TOWN OF YATES
REGULAR BOARD MEETING
PUBLIC HEARING
AUGUST 8, 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
Brenda Donald-Town Clerk
Michele Harling-Assessor
Roger Wolfe-Highway Superintendent
Andrew Meier-Town Attorney
OTHERS: Larry Wolfe-Resident
Paul Laurcelli-Resident
Lynne Johnson-Legislature
Open Public Hearing on Zoning Change
RESOLUTION NO.69-8/13
CLOSE PUBLIC HEARING ON LOCAL LAW 2 TO CHANGE ZONING
Whereas, all persons requesting to be heard had the chance to be heard
BE IT RESOLVED, the public hearing be closed at 7:08.P.M.
Offered by Councilman Bentley who moved its adoption.
Seconded by Councilman Bradley
Adopted. 4 ayes;0 nays
RESOLUTION NO. 70-8/13
RESOLUTION TO ACCEPT THE MINUTES OF THE JULY 11, 2013 MEETING
RESOLVED, to accept the minutes of the meeting held July 11, 2013 as presented to each Board Member.
Offered by Councilman Freeman who moved its adoption
Seconded by Councilman Bentley
Adopted 4 ayes; 0 nays
RESOLUTION NO.71-8/13
RESOLUTION TO ACCEPT SINGLE AUDIT FOR COURT AND TOWN RECORDS FOR THE YEAR 2012
WHEREAS, Amato & Fox have completed and audit on the Town of Yates Books and the Town of Yates Town Court Books, be it
RESOLVED, to accept these audits as presented to the Town
Offered by Councilman Bentley who moved its adoption
Seconded by Councilman Freeman
Adopted 4 ayes; 0 nays
RESOLUTION NO. 72-8/13
TO ALLOW SUPERVISOR TO SIGN AN AGREEMENT WITH AMATO & FOX FOR THE 2013 FISCAL YEAR AUDIT FOR THE TOWN AND THE TOWN COURT.
WHEREAS, Amato & Fox have sent an agreement to do the 2013 fiscal year single audit for the Town of Yates books and the Town of Yates Court books, and
Whereas the cost will be $6000.00, be it
RESOLVED, the Supervisor is authorized to sign this agreement. Be it further
RESOLVED, a copy of the agreement shall be attached to these minutes.
Offered by Councilman Bradley who moved its adoption.
Seconded by Councilman Bentley.
Adopted. 4 ayes;0 nays
RESOLUTION NO.73-8/13
TOWN BOARD RESOLUTION ISSUING THE NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE FOR THE ENACTMENT OF A LOCAL LAW AMENDING THE ZONING LOCAL LAW OF THE TOWN OF YATES
WHEREAS, the Yates Town Board determined that the adoption of a Zoning text Amendment as a Type I Action under the State Environmental Quality review Act (SEQR), and
WHEREAS, the Yates Town Board caused a Full Environmental Assessment Form to be prepared for assessing the potential environmental impacts that may result from the adoption of a Zoning Text Amendment, and
WHEREAS, the Yates Town Board has reviewed the Full Environmental Assessment Form prepared for the adoption of the Zoning Text Amendment,
NOW, THEREFORE, BE IT RESOLVED, that the Yates Town Board declares that the reasons supporting this Negative Declaration are as follows:
a. Compared with the criteria listed in Section 617.7 of SEQR regulations, all indications are that the proposed action will not cause substantial adverse change in community character, aesthetics, design and natural features; and
b. Review of the proposed Amendment and the Full Environmental Assessment Form has indicated that the action to adopt the Amendment will not have a significant adverse impact in the environment,
BE IT FURTHER RESOLVED, that the Supervisor is directed to sign the Negative Determination of Environmental Significance Form.
Offered by Councilman Bradley who moved its adoption.
