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
Bradley Bentley-Councilman
Jerry Rutledge-Councilman
Brenda Donald-Town Clerk
Michele Harling-Assessor
David Schubel-Town Attorney
OTHERS Larry Wolfe-Resident
Josette Lauze-Resident
Steve Freeman-Resident
Jim Krencik- Journal Register
Paul Lauricella-Resident
RESOLUTION
NO. 77-10/11
RESOLUTION TO ACCEPT
THE MINUTES OF THE SEPTEMBER 8, 2011 MEETING
RESOLVED, to accept the minutes of September 8,2011 as presented to each Board
Member.
Offered by Councilman, Bradley,
who moved its adoption. .
Steve Freeman commented on the Foss Road that it is smooth
Paul Lauricella questioned the exemptions on labor camps. Asked if they had to be on the farm property to get an exemption?
Assessor Michele Harling stated that they did not have to be on the farmers property and yes they can be exempt. They have to file an application and meet all the states criteria. There are 2-3 labor camps in the area.
Paul Lauricella asked about the tree cutting in the Town.
Supervisor Belson stated they are from National Grid and have nothing to do with the Town
Paul Lauricella asked about the minutes on the web, said August was not on the web.
Clerk Donald explained they do not go on the web until they are approved. August was a little late because I was out of Town.
Steve Freeman handles the web page and stated that he had received the August minutes and he would check to see if there was a problem with the web page that caused them not to be posted.
The Supervisor and Board Members have worked on the budget for 2012 and have come to an
Agreement on the tentative budget. The budget that is proposed would increase taxes .0495 cents per thousand which is well below the 2% increase allowed by the State. Water Level 1 will drop from 200 to 180 and water Level 2 will drop from 170 to 150.
RESOLUTION NO.78-10/11
RESOLUTION TO ADOPT THE 2012 TENTATIVE BUDGET AS THE 2012 PRELIMINARY BUDGET HAD HAVE A PUBLIC HEARING ON NOVEMBER 3,2011 AT 7:00 P.M.
WHEREAS, the tentative budget for the fiscal year January 1, 2012 thru December 31,2012 has been reviewed, be it
RESOLVED, that the tentative budget is hereby adopted as the preliminary budget for 2012, be it
FURTHER RESOLVED, that a public hearing will be held on November 3, 2011 at 7:00 P.M. at the Town Hall in Lyndonville NY
Offered by Councilman Harmer who moved its adoption.
Seconded by Councilman Rutledge
Adopted. 5 ayes; 0 nays
The NYS Comptroller has advised towns, villages and schools to adopt a local law that would allow them to go over the States recommended 2% increase in taxes this would protect the towns in the future if an audit occurs in future years. Even though the Town of Yates has not gone over the 2% it is still recommended that a local law be adopted.
RESOLUTION NO.79-10/11
RESOLUTION TO HAVE PUBLIC HEARING ON LOCAL LAW NO.1 of 2011,LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW 3-c
WHEREAS , a local law has been presented to the Yates Town Board as follows:
Local Law Filing New York State Department of State
99 Washington Avenue, Albany, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter.
County
City of Yates, Orleans County, New York
Town
Village
Local Law No. of the year 2011.
A local law to override the tax levy limit established in General Municipal Law 3-c
(Insert Title)
Be it enacted by the Town Board of the (Name of Legislative Body)
County
City of
Yates, Orleans
County, New York as follows:
Town
Village
Section
1. Legislative Intent
It is the intent of this local law to
override the limit on the amount of real property taxes that may be levied by
the Town of Yates pursuant to General Municipal Law §3-c, and to allow the Town
of Yates to adopt a budget for the fiscal year 2012 that requires a real
property tax levy in excess of the “tax levy limit” as defined by General
Municipal Law §3-c, and to allow the Town of Yates to adopt a budget for the
fiscal year 2012 that requires a real property tax levy in excess of the “tax
levy limit” as defined by General Municipal Law §3-c.
Section
2. Authority
This local law is adopted pursuant to
subdivision 5 of General Municipal Law §3-c, which expressly authorizes the
town board to override the tax levy limit by the adoption of a local law
approved by vote of sixty percent (60%) of the town board.
Section
3. Tax Levy Limit Override
The Town Board of the Town of Yates,
County of Orleans, is hereby authorized to adopt a budget for the fiscal year
2012 that requires a real property tax levy in excess of the amount otherwise
proscribed in General Municipal Law, §3-c.
Section
4. Severability
If any clause, sentence, paragraph,
subdivision, or part of this Local Law or the application thereof to any
person, firm or corporation, or circumstance, shall be adjusted by any court of
competent jurisdiction to be invalid or unconstitutional, such order or
judgment shall not affect, impair, or invalidate the remainder thereof, but
shall be confined in it separation to the clause, sentence, paragraph,
subdivision, or part of this Local Law or in its application to the person,
individual, firm or corporation or circumstance, directly involved in the
controversy in which such judgment or order shall be rendered.
Section
5. Effective Date
This local law shall take effect
immediately upon filing with the Secretary of State.
BE IT RESOLVED, a public hearing will
be held on November 3,2011 at 7:15 at the Yates Town Hall, Lyndonville NY
Offered by Councilman Bentley who
moved its adoption.
