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HomeMy WebLinkAbout12-01-201018 q DECEMBER 01, 2010 5:00 P.M. PUBLIC HEARING NO. 1 LOCAL LAW OF 2010 LICENSING, IDENTIFICATION, AND CONTROL OF DOGS IN THE TOWN OF CORTLANDVILLE A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, regarding a Local Law of 2010 to provide for the "Licensing, Identification and Control of Dogs" within the Town of Cortlandville including the Village of McGraw. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, John C. Proud Others present were: Town Attorney, John B. Folmer; Town Highway Sup't. Carl Bush; Scott Cavellier; Bobbie Fuller; Mary Falso; News Reporters: Jeremy Houghtaling from the Cortland Standard, Eric Mulvihill from WXHC, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. The Public Hearing was closed at 5:01 p.m. 1 1 DECEMBER 01, 2010 5:01 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, John C. Proud Others present were: Town Attorney, John B. Folmer; Town Highway Sup't. Carl Bush; Scott Cavellier; Bobbie Fuller; Mary Falso; News Reporters: Jeremy Houghtaling from the Cortland Standard, Eric Mulvihill from WXHC, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Leach made a motion, seconded by Councilman Testa, to approve the Draft Town Board Minutes of November 17, 2010, with one correction. All voting aye, the motion was carried. RESOLUTION #202 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1123 Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #1123 submitted by Town Highway Sup't. Carl Bush for the purchase of 500 tons of salt from Cargill Salt. RESOLUTION #203 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #620 - 642 $191,864.34 General Fund B B 139 - B 139 $ 1,040.42 Highway Fund DB D461 - D487 $ 39,194.94 Trust & Agency T32 - T34 $ 24,040.88 Water Fund W267 - W286 $ 6,737.43 Sewer Fund S 111 - S 119 $112,730.40 Capital Project H165 - H167 $ 973.87 Supervisor Tupper offered privilege of the floor to those in attendance. No requests were made. Councilman Testa commented on an article published in the Cortland Standard regarding the City of Cortland's Recreation Department and the layoff of lifeguards. The article blamed the Town for the layoffs as the Town did not approve the City's contract request of $90,000 for 2011; the Town's 2010 contract with the City was $70,000. Councilman Testa stated he understood the City had some problems, but felt the Town's 2010 contract amount of $70,000 was fair. i DECEMBER O1, 2010 TOWN BOARD MEETING PAGE 2 Supervisor Tupper noted that in the past the Town's contract with the City was about $20,000 per year for recreation. A few years ago Town officials met with City officials to discuss the recreation contract and increased the contract amount to $70,000. Supervisor Tupper stated he was quite surprised when the 2011 contract request came in for $90,000. He explained that the Town tries to hold contracts to a 0% increase each year. However, because of the Board's belief in the City's recreation program, the Board increased the 2010 contract amount by 10% for the 2011 year, for a total amount of $77,000. He stated it was "disheartening to see that we were being blamed for the City's lack of revenue." He added that the Town did not have any discussion with the Mayor or the Council regarding the contract request. The Town's only contact has been with John McNerney, Director of the Youth Bureau. Supervisor Tupper apprised the Board there was discussion that the Town should pay 15% of the City's total youth budget, which he did not think was fair. He noted that 50-60% of children who live in the City utilize the Town's athletic fields. The Town has as many athletic fields as the City does, but does not charge the City for use of the Town's fields, and does not ask for any of the revenue from the leagues that use the Town's fields. Instead the Town pays 100% of the cost for maintaining the fields. Supervisor Tupper stated if the Town were to bill the City 50-60% of the Town's cost, the City would actually owe the Town money for recreation. Councilman Rocco recalled a similar situation involving the City when it stopped funding the Cortland Free Library. He wished the City would appreciate what the Town was doing. Supervisor Tupper suggested that perhaps the City Council does not understand where their revenue comes from. He stated that the Town's contribution to the City was significant. The City Council indicated that they might charge Town residents a fee for using the City's facilities. However, Supervisor Tupper stated the Town has a $70,000 contract with the City so that Town residents don't have to pay additional fees. Supervisor Tupper also mentioned the Town Highway Department's cooperation with the City by sending equipment and manpower to help with problems in the City. Supervisor Tupper felt that the City viewed the Town as an entity that has financial reserves, which the City wants to tap into. He stated it was not fair to Town taxpayers to use the reserve funds. He mentioned that the Town has not yet signed the 2011 contract between the Town and the City for $77,000. Supervisor Tupper suggested that perhaps the Board should revisit the issue and determine whether the contract amount was in fact too much. He suggested that perhaps the Mayor and Council should come to the Town to discuss the issue. Councilman Rocco added that the Town extended a hand to the City of Cortland this past summer and paid for improvements to Wickwire Pool. Without the Town's assistance, the pool would not have been open for the summer. Supervisor Tupper felt that the contribution was a nice gesture on behalf of the Board, and mentioned that the only City official who thanked the Town was John McNerney from the Youth Bureau. The monthly reports of the Code Enforcement Officer for the months of October and November 2010, and for the Water & Sewer Department for the month of November 2010, were on the table for review and are filed in the Town Clerk's Office. Under communications, Supervisor Tupper apprised the Board he received a letter from Bob Haight, Executive Director, Cortland County Chamber of Commerce, thanking the Board for their work on the budget. On behalf of residents and taxpayers, he thanked the Board for keeping the tax rate flat. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from Bob Haight, Executive Director, Cortland County Chamber of Commerce, thanking the Board for their work on the 2011 Town Budget. All voting aye, the motion was carried. 