TOWN OF YATES
ORGANIZATIONAL AND REGULAR BOARD MEETING
JANUARY 10,2013
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
Wes Bradley-Councilman
Steve Freeman-Councilman
Brenda Donald-Town Clerk
Michele Harling-Assessor
Daniel Wolfe-Code/Zoning Officer
Andrew Meier-Town Attorney
OTHERS Larry Wolfe-Resident
Paul Lauricella-Resident
Privilage of the
Floor- Paul Lauricella presented the Town Board with Dvd’s he would like them to
review on the UN agenda
RESOLUTION NO.
01-1/13
RESOLUTION TO
ACCEPT THE MINUTES OF THE YEAREND
MEETING DECEMBER 27 2012
RESOLVED, to accept the minutes of the
yearend meeting held December 27,2012 as presented to each Board Member.
Seconded by Councilman Harmer
Adopted. 4 ayes; 0nays; 1 absent (Bentley)
RESOLUTION NO. 02-1/13
RESOLUTION TO NAME OFFICIAL DEPOSITORY
RESOLVED, to name M & T Bank and the Bank of Castile as the
official depository for the Town of Yates.
Seconded by Councilman Bradley
Adopted. 4 ayes;0 nays; 1 absent(Bentley)
RESOLUTION NO.- 03-1/13
RESOLVED, to name the The Journal-Register as official
newspaper.
Seconded by Councilman Freeman
Adopted. 4 ayes; 0 nays, 1 absent (Bentley
RESOLUTION TO MAKE APPOINTMENTS BY THE
TOWN BOARD
RESOLVED, to make the following appointments:
Legal
Service------------------------------------- Webster and Schubeland Meier
Historian------------------------------------------- Scott
Goetze
Fire & Building Code
Officer--------------------Dan Wolfe
Zoning Enforcement Officer---------------------Dan Wolfe
Zoning Board of Appeals
Clerk-----------------Deputy Clerk- Dawn Metty
Planning Board Member 7 years---------------Gary Daum
Planning Board Alternate-2 years--------------Mark Hughes
Planning Board Chairman------------------------Donald Lamay
Planning Board Member 1 years----------------Ed Urbanik
Planning Board Clerk-----------------------------Deputy
Clerk-Dawn Metty
Water District 4 Superintendent-----------------Roger W. Wolfe
Youth Agency
Representative-------------------Wes Bradley
Registrar of Vital statistics-----------------------Brenda
B. Donald
Deputy Registrar-----------------------------------Deputy
Clerk-Dawn Metty
Dog Control Officer-------------------------------John W.
Donald
Seconded by Councilman Bradley
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION TO ACCEPT APPOINTMENTS BY
DEPARTMENT HEADS
RESOLVED, to accept the following Department Head
Appointments:
SUPERVISOR
Deputy Supervisor---Wes
Bradley
Bookkeeper-----------Lynne Johnson
TOWN CLERK
Deputy Clerk- Dawn Metty
HIGHWAY SUPERINTENDENT
Deputy Superintendent—David
Hydock
JUSTICE
Court Clerk—Susanne Sanderson
Court Baliff---Eric Harling
Seconded by Councilman Freeman
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION TO
ALLOW SPECIFIC PERSONS TO ACT AS AUTHORIZED OFFICERS TO DO BANKING
RESOLVED, to allow the following to do banking in specific
accounts:
Accounts Payable
Account—Supervisor, Deputy Supervisor and Town Clerk
Money Market
Account--, Supervisor, Deputy Supervisor, and Town Clerk
Payroll Account—Supervisor, Deputy
Supervisor and Town Clerk
Trust and Agency
Fund-Supervisor, Deputy Supervisor and Town Clerk
Town Clerk’s
Checking and Savings—Town Clerk, Deputy Town Clerk and Supervisor.
Seconded by Councilman Bradley
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION TO ADOPT OFFICE HOURS
RESOLVED, to set the following
office hours
Monday Tuesday Thursday and Friday –9:00 A. M. –12:30 P.M.
1:00 P.M. until 4:30 P.M.
Wednesdays 9:00 A. M until 12:30 P.M.
7:00 P.M. until 9:00 P.M.
Assessor—Thursdays
and Fridays 9:00 A.M. until 12: 30 P.M.
1:00 P.M. until 4:30 P.M.
Mondays 8:00
A.M.. until 4:00 P.M.
