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HomeMy WebLinkAbout08-17-200539(o AUGUST 17, 2005 5:00 P.M. PUBLIC HEARING NO. 1 LOCAL LAW - 2005 NOISE CONTROL ORDINANCE A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, regarding the enactment of a Local Law establishing a Noise Control Ordinance for the Town of Cortlandville, exclusive of the Village of McGraw. Members present: Absent: Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Richard Tupper Town Clerk, Karen Q. Snyder Supervisor, Raymond Thorpe Deputy Supervisor, Theodore Testa Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush Sr.; Planning Board member, Nick Renzi; Susan and Thomas Crane; Sandra Johnson; Donna Johnson; David Shan; Barbara Fauth; Alan MacDonald; Arnold Goluboff; Joe Puzo; Franco Spaziani; Rita Alcorn; John Proud; Bess Koval; Dorothy Furman; Representatives of CAPE: Dr. Patricia Shedd and Robert Rhodes; Under Sheriff, Marty Coolidge; Sharon Stevens from Channel 2, Access TV; News Reporter's, Eric Mulvihill from )vVXHC and Patrick Ruppe from the Cortland Standard. Councilman Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice. Councilman Tupper offered privilege of the floor to those in attendance. Donna Johnson, 1223 Louise Drive, apprised the Board there are a number of people in her surrounding neighborhood (Louise Drive, Levydale Park, Isabel Drive, Route 215, Starr Road) who are in favor of the proposed Noise Control Ordinance. Mrs. Johnson urged the Board to adopt the ordinance. Barbara Fauth, a member of the Neighborhood Watch Group, and a supporter of the proposed ordinance, questioned whether the Board would vote on the matter tonight or wait until the next meeting. Councilman Tupper apprised Mrs. Fauth that the Board would vote on the proposed ordinance later in the meeting. Councilman O'Donnell questioned whether Attorney Folmer added a section to the ordinance regarding agricultural equipment. Attorney Folmer apprised the Board the only comment concerning the proposed ordinance was concern about agricultural equipment. Therefore, under Section 6. Exceptions and variances, the following would be added: D. The emission of sound from agricultural equipment engaged in agricultural or related activities. Attorney Folmer explained that in a rural community the Town could not establish a noise level that would prevent a farmer from using his tractor. Councilman Rocco questioned whether there would be any mediation between the Sheriff and the involved party when the decibel reader is used to measure noise. Attorney Folmer apprised Councilman Rocco that what he was referring to was a policy statement drafted by the Chief of Police of the City of Canandaigua, which was the source material for the Town's Noise Control Ordinance. The Chief of Police distributed a memo to his employees indicating that when they measured noise with the decibel meter that they take one reading rather than a series of readings. He also stated that attempting to mediate the situation was not particularly successful. Attorney Folmer explained that mediation was not part of the ordinance, but was part of the enforcement procedure. 1 F-, AUGUST 17, 2005 PUBLIC HEARING NO. 1 PAGE 2 397 No further comments or discussions were heard. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:10 p.m. J 1 1 AUGUST 17, 2005 5:10 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 Councilman Tupper presiding. Members present: Absent: Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Richard Tupper Town Clerk, Karen Q. Snyder Supervisor, Raymond Thorpe Deputy Supervisor, Theodore Testa Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush Sr.; Planning Board member, Nick Renzi; Susan and Thomas Crane; Sandra Johnson; Donna Johnson; David Shan; Barbara Fauth; Alan MacDonald; Arnold Goluboff; Joe Puzo; Franco Spaziani; Rita Alcorn; John Proud; Bess Koval; Dorothy Furman; Representatives of CAPE: Dr. Patricia Shedd and Robert Rhodes; Under Sheriff, Marty Coolidge; Sharon Stevens from Channel 2, Access TV; News Reporter's, Eric Mulvihill from WXHC and Patrick Ruppe from the Cortland Standard. Councilman Tupper called the meeting to order. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the Planning Board Minutes of May 31, 2005. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the Zoning Board of Appeals Minutes of May 31, 2005. All voting aye, the motion was carried. RESOLUTION #158 AUTHORIZE PAYMENT OF VOUCHERS — AUGUST Motion by Councilman O'Donnell 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 #408 - 427 $ 78,675.40 General Fund B B96 - B103 $ 65,610.30 Highway Fund DB D307 - D326 $ 55,541.84 Water Fund W 144 - W 153 $134,472.77 Sewer Fund S67 - S74 $ 28,895.22 Trust & Agency T9 - T9 $ 34,381.97 Capital Projects H82 - H91 $197,646.73 Councilman Tupper offered privilege of the floor to Highway Sup't. Carl Bush. Highway Sup't. Bush apprised the Board he had a list of surplus equipment that he would like to take to the Roy Teitsworth Auction in September 2005. Councilman O'Donnell explained to Councilman Tupper that Highway Sup't. Bush's request was a routine procedure. Councilman Tupper added Highway Sup't. Bush's request to the agenda as item H-6. Councilman O'Donnell apprised the Board that Supervisor Thorpe received a letter from the Cortland County Airport inviting him to a meeting dealing with the airport and a master plan update. In Supervisor Thorpe's absence, Councilman O'Donnell and Highway Sup't. Bush attended the meeting. The airport is looking to improve the airport and has been working with Linda Hartsock of the Cortland County IDA/BDC. In addition, the FAA would hopefully be supporting the project with funding. 