HomeMy WebLinkAbout08-04-2004114
AUGUST 04, 2004
7:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding.
Members present:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water &
Sewer Sup't. Peter Alteri; Cortland County Sheriff, Lee Price; Cortlandville Residents: Liz
McGrath; Scott Flatt; Donna Johnson; Susan Crane; Sandra Johnson; Mr. and Mrs. Joe Ferro;
Franco and Maria Spaziani; and David Spaulding; Cortland City Residents: Theresa Quail;
Arnold and Ann Goluboff; and News Reporter, Brian Liberatore from the Cortland Standard.
Supervisor Thorpe called the meeting to order.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file
the Town Planning Board Minutes of May 17, 2004. All voting aye, the motion was carried.
RESOLUTION #132 AUTHORIZE PAYMENT OF VOUCHERS — AUGUST
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #389 - 403
$
9,121.91
General Fund B
B79 - B80
$
5,417.77
Highway Fund DB
D262 - D282
$
19,241.56
Water Fund
W 152 - W 160
$152,126.17
Sewer Fund
S58 - S61
$
32,401.01
Capital Projects
H34 - H34
$
181.95
Supervisor Thorpe offered privilege of the floor to Theresa Quail.
Theresa Quail, of 25 Lansing Avenue in the City of Cortland, stated she was the
spokesperson for neighbors in the area of Owego Street, Lansing Avenue, Delaware Avenue, Isabel
Drive and Louise Drive. Over the past three years the neighborhood has endured loud music, live
bands, fireworks and loud motorcycles. Residents of the neighborhood tried to be proactive and
personally approach the person causing the problems.
Mrs. Quail apprised the Board that in May 2004, 30 neighborhood residents met with
Cortland County Sheriff, Lee Price and City Police Chief, Jim Nichols regarding a solution to the
problem. Although residents make complaints with the Sheriff Department and the State Police,
there is no solution because the Town of Cortlandville does not have a noise ordinance.
Mrs. Quail stated that in the past, living in the Town could be compared to living in the
country, which is no longer the case. In order to improve the neighborhoods and to help the
authorities enforce complaints, she requested the Board consider adopting a noise ordinance for the
Town. Mrs. Quail provided the Board with a copy of the City of Cortland Noise Ordinance for
review, and stated it would be an opportune time to adopt a noise ordinance since the Town was
already revising its zoning ordinance. She assured the Board a noise ordinance would improve the
quality of life for all residential areas. Mrs. Quail hoped the Board would consult the neighbors in
the area regarding the issue.
1
J
1
115
AUGUST 04, 2004 TOWN BOARD MEETING PAGE 2
Supervisor Thorpe offered privilege of the floor to Cortland County Sheriff, Lee Price.
Sheriff Lee Price apprised the Board he was at the meeting to give the Board an update on
the County Sheriffs Department, as well as to show support for Mrs. Quail and area residents
regarding a noise ordinance. He apprised the Board that the Sheriff Department and the State Police
receive several phone calls regarding a noise at a particular residence. This past weekend there was
another party that the Sheriff Department was called out to. Officers responded to the complaints
and were able to quiet the party around midnight.
Sheriff Price apprised the Board that the County Sheriffs Department has a $6 million
budget, of which most is used for the jail and the 911 Center. The County Jail is currently full. One
project being considered to reduce jail costs is the use of ankle bracelets. The ankle bracelets would
reduce the number of people in jail by placing certain inmates under house arrest. Sheriff Price
informed the Board that in one month alone, the cost of medication for one inmate was $3200. He
explained that about 99.5% of the money used for jail comes from county property taxes.
He informed the Board that the County 911 Center is in the process of taking over the
dispatch for the City Police. When a call is made to 911 regarding a problem in the City, the
dispatcher transfers the call directly to the City Police who responds to the call. The Sheriffs
Department is also updating the cellular phone system with the help of a $200,000 grant. Currently,
if a call comes is received from a cell phone only the callback number appears. Eventually, the
latitude and longitude of the cell phone will be given, which would show the location of the caller.
