF THE TOWNS OF SHELBY, RIDGEWAY

AND YATES ADOPTED PURSUANT TO SUBDIVISION 5 OF

SECTION 106-b OF THE UNIFORM JUSTICE COURT ACT OF

THE STATE OF NEW YORK

 

 

            Pursuant to subdivision 5 of section 106-b of the Uniform Justice Court Act of the State of New York, be it jointly resolved by the Town Boards of the Towns of Shelby, Ridgeway and Yates as follows:

 

            (1)        The number of Town Justices in the Town of Yates be reduced from two to one and that the current position of Yates Town Justice now being filled by the Honorable Barry Neal which seat would otherwise be subject to general election in November 2011 shall be abolished as of December 31, 2011.  The remaining positions in the Town of Yates (now filled by the Honorable Donald Grabowski), the Town of Ridgeway (now filled by the Honorable Lawrence Sanderson) of the Town of Shelby (now filled by the Honorable Dawn Keppler) shall continue in their current position 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 four 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.  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 proceedings from any of the three jurisdictions by physically appearing in any of the three courts.  Any civil or criminal proceeding arising from any of the three jurisdictions may be heard in any of the three courts without the need of the presiding Town Justices physically appearing in the Town Court building in the Town were 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 two jurisdictions.  The number of staff, their respective salaries and the court budget of each of the three 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 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 joint resolution 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.

 

            (2)        Upon adoption of this Joint Resolution by the Towns of Ridgeway, Shelby and Yates, this Joint Resolution shall be forwarded to Senator George Maziarz and Assemblyman Steve Hawley for introduction to the New York State Legislature, and shall constitute a municipal home rule message pursuant to Article Nine of the New York State Constitution and the Municipal Home Rule Law.

 

(1)   This Joint Resolution shall not take effect until State legislation enacting this Joint Resolution shall have become law. 

 

Offered by Councilman Rutledge who moved its adoption

Seconded by Councilman Bradley

 

Adopted. 4 ayes 1 nay (Bentley)

 

RESOLUTION NO.67-7/11

 

RESOLUTION TO TRANSFER FUNDS  FROM UNDESIGNATED FUND BALANCES TO DESIGNATED FUND BALANCE

 

WHEREAS, the 2010 single audit has been completed be it

 

RESOLVED transfers shall be authorized as follows:

Debit 0909DA Fund Balance Undesignated $100,000

Credit 0911DA Fund Balance Designated for Machinery & Equipment  $100,000

 

Debit 0909sw4 Fund Balance Undesignated $100,000

Credit 0911sw4 Fund Balance Designated for Repairs & Upgrades $100,000

 

Offered by Councilman Rutledge who moved adoption

Seconded by Councilman Bentley

 

Adopted 5 ayes 0 nays

 

RESOLUTION NO.68-7/11

 

RESOLUTION TO AUTHORIZE THE SUPERVISOR TO SIGN A MUNICIPAL AGREEMENT WITH THE VILLAGE OF LYNDONOVILLE TO PROVIDE BOOKKEEPING SERVICES

 

WHEREAS, the Village of Lyndonville is in need of bookkeeping services.

 

BE IT RESOLVED that the Supervisor of the Town of Yates is hereby authorized to sign a Municipal agreement with the Village of Lyndonville to provide bookkeeping services.

 

Offered by Councilman Rutledge who moved its adoption

Seconded by Councilman Harmer

 

Adopted. 5 ayes;0 nays

 

Paul Lauricella stated that he had heard that a no smoking ban was being discussed and stated that If the Town was willing to give up all sales tax and put a ban on the selling of tobacco products in the Town he would consider the ban

 

Supervisor Belson stated that there has been no action on a smoking ban

 

Assessor Shelly Harling has completed the final roll and it is on the website.  Has also completed 6 credit hours on assessment data.

 

Councilman Bentley asked if we could use the Penneysaver or another paper for legals.

 

Legislature Member Johnson said that the State has not recognized the Penneysaver as a paid newspaper.

 

Russell Martino said that the Batavia paper was used at one time

 

Supervisor Belson said this can be checked into.

 

Legislature Member Johnson commended Wesley Bradley on his letters for the 4th of July and also commended the Lions Club.

 

 

RESOLUTION NO.69--7//11

 

RESOLUTION TO PAY BILLS

 

WHEREAS, bills have been reviewed by the Town Board, be it

 

RESOLVED to pay bills as follows:

 

A-Account                                   27,190.83

B-Account                              $     1,311.33

DA-Account                           $     5,489.64

DB-Account                                  9,587.51

Water 4 Account                          71,211.01

Water 2                                               

 Youth                                               643.17

 

TOTAL                                        115,433.49

Offered by Councilman Rutledge who moved its adoption

Seconded by Councilman Bradley

 

Adopted .5 ayes; 0 nays 

 

 

 

Motion made by Councilman Bradley 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 Bentley

 

Adopted 5 ayes; 0 nays1 

 

 

 

Brenda B. Donald

Town of Yates

Town Clerk