1 1 1 3q9 AUGUST 17, 2005 TOWN BOARD MEETING PAGE 2 Councilman Rocco stated he did "not think it would be in the best interest of the Town that the airport be expanded in any shape, way or form." He stated that the airport is in the middle of a residential area that is growing, and mentioned he has been in attendance for three plane crashes into surrounding farmland, which is no longer just farmland. Councilman Rocco stated he did not see any need for an expansion of the airport, or an expansion of the runway. Councilman Rocco suggested the County move the airport to another location, or keep it as it is. He mentioned that the airport sits on the aquifer and stated that CAPE should be interested in the issue. Councilman Tupper offered privilege of the floor to Nick Renzi. Planning Board member, Nick Renzi acknowledged the fact that the Town Board agenda was available of the Cortlandville website. He commended Town Clerk Snyder and others who worked on posting the information for the public. Mr. Renzi informed the Board he would suggest that the Planning Board and Zoning Board of Appeals also post their meeting agendas on the website. Councilman Tupper thanked the Supervisor's Secretary, Patty O'Mara for "quickly responding to comments made last week" about the agenda. Councilman Rocco stated the agenda was listed on the website under the heading, "Town Board." He apprised Mr. Renzi there was also a spot for email addresses if members chose to utilize that method of communication. Monthly reports of the Town Justice for the month of June and July 2005, and for the Water & Sewer Dept. for the month of July 2005, were on the table for review and are filed in the Town Clerk's office. There was discussion regarding the proposed Noise Control Ordinance. Attorney Folmer questioned whether a decibel reader machine was purchased. Town Clerk Snyder stated Under Sheriff Marty Coolidge was researching different decibel meter readers and where to purchase them. Councilman Tupper mentioned that the Board authorized the expenditure. Attorney Folmer apprised the Board the ordinance discusses decibel levels at 65 dBA. He shared a decibel measuring chart with the Board, which measures normal breathing at 10 dBA; laughter at 60-65 dBA; a lawn mower at 85-90; a jackhammer at 110 dBA; a Rock Concert at 110- 140 dBA. Attorney Folmer stated the Board might have to amend the ordinance to adjust the decibel levels after testing has been done with the decibel reader. In the meantime, one of the sections provides a method by which the noise ordinance, as written, can be enforced without reference to the decibel meter itself. If the Board adopts the ordinance in its present form, amendments can be made in the future to adjust the decibel levels. Barbara Fauth questioned how the public would know if an amendment to the decibel levels were made. Attorney Folmer informed Mrs. Fauth an amendment would be done in the form of a local law, and when enacted has to be amended by a local law. Notice would be given, and a public hearing would be held. Councilman Rocco stated he has been in favor of a Noise Control Ordinance for the past five years. He stated the town is growing rapidly, and "with great vigor" he made a motion to adopt the Local Law. RESOLUTION #159 ADOPT LOCAL LAW NO. 3 OF 2005 ESTABLISHING A NOISE CONTROL ORDINANCE WITHIN THE TOWN OF CORTLANDVILLE, EXCLUSIVE OF THE VILLAGE OF MCGRAW Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: Councilman Rocco Aye Councilman O'Donnell Aye Councilman Tupper Aye ADOPTED 100 AUGUST 17, 2005 TOWN BOARD MEETING PAGE 3 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 entitled "Noise Control," 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 Town Hall, 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 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 accepts said Local Law as Local Law No. 3 of 2005, entitled "Noise Control," a copy of which is attached hereto and made a part hereof, and the Town Clerk is hereby 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: Sections: 1. Title. 2. Declarations of findings and policies. 3. Definitions. 4. Enforcement responsibility. 5. Prohibited acts. 6. Exceptions and variances. 7. Enforcement. 8. Other remedies. 9. Severability. 