November 17, 2010

RESOLUTIONS
1.  Approval of the October 13, 2010 and October 20, 2010 Minutes 
2.  To Set a Public Hearing to Discuss the Dutchess Communities Regional All Hazards Mitigation Plan 
3.  Approval of Local Law No. 5 of 2010 (Dog Licensing)
4.  Authorizing A Leave of Absence and Healthcare Coverage for Edmund Thomas McHugh
5.  Payment of Claims




RESOLUTION NO. 11:17:10 – 1
RE:  Approval of the October 13, 2010 and October 20, 2010 Minutes


Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, Town Clerk Virginia Ward has provided copies of the minutes of the October 13, 2010 Town Board Meeting and October 20, 2010 Budget Workshop to all members of the Beekman Town Board; and

WHEREAS, Town Board members have had the opportunity to review said minutes; now therefore be it

RESOLVED, the Town Board hereby adopts the minutes of the October 13, 2010 Town Board Meeting and October 20, 2010 Budget Workshop.

Seconded: Supervisor Daniel J. French 

ROLL CALL VOTE:
Councilman Peter Barton ABSENT
Councilman Thomas Kinsley AYE
Councilman Ron Mangeri AYE
Councilwoman Barbara Zulauf AYE
Supervisor Daniel French AYE

Dated:  November 17, 2010




RESOLUTION NO. 11:17:10 – 2
RE: To Set a Public Hearing to Discuss the Dutchess Communities Regional All Hazards Mitigation Plan


Supervisor Daniel J. French offers the following and moves its adoption:

WHEREAS, the Town of Beekman has participated in a collaborative, multi-jurisdictional hazard mitigation planning process undertaken by the Towns of Amenia, Beekman, Dover, Milan, North East, Pawling, and Pine Plains, and the Villages of Millerton and Pawling (the “Participating Jurisdictions”) to gather information and prepare the Northern and Eastern Dutchess County Communities Regional Hazard Mitigation Plan; and

WHEREAS, the Plan has been prepared in accordance with the Disaster Mitigation Act of 2000 and has been approved by FEMA; and 

WHEREAS, the Town Board would like to set a public hearing to discuss the contents of the proposed Dutchess Communities Regional All Hazards Mitigation Plan as attached herewith; now therefore be it

RESOLVED, that a public hearing to gather resident input on the proposed Dutchess Communities Regional All Hazards Mitigation Plan be held on the 1st day of December, 2010 at 6:30 PM at Beekman Town Hall, 4 Main Street, Poughquag, in the Town of Beekman, New York, and that notice of the time and place of such hearing be posted and published once on or before the 21st day of November in the Poughkeepsie Journal, a newspaper circulating in the Town of Beekman as well as the Town of Beekman Website homepage; and be it further 

RESOLVED, that the Beekman Town Board will also accept written public comments until December 1, 2010.

Seconded: Councilwoman Barbara Zulauf

ROLL CALL VOTE:
Councilman Peter Barton     ABSENT         
Councilman Thomas Kinsley         AYE
Councilman Ron Mangeri               AYE
Councilwoman Barbara Zulauf       AYE
Supervisor Daniel French               AYE

Dated: November 17, 2010




RESOLUTION NO. 11:17:10 – 3
RE: Approval of Local Law No. 5 of 2010 (Dog Licensing)


Councilman Ron Mangeri offers the following and moves its adoption:

LOCAL LAW NO. 5 OF 2010: Dog Licensing


BE IT ENACTED by the Town Board of the Town of Beekman, amending the Town Code §59-7 as follows:


DOGS AND OTHER ANIMALS

Chapter 59

DOGS AND OTHER ANIMALS


ARTICLE I
Control of Dogs

§59-1.    Purpose.

§59-2.    Unlawful conduct; lease required.

§59-3.    Dogs in heat.

§59-4.    Unlicensed or untagged dogs at large.

§59-5.    Dog Control Officer.

§59-6.    Complaints.

§59-7.    Penalties for offenses.


ARTICLE II
Dog License Fees [and Seizure of Dogs]

[§59-7.    Licensing of dogs.]

§59-8.    Spayed and neutered dogs.

§59-9.    Unspayed and unneutered dogs.


ARTICLE III
Seizure of Dogs [Penalties]

§59-10 [8].    Fee set.  [Penalties for Offenses.]

[HISTORY:  Adopted by the Town Board of the Town of Beekman:  Art. I, 12-3-74; Art. II, 9-4-79 as L.O. No. 2-1979, amended in its entirety 5-10-1994 by L.L. No. 3-1994; Art. III, 12-11-1990 as L.L. No. 8-1990, Sections 59-4, 59-5 and 59-7 amended at time of adoption of Code;




§59-1   BEEKMAN CODE §59-2

See Ch. 1, General Provisions, Art. I.  Other amendments noted where applicable.]