Sheriff Price apprised the Board that the road patrol has been very busy for both the
Sheriffs Department and the State Police, especially since both departments have had to cutback
several officers. The Town of Cortlandville is one of the busiest areas for the Sheriff s Department
and the State Police for accidents and complaints. Also, three cars patrol the Town after 11:00 p.m.
every night.
According to Sheriff Price, the Sheriffs Department would request more money from the
Town during budget time. Sheriff Price hoped to hire another drug investigator. Recently, the
Cortland County Drug Task Force arrested 30 people in a drug bust, which took over a year to
accomplish. Also, recent drug arrests have involved people who do not live in Cortland County,
including gang members. Sheriff Price assured the Board he his trying to keep Cortland County
safe.
Supervisor Thorpe reverted back to the discussion regarding a noise ordinance, and
questioned whether Sheriff Price thought there would be any problems enforcing a noise ordinance
in the Town, since the Sheriffs Department would be the primary agency to enforce it.
Sheriff Price commented that every person has a different level of noise they can tolerate.
The Sheriffs Department could purchase a decibel meter to measure noise, which would help prove
possible cases in court.
Attorney Folmer stated that according to the City of Cortland's ordinance, the operation of a
music device that can be plainly heard from 11:00 p.m. to 7:00 a.m., at a distance of 50 feet is prima
facie evidence of that violation. He questioned how effective the City Police has been with
enforcing their ordinance, as well as whether arrests were being made according to Section 240 of
the Penal Law.
Sheriff Price stated he has not had any experience with the noise ordinance himself,
however the City makes disorderly conduct arrests regarding noise. He commented that Section
240 of the Penal Law is difficult to enforce on private property.
Attorney Folmer stated he is not opposed to drafting a noise ordinance, but is concerned
about its enforcement. According to Section 193-2 of the City's Noise Ordinance, the underlying
prohibition is that it is "unlawful for any person to make, continue, or cause to be made or continued
any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs,
injures or endangers comfort, repose, health, peace or safety of other, within the limits of the City."
All the terms pointed out in the ordinance are not objective. He gave an example that what he
listens to and what his daughter listens to are two different noise levels. What may be annoying to
him may not be annoying to his daughter. Attorney Folmer's main concern was the enforceability
of the ordinance given the subjective nature of the terms.
Mrs. Quail interjected and stated that three years ago the parties occurred about twice a
summer and the neighborhood tolerated the noise. Now, the parties occur twice a month.
Complaints are made to the State Police and the Sheriff Department, and officers are sent to the
property. The music is turned down, but once the officers are out of sight, the music level is turned
UP.
Attorney Folmer apprised those in attendance that Section 130 of the Town Law gives the
Town Board the authority to enact a noise ordinance. The Attorney General has indicated in his
opinion that the fact that there is a statewide noise ordinance, it does not preempt the Town's ability
to enact such ordinance. Attorney Folmer stated he would speak with City Police Chief Nichols
regarding enforcement of the noise ordinance, as well as with the County District Attorney
regarding prosecuting the crimes.
AUGUST 04, 2004 TOWN BOARD MEETING PAGE 3
Councilman Rocco questioned Sheriff Price about the letter addressed to him from Theresa
Quail, which was included in the information she presented to the Board. In her letter, Mrs. Quail
questioned why her May 23rd, 2004.complaint was not entered into the Sheriff s log, why the officer
on duty did not identify himself, and questioned what the Sheriff s Department would do about the
homeowner who creates the constant disruption.
Sheriff Price commented that the Sheriffs Department -was responding to other calls that
evening and that the dispatcher was busy. He stated that his dispatchers, road patrol, and himself
are human and make mistakes, and that they always try to correct the mistakes.
Attorney Folmer questioned whether or not fireworks were being utilized, and if so how
often.
Donna Johnson, who resides at 7 Louise Drive, stated that although she does not hear the
noise, she is aware of the fireworks and bonfires that occur. She believed that in order for the
fireworks to be set off that a permit was being issued by the Town. She requested a copy of the
permits that have been issued. She commented that the fireworks were also an issue because they
could potentially cause a fire at one of the residences in the area.
Mrs. Johnson complained about the bonfires that are built, which are large and dangerous.
