Public Hearing on the 2011 Budget 6:30PM followed by the Public Hearing on the Local Law #1 of 2010, held at the Hadley Town Hall, 4 Stony Creek Road, Hadley, N.Y. 12835.
Supervisor Wright opened the Public Hearing and reviewed all totals amounts with the Public and answered all questions asked. Public Hearing was closed at 6:45PM
Supervisor Wright opened the Public Hearing pertaining to the Local Law #1 of 2010. All questions asked were answered. Public Hearing was closed at 6:56PM
Regular meeting of the Hadley Town Board, Thursday November 4th 2010 at 7PM
Members present: Supervisor Arthur Wright Councilwoman: Colleen DeMarsh
Councilman: Carl Lawrence James Brewster Charles Ovitt
Also present: Highway Superintendent, Joseph Monica, attorney: Raeann Johnson and Town Clerk: Pauline G. Smead
Motion was made by James Brewster seconded by Colleen DeMarsh to approve the minutes as written for the meeting held on Thursday September 14th 2010. All Ayes.
Motion was made by Charles Ovitt seconded by Carl Lawrence to approve these transfers
General: Transfer $604.04 from Code 6772.2 (Aging) to Code 6772.4 (Aging)
RE: Additional expense to Code. All Ayes.
Motion was made by Charles Ovitt seconded by Colleen DeMarsh to approve these transfers:
Highway: Transfer $654.76 from Code 5140.1 (Misc P/S) to Code 5110.1 (General Repairs P/S)
RE: Moving monies from A point one to A point One
Transfer: $32.63 from Code 5130.4 (Machinery) to Code 5140.4 (Brush & Weeds)
RE: Additional expense to Code. All Ayes.
RESOLUTION # 82 was made by a motion from Charles Ovitt seconded by Colleen DeMarsh.
BE IT RESOLVED that the Hadley Town Board have audited all pre-paid vouchers and all have been approved. All Ayes.
General: Abs. #45=$5,873.31 Highway: Abs. #22=$5,443.95 SW2: Abs. #22=$40.79 SW1: Abs. #23=$40.79 SS: Abs #26=$190.79
RESOLUTION # 83 was made by a motion from Colleen DeMarsh seconded by Charles Ovitt.
BE IT RESOLVED that the Hadley Town Board audited all vouchers and all were approved for payment. All Ayes.
General: $8,276.31 Highway: $8,390.81 SW1: $320.34
SW2: $1,537.84 Sewer: $579.83
Senior/Community Center: $202.36 Street Lights: $2,302.07
PUBLIC COMMENTS:
Mrs. Susan Wilder asked that the Christmas banners be put up along with the Town of Hadley banners and the tree light be put on the tree prior to December 4th tree lighting ceremony at 5PM.
The Town Board's folders consist of the Supervisor's monthly report and the Building Inspector's monthly report. Also included in their folders are a copy of the 2011 budget and a copy of the Local Law # 1 of 2010.
Highway Superintendent's report was verbal.
Mr. Monica informed the Town Board that the fall clean-up had gone well and all had been picked up but people always put leaves out after the fact so they will be picked up in the spring.
Mr. Monica asked the Supervisor if the Board wanted to discuss the purchase of a truck and Supervisor Wright informed him that they needed to review the funds available.
Supervisor's report was verbal. He informed the Town Board and the public that First Avenue would be blocked off Tuesday the 9th of November as Mr. Hollis Wood will be installing a new doublewide trailer so to please be advised that there will be detour signs for the public.
Supervisor Wright also stated that a new member would be appointed to the Cemetery Board
Supervisor Wright also stated that a he signed a contract to have a survey done by David Barrass Land Surveyor on the property behind Mollie's Mason Jar and also a search will be done by Bay Street Abstract to determine if the road belongs to the Town of Hadley. This process will cost the Town approximately $1,500.
The Supervisor announced the meetings at the Senior/Community Center for Osteoporosis Monday and Wednesday at 1PM for anyone over 55 years of age.
Supervisor Wright stated that Councilman James Brewster was doing a great job on the Pavillion at the Senior/Community Center. Weather permitting, the roof will be done next week. He stated that he had spoken to the electrician to do the light hopefully before the ground freezes. Once the Pavillion is finished the work will resume in the basement of the Center and anyone is welcome to help.
Supervisor Wright asked the Highway Superintendent for top soil to be delivered around the Pavillion so this would be ready to hydro seed in the spring. Also work needs to be done behind the building before winter.
Town Clerk's report: Revenues: $5,018.00
Disbursements: DEC: $4,608.95
Ag. & Markets: $15.00
County Treasurer: $31.72
Supervisor: $362.33
The Town Clerk reminded everyone about the breakfast at the Senior/Community Center on Saturday November 13th, hosted by Mr. & Mrs. Joseph Monica from Maple Valley Farms. The cost is $8.00 per ticket which the Town Clerk has available and also Midge Reib.