187 DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 3 There was discussion regarding the proposed Local Law for the "Licensing, Identification, and Control of Dogs in the Town of Cortlandville." Attorney Folmer explained that upon review of the Local Law, Councilman Proud suggested there be a couple editorial changes in the language: - Page 3 - under definition of owner, the word "animal" should be replaced with the word "dog" - Page 3 — the language for recognized registry association should be changed to read: "means any registry association that operates on a nationwide basis, issues certificates and keeps such records as required by the Commissioner of Agriculture" - Page 6 — Subdivision 8. d. should be changed to read "No Town of Cortlandville identification tag ..." - Page 7 — Subdivision 13. a., the number four should be changed to three. - Page 9 — Section 10. The first sentence should be changed to read "All female dogs, while in season (heat), shall be confined to the premises of their owner and may only be left outside unattended in a fully enclosed structure." - Page 9 — Section 11. The language "domestic farm or companion animal" should be removed so that it reads, "If a domestic, farm or companion animal is injured or killed as a result of being attacked, chased or worried by any dog(s), the owner of said dog(s) shall be liable for damage." - Page 10 — Section 14. Subdivision 6. The language in paragraph 1 should mirror the language in the paragraph 2 and 3 except for the fees and number of impoundments. - Page 11 — Subdivision 12 — Remove the word Town so the sentence reads "The owner of any dog seized and impounded..." - Page 11 — Section 16, Subdivision 1. b. should be changed to read, "Where the person is found to have violated this Local Law or any prior Town of Cortlandville Dog Law on two or more occasions within the preceding five (5) years, the violation shall be punishable by a fine of not less than one hundred dollars ($100.00) or imprisonment for not more than fifteen (15) days, or both." - Page 12 — Section 18. Insert the word "by" so the last sentence reads, "Said revenue may also be used to subsidize the spaying or neutering of dogs, by any facility ..." Attorney Folmer thanked Councilman Proud for his input. Attorney Folmer suggested the Board adopt the Local Law with the changes as indicated above, which they agreed to do. The Local Law must be filed with the Secretary of State before the end of the year in order for it to be in effect by January 1, 2011. Any additional changes could be done by amendment after the Local Law is in effect. The Board thanked Town Clerk Snyder and Attorney Folmer for their work on the Local Law. RESOLUTION #204 ADOPT LOCAL LAW NO. 5 OF 2010 FOR THE "LICENSING, IDENTIFICATION, AND CONTROL OF DOGS IN THE TOWN OF CORTLANDVILLE" Motion by Councilman Rocco Seconded by Councilman Leach VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Leach Aye Councilman Proud Absent ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law for the "Licensing, Identification, and Control of Dogs in the Town of Cortlandville," and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and DECEMBER O1, 2010 TOWN BOARD MEETING PAGE 4 WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 5 of 2010, "Licensing, Identification, and Control of Dogs in the Town of Cortlandville," a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Title. The title of this Local Law shall be, "Licensing, Identification and Control of Dogs in the Town of Cortlandville." Section 2. Authority. This Local Law is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York. Section 3. Purpose. The purpose of this Local Law is to provide for the licensing, identification of dogs and the control and protection of the dog population and the protection of persons, property, and other animals from dog attack and damage. Section 4. Application. 1. This Local Law shall apply to all areas of the Town of Cortlandville including the Village of McGraw. 2. In the event that any dog owned by a non-resident of the Town is harbored within the Town for a period of 30 days or less such dog shall be exempt from the identification and licensing provisions of this Local Law provided such dog is licensed pursuant to the provisions of law of the area of residence. 3. This Local Law shall not apply to any dog confined to the premises of any public or private hospital devoted solely to the treatment of sick animals, or confined to an animal shelter devoted to the impounding and caring of animals. Section S. Definitions. As used in this Local Law, the following words shall have the following respective meanings: Adoption means the delivery to any natural person 18 years of age or older, for the limited purpose of harboring a pet, of any dog, seized or surrendered. Altered shall refer to a dog that has been spayed or neutered. At large means an unleashed dog not under control of the owner and off the premises of the owner. Companion animal means any dog or cat normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Companion animal" shall not include a "domestic animal" as defined in this Section. Dangerous dog means any dog which: a. without justification attacks a person, companion animal, farm animal, or domestic animal as defined in this section and causes serious, physical injury or death, or b. behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or MM4 DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 5 c, without justification attacks a "Guide Dog", "Hearing Dog", "Service Dog", "Working Search Dog", "War Dog", "Detection Dog", "Police Work Dog", or "Therapy Dog" and causes physical injury or death. d. "Dangerous dog" does not include a "Police Work Dog", while being used to assist one or more law enforcement officers in the performance of their official duties. Detection dog means any dog that is trained and is actually used for such purposes or is under- going training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband. Dog means any member of the species canis familiaris. Dog Control Officer means any individual appointed by the Town to assist in the enforcement of this Local Law or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Town to assist in the enforcement of this Local Law. Domestic animal means any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer, elk, which is raised under license from the New York State Department of Environmental Conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the New York State Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this Local law. Farm animal, as used in this Local Law, means any ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur -bearing animals, as defined in New York State Environmental Conservation Law, which are raised for commercial or subsistence purposes. Fur -bearing animal shall not include dogs or cats. Guide dog means any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the State of New York