Numerous phone calls have been made to the Cortlandville Fire Department regarding the bonfires.
Although the Cortlandville Fire Department is a volunteer station, she commented that it costs the
taxpayers money every time the fire trucks leave the department.
As a member of the Cortland School Board, Mrs. Johnson stated the fireworks and bonfires
are of concern because there are children who live in the area and see the bad behavior.
Sheriff Price questioned whether Attorney Folmer could find something in the law regarding
bonfires, because the Cortlandville Fire Department is in the same situation as the Sheriffs
Department. The Cortlandville Fire Department cannot go on private property and extinguish the
bonfire unless it is a danger to the property or a threat to others.
Attorney Folmer stated the disorderly conduct statute says that a person cannot act a certain
way in a public place. An individual's backyard is not a public- place, which makes a severe
restriction on the Sheriff Department's ability to deal with the situation.
Town Clerk Snyder apprised those in attendance that there is no fireworks permit required
in the Town. She could therefore not provide copies of the nonexistent permits to Mrs. Johnson.
She informed those in attendance that a professional, registered through the NYS DEC for
explosives, could be hired to set off the fireworks.
Franco Spaziani, who resides at 1279 Louise Drive, commented that the individual setting
off the fireworks is not licensed, and stated that he knows the person who purchases the fireworks.
Sheriff Price informed Mr. Spaziani that it is difficult to arrest someone for possession of
fireworks when there are over 100 people on the property.
The residents in attendance believed that the homeowner was ultimately responsible for the
fireworks.
Attorney Folmer apprised those in attendance that the homeowner may be responsible in a
negligence action if someone were injured. However, the regulations of the Department of Labor
state that "no one shall possess" fireworks. If there are 150 people at a party it may be hard to prove
who possesses the material. Being the landowner does not mean that they are in possession of the
material.
Mr. Spaziani questioned what the difference was between someone leaving the
homeowner's property drunk and causing an accident and fireworks, with regard to responsibility.
Attorney Folmer stated the difference is that in the drunk driving example, the landowner
could be sued in a cause of action alleging that he was negligent in the use of his property. He has a
duty to the person injured and a duty to keep people safe, which he presumably failed. With regard
to enforcing fireworks, it would be a criminal prosecution in which guilt must be proven beyond a
reasonable doubt. The only possession presumption that Attorney Folmer was aware of was with
regard to the possession of drugs in the Penal Law. If narcotics are found in a car, it is presumed
that the narcotics are in the possession of every person in the vehicle.
Councilman Pilato questioned whether fireworks could be confiscated since it is a violation
of the law.
Attorey Folmer stated that according to the Department of Labor regulations, fireworks may
be confiscated if they are in the possession of someone who does not have a permit. Again, the
magic word is possession.
Sheriff Price stated that the Sheriff Department does confiscate fireworks, but the problem is
entering private property and proving that there are fireworks.
Mrs. Johnson questioned whether she and other residents could go to the particular
homeowner's property and confiscate the fireworks if nobody has a permit via citizen's arrest.
Attorney Folmer suggested the residents not get involved to that degree.
Mr. Spaziani stated his main concern was that the parties go on until 3:00 a.m. and 5:00 a.m.
He questioned how his rights could possibly be protected when he is constantly disturbed.
1
AUGUST 04, 2004 TOWN BOARD MEETING PAGE 4
Attorney Folmer stated he understands Mr. Spaziani's rights, and understands the rights of
the other property owner.
Supervisor Thorpe questioned whether the discussion could come to an end and instead
focus on drafting an ordinance that could perhaps alleviate some of the problems.
Mrs. Quail made a final comment that the only way her neighborhood will be protected
from the nuisance is for the Board to take action with an ordinance, especially since the "Sheriff's
hands are tied."
Attorney Folmer stated he would produce a draft of a noise ordinance within thirty days.
Supervisor Thorpe stated the public would be notified of a public hearing before any
ordinance is acted on.
Monthly reports of the Supervisor and the Town Clerk for the month of July 2004 are on
the table for review and filed in the Town Clerk's office.