Seconded by Councilman Bradley
Adopted. 5 ayes; 0 nays
RESOLUTION NO.80-10/11
RESOLUTION TO HAVE NY ALERT
INFORMATION AND A LETTER FROM THE BOARD DELIVERED BY THE LAKE COUNTRY
PENNYSAVER AT A COST OF $231.00
WHEREAS, NY ALERT has a program to alert on hazardous
conditions, that would show up on a person’s cell phone or computer and not
many people know about this it was recommended that a notice be distributed to
residents. Be it
RESOLVED that the Town Board shall
have a letter and information on the NY ALERT program inserted in the Lake
Country Pennysaver and delivered to residents at a cost to the Town of $231.00.
Offered by Councilman Bradley, who
moved its adoption
Seconded by Councilman Rutledge.
Adopted. 5 ayes; 0 nays
Councilman Bradley-street lights are being installed
Councilman Bentley asked about the brightness of the cell tower lights.
Councilman Bentley asked if the Phase 10 bill is the last we will have to pay toward the application process.
Supervisor Belson stated he hoped so and that the funding is the hold up
RESOLUTION
NO.81-10//11
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as follows:
A-Account 24,551.83
B-Account $ 966.72
DA-Account $ 33,404.61
DB-Account 4,662.07
Water 4 Account 27,271.37
Water 2 13,061.16
Phase 10 880.00
TOTAL 104,797.76
Offered by Councilman Rutledge who moved its adoption
Seconded by Councilman Bradley
Adopted .5 ayes; 0 nays
Motion made by Councilman Harmer whereas there is no further business to be brought before the Board at this time the meeting be adjourned at 7:25 P.M.
Seconded by Councilman Rutledge
Adopted 5 ayes 0 nays
Brenda B. Donald
Town of Yates
Town Clerk
Town of Yates
Public Hearings
November 3,2011
The first public hearing on the Preliminary Budget for the Fiscal Year January 1, 2012 through December 31,2012 was opened at 7:00 P.M. by the Supervisor at the Yates Town Hall, 8 South Main Street, Lyndonville NY
Those Officers Present: John Belson,Supervisor
Wes Bradley, Councilman
Bradley Bentley, Councilman
Jerry Rutledge, Councilman
Rick Harmer, Councilman
Brenda Donald, Town Clerk
David Schubel, Town Attorney
Others: Paul Lauze-Resident
Josette Lauze-Resident
Paul Lauracella-Resident
William Jurinich-Resident
Lynne Johnson-Legislature
Al Lofthouse-Resident
Bev Lofthouse-Resident
Jim Tuk-Resident
Anna Majorowski-Resident
Slawomir Majorowski-Resident
The floor was open for comments on the 2012 budget.
Jim Tuk asked what the Village of Lyndonville rate would be.
Supervisor Belson stated the Village rate would be.$2.3755
Slawmoir Majorowski presented some demands to the Board as follows:
1-We. Request that an open Town Hall meeting is to be organized addressing detailed issues of real property taxation. Our Town and County personnel appears to be lacking proper, in-depth knowledge of the issues. Here we suggest inviting an outside expert from say Albany, Rochester, or Buffalo area to be available to answer any questions the public may have.
2- Due to gross irregularities in real property records we suggest that the individual records of persons and their immediate families who work or perform public services for the Town/County be openly available in a detailed form. The local assessor keeps one inch thick file on my property. Why not do the same on people running the Town and County and those involved in Town/County business? It is a very reasonable request. Transparency will not hurt us at all.
A copy of this letter shall be attached to the minutes
Paul Laurcella- Why can’t employees kick in for medical?
Supervisor Belson, newly hired employees do pay some of their medical. Our union contract for highway is for a 4 year period ending in 2014.
Paul Lauricella in these times I do not feel there should have been raises given
Anna Majorowski- why was there ever $200,000.00 placed in budget for parks?
RESOLUTION NO.82-11/11
RESOLUTION TO CLOSE PUBLIC HEARING
WHEREAS, all persons requesting to be heard have been heard and no other persons requested to speak, be it
RESOLVED the public hearing on the 2012 preliminary budget be closed at 7:14 P.M.
Offered by Councilman Rutledge who moved its adoption
Seconded by Councilman Harmer
Adopted. 5 ayes; 0 nays
The public hearing on Local Law #1 of 2011 (to override States 2% tax levy established in General Municipal law 3-c) was opened at 7:15 P.M.
Supervisor Belson explained that the Town of Yates budget is far below the 2% but as a precautionary gesture, because the State has not totally defined the law, it was recommended that Towns pass this law.
Councilman Bradley stated the recommendation came from the New York State Comptrollers Office.
Paul Lauze- I was under the impression that a popular vote by the polls was required to exceed the 2%.
Dave Schubel- the law can be enacted by Town Boards approval.
Dave Schubel said that the State has not defined their formulas in the matter and if the law is not enacted and Phase 10 water goes into effect the potential might exceed the 2%.
Paul Laurecella- Mr Schubel you would make money from Phase 10, should you be involved in the 2% law?
William Jurnich- If the Town has not reached the 2%, why not wait until it is needed to pass a law to override it?
RESOLUTION NO.83-11/11
RESOLUTION TO CLOSE PUBLIC HEARING
WHEREAS, all persons requesting to be heard have been heard and no other persons requested to speak, be it
RESOLVED the public hearing the Local Law 1 of 2011(to override the tax levy established in General Municipal Law 3-c) at 7:30 P.M.
Offered by Councilman Rutledge who moved its adoption
Seconded by Councilman Bradley
Adopted. 5 ayes; 0 nays
Motion by Councilman Bradley whereas there is no further business that the meetings be closed at 7:30 P.M.
Seconded by Councilman Rutledge.
Vote 5 ayes; 0 nays
Brenda B. Donald
Town Clerk
Town of Yates