TOWN OF YATES

REGULAR BOARD MEETING

June 10, 2010

The Meetings 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

Wesley Bradley-Councilman

Jerry Rutledge, Councilman

Bradley Bentley-Councilman

Brenda Donald- Town Clerk

Andrew Meirs - Attorney

Michele Harling -Assessor

Dan Wolfe-Code & Zoning

OTHERS: Larry Wolfe-Resident

Judy & Steve Esposito-Property Owner

Steve Freeman-Resident

Paul & Sandra Lauracella-Resident

Tom O’Brien-Property Owner

Anne Smith-Resident

Bill & Dee Ryan- Resident

Tanis Bolick-Resident

Anne Smith-Resident

Pat O’Brien-Resident

John- Anderson-Resident

Paul & Josette Lauze-Residents

Cynthia Keller

Marvin Maynard

Lynne Johnson-Legislature

RESOLUTION NO. 64-6/10

RESOLUTION TO ACCEPT THE MINUTES

RESOLVED, to accept the minutes of the May 13, 2010 meetings. as presented to each Board Member.

Offered by Councilman, Harmer, who moved its adoption.

Seconded by Councilman Rutledge

Adopted. 5 Ayes; 0 nays;

Privilege of the Floor; no request

RESOLUTION NO. 65-6/10

RESOLUTION TO SET UP RESERVE ACCOUNTS FOR RETIREMENT AND TRANSFER MONEY FROM BALANCE UNRESERVED TO THESE NEW ACCOUNTS

WHEREAS, the State has notified us Retirement payments will be going up in the next few years it has been decided to set up reserve accounts for retirement as follows:

0881.0A-0881.0DA-08810DB and 0881.0SW4, be it further

RESOLVED, that the following shall be transferred to theses accounts from the

From TO

0909.0A fund balance unreserved 5,000 0881.0A reserve retirement 5,000

0909.0DA fund balance unreserved 2,000 0881.0DA reserve retirement 2,000

0909.0DB fund balance unreserved 4,124 0881.0DB reserved retirement 4,124

0909.0SW4 fund balance unreserved 3,000 0881.0SW4 reserved retirement 3,000

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Bentley.

Adopted. 5 ayes; 0 nays

The Town was contacted by NYS Department of Transportation Passenger Transportation Division Aviation Services Bureau about the Establishment of or improvement to privately-owned airports in New York State . They are requesting a Resolution to request the New York State Commissioner of Transportation to make a determination whether or not the establishment or improvement of such a privately owned airport complies with his standards adopted pursuant to Section 249 of the New York State General Business Law.

RESOLUTION NO.66-6/10

RESOLUTION REQUEST NYS COMMISSIONER OF TRANSPORTATION TO MAKE A DETERMINATION

WHEREAS, Robert Williams is the owner of a certain parcel of real property located on 10954 Lakeshore Road , Town of Yates County of Orleans, State of New York; and

WHEREAS, New York State General Business Law Section 249 provides that no person shall establish or improve a privately owned airport except by authorization of the governing board of the Town in which such provate airport is proposed to be established or improved; and

WHEREAS, New York State General Business Law Section 249 provides that the governing body of the Town shall not authorize the establishment or improvement of a private airport at the requested location unless in accordance with the standards prescribed by the Commissioner of Transportation of the State of New York; and

WHERAS, the airport proposed to be established or improved will be privately owned and the owner of real property upon which the establishment is to take place has consented to such establishment; and

NOW THEREFORE BE IT RESOLVED, the New York State Commissioner of Transportation is hereby requested to make a determination as to whether or not the establishment or improvement of such property owned airport complies with his standards adopted pursuant to Section 249 of the New York State General Business Law.

Offered by Councilman Harmer who moved its adoption.

Seconded by Councilman Rutledge

Adopted; 5 ayes; 0 nays

Roll Call vote

Supervisor-John Belson ayes Councilman Bradley Bentley aye

Councilman Rick Harmer aye Councilman Wes Bradley ayes

Councilman Jerry Rutledge aye

Carried.

Josh Edwards and Stacy Buckland coaches for the Fats Piedmont Baseball league have requested $200 from the youth program to purchase equipment for this team.

RESOLUTION NO.67-6/10

RESOLUTION TO GIVE $200 THE FATS PIEDMONT BASEBALL LEAGUE FOR EQUIPMENT

WHEREAS, the coaches of this league have requested $200.00 for equipment be it

RESOLVED the Town will give $200 for equipment to this league from the youth fund , be it

FURTHER RESOLVED , a receipt of the purchases must be presented and attached to the voucher.

Offered by Councilman Rutledge who moved its adoption

Seconded by Councilman Harmer

Adopted 5 ayes; 0 nays.

Councilman Bradley stated that the Town was approached about a basketball camp for ages 9-15 years of age will be held on July 26,27,28,29 from 6:00 to 9:00 P.M., and, would like the Town to include them on the Towns insurance for the School. There is no money involved to do this.

New York State Retirement has notified us that the days counted for Lynne Johnson, the Bookkeeper for the Town of Yates needs to be adjusted.

RESOLUTION NO.68-6/10

RESOLUTION TO AMEND RESOLUTION NO. 27-1/10

WHEREAS, the New York State Retirement System has notified the Town of Yates that the amount of time credited to her retirement should be 11 days a month, which would be what was originally submitted, be it

RESOLVED to amend RESOLUTION NO. 27-1/10 to give Lynne Johnson credit for 11 days per month.

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Bentley.

Adopted. 5 ayes; 0 nays

Report of Town Officers:

Dan Wolfe Code and Zoning- 11 camping permits and I am sending letters to property owners with high grass and weeds

Michele Harling Assessor- we had grievance day with 22 residents . The County is setting up a terminal server so the assessors can make changes at the County level.

Roger Wolfe High and Water- we are doing general work at the present. The State Assembly and Senate have agreed to keep the CHIPS program

Councilman Bentley talked with the County about more ditching this year , they said the Town used the machine quite a bit last year but would look into it when the weather dries up some.

Lynne Johnson County Legislature has talked to Charles Nesbit about the recycling waste and the company will be picking up the recycling .

Paul Lauze of the L.AKESHORE G.ALE Association presented the Town with minutes of their first meeting These will be attached to the Board Minutes.

RESOLUTION NO.69-6/10

RESOLUTION TO PAY BILLS

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

RESOLVED to pay bills as follows:

A-Account— 24,309.28

B-Account 775.34

DA-Account 6,930.11

DB- Accounts 19,479.89

Water 17,548.80

Youth 680.00

TOTAL 69,723.42

Offered by Councilman Rutledge. who moved its adoption.

Seconded by Councilman Bentley.

Adopted. 5 ayes; 0 nays

Motion made by Councilman Rutledge ,as there was no more business to discuss the meeting be closed at 7:20 P.M.

Seconded by Councilman Harmer

Adopted. 5 ayes; 0 nays

Brenda B. Donald

Town Clerk

Town of Yates