RESOLUTION #133 ACKNOWLEDGE RECEIVING "NOTICE OF PETITION" FOR
REVIEW OF ASSESSMENTS
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
"Notice of Petition" regarding their current assessments from the following:
Pall Trinity Micro Corp. Tax Map #'s: 95.00-05-12.000
95.00-05-13.000
95.12-01-07.000
RESOLUTION 4134 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S
SHARE OF COUNTY SALES TAX
Motion by Councilman Pilato
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid
directly all of its share of county sales taxes which would otherwise be applied to reduce the
county taxes levied upon real property in the Town of Cortlandville, and be it further
RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective
commencing with calendar year 2005, and it is further
RESOLVED, that the Cortlandville Town Clerk shall forward a certified copy of this Resolution
to the Cortland County Treasurer and the Cortland County Director of Real Property Tax
Services by registered or certified mail before September 01, 2004.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Timothy J. Maher, Real Property Analyst, from the NYS Board of Real
Property Services regarding the Final State Equalization Rate. All voting aye, the motion was
carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from James Geiger, Project Manager of the NYS Environmental Facilities
Corp., regarding the Engineering Agreement between the Town of Cortlandville and North Star
Drilling for the Highland Road Sewer Improvement Project. All voting aye, the motion was
carried.
I 1 8
AUGUST 04, 2004 TOWN BOARD MEETING PAGE 5
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from James Geiger, Project Manager of the NYS Environmental Facilities
Corp., regarding the Engineering Agreement between the Town of Cortlandville and Timothy
Buhl, P.E. for the Highland Road Sewer Improvement Project. All voting aye, the motion was
carried.
Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file
the Cortland County Planning Board Resolution #04-27 regarding the Zoning Text Amendment.
All voting aye, the motion was carried.
RESOLUTION #135 REFER CODE VIOLATION OF L.D. WILLCOX & SON, INC.
FOR PROPERTY LOCATED AT 1113 NYS ROUTE 13 TO
TOWN ATTORNEY FOR REVIEW AND PROCEED AS
REQUIRED
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the code violation of L.D. Willcox & Son, Inc. for property located at 1113
NYS Route 13, Cortland, New York, is hereby referred to the Town Attorney for review and he
is hereby directed to proceed with compliance, as required.
Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file
correspondence from Ginger Dame of the NYS Local Retirement System regarding monthly
reporting. All voting aye, the motion was carried.
Attorney Folmer reported:
Highland Road Sewer Improvement Project— 2004:
Attorney Folmer apprised the Board the Highland Road Sewer Improvement Project is
underway. He has been in contact with the NYS Environmental Facilities Corporation, which is
the corporation that can offer low interest rate financing. Attorney Folmer stated he had two of
the three last pieces of information required, due to the help of Town Clerk Snyder and Deputy
Town Clerk, Kristin Rocco. The loan may be able to close by September. According to Town
Engineer, Hayne Smith, the NYS Environmental Facilities Corp. may only be able to provide
$600,000 at a low interest rate for the project.
Emory Knight Junkyard Violation:
Attorney Folmer apprised the Board he visited Emory Knight's property regarding his
zoning violation. Town Justice, Francis Casullo gave Mr. Knight a conditional discharge in
September 2003, which expires on September 71h, 2004. According to Mr. Knight, the removal
of the vehicles and white goods is almost complete and will be completed by the expiration date
of the conditional discharge.
Renaissance Development Drainage Ditch:
Attorney Folmer apprised the Board that during a recent rainstorm the drainage ditch
located in the Renaissance Development, behind Dr. Morris' house, gave way and flooded his
basement. Attorney Folmer stated that Attorney Mike Shafer would contact the Board regarding
a solution.
Deed for Hatch Property:
Attorney Folmer apprised the Board he had a proposed deed and description for the
Hatch property located on Stupke Road. The Highway Department would like to purchase the
small triangular parcel for $1500. Attorney Folmer requested the Board adopt a resolution
authorizing the acceptance of the conveyance and the expenditure of $1500 when the deed is
satisfactory to himself and Highway Sup't. Bush.