during the period such dog is being trained or bred for such purpose. Harbor means to provide food or shelter to any dog. Hearing dog means any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog owned by a recognized training center located within the State of New York during the period such dog is being trained or bred for such purpose. Identification tag means a tag issued by the Town or other licensing municipality which sets forth an identification number, together with the name of the municipality, the State of New York, contact information, including telephone number for the municipality, and such other information as the licensing municipality deems appropriate. Identified dog means any dog carrying an identification tag. Municipality means any county, town, city or village. New York State Agriculture and Markets Law means the Agriculture and Markets Law of the State of New York in effect as of the effective date of January 01, 2011 and as amended thereafter. Owner means any person who harbors or keeps any dog. If a dog is not licensed, the term of "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 week prior to the filing of any complaint charging a violation of this Local Law shall be held and deemed to be the owner of such dog for the purpose of this Local Law. In the event any dog found to be in violation of this Local Law shall be owned by a minor (under 18 years of age), the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog and violation of this Local Law. Owner of record means the person purchasing the license or in whose name any dog was last licensed. An owner of record shall be 18 years of age or older. Person means any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity. Police work dog means any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes. 190 DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 6 Recognized registry association means any registry association that operates on a nationwide basis, issues certificates and keeps such records as required by the Commissioner of Agriculture. Service dog means any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative. Therapy dog means any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and is actually used for such purpose, or any dog owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose. Town means the area within the corporate limits of the Town of Cortlandville, including the Village of McGraw. Town Board means the Cortlandville Town Board. Town Clerk means the Cortlandville Town Clerk. Unaltered shall refer to any dog that is not spayed or neutered. War dog means any dog which has been honorably discharged from the United States armed services. Working search dog means any dog that is trained to aid in the search for missing persons, is actually used for such purpose and is registered with the department; provided, however, that such services provided by said dog shall be performed without charge or fee. Section 6. Licensing. The Town Clerk of Cortlandville is solely authorized to issue licenses for the Town and for the Village of McGraw. The pound, shelter or Dog Control Officer is not authorized under this Local Law to issue dog licenses for dogs redeemed or adopted. 1. Application for Original License. a. The owner of any dog reaching the age of four months shall immediately make application to the Town Clerk for a dog license on a form provided by the Town Clerk. No license shall be required for any dog which is under the age of four months, or any dog that is residing in a pound or shelter maintained by or under contract or agreement with the state or any county, city, town or village, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective association. b. In the case of a dog being redeemed or a dog being adopted from a shelter or pound the Town Clerk and the manager of the facility shall establish a licensing procedure that is agreeable to the Town. 2. Rabies Vaccination Required. All applications for a dog license shall be accompanied by a valid rabies certificate signed by a licensed veterinarian or, in lieu thereof, a statement certified by a licensed veterinarian stating that the dog is too young to be vaccinated or because of old age or another reason, the life of the dog would be endangered by the administration of vaccine. In the case of a dog being redeemed or adopted from a shelter copies shall be forwarded to the Town Clerk. Such records shall be kept on file by the Town Clerk and be made available upon request for rabies and other animal disease control efforts. 3. Spay/Neuter Certificates. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed.or neutered. In lieu of the spay or neuter certificate an owner may present a statement certified by a licensed veterinarian stating that he/she has examined such dog and found such dog to be altered. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in Part 6 of this Section. 4. Expiration of License. An original license shall be issued for a period of one year, and shall expire on the last day of the month of the period for which they are issued. 5. Application for Renewal License. a. License renewal forms shall be mailed by the Town Clerk. b. A new rabies certificate shall be required if the one on file has expired or expires within 30 days of the date of renewal. An in -lieu -of statement as described in Part 2 of this Section may be substituted for a rabies certificate. New rabies certificates and statements shall be kept on file by the Town Clerk. 1 1 [J 191 DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 7 c. A spay/neuter certificate shall not be required if one is already on file with the Town Clerk. In a case where the dog has been altered during the preceding year, the certificate shall be presented to the Town Clerk in order to receive the reduced fee for an altered dog. Such certificate shall be kept on file by the Town Clerk. d. The renewal shall expire on the last day of the month in the same month that it was originally issued. e. Renewing early or late, shall not change the renewal month. However, owners having more than one dog may request common renewal dates for their licenses, which may be granted at the discretion of the Town Clerk, provided that all other licensing and renewal requirements are met. No licensing fees will be prorated, refunded, or waved when accommodating such a request. f. Upon renewal the Town Clerk shall provide a validated license to the owner. The Clerk's copy shall be kept on file in accordance with the Records Retention and Disposition Schedule MU-1 issued by the New York State Archives and Records Administration. g. A late fee will be assessed after the fifteenth (151h) of each month for each dog not renewed from the prior month renewal date. Such fee shall be established by resolution of the Town Board. 