ARTICLE I
Control of Dogs
[Adopted 12-8-1974]

§59-1.  Purpose
This article is adopted pursuant to § 130 of the Town Law of the State of New York and Article 7 of the Agriculture and Markets Law of the State of New York for the promotion of the public welfare and health and general welfare of the community, including the protection and preservation of the property of the town and all its inhabitants and of peace and good order in the controlling and regulating of muzzled and unmuzzled dogs in the Town of Beekman, and to provide for the enforcement thereof.
§59-2.  Unlawful conduct; leash required.

A.   It shall be unlawful for any owner of or any person harboring any dog in the Town of Beekman to permit or allow such muzzled or unmuzzled dog to:

(1) Engage in habitual loud howling or barking or to conduct itself in such a manner so as to habitually annoy any person other than the owner or owners harboring such dog.
(2)   Cause damage or destruction to property or to commit a nuisance upon the premises of a person other than the owner or persons harboring such dog.
(3) Chase or otherwise harass any person, except on property of its owner, in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
§59-2   BEEKMAN CODE §59-5



(4) Habitually chase or bark at motor vehicles, motorcycles, bicycles, horses and other conveyances.

(5)   Kill, injure or harass domestic animals.

(6)   Be without a license, as provided in § 109 of the Agriculture and Markets Law of the State of New York.

(7)   Chase, run after, injure or kill deer.

B. No person owning or having custody of a dog, whether or not tagged or licensed, shall permit such dog to be at large in the Town of Beekman elsewhere than on the premises of the owner or person having such custody and control, unless restrained by a chain or leash not exceeding eight feet in length. [Added 6-2-1981]

§59-3.  Dogs in heat.
It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to the premises of such person during such period.
§59-4.  Unlicensed or untagged dogs at large. [Amended 7-10- 1990 by L.L. No. 5-1990]
Any unlicensed or untagged dog found to be running at large in violation of § 118 of the Agriculture and Markets Law shall be seized, and such dog shall be properly fed and cared for until disposed of as provided by said § 118.
§59-5.  Dog Control Officer.  [Amended 7-10-1990 by L.L. No. 5- 1990]
A Dog Control Officer, to be designated by the Town Board as provided by § 114 of the Agriculture and Markets Law, may enforce the provisions of this article and may also investigate and report to a Town 

§59-5   BEEKMAN CODE §59-7
Justice of the Town of Beekman any dangerous dog as described in § 121 of the Agriculture and Markets Law and see that the order or orders of the Town Justice in such cases are carried out.
§59-6.  Complaints.

A. Any person who observes a dog causing damage or destruction to property of a person other than its owner or committing a nuisance upon the premises of a person other than its owner may file a signed complaint, under oath, with a Town Justice of the Town of Beekman specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and name and residence, if known, of the owner or other person harboring said dog.

B. Upon receipt by the Town Justice of any complaint against the conduct of any particular dog, the Town Justice may summon the alleged owner or other person harboring said dog to appear in person before him. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person.

ARTICLE II
Dog License Fees [and Seizure of Dogs]

§59-7.    Penalties for offenses. [Amended 7-10-1990 by L.L. No. 5-1990]   [Licensing of Dogs.]
Except as otherwise provided in Article 7 of the Agriculture and Markets Law, any person committing an offense against any provision of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable for each offense by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[A. All dogs in the Town of Beekman 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.  Town of Beekman residents have the option to

§59-7   BEEKMAN CODE §59-7

purchase dog licenses for multiple years, up to three (3) years.]
[C. Fees for Licensing of Dogs:   The fee for a spayed or neutered dog will be $7.00 which includes the assessment of a $1.00 surcharge for the purpose of carrying out animal population control) and the fee for an unsprayed or unneutered dog will be $15.00 (which includes the assessment of a $3.00 surcharge for the purpose of carrying out animal population control) with such fees being reviewed by the Town Board periodically and may be changed by a resolution of the Town Board, if deemed necessary.]

[D. Enumeration Fee:   When the Town Board determines the need for a dog enumeration, a fee of $5.00 will be assessed to all dogs found unlicensed or renewed at the time the enumeration is conducted.]
[E. Purebred License:   The Town of Beekman will not be issuing purebred or kennel licenses.  All dogs will be licensed individually as per fee system stated above.]

[F. Service Dogs:   The Town of Beekman will not require a license for any guide dog, service dog, hearing dog or detection dog.]

[G. The Town of Beekman 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 or City, where the shelter is located for the purchase of the license for adoption purposes.]

[H. All dog licenses may be purchased by visiting the Town offices or by regular mail.  If licensing or renewing a license by mail, the appropriate fee must accompany the forms.  There will be NO refund of fees.]

[I. All fees will be used in funding the administration of the Dog Control Law of the Town of Beekman.]

