TOWN OF YATES
REGULAR BOARD MEETING
FEBRUARY 10,2011
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
Jerry Rutledge-Councilman
Bradley Bentley, Councilman
Brenda Donald-Town Clerk
Roger Wolfe-Superintendent Highway/Water
Michele Harling-Assessor
Daniel Wolfe-Code/Zoning Officer
David Schubel-Town
Attorney
OTHERS Larry Wolfe-Resident
William Jurnich-Resident
Josette Lauze-Residents
Paul Lauricella-Resident
Don Lamay,
Planning Board Chairman
RESOLUTION NO. 32-2/11
RESOLUTION TO ACCEPT
THE MINUTES OF THE JANUARY 13,2011 MEETING
RESOLVED, to accept the minutes of January 13,2011 meeting as presented to each Board Member.
Offered by Councilman,Rutledge who moved its adoption. .
Josette Lauze I would like to apologized for an e-mail that had an improper remark circulating among people. I do not know the person who sent it out. It was found out that it was a mistake .
RESOLUTION NO. 33-2/11
RESOLUTION AUTHORIZING THE SUPERVISOR TO SIGN A DOG CONTRACT WITH THE COUNTY FOR 2011
WHEREAS, the Town has always paid a certain amount of dog license fees to the County to help with the expenses for the County Dog Control Officer, the County animal shelter, as follows:
TOWN ANIMAL CONTRACT
Made as of the 1st day of January 2011 pursuant to the provisions of the Agriculture and Markets Law of the State of New York, by and between the Town of Yates, a municipal corporation in the State of New York, herein after referred to as the “Town”.party of the first part; and Orleans County. A municipal corporation in the State of New York, hereinafter referred to as the “County,” party of the second part.,
WITNESSETH:
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 covenants 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 hereof, 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 & Markets Law and any rules and regulations promulgate 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 dog in the manner prescribed by the Commissioner of Agriculture & Market as well as any other records required by Article 7.
5-In the case of a seized dog being redeemed or a dog being otherwise adopted or obtained from the Orleans County Animal Shelter or pound the Town authorizes that license application may be made to the County dog control officer in charge of such facility on behalf of the municipality in which the prospective owner resides and the dog will be harbored pursuant to subdivision (b) of section one hundred nine of Article 7 of the Ag and Market Law.
6-The County will retain any impoundment fees and other monies collected in carrying out the provisions of this agreement.
7-In consideration of the performance by the County of the terms of this agreement the Town hereby agrees to pay the Orleans County Treasurer 68% of local fees established pursuant to subdivision one of section one hundred ten of Article 7 of the Agriculture and Market Law collected each month during the term of this agreement. Local fees for purposes of this agreement excludes the mandatory surcharge imposed by subdivision three of section one hundred ten for the purposes of carrying out animal population control efforts as provided in section one hundred seventeen-a of Article 7.
8-In addition to the dog license fees collected 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 & Market 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 the County, 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 controlling dogs and enforcing Article 7 of the Agriculture and Markets Law and any rule, regulations, local law or ordinance adopted thereto.
9-The Town shall pay the County the money set forth above on or before the last day of each month during the term of this agreement.
10-This agreement shall apply to the issuance of all dog licenses during the term of this agreement. The consideration to be paid to the County as stated in paragraph 7 above applies to the dog license local fees collected during the term of this agreement. This agreement shall obligate the County to provide the services herein through December 31,2011.
11-Both parties agree that the fees to be paid to the County from dog license fees for the years after expiration of this agreement shall be agreed upon by October 1st of this agreement’s expiring year.
12-This agreement shall commence on January 1,2011 and terminate on December 31,2011
BE IT RESOLVED, the Supervisor of the Town of Yates shall sign the above agreement.
Offered by Councilman Bradley who moved its adoption.
Seconded by Councilman Rutledge.
Adopted. 5 ayes; 0 nays
RESOLUTION NO.34-2/11
PROPOSAL FROM LIME ENERGY FOR UPGRADING LIGHTING
WHEREAS, Lime energy has presented the Town of Yates with a proposal for upgrading the lighting in the Town Hall and Highway Garage., that is supposed to be funded by National Grid and the Town of Yates, be it
RESOLVED, that if National Grid confirms their portion of this upgrade, the Supervisor be authorized to sign such proposal. Be it
FURTHER RESOLVED payment shall not exceed the lump sum limit of $3,075.60
Offered by Councilman Bradley who moved its adoption
Seconded by Councilman Rutledge.
Adopted. 5 ayes; 0 nays
Assessor-will be working on a list for the Office of the aging, they work with me to contact older people to file the exemptions.
The tentative tax roll is suppose to be online this year
Supervisor-would like to thank Roger and his crew for the job they have done keeping the roads clear.
Highway Superintendent- the State has kept CHIPS money in the budget, but this can change at any time.
State has said they found money to pay for mowing of State highways last year
Lynne Johnson- Legislator- was in Albany for meetings we have asked for relief on State mandates if the State is not going to support these mandates. Thanked Town Clerk for helping on dog contract
William Jurinich asked about the County wide Cable
Supervisor Belson said it does not look good at this time. For a county wide contract
RESOLUTION NO.35-2/11
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as follows:
A-Account $21,820.90
B-Account $ 739.22
DA-Account $23513.95
DB-Account 658.37
Water 4 Account 44,130.70
Fire Account $40,950.00
TOTAL $131,813.14
Offered by Councilman Rutledge, who moved its adoption
Seconded by Councilman Bentley
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
Town of Yates
Brenda B. Donald
Town Clerk