6. License Fees. a. All applications for original licenses or renewals shall be accompanied by a fee established by resolution of the Cortlandville Town Board. The total fee for an unaltered dog shall be at least five dollars ($5.00) more than the total fee for an altered dog. b. All revenue derived from such fees shall be the sole property of the Town and shall be used only for controlling dogs and enforcing this Local Law and Article 7 of New York State Agriculture and Markets Law. Said revenue may also be used to subsidize the spaying or neutering of dogs or any facility as authorized under Article 7 of New York State Agriculture and Markets Law, and subsidizing public humane education programs in responsible dog ownership. c. No license fees are refundable or partially refundable in the event that a dog is lost, stolen, sold, given away, surrendered or deceased before the expiration of the license. d. In addition to the fees set by the Town Board, an assessment of three dollars ($3.00) for each unaltered dog and one dollar ($1.00) for each altered dog shall be charged for the purpose of carrying out animal population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. Money derived from such additional assessment may be used to subsidize the spaying and neutering of cats as well as dogs pursuant to Article 7 of New York State Agriculture and Markets Law. 7. Exemptions to License Fees. a. Licenses for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be exempt from license fees. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog", "Hearing Dog", "Service Dog", "War Dog", "Working Search Dog", "Detection Dog", "Police Work Dog", or "Therapy Dog", as may be appropriate, by the Town Clerk. b. Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be exempt from the assessment mandates of Article 7 of New York State Agriculture and Markets Law. c. Appropriate documentation for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog must be presented to the Town Clerk for an exemption to a license fee. 8. Identification of dogs. a. When a dog is originally licensed, a Town of Cortlandville identification number will be assigned and an identification tag shall be issued, which shall be worn by the dog at all times. The tag issued by the Town will identify the Town of Cortlandville, the identification number, the State of New York, contact information, including the telephone number of the municipality and such other information as the Town deems appropriate. 19�- DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 8 b. Existing New York State Agriculture and Markets dog licenses being renewed or transferred in from another municipality shall be assigned a Town of Cortlandville identification number and an identification tag shall be issued. The New York State Agriculture and Markets tag or other municipal tag shall be surrendered to the Town Clerk and the Town of Cortlandville tag shall be worn by the dog at all times. c. A dog participating in a dog show is exempted from wearing an identification tag only for the duration of the show. d. No Town of Cortlandville identification tag shall be affixed to the collar of any dog other than the one to which it was assigned. e. Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog may wear a special tag for identifying such dog, provided that such tag shall be in addition to the identification tag issued by the Town. Such tag shall be a different color, shape and imprint than the Town identification tag and may be provided by the Town at the expense of the owner. f. Lost tags shall be replaced at the expense of the owner at a fee set by the Town Board. Such replaced tags will contain the same information as required by Section 8a. 9. Change of Address. When there is a change of address for the owner of record, the owner shall notify the Town Clerk within ten (10) days of such change. If the change is still within the Town, the Town Clerk will make the appropriate updates to the dog license record. If the change is located outside the Town, the Town Clerk shall make a note in the record and cancel the license. The Clerk shall forward a copy of the license to the Clerk of the municipality to which the owner has moved, informing said Clerk that the dog now resides in his/her municipality. 10. Change of Ownership. In the event of a change in the ownership of any dog licensed in the Town, the new owner shall immediately make application for a license for such dog. Additionally, the original owner of record shall notify the Town Clerk of the change of ownership within ten (10) days of such change. Such original owner of record shall be liable for any violation under this Local Law until such filing is made or until the dog is licensed in the name of the new owner. 11. Lost, Stolen or Deceased Dog. If any dog which has been licensed in the Town is lost, stolen or deceased, the owner of record shall notify the Town Clerk within ten (10) days of the discovery of such loss, theft or death. 12. Lists of Licensed Dog Owners. No dog licensing records, information, or lists shall be made available to any person for commercial purposes. 13. Purebred Licenses. a. The owner of three (3) or more unaltered purebred dogs registered by a nationally recognized registry association may make an application to the Town Clerk for a purebred license in lieu of the individual licenses required by Section 6, Subdivision 1. b. At the time of application, the Town Clerk shall assign an identification number. C. An identification tag will be issued to the holder of a purebred license. All purebred tags shall include the identification number assigned to the purebred license. The tag issued by the Town will identify the Town of Cortlandville, the identification number, the State of New York, contact information, including the telephone number of the municipality and such other information as the Town deems appropriate. Additional tags shall be paid for by the owner at a fee set by the Town Board. d. Application for a purebred license shall be on a form provided by the Town Clerk and shall include rabies vaccination certification as specified in Section 6, Subdivision 2 for every dog listed on the license. Certification for any altered dog shall be included as specified in Section 6, Subdivision 3. Such certificate(s) shall be kept on file by the Town Clerk. e. Copies of registry papers for every dog or a comprehensive list of registry numbers and associations shall be required and filed with the Town Clerk. f. All dogs over four months of age must be listed and included in the purebred license. L, 1 1 193 DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 9 