board meeting agenda-minutes

Town of Minerva
Public Hearing
Board Meeting
Agenda
Town of Minerva
Stephen McNally, Supervisor
Douglas McCall, Councilman
Keith Dubay, Councilman
David LaBar, Councilman
Keith Iversen, Councilman
Bruce McGinn, Highway Superintendent
Diana Mason, Town Clerk
PO Box 937,
5 Morse Memorial Highway
Minerva, NY 12851
518-251-2869 (phone)
518-251-5136 (fax)
http://www.townofminerva.com
Public service is a privilege. Thank you
for allowing us to serve you.
Thank you for attending tonight’s town
board meeting. We will hold two
public comment periods. The first, at
the beginning of the meeting, will be
limited to 10 minutes. The second, at
the end of the meeting, will be as long
as it needs to be.
Public comment, like public service, is
a privilege. Thank you in advance for
sharing your questions and concerns
and for respecting your neighbors who
are here as a member of the public or
as a member of the board.
The Town of Minerva reserves the right
to enter into executive sessions to
consider issues allowable under the
New York State Open Meetings Law.
We will do our best to schedule those
at the end of the meeting for the
convenience of those attending. There
may be times when it will be prudent
for us to enter executive session earlier
in the evening. We apologize in
advance for any inconvenience that
this may cause to those attending our
meetings.
Corresponding meeting material is
located in the blue binder and on
our web page. We would be happy
to make copies upon request during
normal business hours.
Town of Minerva Bi-monthly Town Board Meeting
January 15, 2014
Public Hearing Animal Control Law
Pledge of Allegiance
Roll Call
Public Comment
Guest
*Mark Carpenter
Approval of January 2 meeting minutes
Correspondence
* Press Release – Upper Hudson Recreation Grant
Financial Report
- Operating Statements
- Audit of Vouchers
- 2014 End of Year Transfers
New Business
* Resolution to Reappoint Charles Barber to the
Planning Board
* Resolution to appoint Keith Iversen to Youth Bureau
* Resolution to amend Res #36 to include Bonnie Hill
Supervisor’s Report
Highway Superintendent’s Report
Department Reports
* Town Clerks Report
* Food Pantry Report
* Building Codes Report
Public Comment
Councilmen Comments
Adjournment
January 15, 2014
1
Town of Minerva
Organizational Board Meeting
January 2, 2015
The ORGANIZATIONAL Meeting of the Minerva Town Board was held on FRIDAY January 2, 2015 prior to
the semimonthly meeting at 7:00pm.
Newly elected Councilman Keith Iversen was given the Oath of Office by Justice Art Liberty.
Pledge of Allegiance
Upon Roll Call:
Stephen McNally – Supervisor – present
Douglas McCall – Councilman – present
Keith Dubay – Councilman – present
David LaBar – Councilman – present
Keith Iversen – Councilman – present
Resolutions #1-36 attached
#37
Motion by Dubay seconded by McCall to approve minutes of December 18, 2014 meeting. Carried 5-0
#38
Motion by Dubay seconded by LaBar to approve End of Year transfers: from General
Fund#16202.01.002 to 16204.01.004=$500.00; from 64104.01.004 to 51324.01.004= $1,500; Highway Fund
from 51101.02.001 to 51204.02.004=$368.19; 51484.02.004 to 51424.02.004=$1,964.15; Parks Fund $71801.05.001 to 71804.01.004=$500.00. Roll Call Vote: Yes – Dubay, McCall, LaBar, Iversen, McNally;
No-none; Carried 5-0.
#39
Motion by Dubay seconded by McCall to approve Financial Statement for 12/31/2014. Carried 5-0.
#40
Motion by McCall seconded by LaBar to approve Operating Statement for 12/31/14. Carried 5-0.
#41
Motion by Dubay seconded by McCall to hire Jon Fish as Motor Equipment Operator filling the
highway vacancy with a 6 month probationary period. Carried 5-0.
#42
Resolution by McCall seconded by Dubay to appoint David Labar member of the Grant Review
committee of the Micro Enterprise grant program. Roll Call Vote: Yes – Dubay, McCall, LaBar, Iversen,
McNally; No-none; Carried 5-0.
Public Comment:
 Phil Johnson announced applications for Star Program will go out and need to be returned by 3/1/15.
Councilman Comments:
 Iversen – none
 LaBar – reminded public of hearing for Local Law (Farm Animal law) on January 15th @ 6:30 pm
prior to regular board meeting.
 Dubay thanked Ed Healy for his service and welcomed Keith Iversen; reported on MVFD&RS
responses for 2014 – 1 call missed.