§59-7   BEEKMAN CODE §59-7

[J. 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 towns for such service.  Second Offense:   $60.00 plus the impoundment and euthanasia fees per animal.]

[2. Procedure for Seizure of Dogs:]

[A. The Dog Control Officer or any peace officer shall seize:]

[Any unlicensed dog whether on or off the owner’s premises;]

[Any dog not wearing a tag, and after January 1, 2011, not identified, and which is not on the owner’s premises, and]

[Any dog found in violation of Section 59-2 
of this Local Law.  Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of Agriculture and Markets Law, and see that the order of the Town Justice of the Town of Beekman in such case is carried out.]

[B. The Dog Control Officer or Peace Officer observing a violation of this Law in his presence shall issue and serve an appearance ticket for such violation.  Said Law should be considered a petty offense and not a misdemeanor.]

[C. Any person who observes a dog in violation of this Local Law may file a complaint under oath with the Town Justice of the Town of Beekman specifying the nature of the violation, the date thereof, a description of the dog and the name and a residence, if known, of the owner of such dog.   Such complaint may serve as a basis for enforcing the provision of this Local Law.]
§59-8   BEEKMAN CODE §59-10

§59-8.  Spayed and neutered dogs.
The annual dog license fee for all spayed females or neutered male dogs for the Town of Beekman is hereby set at $7.
§59-9.  Unspayed and unneutered dogs.
The annual dog license fee for all unspayed females or unneutered male dogs in the Town of Beekman is hereby set at $12.
ARTICLE III
Seizure of Dogs [Penalties for Offenses]
[Adopted 12-11-1990 as L.L. No. 8-1990]

§59-10 [8].  Fee set. [Penalties for Offenses.]
The fee to which the town would be entitled upon seizure of a dog as provided by § 118 of the Agriculture and Markets Law of the State of New York is hereby set at $25 per seizure.
[Penalties:  Except as otherwise provided in Article 7 of the Agriculture and Markets Law, 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.]
Seconded: Councilman Thomas Kinsley

ROLL CALL VOTE:
Councilman Peter Barton   ABSENT 
Councilman Thomas Kinsley         AYE
Councilman Ron Mangeri               AYE
Councilwoman Barbara Zulauf       AYE
Supervisor Daniel French               AYE

Dated: November 17, 2010




RESOLUTION NO. 11:17:10 – 4
RE: Authorizing A Leave of Absence and Healthcare Coverage for Edmund Thomas McHugh


Councilman Thomas Kinsley offers the following and moves its adoption:

WHEREAS, Edmund Thomas McHugh has served as Building Inspector for the Town of Beekman; and

WHEREAS, Edmund Thomas McHugh consistently and reliably performed his duties as Building Inspector; and

WHEREAS, Edmund Thomas McHugh is currently experiencing complications in his health; and

WHEREAS, Edmund Thomas McHugh has used all of his available time off until January 1, 2011; now therefore be it

RESOLVED, that Building Inspector Edmund Thomas McHugh is hereby granted an unpaid leave of absence and be it further

RESOLVED,  that the Comptroller is hereby directed to pay the cost of Building Inspector Edmund Thomas McHugh’s health coverage for the balance of calendar year 2010 be and be it further

RESOLVED, that when Edmund Thomas McHugh returns to work, the repayment of these Health Coverage Fees will be arranged by him and the Town Comptroller.

Seconded: Councilman Ron Mangeri


ROLL CALL VOTE:
Councilman Peter Barton     ABSENT         
Councilman Thomas Kinsley         AYE
Councilman Ron Mangeri               AYE
Councilwoman Barbara Zulauf       AYE
Supervisor Daniel French           AYE

Dated: November 17, 2010




RESOLUTION NO. 11:17:10 – 5
RE:  Payment of Claims


Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, the Comptroller has audited and approved claims pursuant to Sect. 119 of Town Law as set forth in the attached abstracts; be it

RESOLVED, that the payment, therefore, is hereby authorized as follows:

Claims to be paid from the A-General Fund: $  21,824.35

Claims to be paid from the CM-Special Recreation Fund: $  5,014.45

Claims to be paid from the DA-Highway Fund:                     $  12,464.33

Claims to be paid from the SS-Dover Ridge Sewer Fund: $  2,621.89

Claims to be paid from the SW-Dover Ridge Water Fund: $  841.94

Claims to be paid from the T-Trust and Agency Fund $  22,088.60

 
Payroll 23           Paid 11/10/2010 $  54,530.24
General Fund: $  37,631.91
Highway Fund: $  16,898.33


  
Seconded: Supervisor Daniel J. French

ROLL CALL VOTE:
Councilman Peter Barton ABSENT
Councilman Thomas Kinsley AYE
Councilman Ron Mangeri AYE
Councilwoman Barbara Zulauf AYE
Supervisor Daniel French AYE

Dated: November 17, 2010


 
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