g. Purebred licenses shall be issued for one year and renewed annually. h. All original applications and renewals of purebred licenses shall be accompanied by a fee as set by resolution of the Town Board. In addition, an assessment of three dollars ($3.00) for each unaltered dog and one dollar ($1.00) for each altered dog shall be added for the purpose of carrying out animal population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. No fee or portion thereof shall be refundable once the license is issued. i. Purebred licenses are not transferable. Upon change of ownership of any dog licensed under a purebred license, the new owner shall within ten (10) days make application for a license pursuant to Section 6, Subdivision 1, except when the new owner holds a valid purebred license and adds an additional dog to such purebred license. Additionally, the original owner of record shall notify the Town Clerk of the change of ownership within ten (10) days of such change. Such original owner of record shall be liable for any violation under this Local Law until such filing is made or until the dog is licensed in the name of the new owner. Section 7. Enumeration. Should an enumeration be conducted within the Town of Cortlandville including the Village of McGraw, and should a dog be identified as unlicensed during such enumeration, an additional fee shall be charged. The fee shall be the property of the Town and shall be used to pay the expenses incurred by the Town in conducting the enumeration. In the event the additional fees collected exceed the expenses incurred by the Town in conducting the enumeration in any year, such excess fees may be used by the Town for enforcing licensing, identification and control of dogs; for spaying and neutering of animals; and offsetting costs associated with licensing, identification and control of dogs and replacement of identification tags. The additional fee may be established by resolution of the Town Board. Section 8. Prohibited Acts. It shall be unlawful for: 1. Any owner to allow any dog to run at large. 2. Any owner to fail to restrain any dog by an adequate collar and leash unless it is accompanied by its owner or a responsible person able to control it by command, when not on the property of the owner. 3. Any owner to allow any dog to engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually annoy and/or disturb any person other than the owner of such dog. 4. Any owner to allow any dog to cause damage or destruction to property or defecate, urinate, dig or otherwise commit a nuisance other than on the property of the owner of such dog. 5. Any owner to allow any dog to chase, jump upon or at, or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury. 6. Any owner to allow any dog to chase, run alongside of, bark at or otherwise harasses any motor vehicle, motorcycle, bicycle, carriage or any other vehicle or device used by persons for travel or any riders or occupants thereof while said vehicle or device is on a public highway or private property other than property of the owner of said dog. For purposes of this section, a horse or other animal shall be considered a vehicle or device. 7. Any owner to fail to license any dog at the age of four (4) months or older, or allow any dog to be unlicensed due to failure to renew a dog license. 8. Any owner to fail to have any dog identified by a valid and current Town dog license and identification tag. 9. Any person to knowingly affix to any dog any false or improper identification tag or any identification tag belonging to another dog. 10. Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this Local Law or Article 7 of New York State Agriculture and Markets Law. 19� DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 10 11. Any person to furnish any false or misleading information on any license or form, required by the Town, the Town's Dog Control Officer, or any shelter or pound servicing the Town. 12. Any owner to fail to notify the Town Clerk of any change of ownership, change of address, death or loss of any dog licensed in the Town. Establishment of the fact or facts that a dog has committed any of the acts prohibited by this Local Law shall be presumptive evidence against the owner of such dog that he/she has failed to properly confine, leash or control his/her dog. Section 9. Conditions for Keeping Dogs. All premises occupied by dogs shall be kept in a clean, sanitary condition. Adequate food, water, shelter and space must be provided for each dog owned. For the purpose of this Section, "adequate" shall mean sufficient for age, size and number of dogs on the premises, and prevailing weather conditions. Section 10. Female Dogs. All female dogs, while in season (heat), shall be confined to the premises of their owner and may only be left outside unattended in a fully enclosed structure. Any owner not adhering to this section shall be subject to having the dog seized by the Town's Dog Control Officer and removed to a shelter or pound for confinement. The owner of any dog seized pursuant to this section shall be subject to an impoundment fee. Section 11. Liability of Owner. 1. If a domestic, farm or companion animal is injured or killed as a result of being attacked, chased or worried by any dog(s), the owner of said dog(s) shall be liable for damage. The owner of such injured or killed animal may make a complaint to the Town's Dog Control Officer or a police officer who shall proceed pursuant to the Dangerous Dog Section of Article 7 of the New York State Agriculture and Markets Law. 2. In no event shall the Town of Cortlandville, the Village of McGraw, or the County of Cortland be held liable for any damage done by any dog(s). Section 12. Dangerous Dogs. 1. The determination of a Dangerous Dog and the prosecution of the owner of such a dog shall be pursuant to Article 7 of the New York State Agriculture and Markets Law. 2. In the event that a dog is determined by the Cortlandville Town Court to be a dangerous dog, the Court shall give written notice to the Town Clerk of such determination. The Town Clerk will make note within such dog's record, if applicable. Section 13. Enforcement/Appearance Ticket. Any Dog Control Officer or other person or persons, who are or may be lawfully authorized by the Town, shall, and all peace officers may, administer and enforce the provisions of this Local Law, and for such purpose shall have the authority to issue appearance tickets. Section 14. Seizure, Impoundment, Redemption and Adoption. 1. Any dog belonging to a person found in violation of any of the provisions of this Local Law may be seized pursuant to the provisions of Article 7 of the New York State Agriculture and Markets Law. 2. Any dog believed to be dangerous and which poses an immediate threat to the public safety may be seized and impounded. 