2015-04-22 / News

Insurance claim denied for Bovina Highway Garage

By Cheryl Petersen
Bovina Supervisor Tina Mole informed the town board at its April 14 meeting that the town’s insurance carrier has denied the town’s claim against its sinking highway garage.
Mole told the board, “As for an update on the sinking highway garage, the insurance company denied the town’s claim. Therefore, town attorney, Kevin Brown has written and submitted a second claim. We received notice this afternoon that the insurance company will be hiring an independent engineer to review the sinking garage”

Dog control problems
Residents of the Town of Bovina voiced concerns and suggestions during a public hearing in regard to a proposed dog control law. Ira McIntosh said, “I agree penalties should be charged for dog owners who violate the law. I feel a low fee for first-time offenders is appropriate, however second- and third-time offenders should be charged stiffer fines than what the law provides.”
The proposed law states that any person convicted of a violation shall be liable for a penalty of $50. McIntosh said, “But to penalize dog owners for second- and third-time offenses only nominal fees of $75 and $100 are not severe enough. Repeat and multiple offenders, especially with dangerous dogs, should not be let off easily.”
During the regular Town of Bovina meeting on the same day, April 14, board members agreed and raised the second-time offense fee to $125 and the third-time offense to $200. If the dog is seized, dog owners are also expected to pay all fees relative to seizure and impoundment in violation to the Bovina town law or the laws of the New York state Department of Agriculture and Markets. A second and subsequent seizure offense includes an additional penalty of $60.
Debate was given to language in the law associated with the dog control officer’s obligations as to whether the officer ‘may’ or ‘shall’ seize a dog. During the public hearing, Roger McIntosh said, “In my opinion, the word should be ‘shall.’ An ugly dog is the same thing as an ugly bull and the Ag & Markets law specifies that ugly bulls shall be seized.”

Sees conflicts
Another resident pointed out that obligating the officer to seize disallows the officer to use discrepancy. Ed Weber, dog control officer, recalled that the town lawyer mentioned the need to keep the word ‘may.’ After discussion, the council members decided to retain the word ‘may,’ clean up the document and review it for two weeks before bringing the proposed law to a vote.
Residents and council members were mae aware of the New York State burning ban, from March 16 through May 14.
Councilman Mark Rossley presented an elevation map of the town property near the transfer station. Rossley said, “We can get the property appraised for its logging value.” The board indicated they would individually make efforts to walk and assess the property before further consideration to sell some acreage for town income.

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