PUBLIC COMMENTS ON ITEMS DISCUSSED
Mrs. Susan Wilder asked about the asked about the triangle between the Golf Course and Mollie's. Supervisor Wright explained to her that this survey was not for that section it was for the road behind Mollie's and the camps.
Mrs. Reib also asked about a closure for the Gas Grill.
Supervisor Wright stated that they will probably purchase a small shed to accommodate the Grill.
Collette Whitney asked why this process was taking place pertaining to the Survey being done.
The Supervisor explained that a 911 number had been requested and this caused a concern as this was always summer camps and now that a permanent home has been established this became a concern as the road needs to be plowed and a home which would be landlocked. This will determine who the road belongs to and what is the Town's responsibility.
RESOLUTION # 84 was made by a motion from Carl Lawrence seconded by Charles Ovitt.
BE IT RESOLVED that the Hadley Town Board hereby appoints Forest Hartley as a member to the Cemetery Board. All ayes.
RESOLUTION # 85 was made by a motion from Charles Ovitt seconded by Colleen DeMarsh
BE IT RESOLVED that the Hadley Town Board hereby appoints Robert Haak Sr. as Justice to fill the position of Ronald Waite until the next Election at which time he will have to run for the elected position. All Ayes.
RESOLUTION # 86 was made by a motion from Charles Ovitt seconded by Colleen DeMarsh.
BE IT RESOLVED that the Hadley Town Board adopts the 2011 Budget in the amount of $2,699,172.34. Estimated Revenues: $1,164,176
Appropriated Fund Balance: $60,000
Tax Levy: $1,474,996.34
TOTAL BUDGET: $2,699,172.34 All Ayes.
RESOLUTION # 87 was made by a motion from Carl Lawrence seconded by Colleen DeMarsh.
BE IT RESOLVED, that the Hadley Town Board hereby adopts Local Law # 1 of 2010. All Ayes.
TOWN OF HADLEY
LOCAL LAW NUMBER 1 OF YEAR 2010
"Dog Control Law for the Town of Hadley"
BE IT ENACTED by the Town Board of the Town of Hadley, County of Saratoga, State of New York, as follows:
SECTION 1: PURPOSE
The Town Board of the Town of Hadley finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons, damage to property and has created nuisances within the Town. The purpose of this Local Law is to protect the health, safety and well being of persons and property by imposing restrictions on the keeping and running at large of dogs within the Town.
SECTION 2: AUTHORITY
This Local Law is enacted pursuant to the provisions of Article 7, Chapter 59; Part T of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
SECTION 3: TITLE
The title of this Law shall be Dog Control Law of the Town of Hadley.
SECTION 4: DEFINITION OF TERMS
As used in this Local Law the following words shall have the following respective meanings:
•(a) "Dog" means male and female, licensed and unlicensed, members of
the species canis familiars.
•(b) "Owner" means person entitled to claim lawful custody and possession of a dog who is responsible for purchasing the license for such dog unless the dog is or has been lost, and such loss was promptly reported to the dog control officer and a reasonable search has been made. If a dog is not licensed, the term owner shall designate and cover any person or persons, firm, association or corporation, who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept, brought or comes within the Town. Any person owning or harboring a dog for a period of one (1) week prior to filing any complaint charging a violation of this Local Law, shall be held in and deemed to be the owner of any dog found to be in violation of this chapter, for purposes of this chapter.
(c) "Run at Large" means to be in a public place or on private land without
the knowledge, consent and approval of the owner of such lands.
(d) "Town" means the Town of Hadley.
SECTION 5: RESTRICTIONS
It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:
•(a) Run at large unless the dog is accompanied by its owner or a
responsible person and under the full control of such owner or person.
For the purpose of this Local Law, a dog or dogs hunting in the
company of a hunter or hunters shall be considered as accompanied by
its owner.
•(b) Engage in habitual and loud howling, barking, crying or whining or
conduct as to unreasonably and habitually disturb the comfort or
repose of any person other than the owner of such dog.
•(c) Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog. Uproot, dig, or otherwise damage any vegetables, lawns flowers,
garden beds or other property without the consent or approval of the
owner.
•(d) Chase, jump upon or at or otherwise harass any person in such manner
as to reasonably cause intimidation or fear or to put such person in
reasonable apprehension of bodily harm.
•(e) Habitually chase, run alongside of or bark at motor vehicles,
motorcycles or bicycles while on a public street, highway, or place, or upon private property without the consent or approval of the owner of such property.
•(f) Create a nuisance by defecating, urinating or digging on public property, or on private property without the consent or approval of the owner of such property.
SECTION 6: LICENSING OF DOGS
•(a) All dogs in the Town of Hadley must be licensed with the Town Clerk
by the age of 4 months and are required to present a current Certificate
of Rabies at the time of licensing or the renewal of an existing license.