3. Any dog may be seized and impounded, which has been judged to be a Dangerous Dog pursuant to Article 7 of the New York State Agriculture and Markets Law and whose owner has failed to obey a court order pertaining to said Dangerous Dog. 4. Every dog impounded shall be properly cared for, sheltered, fed and watered for the duration of said seizure, impoundment, redemption and or adoption. 1 1 1 DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 11 5. Each dog which is not identified, whether or not licensed, shall be held for a period of five (5) days from the day seized during which period the dog may be redeemed by its owner. Said owner shall provide proof that the dog has been licensed pursuant to this Local Law and pay an impoundment fee to the Town Clerk. 6. The owner of such dog seized and impounded shall pay to the Town Clerk the following impoundment fees: Thirty dollars ($30.00) for the first twenty-four (24) hours or part thereof and ten dollars ($10.00) for each additional twenty-four (24) hours or part thereof, within one (1) year of the first impoundment, of such dog owned by that person; or Fifty dollars ($50.00) for the first twenty-four (24) hours or part thereof and ten dollars ($10.00) for each additional twenty-four (24) hours or part thereof for the second impoundment, within one (1) year of the first impoundment, of such dog owned by that person; or Seventy dollars ($70.00) for the first twenty-four (24) hours or part thereof and ten dollars ($10.00) for each additional twenty-four (24) hours or part thereof for the third and subsequent impoundments, within one (1) year of the first impoundment, of such dog owned by that person. 7. In the case of an identified dog, the owner of record shall be promptly notified by the Town's Dog Control Officer of the seizure and the procedure for redemption either personally serving such owner or a member of the family at least 18 years of age with a notice, in writing, stating that the dog has been seized and will be adopted or destroyed pursuant to the provision of Article 7 of the New York State Agriculture and Markets Law unless redeemed within the period herein provided. 8. Any owner of a dog seized and impounded may redeem the dog within five (5) days (12 days if the dog bears a license tag) by paying to the Town Clerk the impoundment fee. 9. If not redeemed the owner of a dog seized and impounded shall forfeit all title to the dog, and the dog shall be sold or destroyed pursuant to the provision of Article 7 of the New York State Agriculture and Markets Law. In the case of sale, the purchaser shall pay the purchase price of said dog to the Shelter where the dog is seized and impounded and also must obtain a license for the dog. 10. If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees required by this Section. 11. The seizure of any dog shall not relieve any person from any violation of this Local Law or Article 7 of the New York State Agriculture and Markets Law. 12. The owner of any dog seized and impounded within the Town or Village limits, that is also unlicensed, shall pay the Town Clerk an additional fee for being unlicensed. Such fee shall be established by resolution of the Town Board. Section 15. Complaint. 1. Any Town -designated Dog Control Officer or Agency having reasonable cause to believe that a violation of this Local Law has been committed in his/her presence shall issue and serve upon such person an appearance ticket for such violation. 2. Any person who observes a dog in violation of this Local Law may file a complaint, under oath, with a Town -designated Dog Control Officer or Agency specifying the nature of the violation, the date thereof, a description of the dog, the location of the violation and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this Local Law. 3. Upon receipt by the Town -designated Dog Control Officer or Agency of any such complaint, that Officer or Agency shall issue an appearance ticket to the alleged owner of the dog to appear before the Cortlandville Town Court at a date and time specified by such court. Section 16. Violations and Penalties. 1. A plea or conviction of a violation of this Local Law shall be prosecuted pursuant to penal law, by a fine of not less than twenty-five dollars ($25.00), except: 1g( DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 12 a. Where a person is found to have violated this Local Law or any prior Town of Cortlandville Dog Law within the preceding five (5) years, the fine may be not less than fifty dollars ($50.00), and b. Where the person is found to have violated this Local Law or any prior Town of Cortlandville Dog Law on two or more occasions within the preceding five (5) years, the violation shall be punishable by a fine of not less than one hundred dollars ($100.00) or imprisonment for not more than fifteen (15) days, or both. 2. For the purpose of conferring jurisdiction upon courts and judicial officers generally, offenses of this Local Law shall be deemed violations and for such purposes only all provisions of law relating to violations shall apply. 3. No owner of a dog who has a court proceeding pending within the Cortlandville Town Court regarding such dog will be allowed to license such dog until the court proceeding within the Cortlandville Town Court is concluded. For purposes of this section an adjournment in contemplation of dismissal, conditional discharge or similar disposition shall not prevent the issuing of a license. Section 17. Additional Penalties. 1. Pursuant to Article 7 of the New York State Agriculture and Markets Law, any person who intentionally refuses, withholds, or denies a person, because he/she is accompanied by an on -duty police work dog, working search, war, or detection dog, any accommodations, facilities, or privileges thereof shall be subject to a civil penalty of up to two hundred dollars ($200.00) for the first violation and up to four hundred dollars ($400.00) for each subsequent violation. 