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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