Seconded by Councilman Harmer
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION TO ACCEPT COMMITTEE
APPOINTMENTS BY SUPERVISOR
RESOLVED to accept the
following committee appointments by the Supervisor
A-
Finance & Budget---Chairman—Councilman Bentley
Councilman Harmer
B-Health &
Public Safety—Chairman---Councilman Bradley
Councilman Bentley
C-Planning &
Zoning—Chairman—Councilman Freeman
Councilman
Bradley
D- Public
Works---------Chairman------Councilman Harmer
Councilman Freeman
Seconded by Councilman Bradley
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION TO NAME TIMEKEEPER FOR ALL
PERSONNEL
RESOLVED, to name the Town Clerk as the Official Timekeeper
for all Town Personnel. Each Department Head shall submit time sheets showing
daily hours worked, holidays, vacation, personal, funeral, sick days and days
off without pay.
Seconded by Councilman Harmer
Adopted 4 ayesw; 0 nays; 1 absent (Bentley)
RESOLUTION TO SET PETTY CASH FUNDS
RESOLVED, to set petty cash funds as follows:
Town Clerk--$200.00
Petty Cash---$200.00
Seconded by Harmer
Adopted 4 ayes; 0 nays 1 absent (Bentley )
RESOLUTION TO SET MILEAGE ALLOWANCE
RESOLVED, to reimburse Town Officers and Employees using
personal vehicles for Town Business at a rate of $.50 per mile.
Seconded by Councilman Harmer
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION TO SET MEETING DATES AND
TIMES
RESOLVED, to set the following
dates and times for meetings
Town Board Workshop Meetings—Monday before regular Board
Meeting 3:30 P.M.
Town Board Meeting—Second Thursday of each month 7:00 P.M.
Planning Board—First Thursday of each Month 7:00 P.M.
Zoning Board of Appeals – at least twice a year, once with
Town Board Representatives, and when needed to hear an appeal
Seconded by Councilman Bradley
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION NO. 13-1/13
RESOLUTION TO ALLOW SUPERVISOR TO PREPAY
VOUCHERS
RESOLVED, to authorize the
Supervisor to prepay the following Vouchers
Bi-weekly, Monthly and
vacation payrolls
Utility Bills
Installments on Contracts approved by the Board
Insurance premiums
Payment to Federal and State and County Agencies
Seconded by Councilman Freeman
Adopted 4 ayes; 0 nays 1 absent (Bentley)
RESOLUTION NO. 14-1/13
RESOLUTION TO SET WORK PERIOD AND PAY
DAYS
RESOLVED, to set the following:
Bi-Weekly—Monday thru Sunday
midnight (14 days_
Pay day on the following Thursday
Monthly- first to last day of
month
Pay day last banking day of Month
Others-completion of duties, end of the year, or if voucher
after next regular Board meeting.
When a payday falls on a
Holiday the payday shall be on the preceding workday.
Seconded by Councilman Bradley
Adopted; 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION NO. 15-1/13
RESOLUTION TO SET SALARIES, WAGES AND
COMPENSATION
MONTHLY
Per year
Legislative Board (4)
3,259.75
Justice (1)
8,500.00
Supervisor
8,000.00
Supervisor Bookkeeper
14,500.00
Water Bookkeeper
3,100.00
Budget Officer
1,500.00
BI-WEEKLY
Town Clerk
$41,000.00
Vital Registrar
$ 600.00
Highway Superintendent
$58,400.00
Cemetery Superintendent
$5,200.00
Water Superintendent
$13,000.00
HOURLY
Court Clerk-------
$13.57
Deputy Clerk------
$10.65
Code & Zoning
$21.00
Court Baliff----------
$10.00 per summons +mileage
Dog Control $10.00 per summons +mileage
Assessment Review Board Chairman---
$130.00 Annually
Assessment Review Board Member—
$60.00 daily
Election Inspectors as follows:
Training---
$25.00
Primary 9 hours @ $8.13=
$73.17 per day
Election 15.5 hours @ $8.13=
$126.02 per day
Registration 7.5 @ 8.13=
$ 60.98 per day
Registration 4 @ 8.13=
$ 32.52 per day
Zoning Board Members
$ 15.00 per meeting payable yearend
Zoning Board Chairman
$ 25.00 per meeting
Planning Board Chairman—
$ 25.00 per meeting
Planning Board Members
$15.00 per meeting payable yearend meeting
Historian---
$600.00 annually.
Seconded by Councilman Freeman
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION TO ALLOW
SUPERINTENDENT OF HIGHWAYS TO USE TOWN EQUIPMENT AND PERSONNEL IN EMERGENCY
RESOLVED, that the Town Board of the Town of Yates hereby
renews an Emergency response procedure (of December 13, 1984) by giving the
Superintendent of Highways authority to use Town of Yates Highway Equipment and
Personnel when requested by local Police, Public Safety Coordinator, Chief of
Volunteer Fire Department, or some other Officer to protect citizens and
property within the Town.
Seconded by Councilman Bradley
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION TO SET
TOWN HOLIDAYS
RESOLVED to set Town Holidays as follows:
New Years Day
Martin Luther King Day-Town
Hall Offices
Good Friday
Memorial Day
Independence Day
Labor Day
Election day- Town Hall
Columbus Day-Highway
Veterans Day
Thanksgiving Day
Day After Thanksgiving
Day Before Christmas
Christmas Day
Day before New Years
BE IT FURTHER RESOLVED, when the Holiday falls on a
Saturday, it will be celebrated on the preceding Friday, and when the Holiday
falls on a Sunday it will be celebrated on the following Monday.
Seconded by Councilman Freeman
Adopted. 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION TO ALLOW
HIGHWAY SUPERINTENDENT TO EXPEND HIGHWAY MONEYS AS REQUESTED
WHEREAS, the Highway Superintendent has presented information of the Expenditure of Highway moneys as follows:
AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS
AGREEMENT, between the Highway Superintendent of the Town
of Yates, Orleans County New York, and the undersigned members of the Town Board
Pursuant to the provisions of Section 284 of the Highway
Law, we agree that moneys levied and collected in the Town for the repair and
improvement of highways and received from the State for State Aid for the repair
and improvement of highways, shall be expended as follows:
The sum of $
282,000.00 shall be set aside to be
Expended for the primary work and general repair OR Capital improvement upon
36.80 miles of town Highways, including sluices, culverts and bridges having a
span of less than five (5) feet and boardwalks or the renewal thereof.
Seconded by Councilman Harmer
Adopted; 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION NO.19-1/13
RESOLUTION TO ALLOW HIGHWAY
SUPERINTENDENT TO MAKES PURCHASES
NOT ONLY FROM STATE BIDS BUT ALSO FROM OTHER COUNTY AND MUNICAPALITIES
WHEREAS, from time
to time other Municipalities have bid purchases and reached low bids on
purchases, Therefore already going through a bid process, be it
RESOLVED, that the
Highway Superintendent be allowed to make purchases, not only from State Bids
but also from other County and
municipalities.
Seconded by Councilman Freeman
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION NO.20-1/13
RESOLUTION TO
ALLOW TOWN OF YATES PERSONNEL TO ATTEND CONFERENCES, TRAINING AND CERTIFICATION
SESSIONS
WHEREAS, the need for personnel to attend conferences, training, and certifications sessions is present, be it
RESOLVED, personnel has the approval to attend conferences, training and certification sessions, at Town expense, be it
FURTHER RESOLVED, Personnel shall notify the Board of upcoming conferences or training.
Seconded by Councilman Bradley
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION NO. 21-1/13
RESOLUTION TO
AUTHORIZE THE SUPERVISER TO SIGN AGREEMENT FOR LEGAL SERVICES WITH WEBSTER
SCHUBEL AND MEIER LLP
WHEREAS, the agreement for legal services has been presented to the Town Board and the Town Board has reviewed this agreement, be it
RESOLVED, the Supervisor is authorized by the Town Board to sign this agreement as follows:
THIS AGREEMENT dated as of the 1st of January 2013. between the Town of Yates a municipal corporation of the State of New York, hereinafter referred to as “Town” and WEBSTER & SCHUBEL AND MEIER, LLP, Attorneys at Law of 113 West Center Street Medina, New York hereinafter referred to as “Attorneys”.
WHEREAS, the Town requires legal services in connection with the operation and functions of the government of the Town, and
WHEREAS, the Attorneys are experienced in matters involving municipal law and wish to perform necessary legal services for the Town.
NOW THEREFORE, in consideration of the premises and the mutual covenants and promises hereinafter set forth, it is agreed as follows:
Attorneys will perform the following legal services:
1.) General consultation with all board members and Town officers, as required..
2.) Attendance at meetings, conference sessions, workshops and public hearings of Town governmental bodies, including the Town Board, Planning Board and Zoning Board of Appeals as required..
3.) Preparation of resolutions and local laws.
4.) Preparation and review of contracts and like transactional matters but excluding tax assessment proceedings, administrative agency proceedings, civil litigation and proceedings, in- rem tax foreclosure proceedings, capital projects matters, bond issues and other borrowing and the purchase and/or sale of real property..
5.) General legal research and correspondence: FOIL responses.
As compensation for services as enumerated above, the Town will pay Attorneys an annual retainer in the amount of $7,500.00 which shall be paid annually in December upon submission of a voucher therefore by Attorneys, payable upon approval by the Town. The vouchered payment shall not be considered compensation for the purposes of the New York State Retirement System
The Attorneys will perform and provide such legal services as are required by the Town as follows:
1.) The representation of Town in administrative agency proceedings, civil litigation and proceedings, and in-rem tax foreclosure proceedings.
2.) Legal services in connection with capital projects, bond issues, and other borrowings and other related matters.
As compensation for services set forth in subparagraph 1 and 2, the Town will pay the Attorneys in accordance with the following schedule, rates and fees:
a.) For legal services in subparagraph 1 above at the rate of $110.00 per hour.
b.) For legal services described in subparagraph 2 at rates and fees to be agreed upon between the parties by separate agreement for each matter.
The Attorneys shall voucher the Town for the services rendered, and such fees shall be payable upon approval of such voucher by the Town. The vouchered payment shall not be considered compensation for the purposes of the New York State Retirement System.
The term of this Agreement shall be for the period of one (1) year from January 1,2013, to December 31,2013. This agreement may be terminated by either party upon ten (10) day written notice by certified mail return receipt requested or personal delivery.
Offered by Councilman Harmer, who moved its adoption
Seconded by Councilman Bradley
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION NO. 22-1/13
RESOLUTION TO
COMPENSATE DEPUTY HIGHWAY SUPERINTENDENT FOR TIME
WORKED
RESOLVED, David Hydock as deputy Highway Superintendent will receive $2200.00 for time worked as deputy Superintendent, be it further
RESOLVED, duties of Deputy Highway Superintendent will be
assigned and will include road checks and manpower call-ins when needed.
Deputy Highway Superintendent will receive extra compensation if roadwork
or plowing needs to be done. Deputy
Superintendent assume all the duties of the Highway Superintendent during
Superintendent’s absence, be it
FURTHER RESOLVED, David Hydock’s compensation will be paid
quarterly in his paycheck, starting January 2013 ,April
2013 , July 2013 and October
2013
Seconded by Councilman Freeman
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION NO.23-1/13
RESOLVED, the Code Enforcement Officer shall be paid $21.00
per hour and shall work Mondays from 8:00 A.M. until 4:00 P.M., he shall be
allowed 3 days for use for (Holiday, Personnal, or Sick Day) any other time
shall be made up.
Offered by
Councilman Harmer, who moved its adoption
Seconded by Councilman Freeman
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION NO.
24-1/13
RESOLUTION TO
ACCEPT FINAL REPORT ON WATER 2 AND WATER 4
WHEREAS, the final reports on water 2 and water 4 have been
presented to the Town Board,
BE IT RESOLVED, the Town Board accepts the final report as
presented. , Be it
FURTHER RESOLVED, A signed copy shall be placed with these
minutes
Offered by
Councilman Bradley
who moved its adoption
Seconded by Councilman Freeman
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION NO.
25-1/13
RESOLUTION TO ACCEPT FINAL REPORT FOR THE COURT CLERK
WHEREAS, the Court Clerk for Justice Grabowski
has presented the final report for the justice for the year ending
December 31,2012, and
WHEREAS, the Town Board has reviewed these records
BE IT RESOLVED, the Town Board accepts the final report for
Justice Grabowski as presented
Seconded by Councilman Harmer
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION NO.
26-1-13
RESOLUTION TO
ACCEPT FINAL YEAREND REPORT FROM TOWN CLERK
WHEREAS, the final report from the Town Clerk has been
presented to the Town Board,
BE IT RESOLVED, the Town Board accepts the final report as
presented, .be it
FURTHER RESOLVED, A signed copy shall be placed with these
minutes
Seconded by Councilman Harmer
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
RESOLUTION NO.
27-1/13
RESOLUTION
SETTNG DAYS WORKED BY ELECTED AND APPOINTED EMPLOYEES FOR NEW YORK STATE
RETIREMENT SYSTEM
WHEREAS, the bookkeeper has given the Town a printout of the employees that are currently on NYS Retirement System and how they are paid, and
RESOLVED, the Town of Yates hereby sets the way Retirement days are reported as follows:
BE IT FURTHER RESOLVED This Resolution shall be done at the Organizational meeting every year.
Seconded by Councilman Bradley
Adopted 4 ayes; 0 nays; 1 absent(Bentley)
RESOLUTION NO.
28-1/13
RESOLUTION
SETTNG DAYS WORKED BY ELECTED AND APPOINTED EMPLOYEES FOR NEW YORK STATE
RETIREMENT SYSTEM
WHEREAS, the bookkeeper has given the Town a printout of the employees that are currently on NYS Retirement System and how they are paid, and
RESOLVED, the Town of Yates hereby sets the standard workday for Retirement days as follows:
Offered by
Councilman Bradley who moved its adoption
Seconded by
Councilman Freeman
Adopted. 4 ayes; 0
nays; 1 absent (Bentley)
Officers Report-
Code Officer-Dan Wolfe
will have 2012 building
permit reports for next meeting.
Will attend a DEC
meeting with Steve Freeman on Erosion Control in Avon, NY
Assessor- Working
on exemptions Will need 8 credit
for 2012 Will take epic class in
Batavia this year
Town Attorney- working with Ridgeway
Attorney on Street Light on Swett Road and Townline Road
Councilman Bradley-
I would just like to go on record as saying I am not happy with the 2.5%
increase in state mandates on our Town and County taxes.
The School, town, Village and County all had to stay below 2% and the
mandates went over this amount.
RESOLUTION NO.
29-1/13
AUTHORIZE
SUPERVISOR TO SIGN SNOW AND ICE AGREEMENT WITH NYS
RESOLUTION TO EXTEND INDEX LUMP SUM MUNICIPAL SNOW AND ICE AGREEMENT
RESOLVED, to authorize the Supervisor to sign the Indexed Lump Sum, Snow and Ice Agreement, Extension as follows:
AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE AGREEMENT
The Agreement made this 10 day of January 2013 by and between the PEOPLE OF THE STATE OF NEW YORK (hereinafter referred to as “STATE”) acting by and through the Commissioner of Transportation of the State of New York (hereinafter referred to as COMMISIONER), and the TOWN OF YATES of ORLEANS COUNTY (hereinafter referred to as the MUNICIPALITY as follows:
WHEREAS, the COMMISSIONER and the MUNICIPALITY have entered into an Agreement NO. D009747 entitled “Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of TOWN OF YATES dated October 26,1995 and
WHEREAS, the term of the said Agreement is for a period of three years commencing on July 1, 1994 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year; and
WHEREAS the present term of the Agreement ,as extended, expires June 30,2014:and
WHEREAS, Section 7 of the said Agreement provides that the COMMISSIONER shall furnish the MUNICIPALITY with a suitable map for each term of the Agreement or for any extended term thereof, modified to show the changes, if any, to the State Highways affected by this Agreement.
WHEREAS, Section 9 of the said Agreement provides for an annual update of the estimated expenditures to be determined by the COMMISSIONER subject to the provisions of Section 9 at the time of the extension of the Agreement;
WHEREAS, Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based on the intensity and severity of the winter season;
NOW THEREFORE, in consideration of the mutual covenants and benefits between the parties.
WITNESSETH:
1-The aforementioned “Indexed Lump Sum Snow and Ice Agreement Between New York State Department of Transportation and the “MUNICIPALITY” is hereby extended for a period of one year; now to expire June 30,2015, unless further extended.
2-The State Highways or parts thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY, which shall be effective for the remainder of the term of the Agreement commencing July 1,2014 unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY.
3-All the terms and conditions of the original contract remain in effect t as follows. The indexed lump sum estimated expenditure specified in Section 9 of the aforementioned Agreement shall be $5,345.7680 per lane mile for 21.72 lane miles for a total of $116,110.68 for 2012/13 season and for the remainder of the term of the Agreement commencing July 1,2012, unless changed by future updates.