2. Pursuant to Article 7 of the New York State Agriculture and Markets Law, any person who for the purpose of participating in the animal population control program shall falsify proof of adoption from a pound, shelter, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog or cat protective association or who shall furnish any licensed veterinarian of this state with inaccurate information concerning his/her residency or the ownership of an animal or such person's authority to submit an animal for a spaying or neutering procedure pursuant to this Local Law and/or Section 117 of New York State Agriculture and Markets Law, and any veterinarian who shall furnish false information concerning animal sterilization fees shall be guilty of a violation prosecuted pursuant to the New York State Penal Law punishable by a fine of not less than two hundred and fifty dollars ($250.00). Section 18. Disposition of Fines. Notwithstanding any other provision of law, all moneys collected as fines or penalties by any municipality as a result of any prosecution for violations of the provisions of this Local Law or Article 7 of the New York State Agriculture and Markets Law and all bail forfeitures by persons charged with such violations shall be the property of the municipality and shall be paid to the financial officer of such municipality. Such moneys shall be used only for controlling dogs and enforcing this Local Law. Said revenue may also be used to subsidize the spaying or neutering of dogs, by any facility as authorized under Article 7 of the New York State Agriculture and Markets Law, and subsidizing public humane education programs in responsible dog ownership. Section 19. Nonliability. No action shall be maintained against the Town of Cortlandville, the Village of McGraw, the Town Dog Control Officer, or any person or persons lawfully authorized by the Town when performing duties pursuant to this Local Law or Article 7 of the New York State Agriculture and Markets Law to recover the possession or value of any dog, or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this Local Law or Article 7 of the New York State Agriculture and Markets Law. Section 20. Separability 1 If any section, paragraph, subdivision, clause, phrase or provision of this Local Law shall be judged invalid or held unconstitutional, it shall not affect the validity of the Local Law as a 197 DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 13 whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. Section 21. Repealer. This Local Law shall supersede all prior Local Laws, ordinances, rules and regulations relative to the licensing, identification, control and fee schedules of dogs within the Town and they shall be, upon the effectiveness of this Local Law, null and void. Section 22. Effective Date. This Local Law shall take effect the 1st day of January 2011 upon the filing with the Secretary of the Department of State. Town Clerk Snyder thanked the Board for adopting the Local Law. She also thanked the Town Clerks of New York State who worked together to develop local laws that were shared amongst each other. The State did not provide a model dog law as promised. Town Clerk Snyder added that the Board must also adopt a fee schedule for the licensing, identification and control of dogs in the Town of Cortlandville. Attorney Folmer apprised the Board the adopted Local Law indicated that fees would be established by resolution. A draft fee schedule was provided to the Board for their review in their agenda packets. Once adopted, the fees would be effective January 1, 2011. RESOLUTION #205 ADOPT FEES FOR THE LICENSING, IDENTIFICATION AND CONTROL OF DOGS IN THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, on June 22, 2010, Governor Paterson signed a measure into law as part of the 2010- 2011 State Budget that moves the remainder of the dog licensing function required by Article 7 of the New York State Department of Agriculture and Markets (NYSDAM) to the local level, and WHEREAS, as a result, the existing roles of both county government and NYSDAM in the licensing of dogs will be eliminated on January 1, 2011, and WHEREAS, in order to offset costs associated with this requirement, Part T of the Laws of New York 2010, eliminates the current revenue -sharing structure between localities, counties and NYSDAM and directs one hundred percent (100%) of the revenue associated with dog licensing to the towns, and WHEREAS, under this new provision Article 7 of NYSDAM allows the local municipality to determine the need to establish a local dog licensing fee schedule to compensate for this change, therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts such fees associated with the "Licensing, Identification and Control of Dogs" within the town including the Village of McGraw as follows: Altered dog license fee: $10.00 Altered dog surcharge: $ 1.00 mandated by NYS for Animal Population Control Unaltered dog license fee: $19.00 Unaltered dog surcharge: $ 3.00 mandated by NYS for Animal Population Control Replacement tag fee: $ 4.00 each tag Specialty tag fee: $ 4.00 each tag Renewal late fee: $ 5.00 each dog, each month Unlicensed dog fee: $ 5.00 each dog DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 14 Enumeration fee: Purebred license fee: Purebred license fee: Purebred license fee: $ 5.00 each dog $45.00 3 to 10 dogs $90.00 11 to 18 dogs $180.00 19+ dogs BE IT FURTHER RESOLVED, these fees associated with the "Licensing, Identification and Control of Dogs" shall become effective January 1, 2011. Under old business, Supervisor Tupper apprised the Board the Town's Moratorium on Wind Farms would expire December 31, 2010. At this point, the Town does not have enough information to remove the moratorium. Councilman Rocco apprised the Board he has traveled across New York State to about 12 wind farms, and has talked with people living in the communities. He stated there is very little that we know about the proposed windmills to be located in Cortlandville. The Town must know the proposed height of the turbines and where they would be located. Once the Town knows such information, the Town must then consult experts based on that information. He stated the Town must also know whether the company interested in building the turbines signed the Attorney General's Business Conduct and Ethics Statement as they said they would long ago at a County Legislature meeting. Councilman Rocco questioned representatives from the County as to whether or not the statement was ever submitted, and asked that a copy of the statement be forwarded to him if it had been signed. According to the Attorney General's Office, such statement has not been filed, nor has Councilman Rocco been forwarded a copy per his request. Councilman Rocco commented that the Board has been studying wind turbines and has been discussing the issue amongst one another, but must take the time to find out more about the turbines. He mentioned that Vermont has a state law requiring a distance of 1-1/3 miles between wind turbines that are 296 ft. tall. The World Health Organization also has issues that need to be addressed. Councilman Rocco requested a six-month extension to the moratorium on wind farms in order for the Town to get answers to questions that need to be addressed from experts. Councilman Testa requested Supervisor Tupper contact the Town's engineering firm, Clough Harbour & Associates, to request