 McCall reminded public about Youth Commission sledding on January 17
#43
Motion by Dubay seconded by McCall to adjourn at 7:30pm. Carried
Diana Mason, Clerk
Town of Minerva Bi-monthly Town Board Meeting
January 15, 2014
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Town of Minerva Bi-monthly Town Board Meeting
January 15, 2014
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Town of Minerva Bi-monthly Town Board Meeting
January 15, 2014
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Resolution No. _______
TOWN OF MINERVA
January 15, 2015
Regular Board Meeting
Resolution to Authorize 2014 End of Year transfers in the General Fund
The following resolution was offered by _________________ who moved its adoption:
Whereas the Town of Minerva, Town Board has a responsibility to keep each line item in the Annual budget
whole
Whereas the Town of Minerva, has lines with negative balances due to extra expenses which were not budgeted
for at the 2014 Year End.
Be it resolved that: The Town Board of the Town of Minerva authorizes the following transfers for the General
Fund
Account From
Account to
Amount
Detail
General
19904.01.004
51324.01.004 Garage
$4,719.08
Cost to fix Boiler
Contingency Account
CE
Highway
90608.02.008 Medical 51424.02.004 Snow
$2,009.59
Insurance ( Towns
Removal CE
Share )
51481.02.001 Serv. To 51484.02.004 Serv. To $10,648.79
Other Gov’t PS
Other Gov’t CE
90108.02.008 State
51484.02.004 Serv. To $44.30
Retirement
Other Gov’t CE
Parks
83304.08.004
83404.08.004
$478.89
Purification CE
Transmission and
Distribution CE
This resolution was duly seconded by __________________. A roll call vote was taken with the following
results:
AYES: ______ Dubay
_______ McCall
_______ LaBar
_______ Iversen
_______ McNally
NOES: _______ Dubay
_______ McCall
_______ LaBar
_______ Iversen
_______ McNally
As the duly elected Town Clerk of the municipality known as the Town of Minerva, I do hereby certify the
following resolution was offered and duly seconded at the regular bimonthly board meeting held on
____________________with the results of said resolution noted above.
Dated:_____________________
Signature______________________________
Diana Mason, Town Clerk
TOWN SEAL
Town of Minerva Bi-monthly Town Board Meeting
January 15, 2014
5
Resolution No. ___
TOWN OF MINERVA
January 15, 2015
Regular Board Meeting
Resolution to Reappoint Charles Barber to Town of Minerva Planning Board
The following resolution was offered by _______________________who moved its adoption:
Whereas the Town Board of the Town of Minerva recognizes the importance of a full Planning Board; and
Whereas Charles Barber has served on the Planning Board and wishes to continue to serve The Town of
Minerva;
Be it resolved that the Town Board of the Town of Minerva reappoints Charles Barber to the Town of Minerva
planning Board with a term ending December 31, 2020.
This resolution was duly seconded by __________________. A roll call vote was taken with the following
results:
AYES: ______ Dubay
_______ McCall
_______ LaBar
_______ Iversen
_______ McNally
NOES: _______ Dubay
_______ McCall
_______ LaBar
_______ Iversen
_______ McNally
As the duly elected Town Clerk of the municipality known as the Town of Minerva, I do hereby certify the
following resolution was offered and duly seconded at the regular bimonthly board meeting held on
____________________with the results of said resolution noted above.
Dated:_____________________
Signature______________________________
Diana Mason, Town Clerk
TOWN SEAL
Town of Minerva Bi-monthly Town Board Meeting
January 15, 2014
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Resolution No. ___
TOWN OF MINERVA
January 15, 2015
Regular Board Meeting
Resolution to appoint Keith Iversen Representative for the Town of Minerva Youth Board/Planning
Committee
The following resolution was offered by_______________________ who moved its adoption.
WHEREAS, The New York State Office of Children and Family Services mandates in Law 420 Article 16 the yearly
appointment or reappointment of a person to act as a representative on the County Youth Board/Planning Committee
take place, and
WHEREAS, Also in executive Law 420 Article 16, A municipality receiving Office of Children and Family Services funds
must appoint a youth commission. Now Therefore,
BE IT RESOLVED, That the Town of Minerva appoints Keith Iversen of ____ State Route 28N Minerva, 518-251-2320, to
act as the official representative for the Town of Minerva on the Youth Board/Planning Committee and that
________________________ shall act as his alternate, AND
BE IT FURTHER RESOLVED that the Town Board of the Town of Minerva appoints the following to serve on the Youth
Commission:
Michael Corey – [email protected]
Caroline Kelly – [email protected]
Sue Clickner – [email protected]
Jessica Coyle –[email protected]
Greg Mather – [email protected]
Bonnie Hill – [email protected]
Ricale Howe – [email protected]
Steve McNally – [email protected]
Doug McCall – [email protected]
ALSO BE IT FURTHER RESOLVED, that the Town Board of the Town of Minerva authorizes the director of the Essex
County Youth Bureau to sign amendments of no increase/no decrease in state aide for said municipality, and that the
director of the youth bureau has agreed to return copies of the amendments to the municipality, AND
BE IT FURTHER RESOLVED, that the clerk of this board shall submit a copy of this resolution to the Essex County Youth
Bureau, Essex County Government Center, Elizabeth town, NY 12932.