119
AUGUST 04, 2004 TOWN BOARD MEETING PAGE 6
RESOLUTION #136 ACCEPT CONVEYANCE FROM DOUGLAS AND NANCY
HATCH FOR PROPERTY LOCATED ON STUPKE ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the conveyance of a deed from Douglas
and Nancy Hatch for property located on Stupke Road, a portion of tax map #95.15-03-14.000,
and it is further
RESOLVED, the Board hereby authorizes the expenditure of $1,500.00 for the conveyance of
property, plus additional fees for the preparation of documents payable to the grantor's attorney,
subject to Town Attorney and Highway Sup't. approval.
Bond Consolidation:
Attorney Folmer apprised the Board that the NYS Comptroller recommended the Town
periodically review its bonding situation to see if the Town could take advantage of lower
interest rates. He did not believe the Town should change its bonding position too frequently,
but thought the Town would benefit from lower interest rates.
Attorney Folmer informed the Board he has been in contact with John Shehadi at Fiscal
Advisors. He and Mr. Shehadi are in the process of writing a policy to provide the Town with
lower interest rates, which would include the consolidation of large notes into one note at a lower
interest rate. The single bond issued would include all current bonds, as well as the upcoming
bond for the Highland Road Sewer Improvement Project.
Pall Trinity Micro Corp. Certiorari Action:
As Town Clerk Snyder reported, Pall Trinity Micro Corp. filed another certiorari
proceeding, which is done annually. Attorney Folmer will schedule a meeting between Attorney
Folmer, Assessor David Briggs, and Bond, Schoeneck & King, PLLC. Attorney Folmer hoped
they would be able to reach an agreement that would resolve the assessment issues once and for
all.
Supervisor Thorpe commented that Clough, Harbour & Associates was supposed to
contact Rerob, LLC and collect the money due from the SEQR review. Rerob, LLC. owes the
Town almost $10,000.
Attorney Folmer stated he would speak with James Trasher of Clough, Harbour &
Associates regarding the money owed.
Supervisor Thorpe questioned whether there was anything else to come before the Board.
Developer, Scott Flatt apprised the Board he built a house for a customer on Westvale
Drive on top of a hill. When construction began last winter, it was brought to his attention that
there was a mistake regarding information given to him by the Cortland County Health
Department concerning the hookup to Town water. Mr. Flatt claimed that the Health
Department advised him that according to State Code, if you are within 500 feet of a water main
41 you must hookup. Prior to being advised of the false information, Mr. Flatt was expecting to
drill a well for the house. With the information provided by the Health Department, plans were
devised to run water to the house. The plans prompted Water & Sewer Sup't. Alteri to be
concerned with the connection to the water main.
Mr. Flatt and Sup't. Alteri researched areas that deal with the same problem on a regular
basis. Other areas have devised systems in which water comes from the water main through a
pipe, to the house, and dumps into a tank. A pump on the house side of the tank would pump the
water from the tank to the house. However, according to the State Health Code, no booster
pumps are allowed in residential areas.
According to Mr. Flatt, Sup't. Alteri's concern was with regard to the State Health Code.
The State does not want a pump that could suck a negative pressure out of the water main, in the
event that the water main was ever compromised with a leak or other problem. Theoretically, a
booster pump station may be capable of drawing negative pressure on a main.
1 zo
AUGUST 04, 2004 TOWN BOARD MEETING PAGE 7
Mr. Flatt apprised the Board he received correspondence from John Helgren of the
Cortland County Health Department, condoning the system he has planned. Mr. Helgren also
checked with the State Health Department who reiterated that it is against the State Health Code
to have a booster pump in a residential area. Mr. Flatt commented that if the pump is not directly
connected to the main, then it is technically not connected to the water system.
Supervisor Thorpe stated it is not possible to draw negative pressure on a main if it is
connected to an open tank.
The method Mr. Flatt hoped to use is used in Broome County quite often. He explained
there would be about 14-15 lbs. of pressure going into the basement- of the house on top of the
hill. The tank, which would operate similar to a toilet bowl in terms of how it was shut off,
would hold 80-gallons of water. The family would never run out of water because they would be
ahead 80-gallons.
Mr. Flatt apprised the Board that Water & Sewer Sup't. Alteri did not feel he had the
authority to authorize the booster station, which is why he approached the Board.
