Town of Yates
Regular Board Meeting
Public Hearing
December 9,2010
The Supervisor opened the meeting at 7:00 P.M at the Town Hall, 8 South Main Street Lyndonville New York.
Those Present: John Belson, Supervisor
Brad Bentley, Councilman
Jerry Rutledge Councilman
Wes Bradley, Councilman
Rick Harmer, Councilman
Brenda Donald, Town Clerk
Michele Harling, Assessor
Lynne Johnson, Legislature
David Schubel, Attorney
Others:
William Jurinich, Resident
David Callard-Legislature
Larry Wolfe, Resident
The Public Hearing for local law No.1 of 2010 to provide for licensing dogs in the Town of Yates NY was opened at 7:00 P.M.
All persons wishing to be heard were allowed to be heard.
RESOLUTION NO.92-12/10
RESOLUTION TO CLOSE PUBLIC HEARING
RESOLVED WHEREAS, all persons were heard pro and con for the Local Law # 1 of 2010 be it
RESOLVED the Public Hearing for Local Law 1 of 2010 be closed at 7:10 PM
Offered by Councilman Bradley who moved its adoption.
Seconded by Councilman Rutledge
Adopted 5 ayes; 0 nays.
RESOLUTION NO.93-12/10
RESOLUTION TO ACCEPT MINUTES
RESOLVED , to accept the minutes of the November 11, 2010 Board Meeting as presented to each Board Member.
Offered by Councilman Bentley who moved its adoption.
Seconded by Councilman Rutledge.
Adopted. 5 ayes; 0 nays
RESOLUTION NO. 94-12/10
RESOLUTION TO ADOPT LOCAL LAW 1 OF 2010
WHEREAS, a public hearing was held on December 9, 2010 in order to hear all responses to this local law, and
WHEREAS, no persons requested to be heard, be it
RESOLVED, Local Law 1 of 2010(To provide for licensing dogs in the Town of Yates, New York) be adopted as follows:
SECTION I - Purpose
The purpose of this Local Law is to provide for the licensing and identification of dogs in the Town of Yates by rescinding Yates Local Law No. 2 of 1985 and Local Law No. 1 of 1990 establishing local license types and new fee structures pursuant to the State of New York’s dissolved interest in dog licensing, except for the animal population control fees.
SECTION II - Authority and Territorial Application
This Local Law is enacted
pursuant to the provisions of Article 7 of the Agriculture and Markets Law and
shall apply in all areas of the Town of
SECTION III - Title
This Law may be referred to as
the "Dog Licensing Law of the Town of
SECTION IV – Definitions
As used in this Local Law the following words shall have the following respective meanings:
1. Dog: Dog shall mean male and female, licensed or unlicensed, members of the species Canis familiaris.
2. Harbor: To provide food and shelter to any dog.
3. Owner: Includes any person who owns, keeps or harbors, or has care of a dog. Dogs owned by minors shall be deemed to be in the custody and control of the minor's parents or other head of the household, parent or guardian with which such person resides.
SECTION V – Licensing & Identification Provisions
All dogs age 4 months and above, harbored in the Town of Yates, shall be licensed in the municipality pursuant to the fees set forth below. The fees may be amended by Resolution of the Town Board from time to time as provided in Section VI.
A.) The Town of
B.) Commencing January 1,2011 the license fees for dogs shall be
(a) Spayed or neutered dogs $2.50 plus $3.50 local fee plus,$1.00 to Ag & Markets=$7.00
(b)Unspayed or unneutered $7.50 plus$4.50 local fee plus $3.00 to Ag & markets=15
(c) Purebred 1-10 dogs $25.00 plus $5.00 local fee plus $1.00 for each spayed /neutered and $3.00 for each unsprayed/unneutered to Ag and Markets
(d)Purebred 11-25 $50.00 plus $10.00 local fee plus $1.00 for each spayed/neutered and $3.00 for each unsprayed unneutered to Ag and Markets.
(e)A $2.00 fee will be charged for second notices for dogs that are not licensed by the end of the month they are due.
(f) If second notice is disregarded an appearance ticket shall be issued
(g) Replacement tags shall be $3.00 each
C.) All dogs 4 months of age must be licensed and have valid rabies vaccinations.
D.) If dogs are reported in a census year that have not been licensed before there will be a $5.00 enumeration fee.
E.) If dog owners ignore the second notice, appearance tickets will be issued , at which time the court may Place a fine to the dog owner for a minimum of $25.00 to a maximum of $100.
SECTION
VI – Authority to Set Dog License Fees by Resolution of the Town Board
Pursuant to the Municipal Home Rule
Law, by the adoption of this local law, the Town of
SECTION VII–
Exceptions
Guide dogs and other service
dogs harbored within the Town of
Any dog harbored within the Town of Yates which is owned by a resident
of New York City, licensed by the City of New York, or which is owned by a
non-resident of New York State and licensed by a jurisdiction outside the State
of New York, shall for a period of thirty (30) days be exempt from the
licensing and identification provisions of this local law.