This resolution was duly seconded by __________________. A roll call vote was taken with the following
results:
AYES: ______ Dubay
_______ McCall
_______ LaBar
_______ Iversen
_______ McNally
Town of Minerva Bi-monthly Town Board Meeting
NOES: _______ Dubay
_______ McCall
_______ LaBar
_______ Iversen
_______ McNally
January 15, 2014
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As the duly elected Town Clerk of the municipality known as the Town of Minerva, I do hereby certify the
following resolution was offered and duly seconded at the regular bimonthly board meeting held on
____________________with the results of said resolution noted above.
Dated:_____________________
Signature______________________________
Diana Mason, Town Clerk
TOWN SEAL
Town of Minerva Bi-monthly Town Board Meeting
January 15, 2014
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Resolution No. ___
TOWN OF MINERVA
January 15, 2015
Regular Board Meeting
The following Resolution was offered by _____________________________, who moved its adoption.
WHEREAS, The Town of Minerva has again decided to run a youth service program, and
WHEREAS, The Town of Minerva has approved the appointment of its Youth Commission members and,
WHEREAS, The Youth Commission has been authorized to expend at least $ ________________ to cover the
50/50 match required by the New York State Office of Children and Family Services, therefore,
BE IT FURTER RESOLVED, that the Town of Minerva approved the 2015 application and authorized the
Youth Commission to expend at least $ _________________ for the 2015 youth services programs, and
BE IT FURTHER RESOLVED, that the clerk sends a copy of this resolution to the Essex County Community
Resources office, 7533, Elizabethtown, NY 12932.
This resolution was duly seconded by __________________. A roll call vote was taken with the following
results:
AYES: _______ Dubay
_______ McCall
_______ LaBar
_______ Iversen
_______ McNally
NOES: _______ Dubay
_______ McCall
_______ LaBar
_______ Iversen
_______ McNally
As the duly elected Town Clerk of the municipality known as the Town of Minerva, I do hereby certify the
following resolution was offered and duly seconded at the regular bimonthly board meeting held on
_________________________with the results of said resolution noted above.
Dated:_____________________
Signature______________________________
Diana Mason, Town Clerk
TOWN SEAL
Town of Minerva Bi-monthly Town Board Meeting
January 15, 2014
9
Resolution No. ___
TOWN OF MINERVA
January 15, 2015
Regular Board Meeting
Resolution to Amend Organizational Resolution # 36 to include Bonnie Hill
The following resolution was offered by_______________________ who moved its adoption.
WHEREAS, Resolution number 36 appointed members to serve on the Minerva Youth Commission,
NOW BE IT RESOLVED, the Town Board of the Town of Minerva adds Bonnie Hill – At large, to the list of
previously appointed members.
This resolution was duly seconded by __________________. A roll call vote was taken with the following
results:
AYES: ______ Dubay
_______ McCall
_______ LaBar
_______ Iversen
_______ McNally
NOES: _______ Dubay
_______ McCall
_______ LaBar
_______ Iversen
_______ McNally
As the duly elected Town Clerk of the municipality known as the Town of Minerva, I do hereby certify the
following resolution was offered and duly seconded at the regular bimonthly board meeting held on
____________________with the results of said resolution noted above.
Dated:_____________________
Signature______________________________
Diana Mason, Town Clerk
TOWN SEAL
Town of Minerva Bi-monthly Town Board Meeting
January 15, 2014
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Town of Minerva Bi-monthly Town Board Meeting
January 15, 2014
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Town of Minerva Bi-monthly Town Board Meeting
January 15, 2014
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Town of Minerva Bi-monthly Town Board Meeting
January 15, 2014
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LOCAL LAW NO. 1 OF THE YEAR 2015
OF THE TOWN OF MINERVA
A local law regulating the control of livestock in the Town of Minerva, Essex County,
New York.
Be it enacted by the Town Board of the Town of Minerva as follows:
SECTION I. Statement of Intent The Town Board of the Town of Minerva recognizes
that the failure to appropriately confine livestock and permit livestock to run at large in the
Town, roaming free and trespassing on public and private highways unattended and public
and private lands without the permission of the owner of said lands is injurious to the
health, safety and welfare of the Town of Minerva.