10. Effective date. Section 1. Title. This ordinance may be cited as the "Noise Control Ordinance of the Town of Cortlandville." Section 2. Declarations of findings and policies. It is hereby found and declared that excessive sound is a serious hazard to the public health and welfare, safety and the quality of life in the Town of Cortlandville; and, It is further found and declared that the people have a right to and should be insured an environment free from excessive sound that may jeopardize their health, welfare or safety, or degrade the quality of life; and, It is, therefore, hereby established as the policy of the Town of Cortlandville to prevent excessive sound, which may jeopardize the health and welfare or safety of its citizens and degrade the quality of life. Section 3. Definitions. A. "dB(A)" The unit of measurement for sound approximating the auditory sensitivity of the human ear as measured with a sound level meter using the A -weighted network. B. "Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage, which demands immediate action. C. "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. IJb I AUGUST 17, 2005 TOWN BOARD MEETING PAGE 4 D. "Motor vehicle" means a vehicle listed as a motor vehicle as defined in the Vehicle and Traffic Law of the State of New York. E. "Motorcycle" means a vehicle listed as a motorcycle as defined in the Vehicle and Traffic Law of the State of New York. F. "Muffler or sound dissipative device" means a device for abating the sound of escaping gasses of an internal combustion engine. G. "Noise" means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. H. "Noise disturbance" means any sound which (1) endangers or injures the safety or health of humans or animals, or (2) annoys or disturbs a reasonable person of normal sensitivities, or (3) endangers or injures personal or real property. I. "Person" means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state. J. "Public right-of-way" means any street, avenue, boulevard, highway, sidewalk or alley or similar place, which is owned or controlled by a governmental entity. K. "Public space" means any real property or structures thereon which are controlled or owned by a governmental entity. L. "Real property boundary" means an imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. Section 4. Enforcement responsibility. The enforcement of this Noise Control Ordinance shall be accomplished by the Cortland County Sheriff. Section 5. Prohibited acts. Noise disturbances prohibited. A. General. 1. No person shall unreasonably make, continue, permit, or cause to be made, continued or permitted, any noise disturbance. 2. No person shall make, continue, permit, or cause to be made, continued or permitted, any noise exceeding 65 dBA, as measured from the real property boundary of the premises which is the source of the noise ("generating property boundary") from the hours 11:00 p.m. to 7:00 a.m., and 80 dBA at all other times. Furthermore, no person shall make, continue, permit, or cause to be made, continued or permitted, any noise exceeding 55 dBA, as measured from the real property boundary of any premises used as a dwelling ("receiving property boundary"), from the hours 11:00 p.m. to 7:00 a.m. and 65 dBA at all other times. A violation of this ordinance shall occur if either of these standards is exceeded. B. Specific violations. As examples, and not in limitation of the general statement of this ordinance at "A" above, the following acts, and the causing thereof, are declared to be in violation of this ordinance, when such acts create a noise disturbance across a real property boundary. 1. Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound; `-l0C9- AUGUST 17, 2005 TOWN BOARD MEETING PAGE 5 2. Animals. Owning, possessing or harboring any animal which frequently or for continued duration, makes a noise which creates a noise disturbance across a real property boundary; 3. Adequate mufflers or sound dissipative devices. a. No person shall operate or cause to be operated any motor vehicle or motorcycle not equipped with a muffler or other sound dissipative device in good working order and in constant operation; b. No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle. 4. Motor vehicle horns and signaling devices. The sounding of any horn or other auditory signaling device on or in any motor vehicle on any public right-of-way or public space, except as a warning of danger or as provided in the Vehicle and Traffic Law of the State of New York. 5. Recreational motorized vehicles operating off public rights -of -way. Except as otherwise permitted below, no person shall operate or cause to be operated any recreational motorized vehicle off a public right-of-way in such a manner as to create a noise disturbance across a real property boundary or between the hours of 9:00 p.m. and 8:00 a.m. the following day. This Section shall apply to all recreational motorized vehicles whether or not duly licensed and registered including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles, amphibious craft, campers and dune buggies, mini -bikes, and any other such type of vehicle with noise characteristics of or similar to any of the above. Section 6. Exceptions and variances. The provisions of this ordinance shall not apply to: A. The emission of sound for the purpose of alerting persons to the existence of an emergency; or B. The emission of sound in the performance of emergency work; or C. Public speaking and public assembly activities conducted on any public place or public right-of- way; or D. The emission of sound from agricultural equipment engaged in agricultural or related activities. Section 7. Penalties. A. Any violation of the Noise Ordinance shall be deemed an offense and upon conviction shall be punishable by a fine of: . I" offense — Not less than Fifty dollars ($50.00) and not more than One Hundred dollars ($100.00) and imprisonment in the jail of Cortland County until said fine be paid, not exceeding one day for each dollar of fine imposed. 