Water & Sewer Sup't. Alteri apprised the Board that his concern was the State Code and
Part V of the Health Department Law, which states that at no time shall individual booster
pumps be allowed in homes. He stated the law is vague, and therefore did not want to put the
Town in any position regardless of the fact that the pump would work fine. He did not want to
make the decision without discussing the situation with the Board.
Supervisor Thorpe agreed that the law was vague, but stated that the pump would not be
able to pump enough air to draw a vacuum on the main. The pump would pressurize the
individual system.
Water & Sewer Sup't. Alteri was concerned that there should be measures taken to
protect the Town. In the event that the pump failed the Town would not be responsible. He felt
that the Town, the Board, and himself should be protected from any liability if the booster pump
was allowed. He stated that the property owners should be aware of the circumstances that exist
regarding the possible booster station because the properly could at some point change owners.
He also felt that the Town should not set precedent.
Councilman Rocco questioned whether there was any significance to this being a dead
end line.
Water & Sup't. Alteri stated the line cannot go anywhere and the main is not high enough
to supply water to the house because of the problem with pressure. He apprised the Board that
when Mr. Flatt first approached him regarding the new construction, he advised Mr. Flatt to drill
a well rather than use public water. However, there was miscommunication and a well was not
drilled. Mr. Flatt is now "stuck between a rock and a hard place."
Supervisor Thorpe commented that due to the nature of the water system they would have
to preclude, or rather prevent, building houses at high elevations where the pressure and the main
is not high enough to supply water to the house. On the other hand, he stated that as long as the
builder recognized the problem and decided to go ahead with the project, the Town should be
relieved of any responsibility regarding a booster pump.
Attorney Folmer apprised the Board he was reading through the information provided by
Water & Sewer Sup't. Alteri and had some questions. He questioned what a RPZ was.
Water & Sewer Sup't. Alteri explained that RPZ stood for a reduced pressure zone valve,
which is a backflow device. The RPZ would go on the line as water comes in the house. In the
event that the water main dropped pressure and water tried to come back out of the pipe, the
valves would shut and could not create a vacuum that would draw contaminated water into the
main system.
Mr. Flatt explained it is a residential version of what a big company would use to protect
the water system, similar to what Buckbee Mears utilized.
Water & Sewer Sup't. Alteri stated it is mandated that the system be tested by a state
certified backflow tester annually.
Attorney Folmer read a portion of the communication from the State, and commented
that if Mr. Flatt constructed the booster station he would want to have a restriction of some sort
in the deed. If it went into the deed it would be a matter of record so that every person would
know about the particular situation. He stated he would want to look at the conditions included
in the restriction to ensure it is clear that: 1) the installation must be there and cannot be changed;
2) the Town must be permitted to inspect the pump system; 3) the Town is not responsible in the
event that something goes wrong with the pump system.
Mr. Flatt requested Attorney Folmer make a list of what the Town would want included
in the deed and he would have his Attorney, Russell Ruthig draw up the deed.
Attorney Folmer stated he would speak with Attorney Ruthig.
N
AUGUST 04, 2004 TOWN BOARD MEETING PAGE 8
2.1
Mr. Flatt reverted back to earlier conversation regarding a noise ordinance for the Town.
If the Town were interested, Mr. Flatt could obtain information regarding a decibel reader from
the Watkins Glen racing club. He apprised the Board he is involved in car racing and has seen
the decibel equipment.
Attorney Folmer stated he would appreciate any information regarding the decibel
equipment.
Mr. Flatt also apprised the Board he was confronted by a member of the Cortlandville
Fire Department while burning unused lumber on his property. Mr. Gardner informed him at the
time that he could not conduct an open burn without a permit.
Supervisor Thorpe stated there are restrictions in the Town for burning garbage.
Town Clerk Snyder stated the Fire District may issue permits since they are separate from
the Town.
Water & Sewer Sup't, Alteri stated he was under the assumption that the NYS DEC said
no open burns in the Town of Cortlandville. He was aware that the Cortlandville Fire Chief
spoke with Sheriff Price regarding the issue, and felt there was miscommunication between the
Sheriffs Department, the Fire Department and the NYS DEC.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville