A Public Hearing was held on December 2, 2010 at 7:00pm at the Town Hall Re: Proposed Local Law Amending Chapter 53 of the code of the Town of Rochester, Dog Law.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti Councilwoman Michailescu Councilman Spano Attorney Christiana
ABSENT:
Town Clerk Gundberg
PLEDGE:
Supervisor opened the meeting and Victor Melendez led the Pledge of Allegiance to the Flag.
Purpose: Supervisor Chipman stated the purpose of the Public Hearing is for The Town Board of the Town of Rochester hereby find and declare that the purpose of this local law is to provide for the licensing and identification of dogs.
Public Comment Period:
One resident asked where the fees would be sent. Another resident asked who monitors to see what dogs are licensed and the age a dog must be in order to be licensed.
PUBLIC HEARING CLOSED:
A Motion was made by Councilman Cilenti to close the hearing at 7:10pm.
Seconded by: Councilwoman Archer 5-0 aye, motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Town Board Meeting was held on December 2, 2010 at 7:10 pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti Councilwoman Michailescu Councilman Spano Attorney Christiana
ABSENT:
Town Clerk Gundberg
Supervisor Chipman called the meeting to order.
PUBLIC COMMENT PERIOD:
No comments made.
RONDOUT CREEK WATERSHED:
Victor Melendez Coordinator for the Rondout Creek Watershed, a Council that was created through funding by the DEC with the purpose to draft a watershed management plan with Rochester, Marbletown, Wawarsing, and Rosendale that will bring education awareness of water quality to the Towns and their recommendations.
APPROVAL OF MINUTES:
A Motion was made by Councilman Cilenti to approve the minutes of the 11/04/2010 Public Hearing; 2011 Budget, & 11/04/2010 Regular Town Board Meeting.
Seconded by: Councilwoman Michailescu motion carried
SUPERVISORS REPORT: filed with the Town Clerk.
CORRESPONDENCE RECEIVED:
Assessor’s Office filing deadline for all exemptions is March 1, 2011.
SUPERVISOR’S UPDATE:
Supervisor Chipman met with a gentleman from Central Hudson about a lighting program available. It is a funding program created to help with energy savings. Supervisor Chipman stated that the lights in the buildings would be replaced with more energy efficient lighting, at no cost to the Town.
LEGAL MATTERS:
Attorney Christiana updated the Board on an appeal filed with the County in reference to a Planning Board decision.
LIAISON REPORTS:
Councilwoman Archer: ECC: 1/13/2011 Gas Land a controversial film on Natural Gas Hydrofracking will be playing at the Accord Firehouse. The ECC would like for Boards permission to take out an ad in the paper for openings on the Commission, and discuss accomplishments of the Commission to generate interest of residents.
A Motion was made by Councilwoman Archer and seconded by Councilman Cilenti to authorize the ECC to place an ad in the newspaper to generate interests of the residents with the advertisement not to exceed $1000.00. 5-0 aye, motion carried
Councilman Cilenti: nothing to report
Councilwoman Michailescu: YC: no meeting held, HPC: A Tour of Apple Dorn Farm was scheduled.
Councilman Spano: nothing to report.
NEW BUSINESS:
LOCAL LAW # 4-2010: Amending Chapter 53 of the Town of Rochester Code Re:
Dog Licensing Law.
Resolution # 121-2010:
A Motion was made by Councilman Cilenti and Seconded by Councilman Spano that,
Be it Enacted by the Town Board of the Town of Rochester as follows:
Section 1 Authority:
This Local Law is enacted pursuant to the provisions of (Chapter 59; Part T of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home rule Law of the State of New York.
Section 2 Purpose:
The Town Board of the Town of Rochester hereby finds and declares that the purpose of this local law is to provide for the licensing and identification of dogs.
Section 3 Repeal
§53-5 of the Code of the Town of Rochester is repealed
Section 4 Amendment
§53-6 of the Code of the Town of Rochester is amended to read as follows:
Any person convicted of a violation of this Article and/or § 119 of the Agriculture and Markets Law shall be subject to a fine not exceeding $250.00 or imprisonment for a period not to exceed 15 days.
Section 5
There shall be a new Article III added to the Code of the Town of Rochester to read as follows:
ARTICLE III – DOG LICENSING
§53-10 Definitions:
All terms not specifically defined herein shall have the meaning assigned to such terms within §~108 of the Agriculture and Markets Law of the State of New York.
As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURE AND MARKETS LAW: The Agriculture and Markets Law of the State of New York in effect as of the effective date of this Chapter, as amended by this Chapter, and as thereafter amended.
IDENTIFICATION TAG – a tag issued by the Town Clerk which sets forth the identification number together with the name of the Town and State, the telephone number of the Town Clerk, and any other information deemed necessary by the Town Clerk.
OWNER – means any person who harbors or keeps any dog or other animal.
OWNER OF RECORD – means the person in whose name a dog was last licensed pursuant to this chapter.
PERSON – A person, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
RESIDENT — An individual who maintains a residence within the Town of Rochester, County of Ulster, State of New York.
Town – means the Town of Rochester, County of Ulster, State of New York
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.
§53-12 Licensing of Dogs
No person shall own or possess a dog within the Town unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law and laws of the Town.
All dogs within the Town that are four (4) months of age or older, unless otherwise exempted, shall be licensed. No license shall be required for any dog which is under the age of four months and which is not at large.
The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk of the Town a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town.
§53-13 Licenses issued by Animal Shelters and Pounds
The Town does not allow the licensing of dogs by a shelter. The shelter MUST send the adoptive dog owners to the Town Clerk of the Town or City in which the dog will be harbored for licensing OR to the Town Clerk of the Town, where the Shelter is located for the purchase of the license for adoption purposes.
§53-14 Proof of Vaccination against Rabies
Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog’s life in which case vaccination shall not be required.
§53-15 Term of License and Renewals
Each license issued pursuant to this local law, shall be valid for a period of one year and shall expire on the last day of the last month of the period for which it was issued. No license shall be issued for a period expiring after the last day of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed.
§53-16 Fees
(A) Individual Dog License Fee
$3.00 for a spayed or neutered dog
$11.00 for an unspayed or unneutered dog
(B) State Mandated Animal Population Control Surcharge
Each individual dog license for a spayed or neutered dog shall be subject to an Animal Population Control Surcharge in the amount of $1.00 payable at the time the dog license application is filed.
Each individual dog license for an unspayed or unneutered dog shall be subject to an Animal Population Control Surcharge in the amount of $3.00 payable at the time the dog license application is filed.
(C) Dog Enumeration Surcharge
Each dog found to be unlicensed during a Town dog enumeration, shall be subject to a $5.00 dog enumeration surcharge payable at the time of the application is filed to license said dog.
(D) Replacement Tag Fee
A replacement tag fee of $3.00 shall be charged to offset the costs associated with the provision and replacement of identification tags.
(E) Fee Exemptions
There shall be no fee for any license issued for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog, or therapy dog, all as defined in article 7 of the State Agriculture and Markets Law.
Each copy of any license for such dogs shall be conspicuously marked “Guide Dog,” “Hearing Dog,” “Service Dog”, “Working Search Dog”, “War Dog”, “Detection Dog”, “Police Work Dog,” or “Therapy Dog”, as may be appropriate, by the clerk.
(F) Use of Fees
All fees listed in this section and in Section 53-18 herein shall be utilized in funding the administration of the Dog Control Law of the Town of Rochester.
(G) Fee amendments
The Town Board may change the amount of the fees to be collected under this section and/or Section 53-18, herein, from time to time, by resolution
§ 53-17 Issuance of license; identification tag.
(A) Upon validation by the Town Clerk of the Town, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk of the Town. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof.
(B) No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately apply for a new license for the dog. A license cannot be transferred to another dog.
(C) Change of Ownership, Lost or Stolen Dogs
Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The original issued identification tag shall remain the same for the life of the dog.
In the event of a change in ownership of any dog which has been assigned an official identification number or in the event of a change of address of the owner of record of any such dog, the owner of record shall, within ten days of such change, notify the Town Clerk.
If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within ten days of the discovery of such loss or theft, notify the Town Clerk.
In the case of a dog’s death, the owner of record shall so notify the Town Clerk either prior to renewal of license or upon the time of such renewal.
(D) Identification tag.
- The Town Clerk shall assign a Town permanent official identification number to a dog when it is first licensed. Such identification number shall be carried by the dog on an identification tag, which shall be affixed to the collar of the dog at all times.
- An identification tag is not required to be worn while the dog is participating in a dog show.
- No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which the number has been assigned
- At the time a dog is first licensed, one identification tag shall be furnished to the owner at no additional charge. Any replacement tag shall be obtained by the owner at the owner’s expense. Any person wishing to replace a tag previously issued shall pay the sum of $3.00 dollars to the Town Clerk for a replacement tag.
§ 53-18 Purebred Dog License and Fee
The owner of one or more purebred dogs registered by a recognized registry association as defined in Agriculture and Markets Law, §108 may annually make an application for a purebred license, in lieu of or in addition to the individual licenses required by this local law. A purebred license shall be valid for a period of one year beginning with the first day of the month following the date of issuance and shall be renewable annually thereafter prior to the expiration date.
The purebred dog license application shall state the name, address and telephone number of the owner; the county and town where such dogs are harbored; the sex, breed, registry name and number of each purebred registered dog over the age of four months which is harbored on the premises; and the sex and breed of each purebred dog over the age of four months which is harbored on the premises and which is eligible for registration. The application shall also include a statement by the owner that all purebred dogs over the age of four months which are harbored on the premises have been listed.
The application shall be accompanied by the license fee prescribed by this local law and a certificate of rabies vaccination or statement in lieu thereof, as required by this local law and article 7 of the State Agriculture and Markets Law.
Upon receipt of the foregoing items, the clerk shall assign a license number, which shall be reserved for the sole use of the named owner, and shall issue a purebred license. Once a purebred license has been issued, no refund therefore shall be made.
The Town Clerk shall:
(i) Provide a copy of the purebred license to the owner;
(ii) Retain a record of the purebred license in the office of the Town Clerk.