SECTION VIII – Funds to be Expended
by Municipality
1. Pursuant to Article 7 of the NYS Agriculture
& Markets Law, the Town Clerk shall forward all Surcharges collected for
the Animal Population Control fund to the address specified by the State of
2. The Town of
SECTION IX - Effective Date January 1, 2011
Moved by Councilman Rutledge who moved its adoption.
Seconded by Councilman Harmer
Adopted 5 ayes; 0 nays
RESOLUTION NO.95-12/10
SEQR RESOLUTION-INTENT TO DECLARE LEAD AGENCY STATUS
RESOLVED, that in accordance with the New York State Environmental Quality Review (SEQR) regulations, the Town Board of the Town of Yates hereby announces its intent to serve as Lead Agency to conduct an environmental review of public water supply improvements to serve the Town of Yates Water District No. 4 Phase 10. The projects consists of the installation of approximately 12450 linear feet of watermain along portions of Ward Road, Goodwin Road and Woodworth Road.
FURTHER RESOLVED, The Town Board has determined that , as a portion of the project is located within an Orleans County Agricultural District, the proposed action is a Type I action as defined under SEQR: and, be it
FURTHER RESOLVED, that The Town Board hereby accepts the Environmental Assessment of this project, prepared by Stuart I. Brown Associates, Inc. and be it
FURTHER RESOLVED, the Town Board will notify the Involved Agencies of its intention to act as Lead Agency for this project and will provide them with a copy of the full Environmental Assessment Form. The Town Board further declares that, based on the Environmental Assessment which has been prepared, it finds that the project will result in no significant damage to the environment. Therefore the Town Board does not anticipate the preparation of an Environmental Impact Statement for the project. Further, the Town Board hereby states its intent to issue a Negative Declaration under SEQR for the project, pending review by Involved Agencies.
Offered by Councilman Rutledge who moved its adoption.
Seconded by Councilman Harmer
Adopted 5 ayes; 0 nays
RESOLUTION NO.96-12/10
RESOLUTION STATEMENT OF INTENT FOR WATER DISTRICT 4PHASE 10
WHEREAS, the Town Board has submitted a Preliminary Eligibility Determination (PED) to Rural Development (RD) for funding to enable the Town to extend public water to serve the area designated as Service area 10 Water District No.4, and
WHEREAS, RD has determined that the project, which has a total capital cost of $604,000, is eligible for a grant of $377,000 and a loan of $277,000,and
WHEREAS, the PED has received a rating of 100 points, and
WHEREAS, the Town Board is committed to taking steps to increase the rating score and the project’s competitive chances to obtain funding from RD, and
WHEREAS, the Town’s score may be increased if the Town is able to obtain and commit other funds to the project.
NOW THEREFORE BE IT RESOLVED, that the Town Board hereby commits it will provide not less than five (5) percent of the total capital cost of the project, or $31,000, from sources other than RD to undertake the project. Such funds are to be borrowed by the Town for the proposed public water extension and repaid by property owners within the water district.
Offered by Councilman Bentley who moved its adoption.
Seconded by Councilman Harmer
Adopted 5 ayes; 0 nays
RESOLUTION NO.97-12/10
RESOLUTION AUTHORIZING THE SUPERVISOR TO SIGN AND AGREEMNT WITH ORLEANS COUNTY OFFICE OF THE AGING
WHEREAS, the Town of Yates has in the past provided a place for persons over 60 to eat lunch provide by the County Office of the aging be it
RESOLVED, the Supervisor shall sign an agreement with Orleans County Office of the Aging for use of building space on Monday, Tuesday and Thursday from 10 A.M until 2 P.M..
BE IT FURTHER RESOLVED, a copy of this agreement be attached to these minutes.
Offered by Councilman Bentley who moved its adoption.
Seconded by Councilman Rutledge.
Adopted. 5 ayes; 0 nays
RESOLUTION NO. 98-12/10
RESOLUTION TO SET YEAREND MEETING
RESOLVED to set December 27, 2010 at 1:00 PM as the yearend meeting date.
Offered by Councilman Bradley who moved its adoption.
Seconded by Councilman Rutledge.
Adopted. 5ayes; 0nays
Report of Town Officers
Assessor- will be sending out exemption notices January 1, 2011 for Star Aged and Ag .
Supervisor-
A check has been received in the amount of $78,000 from the estate of Doris Houghton from Florida to be used in the Lynhaven Cemetery. Doris was born in the Town of Yates and has contributed to the Lynhaven Cemetery in the past. The money will be placed in a special account to be used only for the Cemetery
Letter received from Brian Napoli of Ridgeway stating he has contacted Invenergy LLC for information on windmills.
Letter received from Board of elections stating old voting machines can be dispose of.
Letter received from Time Warner stating rates will increase in January
David Callard from the Legislature thanked Supervisor Belson for attending the county meeting .