2nd offense within one year — Not less than One Hundred dollars ($100.00) and not more than Two Hundred Fifty dollars ($250.00) and imprisonment in the jail of Cortland County until said fine be paid, not exceeding one day for each dollar of fine imposed. 3`d offense within one year and each subsequent offense within one year — Not less than Two Hundred and Fifty dollars ($250.00) and not more than Five Hundred dollars ($500.00), and imprisonment in the jail of Cortland County until said fine be paid, not exceeding one day for each dollar of fine imposed. B. Any person who willfully or knowingly violates any provision of this ordinance shall be fined for each offense a sum of not less than Two Hundred Fifty dollars ($250.00) and not more than Five Hundred dollars ($500.00) and imprisonment in the jail of Cortland County until said fine be paid, not exceeding one day for each dollar of fine imposed. C. Each day of violation of any provision of this ordinance shall constitute a separate offense. AUGUST 17, 2005 TOWN BOARD MEETING PAGE 6 Section 8. Other remedies. No provision of this ordinance shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this ordinance or from other law. Section 9. Severability. If any provision of this ordinance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated. Section 10. Effective date. This local law shall become effective when filed with the Secretary of the State of New York as required by law. Attorney Folmer informed those in attendance that the Local Law would not be effective until filed with the Secretary of the State of New York. Town Clerk Snyder would prepare the Local Law for filing. Mrs. Fauth questioned how long it would take to file the Local Law with the State. Town Clerk Snyder informed Mrs. Fauth that she is required to file the Local Law with the Department of State. Once the State receives the Local Law by certified mail, it is considered filed and a letter is sent to the Town with the filing date. The Local Law is effective upon the Secretary of State's filing date. The letter from the State is then received and filed through the Town Board process. Town Clerk Snyder explained that the process could take up to three weeks. Town Clerk Snyder apprised the Board she was in receipt of correspondence from William L. Baker, regarding his intent to renew the NYS liquor license for Night Owls. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from William L. Baker, regarding his intent to renew the liquor license for Night Owls located at 3840 US Route 11. All voting aye, the motion was carried. Town Clerk Snyder apprised the Board the Town was in receipt of two Petitions for Small Claim Assessments from Daniel and Amanda Borden, 447 Surrey Drive, and Louis and Hester Truter, 4577 Albany Street. The Town was also in receipt of a Notice of Petition on Special Franchise Assessments for the year 2004 from New York State Electric and Gas Corporation against the State Board of Real Property Services, which would be taken care of at the State level. RESOLUTION #160 ACKNOWLEDGE RECEIVEING SMALL CLAIMS ASSESSMENT REVIEW PETITIONS Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Small Claims Assessment Review Petitions, regarding their current assessment property values from the following property owners: Daniel and Amanda Borden 447 Surrey Drive Tax Map #95.14-01-01.000 Louis and Hester Truter 4577 Albany Street Tax Map #76.00-03-07.000 AUGUST 17, 2005 TOWN BOARD MEETING PAGE 7 RESOLUTION #161 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENTS Motion by Councilman O'Donnell Seconded by Councilman Rocco 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 New York State Electric & Gas Corporation. Attorney Folmer reported: Updating Article XI of the Town Code — Planned Unit Development: Attorney Folmer commented that the Planning Board requested the Town Board review Article XI of the Town Code, Planned Unit Development (PUD), which has not been amended nor reviewed since its original adoption. Therefore, Attorney Folmer requested the Board adopt a resolution for a moratorium on the receipt, processing, and approval of PUD applications for 90 days. Currently, the Town has one pending application for a PUD, which would not be affected by the resolution. In addition, the Board reserved the right to extend the period of the moratorium. RESOLUTION #162 DECLARE A 90 DAY MORATORIUM ON THE RECEIPT, PROCESSING, AND APPROVAL OF APPLICATIONS FOR PERMITS AND APPROVALS PURSUANT TO ARTICLE XI OF THE CODE OF THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, article XI of the Code of the Town of Cortlandville has not been amended nor reviewed since its original adoption; and WHEREAS, changes in state and local statutes and regulations as well as changes in the community have caused the Town Board to consider a review of said article necessary and advisable to insure its completeness and applicability to current law and conditions; NOW, THEREFORE, be it resolved as follows: 1. There is hereby declared a moratorium on the receipt, processing and approval of applications for permits and approvals pursuant to Article XI of the Code of the Town of Cortlandville for a period of 90 days from the date hereof. 