•(b) All dog licenses will be for a period of one year and will expire at the
end of the month one year from the date of issue.
•(c) Fees for Licensing of Dogs:
The fee for a spayed or neutered dog will be $5.00, (which includes a $1.00 surcharge for the purpose of carrying out animal population control). The fee for an unsprayed or unneutered dog will be $13.00, (which includes a $3.00 surcharge for the purpose of carrying out animal population control). In the case of a dog which has been spayed or neutered, the application shall also be accompanied by a certificate signed by a licensed veterinarian or affidavit signed by the owner, showing that the dog has been spayed or neutered.
•(d) Purebred License: the Town of Hadley will not be issuing Purebred or Kennel Licenses. All dogs will be licensed individually as per fee system stated above.
•(e) Service Dogs: A license for any guide dog, service dog, hearing dog or detection dog is required, but no license fee shall be charged.
•(f) The Town of Hadley hereby authorizes the Saratoga County Animal Shelter, acting by its Supervisor, to provide, accept and grant an application for a dog license at the time of the adoption of a dog from the Saratoga County Animal Shelter. The license shall be issued for a period of one year. Subsequent renewals of the license shall be done by the municipality within which the dog is harbored.
•(g) All dog licenses may be purchased and obtained by visiting the office of the Town Clerk or by regular mail or at the Saratoga County Animal Shelter as specified in Section 6(f). When licensing or renewing a license by mail, the appropriate fee must accompany the forms. Fees are non-refundable.
•(h) Fees for Seizure of Dogs: The fee for seizure and impoundment of dogs in violation of this law or the Laws of the New York State Department of Agriculture and Markets Law are as follows: First offense: the same impoundment and euthanasia fees per animal that are charged to the town for such service. Second offense: $60.00 plus the same impoundment and euthanasia fees per animal that are charged to the town for such service.
•(i) Enumeration: When the Town Board determines the need for a dog enumeration, the Animal Control Officer is hereby authorized to conduct such enumeration by whatever method he deems necessary, including by mail. The Town Board may assess a fee to dogs found unlicensed or un-renewed at the time the enumeration is conducted.
SECTION 7: SEIZURE OF DOGS
Any dog found to be running at large or any dog found in violation of paragraphs (a) - (f) of Section 5 of this Local Law, whether licensed or unlicensed, shall by seized by the Animal Control Officer and such dog shall be properly fed and cared for until redeemed by the owner, adopted or disposed of as provided by Section 118 of the Agriculture and Markets Law.
SECTION 8: DUTIES OF ANIMAL CONTROL OFFICER
An animal control officer designated by the Hadley Town Board, as provided by Section 114 of the Agriculture and Markets Law, may enforce the provisions of this Local Law and may also investigate and report to the Town Justice of any dangerous dog, as described in Section 121 of the Agriculture and Markets Law, and see that the order or orders of the Town Justice in such case are carried out. The animal control officer or shall issue and serve an appearance ticket for a violation of this Local Law.
SECTION 9: FILING OF COMPLAINTS
Any person who observes a dog in violation of this Local Law may file a signed complaint, under oath, with the Town Justice of the Town of Hadley specifying the nature of the violation, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner of such dog. Such complaint may serve as a basis for enforcing the provisions of this Local Law.
SECTION 10: PENALTIES
Any person convicted of a violation of this Local Law shall be liable for a civil penalty of twenty-five Dollars ($25.00) for a first violation; of Fifty Dollars ($50.00) for a second violation; and Seventy-five Dollars ($75.00) for each subsequent violation.
SECTION 11: SEVERABILITY
Each separate provision of this Local Law shall be deemed independent of all other provisions herein and if any provisions shall be deemed or declared invalid by a court of competent jurisdiction, all other provisions hereof shall remain valid and enforceable.
SECTION 12: REPEALER
This Local Law shall supersede all prior Local Laws, Ordinances, Rules and Regulations relative to the control of dogs within the Town of Hadley, and they shall be upon the effectiveness of this Local Law, null and void.
SECTION 13: EFFECTIVE DATE
This Local Law shall be effective January 1, 2011 after filing with the Secretary of State.
Supervisor Wright stated that Councilman James Brewster was doing a great job on building the Pavillion at the Senior/Community Center.
Councilman Brewster asked Highway Superintendent Monica if the Sewer beds would be taken care of this year and he was informed that the beds were draining sufficiently.
Motion was made by James Brewster seconded by Colleen DeMarsh to adjourn this meeting at 7:30PM. All Ayes.
Councilman Ovitt stated that he had received a copy of the specs for a new truck but discussions need to take place pertaining to the financial aspect.
Next Town Board meeting: Thursday December 9th at 7PM
Pauline G. Smead
Town Clerk