Bill Jurnich asked that resident attend the merger meeting between Barker and Lyndonville school district on December 14,2010 at 7:00 PM.
Councilman Bradley mentioned he has checked the roads east of Route 63 to see where street lights might be placed for safety reasons. Councilman Bradley will be checking the West side of 63 in the next week or so.
RESOLUTION NO.99-12/10
RESOLUTION TO PAY VOUCHERS
WHEREAS, all vouchers have been reviewed by the Town Board be it
RESOLVED, the vouchers shall be paid as follows:
A-account 50,226.31
B-account 2339.22
DA-account 60,471.65
DB-account 12,452.67
Water 4 22,890.33
TOTAL 149,320.22
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 the Meeting be adjourned at 7:25 P.M.
Seconded by Councilman Harmer
Adopted 5 aye; 0 nays
TOWN OF YATES
YEAREND MEETING
December 27,2010
The meeting was called to order by the Supervisor at 1:00 P.M. at the Town Hall, 8 South Main Street, Lyndonville, NY
THOSE OFFICERS PRESENT: John Belson-Supervisor
Jerry Rutledge-Councilman
Wes Bradley-Councilman
Bradley Bentley-Councilman
Brenda Donald- Town Clerk
RESOLUTION NO.100-12/10
RESOLUTION TO ACCEPT MINUTES
RESOLVED , to accept the minutes of the December 9, 2010 Board Meeting as presented to each Board Member.
Offered by Councilman Rutledge who moved its adoption.
Seconded by Councilman Bradley.
Adopted. 4ayes; 0 nays 1 absent(Harmer)
RESOLUTION NO.101-12/10
RESOLUTION TO ALLOW JUSTICE GRABOWSKI TO ATTEND TRAINING IN NEW YORK CITY
WHEREAS, Justice Grabowski needs to complete training every year and be certified as a Justice, and has asked to attend the training session in New York City in February 2011, be it
RESOLVED, the Town Board hereby approves the training session in New York City for Justice Grabowski.
Offered by Councilman Bentley who moved its adoption.
Seconded by Councilman Rutledge.
Adopted. 4 ayes; 0 nays 1 absent (Harmer)
The need for transfers in some of the account is needed. The Town Board has reviewed the Transfer as follows:
|
FROM |
|
TO |
||||
|
1989.4A |
UNCLASSIFIED |
912.18 |
|
19104A |
INSURANCE |
3293.49 |
|
19904A |
CONTINGENT |
2381.31 |
|
|
|
|
|
19904A |
CONTINGENT |
325.81 |
|
12204A |
SUPERVISOR |
325.81 |
|
19904A |
CONTINGENT |
1792.88 |
|
|
|
|
|
14204A |
LAW |
1000 |
|
|||
|
13554A |
ASSESSMENT |
1610.62 |
|
90608A |
HOSPITAL |
4403.5 |
|
51104DA |
DRAINAGE |
2611.86 |
|
90608DA |
HOSPITAL |
2611.86 |
|
51104DB |
ROAD MAINTENANCE |
3701.74 |
|
90608DB |
HOSPITAL |
3701.74 |
|
90558A |
DISABILITY |
511.07 |
|
90308A |
SOCIAL SECURITY |
400 |
|
|
|
|
|
90358A |
MEDICARE |
111.07 |
|
90558SW4 |
DISABILITY |
63.88 |
|
90358SW4 |
MEDICARE |
63.88 |
|
83894SW2 |
REPAIR |
911.85 |
|
83204SW2 |
SOURCE AND SUPPLY |
911.85 |
|
15823.2 |
0 |
0 |
0 |
15823.2 |
RESOLUTION NO.102-12/10
RESOLUTION TO ALLOW TRANSFER IN ACCOUNTS AS NEEDED
WHEREAS all transfers have been reviewed by the Town Board, be it
RESOLVED, the Bookkeeper shall make the transfers as needed, be it
FURTHER RESOLVED, that if additional transfers are needed, that the bookkeeper will be allowed to make them, an report this to the Town Board.
Offered by Councilman Rutledge who moved its adoption.
Seconded by Councilman Bradley
Adopted. 4 ayes;0 nays; 1 absent (Harmer).
RESOLUTION NO.103-12/10
RESOLUTION TO PAY VOUCHERS
WHEREAS, all vouchers have been reviewed by the Town Board be it
RESOLVED, the vouchers shall be paid as follows:
A-account 19,796.04
B-account 739.22
DA-account 15,947.15
DB-account 2,000.00
Water 4 25,511.76
TOTAL 63,994.17
Offered by Councilman Rutledge who moved its adoption.
Seconded by Councilman Bradley.
Adopted. 4 ayes; 0 nays 1 absent (Harmer)
Motion made by Councilman Rutledge, whereas there is no further business to be brought before the Board the Meeting be adjourned at 2:00 P.M.
Seconded by Councilman Bradley
Adopted 4 aye; 0 nays 1 absent (Harmer)