2. No pending applications pursuant to Article XI shall be affected by this resolution. 3. The Town Board reserves its right to extend the period of this moratorium, should circumstances warrant. Revision of Article XVI of the Town Code - Stormwater Management and Erosion and Sediment Control: Attorney Folmer discussed the Planning Board's request for the Board to update Article XVI of the Town Code, Stormwater Management and Erosion and Sediment Control. The Board sent a copy of Article XVI to the Cortland County Soil & Water Conservation District for review. He reported that the Town was waiting for the County's response. Regulating Lot Size with regard to Septic Systems/Depth of Lots: Attorney Folmer discussed the Planning Board's request for the Board to consider regulating lot sizes with septic systems to a 2-acre parcel. The request was part of a series of changes in the applicable regulations from the State of New York. Attorney Folmer suggested the Board wait till the changes in the regulations were adopted. AUGUST 17, 2005 TOWN BOARD MEETING PAGE 8 Councilman Rocco commented that the Planning Board also suggested the depth of lots be no more than three times the average width. He stated he had personal experience seeing developers develop property with "an 80' frontage and a 300' depth to qualify for a septic system." He continued by stating that property owners then come to the Town for a variance, and the small lot size becomes even smaller. The developer sells more lots, which "trailer-izes" the housing developments. Attorney Folmer agreed and stated that both suggestions from the Planning Board were valid. However, he suggested the Board adopt all the regulations from the State at the same time rather than by piecemeal. Attorney Folmer commented on Mr. Renzi's request at the August 3, 2005 Board Meeting to have the abovementioned items as permanent agenda items until completed. He requested the Board not honor Mr. Renzi's request. Two of the three items are based on information the Board has asked for and is waiting for. If an item is listed on the agenda, the public has the implication that it will be discussed. Councilman Rocco questioned what would happen if a developer came to the Town in the interim and wanted to create parcels with 80' frontage and 300' depth. Attorney Folmer stated the developer would be subject to Planning Board review and guidelines. Town Board Agenda: Attorney Folmer apprised the Board that Deputy Supervisor Testa requested he ask the Board to consider changing the cutoff date for the agenda from the Tuesday before a meeting at noon to Monday at noon. Attorney Folmer suggested the Board discuss the issue at their next meeting. Super Wal-Mart PUD: Attorney Folmer apprised the Board he spoke with the attorneys for Wal-Mart and asked about the preparation of the Environmental Impact Statement (EIS). The attorneys anticipated the EIS would be complete in early September. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Melissa and Britton Chan, 3285 Coventry Lane, dated August 3, 2005 regarding the proposed Super Wal-Mart PUD. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Joan Goodell, 970 Walden Pond Lane, dated August 1, 2005 regarding the proposed Super Wal-Mart PUD. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Dana K. Campbell, Nixon Peabody LLP, Attorneys at Law, regarding an application to construct a 120' wireless communications facility off of NYS Route 13 in the Town of Dryden. All voting aye, the motion was carried. RESOLUTION #163 AUTHORIZE HIGHWAY SUP'T. TO SEND SURPLUS EQUIPMENT TO ROY TEITSWORTH MUNICIPAL AUCTION IN LANSING, NEW YORK ON SEPTEMBER 10 2005 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to send the following equipment to Roy Teitsworth Municipal Auction in Lansing, New York on September 10, 2005: - 1971 International 4x4 Truck with plow and wing, s/n 367771G427825 - 1986 International 10-Wheel Dump Truck with plow and wing, s/n 1 HTZVJMT4GHA65471 AUGUST 17, 2005 TOWN BOARD MEETING PAGE 9 - 1995 Toro Garden Tractor, 20hp, gas, 48 inch cut, s/n 5900646 - Miscellaneous tires (used) - Miscellaneous computer parts - 1991 Chevrolet 1-ton Utility Truck, GV W 10,000 lb., s/n 1 GBHK34KXME 181303 (water & sewer department) No further comments or discussion were heard. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:35 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville 1