Seconded by Counciman Bentley
Adopted. 4 ayes; 0 nays
RESOLUTION NO.74-8/13
RESOLUTION ON POST
ISSUANCE COMPLIANCE PROCEDURES
RESOLUTION DATED August 8, 2013 OF THE
TOWN BOARD OF THE
TOWN OF YATES
ORLEANS COUNTY, NEW YORK
(THE “TOWN”)
WHEREAS, the Internal Revenue Service has issued new regulations requiring issuers of tax-exempt obligations to certify on Form 8038-G that they actively monitor compliance with federal tax rules following the issuance of such obligations; and
WHEREAS, the Town is an occasional issuer of tax-exempt obligations and thus is subject to the aforementioned compliance requirements which are critical for the preservation of preferential tax status of those obligations; and
WHEREAS, it is therefore in the best interest of the Town to adopt formal written procedures to ensure such compliance and to designate an official responsible for ensuring that such procedures are followed;
NOW THEREFORE, BE IT RESOLVED, that Town hereby adopts the interim post-issuance compliance procedures attached hereto as “Schedule A” and resolves to be governed thereby; and
BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon its adoption.
Schedule A
a. Purpose: The purpose behind implementation of post-issuance compliance procedures is to ensure that the Town is compliant with federal tax law requirements related to its outstanding tax-exempt obligations for the life of the obligations.
b. Compliance Officer Designation, Education and Training: The Town will designate a “Compliance Officer” who will be the primary official responsible for monitoring post-issuance compliance with federal tax laws. The Compliance Officer will attend training and educational seminars at least annually at the law firm of Hodgson Russ LLC and will consult with bond counsel as needed to keep current on IRS regulations and developments relating to post-issuance compliance for its obligations. The Town’s designated Compliance Officer is __Town of Yates Supervisor]___________.
c. Record Retention and Due Diligence Review: The Compliance Officer is responsible for thorough record retention of all material documents relevant to the issuance of the Town’s tax-exempt obligations including, but not limited to, the transcript of proceedings, closing binder, bond counsel opinion, tax certificate, IRS-required filings, records of investments and expenditures made with proceeds, documents pertaining to existing or potential private and public use of bond-financed property, etc. The Compliance Officer will conduct due diligence review of these documents both upon receipt and at regular intervals throughout the life of the obligation.
d. Monitoring Compliance: The Compliance Officer will monitor use of proceeds and arbitrage restrictions through implementation of accounting methods and consultation with bond counsel and a rebate consultant when necessary.
e. Correcting Potential Non-Compliance: Upon discovery of potential or existing non-compliance with post-issuance tax laws, the Compliance Officer will promptly take steps, including consultation with bond counsel, to correct such non-compliance.
Offered by Councilman Bradley who moved its adoption
Seconded by Coouncilman Freeman
Adopted. 4 ayes; 0nays
Report of Town Officers
Assessor –studying for class that eill give me 24 credits will take test in September
Ethic class is in December
Meeting for all assessors, supervisors September 19,2013 on low income housing assessments
Highway Superintendent_ patching roads
Councilman Bradley-5 streets lights have been added this year
Working with Village of Lyndonville on E-Waste
Town Clerk- would like to thank everyone for all their thoughtfulness to our family during the time of Michael’s death.
RESOLUTION NO. 75-8/13
RESOLUTION TO PAY BILLS
RESOLVED, to pay bills as presented to Town Board
BILLING
A accounts-------- 20,794.64
B.Accounts------ 843.61
DA Accounts------- 2.842.68
DB Accounts-----202.970.75
Youth-------------- 4,396.84
Water 2---------
Water 4---------- 7,683.99
Total Bills----------239,532.51
Offered by Councilman Bradley who moved its adoption
Seconded by Councilman Bentley
Adopted. 4 Ayes; 0 Nays
.
Adjournment 7:25 P.M
Whereas there was no further business to be brought before the Board Offered by Councilman Bradley to close the meeting at 7:25 P.M.
Seconded by Councilman Freeman
Votes, 4 Ayes; 0 Nays
Brenda B. Donald
Town Clerk
Town of Yates