SECTION II. Definitions As used in this local law, the following terms shall have the
meanings herein designated.
a. Livestock: Cattle, sheep, swine, goats, horses or any other animals of the
bovine, ovine, porcine, lagomorph, caprine, or equine species, as well as poultry,
ratites, and cervine, that are privately owned and raised for breeding stock, food,
fiber, and other products.
b. At Large: Any livestock that is off the property or premises of its owner as
defined herein and not under the control or restraint of a competent person.
Livestock shall not be deemed at large for purposes of this article if legally crossing
streets, roads or lanes under sufficient control or restraint of a competent person.
c. Harbor: To provide food or shelter to any livestock.
d. Owner: Any person owning, renting, leasing, keeping, boarding, exercising
dominion and control over or harboring livestock within the Town of Minerva. A
third party who causes livestock to be at large as defined herein or otherwise causes
a violation of this article arising from said third party's theft, vandalism, intentional
misconduct, criminal act or reckless or negligent act or omission shall be deemed
the owner of said livestock for the limited purpose of enforcing this article and
shall be responsible and liable for any and all penalties arising from violations of
this article.
e. Enclosures for livestock: Owners of livestock shall confine such
livestock within an adequate fence or enclosure, or within a house, garage, barn,
coop or other building of sufficient height and construction to prevent the livestock
from leaving the owner's property or shall keep such livestock confined by leash or
chain affixed to the livestock's collar and under the control of a person, and
adequate to prevent any livestock from being at large.
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SECTION III. Prohibited act
It shall be unlawful for the owner of any livestock to permit or allow such livestock in the
Town of Minerva to:
A. Be at large or to be pastured or herded in or upon any of the streets, roads, lanes or
public places within the Town of Minerva that are not designated horse approved areas.
B. Be at large or to be pastured or herded in or upon any private property within the Town
of Minerva that is not owned, leased or rented by the owner of such livestock.
C. Cause damage or destruction to public or private property, or commit a nuisance by
defecating or urinating upon the premises of a person (other than the owner of such
livestock).
D. Chase or otherwise harass any person or other animals in such manner as reasonably to
cause intimidation or to put such person or other animals in reasonable apprehension of
bodily harm or injury.
SECTION IV: Complaint
Any person who observes livestock in violation of this article may file a complaint under
oath with any law enforcement agency specifying the nature of the violation, the date
thereof, a description of the livestock and the name and residence, if known, of the owner
of such livestock. Such complaint may serve as the basis for enforcing the provisions of
this article.
SECTION V.
Enforcement
Any law enforcement agency is empowered to enforce the provisions of this article and to
issue and serve appearance tickets and such other process as may be required and/or
authorized by these regulations of the Criminal Procedure Law in the course of such
enforcement proceedings. Any enforcement action or proceeding may be commenced upon
by the sworn statement of any individual to a law enforcement agency. All appearance
tickets issued hereunder shall be returnable in the Town Court of the Town of Minerva.
SECTION VI.
Penalties for Offenses
A. Any person, firm or corporation who shall violate any of the provisions of this article
shall, upon conviction, be punishable by a fine of $250 and/or imprisonment for a period
not to exceed 15 days for a conviction of a first offense; for a conviction of a second
offense, punishable by a fine of $500 and/or imprisonment for a period not to exceed 15
days; and for a conviction of a third or subsequent offense, punishable by a fine of $750
and/or imprisonment for a period not to exceed 15 days. Each day of continuance of an
offense shall be considered a separate offense. The penalties under this subsection may be
waived for extenuating circumstances, including but not limited to livestock becoming at
large due to damage or destruction to an owner's enclosure resulting from falling trees,
floods, damaging winds or similar acts of nature.
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B. Any person violating any of the provisions of this article shall become liable to the
Town for any expenses, loss or damage occasioned by the Town by reason of such
violation, including but not limited to costs of cleanup, necessary repairs to Town property,
and/or any other costs incurred by the Town in the enforcement of this provision.
Upon filing of a verified statement by the Code Enforcement Officer regarding said
costs/expenses with the Town Clerk, such amount shall constitute a lien against the
property of the person in violation of this article and the same shall be added to the next
assessment roll of general Town taxes and shall be collected and enforced in the same
manner, by the same proceedings, at the same time and under the same penalties as the
general Town tax and as a part thereof. In addition thereto, interest shall run thereon from
the date of filing the verified statement to the date of actual payment at the same rates as
taxes and shall be collected and enforced by the same officer and in the same manner as
Town taxes.
C. Furthermore, the court may order restitution be paid to any person or private property
owner for the actual out-of-pocket loss arising from or caused by violation of this article.
The court shall fix the amount thereof, the manner of performance, specifically state the
date when restitution is to be paid in full.
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