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of subdivision one of this section, except when the new owner holds a valid purebred license.
Fees
$25.00, if no more than ten (10) registered purebred dogs or purebred dogs eligible for registration over the age of six (6) months are harbored on the owner’s premises at the time of the application;
$50.00, if no more than twenty-five (25) registered purebred dogs or purebred dogs eligible for registration over the age of six (6) months are harbored on the owner’s premises at the time of the application;
$100.00, if more than twenty-five (25) registered purebred dogs or purebred dogs eligible for registration over the age of six (6) months are harbored on the owner’s premises at the time of the application;
Each Purebred Dog License shall be subject to an Animal Population Control Surcharge in the amount of $3.00 payable at the time the dog license application is filed.
§ 57-19 Penalties
Any person convicted of a violation of this Article 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 6 Repeal of Inconsistent Local Laws or Ordinances:
This Local Law shall supersede all prior inconsistent Local Laws, Ordinances, Rules and Regulations relative to the licensing of dogs within the Town. All prior inconsistent Local Laws, Ordinances, Rules and Regulations shall be, upon the effectiveness of this Local Law, null and void.
Section 7 Severability Clause
The provision of this local law are declared to be severable, and if any section, subsection, sentence, clause or part thereof is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or part of this ordinance.
Section 8 Effective Date
This local law shall be effective January 1, 2011 after filing with the Secretary of State.
RAIL TRAIL:
Resolution # 122-2010:
A Motion was made by Councilwoman Archer and Seconded by Councilman Cilenti that,
Be it resolved that the Town of Rochester accept the conveyance of real property located in the Town of Rochester from the County of Ulster consisting of a portion of the O & W Railroad Right-of-way to allow continuation of the Rail Trail as expressed by Resolution 271 of November 16, 2010 passed by the Ulster County Legislature. Be it further resolved that the Town Board recognizes with great appreciation for the efforts of County Executive Mike Hein, UC Planning Dept Director Dennis Doyle, our Ulster County Legislators especially our own Terry Bernardo, and the rest of the Ulster County Legislature for making this conveyance in such a timely manner.
5-0 aye, motion carried
LOT LINE ADJUSTMENT FEE:
Resolution #123-2010:
A Motion was made by Councilman Cilenti that the application fee for lot line improvements/ adjustments and natural subdivisions be set at $ 150.00 per applications
Seconded by: Councilman Spano 5-0 aye, motion carried
YEAR END BUSINESS MEETING:
Resolution # 124- 2010:
A Motion was made by Councilman Cilenti to hold the Year End Business Meeting/ Audit Workshop Meeting on December 28, 2010 at 7pm at the Town Hall with the Town Clerk advertising the same.
Seconded by: Councilman Spano 5-0 aye, motion carried
COLLECTIVE BARGAINING AGREEMENT:
Resolution # 125-2010:
A Motion was made by Councilman Cilenti for the Town Board to approve the Collective Bargaining Agreement between the Town of Rochester and the international Brotherhood of Electrical Workers Union Local 363 with an effective date which runs form 1/1/2011 to 12/31/2013.
Seconded by: Councilman Spano 5-0 aye, motion carried
PUBLIC COMMENT PERIOD:
No comments made.
ADJOURNMENT:
A Motion was made by Councilman Cilenti to adjourn the meeting at 8:04 pm.
Seconded by: Councilman Spano motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on December 28, 2010 at 7pm at the Town Hall
PRESENT:
Supervisor Chipman Councilman Cilenti
Councilwoman Michailescu Councilman Spano Deputy Town Clerk Ferrara
ABSENT:
Councilwoman Archer Town Clerk Gundberg
APPROVAL OF BILLS:
A Motion was made by Supervisor Chipman to approve the following bills as audited this date
General Fund Abstract 12 of 2010 $ 106,544.91
Highway Fund Abstract 12 of 2010 $ 26,833.62
Street Lighting $ 396.57
Seconded by: Councilman Cilenti 4-0 aye, Archer- Absent
5 YEAR REAL PROPERTY REVAL PLAN:
The Board discussed the procedures of the 5 year Real Property Reval Plan. The first three years would consist of partial property inventories with the fourth year having a complete evaluation, the fifth year would reflect the property assessments.
Resolution # 126-2010:
A Motion was made by Supervisor Chipman to approve the 5 Year Real Property Reval Plan.
Seconded by: Councilman Cilenti
ROLL CALL VOTE:
Supervisor Chipman aye
Councilman Cilenti aye
Councilwoman Michailescu aye
Councilman Spano aye
4-0 aye, Archer- Absent
AUTHORIZATION OF TRANSFER OF 2010 BUDGET FUNDS:
Resolution # 127-2010:
A Motion was made by Supervisor Chipman for Board authorization to transfer all necessary funds left from the 2010 budget.
Seconded by: Councilman Spano 4-0 aye, Archer- Absent
ADJOURNMENT:
A Motion was made by Councilman Cilenti to adjourn the meeting at 7:40pm
Seconded by: Councilman Spano 4-0aye, Archer- Absent
Respectfully submitted,
Christina M. Ferrara
Deputy Town Clerk