RESOLVED to authorize the Supervisor to sign Agreement with the State for Indexed Lump Sum Snow and Ice.
Offered by Councilman Bradley who moved its adoption.
Seconded by Councilman Freeman
Adopted 4 ayes;0 nays;1 absent (Bentley)
RESOLUTION
NO.30-1/13
RESOLUTION TO
APPOINT TOWN ENGINEER
WHEREAS, Chatfield
Engineers PC. Has shown interest in being appointed the Town of Yates Engineer
for the coming year, be it
RESOLVED, the Town
of Yates hereby appoints Chatfield Engineers PC as the Town of Yates Engineers.,
be it also
RESOLVED a copy of
the hourly rate for such engineering be attached to thses minutes.
Offered by
Councilman Bradley who moved its adoption
Seconded by
Councilman Freeman
Adopted. 4 ayes; 0
nays 1 absent (Bentley)
RESOLUTION NO.
31-1/13
RESOLUTION TO
AUTHORIZE SUPERVISOR TO SIGN ANIMAL CONTRACT WITH ORLEANS COUNTY
WHEREAS, the County
in consideration of the payment to it by the Town of the Sum of Money to be paid
in the manner and at the times hereinafter particularly described hereby
convenants and agrees as follows:
1-
The County
through its duly appointed agents and employees within the corporate limits of
the Town and County. Will carry out the duties and responsibilities of Animal
Control Officer in the enforcement of the provisions of Article 7 of the
Agriculture and Markets Law and any rules and regulations promulgated pursuant
thereto.
2-
The County
will provide and maintain a shelter or pound for seized dogs, will properly care
for all dogs in such shelter and will humanely euthanize or make available for
adoption seized dogs not redeemed as provided in Article 7 of the Agriculture
and Markets Law. Such shelter
shall, at all times during the term thereof, be under the care and charge of a
competent employee and shall be open to the public at reasonable hours.
3-
The County
will follow the provisions of Article 7 of the Agriculture and markets Law and
any rules and regulations promulageted pursuant thereto in relation to the
seizure, holding care, redemption and disposition of seized dogs.
4-
The County
will file and maintain a complete record of any seizure and subsequent
disposition of any dogs in the manner prescribed by the Commissioner of
Agriculture & Markets as well as any other records required by Article 7
5-
The county
will retain any impoundment fees and other monies collected in carrying out the
provisons of this agreement.
6-
In
consideration of the performance by the County of the terms of this agreement
the Town hereby agrees to pay the Orleans County Treasurer the sum of $1,940.46.
7-
In addition
to the sum set forth in paragraph 6 and remitted hereunder, when an appearance
ticket is issued by the Animal Control Officer for a violation of the provision
of Article 7 of the Agriculture and Markets Law or any local law or ordinance
and a fine is realized as a result of prosecution in the Town Court by the
animal Control Officer of theCounty, all moneys collected as fines or penalties
shall be remitted to the Orleans County Treasurer and shall become the property
of the County of Orleans. Such
moneys shall be used only for the controlling dogs and enforcing Article 7 of
the Agriculture and Markets Law and any rule, regulation, local law or ordinance
adopted thereto.
8-
The Town
shall pay the County the sum of money set forth in paragraph 6 in two (2) equal
payments, the first payment being due on or before July 1, 2013 and the second
payment being due on or before December 21, 2013.
9-
This
agreement shall obligate the County to provide the services herein through
December 31,2013
10-
Both parties
agree that the consideration to be paid to the County for the years after
expiration of this agreement shall be agreed upon by October 1st of
this agreement’s expiring year.
11-
This
agreement shall commence on January 1,2013 and terminate on December 31,2013.
Offered by
CouncilmanBradley who moved its adoption.
Seconded by
Councilman Harmer
Adopted. 4 ayes 0
nays 1 absent (Bentley)
RESOLUTION
NO.32-1/13
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as follows:
A-Account-General 25,777.17
B-Account-General 1,786.46
DA-Account 25,820.66
DB-Account 15,811.40
Water 2 Account 9,544.72
Water 4 Account 78,002.08
TOTAL 156,742.49
Seconded by Councilman Bradley
Adopted 4 ayes; 0 nays; 1 absent (Bentley)
Adjournment
Moved by Councilman Harmer , Whereas there is no new business to be brought before the Board that the meeting be adjourned at 7:25 P.M.
Seconded by Councilman Freeman
Town of Yates
Brenda B. Donald