additional information on wind turbines. RESOLUTION #206 AUTHORIZE SIX-MONTH EXTENSION TO LOCAL LAW NO. 2 OF 2010 — IMPOSING A MORATORIUM ON PLACEMENT OF COMMERCIAL WIND FARM FACILITIES Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, on May 19, 2010 the Town Board of the Town of Cortlandville adopted Local Law No. 2 of 2010 "Imposing a Moratorium on Placement of Commercial Wind Farm Facilities", which was filed with the New York State Department of State effective June 1, 2010, and WHEREAS, per Section 5 of the Local Law, the moratorium imposed by the Local Law shall be in effect from its effective date until December 31, 2010, unless extended by Resolution of the Town Board, and WHEREAS, the Town Board of the Town of Cortlandville finds that an extension of the moratorium is warranted, therefore BE IT RESOLVED, the Town Board does hereby authorize a six-month extension to Local Law No. 2 of 2010, "Imposing a Moratorium on Placement of Commercial Wind Farm Facilities", and it is further RESOLVED, the extension shall be in effect until June 30, 2011, unless extended by Resolution of the Town Board. 1 1 1 DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 15 Councilman Rocco apprised the Board the committee appointed by the County Legislature to discuss wind farms met for over one year to discuss the matter. However, as soon as the committee started to discuss an appropriate distance between dwellings and wind turbines, and did not reach an immediate decision, the County essentially shut down the committee and replaced it with a committee of four people. Councilman Rocco wanted it to be clear that the committee he sat on was shut down just as decisions were being made. Town Clerk Snyder apprised the Board the Permissive Referendum for the expenditure of $300,000 for the purchase and installation of new water meters for the Town expired November 29, 2010. No petitions were filed therefore Town Clerk Snyder prepared a certification stating such. Town Clerk Snyder informed the Board she received a Notice of Claim for an alleged faulty bridge and faulty design. She would forward a copy of the Notice to the Town's insurance company. RESOLUTION #207 ACKNOWLEDGE RECEIVING NOTICE OF CLAIM FOR PROPERTY DAMAGE Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Claim for property damage due to an alleged faulty bridge/culvert design, sustained by Thomas Quinn, for property located at 2856 Hoxie Gorge Road in the Town of Cortlandville. Town Clerk Snyder announced that her office would be closed on December 6, 2010 from 8:30 a.m. to 1:00 p.m. She and her staff would be attending a New York State Town Clerk's Association training seminar at Hope Lake Lodge. Attorney Folmer had nothing to report. RESOLUTION #208 AUTHORIZATION TO RELEVY DELINQUENT WATER AND SEWER ACCOUNTS TO THE 2011 TAX ROLL OF THE TOWN Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the list of delinquent accounts of the Water & Sewer Department of the Town was submitted, as required, therefore BE IT RESOLVED, the Town Board does hereby receive and forward the list of delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property Tax Office, to be relevied onto the 2011 tax roll of the Town. Town Clerk Snyder informed the Board the amount of delinquent water and sewer accounts to be relevied onto the 2011 tax roll of the Town was $25,511.36. The Town would accept payments postmarked by November 30, 2010. Outstanding accounts under $50.00 would not be relevied. /-00 DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 16 RESOLUTION #209 REFER ZONE CHANGE REQUEST OF DR. J. LEE AMBROSE TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Testa Seconded by Councilman Leach Opposed by Councilman Rocco VOTES: ADOPTED BE IT RESOLVED, the Zone Change Request submitted by Dr. J. Lee Ambrose for properties located west of Commons Avenue and east of Westmore Lane, tax map #86.09-01-21.000, 86.09-01-22.200, and 86.13-01-14.110, from R-1 to B-1, shall be referred to the Town and County Planning Boards for their review and recommendations. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from New York State Office of Parks, Recreation and Historic Preservation, dated November 15, 2010, regarding the denial of the Environmental Protection Fund grant application submitted by the Town for the Testa Park Project. All voting aye, the motion was carried. RESOLUTION #210 AUTHORIZE SUPERVISOR TO SIGN THE OWNER - OCCUPIED LOAN AGREEMENT AND AFFIDAVIT BETWEEN THE TOWN AND MARY COGSWELL FOR THE 2008 HOME GRANT SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner - Occupied Loan Agreement and Affidavit between the Town of Cortlandville and Mary Cogswell, 751 NYS Route 222, Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant - Senior Housing Rehabilitation Program in the amount of $20,140.00. RESOLUTION #211 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON & COMPANY, LLP TO AUDIT THE TOWN'S FINANCIAL STATEMENTS FOR THE YEAR ENDING DECEMBER 31, 2010 Motion by Councilman Leach Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the agreement with Ciaschi, Dietershagen, Little, Mickelson & Company, LLP to audit the Town's financial statements for the year ending December 31, 2010, for an amount not to exceed $10,500.00. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from Fiscal Advisors & Marketing, Inc., dated November 8, 2010, regarding the Town's Material Events Notice due to a rating change in the insurer(s) of various bonds issued by the Town. All voting aye, the motion was carried. 1 zoo. J DECEMBER 01, 2010 TOWN BOARD MEETING PAGE 17 Supervisor Tupper questioned whether there were any further comments to be made. Councilman Rocco commented on the proposal before the County Legislature for the sale of the County Landfill. He was concerned that the public was not as informed as they should be. Councilman Leach apprised the Board he attended the meeting in which the initial presentation was made by En -Sol Inc., a consulting firm hired by the County to conduct the study on the landfill. After the meeting, it was suggested that the presentation be made to the public. Councilman Leach added that sale of the landfill was only one of the suggestions made by the consultant. Attorney Folmer noted that the County Legislature would conduct a public hearing regarding the County Landfill on Monday, December 6, 2010 at 6:00 p.m. at the County Office Building Auditorium. Councilman Rocco encouraged the public to attend the public hearing to voice their opinions. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:40 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on December 10, 2010. The final version of this meeting was approved as written at the Town Board meeting ofDecember 15, 2010.