Town of Yates
Regular Board Meeting
November 11,2010
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
Dan Wolfe, Code and Zoning
Lynne Johnson, Legislature
David Schubel, Attorney
Others:
Paul and Josette Lauze, Residents
Mr. And Mrs. Lauricella, Resident
William Jurinich, Resident
Russell Martino, Resident
Larry Wolfe, Resident
Privilege of the floor- Josette Lauze stated that the Lakeshore tax payers association has a web site, at lakshoregale.org
Paul Lauricella asked about dog law. He saw a public notice from Ridgeway and thought each dog would cost $50.00
The Town Clerk explained that 1-25 dog would be a purebred license and the cost would be for all of the dogs
RESOLUTION NO.86-11/10
RESOLUTION TO ACCEPT MINUTES
RESOLVED , to accept the minutes of the October 14 and October 28, 2010 Board Meeting as presented to each Board Member.
Offered by Councilman Bentley who moved its adoption.
Seconded by Councilman Harmer.
Adopted. 5 ayes; 0 nays
RESOLUTION NO.87-11/10
RESOLUTION TO ACCEPT THE PRELIMINARY BUDGET AS THE FINAL BUDGET FOR 2011
WHEREAS, a Public Hearing was held on October 28, 2010 for the Preliminary Hearing , and
WHEREAS, all persons requesting to be heard where heard. Either pro or con for the Preliminary budget, be it
RESOLVED, that the Preliminary Budget for the fiscal year January 1,2011 thru December 31, 2011, be adopted as the final budget for 2011.
Offered by Councilman Rutledge who moved its adoption.
Seconded by Councilman Harmer
Adopted. 5 ayes; 0 nays
Whereas
New York State Ag and Markets will not be sending dog license
renewals and the Town will have to take this over, We need a Local Law to
establish dog licensing. Local Law as Follows:
Town of
Village
Proposed Local Law No. 1
of the year 2010
A local law To Provide for Licensing Dogs In The
Town of Yates, New York
Be it enacted by the
Town Board of the
County
City
Town of
Village
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
RESOLUTION NO. 88-11/10
RESOLUTION TO HOLD PUBLIC HEARING
RESOLVED, to hold a Public Hearing on Local Law 1 of 2010 (Dog Licensing) on December 9,2010 at 7:00 P.M. at the Yates Town Hall, 8 South Main Street Lyndonville, NY
Offered by Councilman Bradley, who moved its adoption.
Seconded by Councilman Rutledge.
Adopted. 5 ayes; 0 nays
RESOLUTION NO. 89-11/10
RESOLUTION FOR CREATION OF WATER DISTRICT NO.4 PHASE 10
RESOLVED, that in accordance with the New York State Environmental Quality Review regulations (SEQR), the Town Board of the Town of Yates announces its intent to serve as Lead Agency to conduct an environmental review under Section 617.7 of the New York State Codes, Rules and Regulations (NYSCRR) of a project to establish the Town of Yates Water District No. 4 Phase 10. The creation of the proposed water district will allow for the extension of public water service along portions of Ward Road, Goodwin and Woodworth Road. The water system improvements will eventually involve the construction of approximately 12,450 l.f. of 6 inch and 8 inch watermain and will provide public water service to a total of 15 residential units and one business.
FURTHER RESOLVED, that the Town Board has determined that the proposed action is an “Unlisted Action” as defined under SEQR.
FURTHER RESOLVED, that the Town Board, in its capacity of Lead Agency, has caused to be prepared an environmental assessment of the significance of potential environmental impact of the above-listed action. The Town Board hereby accepts the environmental assessment of the proposed project prepared by Stuart I. Brown Associates Inc., dated November 11,2010. The Town Board further declares that, based on the environmental assessment which has been prepared, the project will result in no major impacts and therefore, will not cause significant damage to the environment. A Negative Declaration under SEQR is therefore issued for this project.
Offered by Councilman Harmer who moved its adoption.
Seconded by Councilman Rutledge.
Adopted. 5 ayes; 0 nays
Report of Town Officers:
Dan Wolfe Code and Zoning- Working on Camping regulations with the Planning Board. Checking Special Use Permits and doing Building Permits and Fire Safety Inspections
Councilman Bradley- Will be looking into possible street lights on some of the Town Road intersections. I will be looking at this with the Highway Superintendent.
Councilman Bentley- It is good to have the Townline Road Bridge complete.
Lynne Johnson-Legislator thanked Town Supervisors and Village Mayors for taking a stand to leave Sales tax as it is.
Josette Lauze stated that the Lakeshore Gale had a meeting and questioned if it would be possible, if the residents bought the snow fencing if they could get help putting it up, Maybe from the corrections Department.
Lynne Johnson- Legislator stated she will check into it.
Paul Lauze asked what could be done about neighbors dogs? Was told he could contact Kathy Smith the County Dog Control Officer at the Sheriff Department.
The County notified us that the terms for our representatives to the County Planning Board will expire on 12/31/2010
RESOLUTION NO.90-11/10
RESOLUTION TO APPOINT FULL TIME AND ALTERNATE TO COUNTY PLANNING BOARD
WHEREAS, the term for Gary Daum full time representative and Steve Freeman alternate
Representative to the County Planning Board will expire on December 31,2010, and
WHEREAS as both Gary Daum and Steve Freeman have completed their training, be it
RESOLVED that Gary Daum will be appointed full time representative and Steve Freeman will be alternate to the County Planning Board for a period of 3 years. This appointment will end 12/31/2013.
Offered by Councilman Bentley who moved its adoption.
Seconded by Councilman Rutledge.
Adopted. 5 ayes;0nays
RESOLUTION NO.91-11/10
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 30,330.47
B-account 889.22
DA-account 11,838.43
DB-account 2,603.60
Water 4 24,879.93
TOTAL 70,541.65
Offered by Councilman Rutledge who moved its adoption.
Seconded by Councilman Bradley.
Adopted. 5 ayes; 0 nays
Motion made by Councilman Rutledge, whereas there is no further business to be brought before the Board the Meeting be adjourned at 7:25 P.M.
Seconded by Councilman Bentley
Adopted 5 aye; 0 nays