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Home My WebLink About11-05-20141.5-�- NOVEMBER 05, 2014 5:00 P.M. PUBLIC HEARING NO. 1 2015 PRELIMINARY BUDGET 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, concerning the 2015 Preliminary Budget. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Allan Stauber; Jeff Breed and Ben Stuart from Gutchess Lumber; News Reporters: Tyrone Heppard from the Cortland Standard, and Sharon Stevans from Channel 2 Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the Legal Notice as published, posted and filed. Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. The Public Hearing was closed at 5:04 p.m. 1 1 153 NOVEMBER 05, 2014 5:04 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, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Allan Stauber; Jeff Breed and Ben Stuart from Gutchess Lumber; News Reporters: Tyrone Heppard from the Cortland Standard, and Sharon Stevans from Channel 2 Access TV. Supervisor Tupper called the meeting to order. Supervisor Tupper briefly discussed the 2015 Preliminary Budget. He stated that the Preliminary Budget has been reviewed by the Board and they are hoping to shave one to two cents to maintain the $3.05 Town tax rate, which has been the rate for the past 10 years. Supervisor Tupper indicated that about $15,000 to $20,000 had to be cut from the Preliminary Budget in order to keep the tax rate the same. The Board thanked Supervisor Tupper for his work on the budget. Supervisor Tupper thanked the department heads for all of their hard work. He explained that the Town generally underestimates its revenue and overestimates its expenditures which gives the Town a surplus each year. Supervisor Tupper also mentioned that the Town recently received its 0' quarter sales tax check. The Town underestimated its sales tax by over $300,000 this year. Councilman Rocco stated that it was phenomenal that the Town could come out with a budget where there was no tax increase in view of the fact that that Town lost some of its sales tax money due to the County's telecommunication system. Supervisor Tupper explained that next year's sales tax should be up as well because Senator Seward helped the County receive $445 million in additional funding for the telecommunications project. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of October 1, 2014 as written. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of October 15, 2014 as written. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file the Cortlandville Zoning Board of Appeals Minutes of August 26, 2014. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file the Cortlandville Planning Board Minutes of August 26, 2014. All voting aye, the motion was carried. RESOLUTION # 216 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER 41228 Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #1228 submitted by Highway Sup't. Bush to be paid to Crossroads Highway Supply for the purchase of twenty-two (22) 3/4"x6"x48" Carbide Plow Blades, for the total cost of $6,600.00. NOVEMBER 05, 2014 TOWN BOARD MEETING PAGE 2 ($41 Councilman Leach questioned whether the purchase of carbide plow blades was done annually, and if so suggested that the purchase be included on the Highway Department's blanket purchase order list for the year. Highway Sup't. Bush explained that the purchase was done annually and that Crossroads Highway Supply was already listed on the blanket purchase order list, however he wanted the Board aware of the purchase. RESOLUTION # 217 AUTHORIZE PAYMENT OF VOUCHERS — NOVEMBER Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB Voucher #991-1062 General Fund A $12 7,607.02 General Fund B $ 30,418.47 Highway Fund DA $ 0.00 Highway Fund DB $149,686.16 Funds CD I, CD3, CD4 Voucher #26-34 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 56,079.72 Business Devl CD4 $ 0.00 Fund HC, SS, SW Voucher #432-461 NYS Rt 13 Sewer Rehab HC $754,517.70 Sewer SS $ 2,321.70 Water SW $ 5,272.57 Funds SF, TA, TE Voucher #33-34 C'Ville Fire District SF $ 0.00 Trust & Agency TA $ 35,064.93 Expendable Trust TE $ 0.00 Supervisor Tupper mentioned that he had no requests for privilege of the floor. Councilman Testa mentioned that there has been a lot of discussion regarding the manure pit to be located off of Route 90 and Foster Road in the Town of Homer. He questioned whether Supervisor Tupper had an opportunity to speak with Walt Kalena from Clough Harbour & Associates. He noted that he spoke with Senator Seward's office regarding the matter. Supervisor Tupper stated that he has received several phone calls from residents questioning if the Town has an ordinance in place to protect residents from something similar occurring. Agriculture is exempt from most of the Town's planning and zoning rules and regulations. Supervisor Tupper received a phone call from Planning Board Member Nick Renzi indicating that the Town Planning Board is concerned about the issue. He spoke with Walt Kalena from Clough Harbour & Associates, and the Town may be receiving a $25,000 grant for agricultural review. Supervisor Tupper stated that the Town could have Mr. Kalena look into what the Town can do to regulate manure pits. Councilman Testa questioned whether the Town could adopt a moratorium on manure pits. Attorney Folmer mentioned that in New York State there is a "Right to Farm Law". The question is whether or not that has fully exempted the field with the regulation of the manure pits. He stated that a discussion is going on as to whether or not a moratorium is appropriate, or if a moratorium could be done. He stated that there is a distinction between the Right to Farm Law and the fracking decision that was made that said localities have the right to regulate. Regarding fracking, the state preempted the operation of the mining industry, but it didn't preempt the zoning, which is how Dryden was able to do what it did. The Right to Farm Law seems to have preempted everything. Attorney Folmer stated that the topic is on the Town Planning Board's agenda. He also mentioned that he would be doing some research on the matter between now and the next Planning Board meeting. Councilman Rocco also provided him with some information to review. 1 1 1 1 S5- NOVEMBER 05, 2014 TOWN BOARD MEETING PAGE 3 Councilman Rocco apprised the Board that he was contacted by resident of the Town of Homer who would be affected by the manure pit and was asked for his help. He stated that the NYS Department of Agriculture has "been working very hard over the past ten years trying to separate the farmer's business from the town board's ability to make any changes to whatever agriculture wishes to do." The impacts that a manure pit could have on the quality of drinking water may be one way that a town board could take action. He discussed how residents would be impacted by the manure pit and odors, and discussed the spreading of manure. Councilman Leach stated that farmers are under a great deal of pressure from the EPA and certain requirements including the amount of manure that can be spread per acre. Protection of the watershed is also a concern. He suggested that farmers in general are probably trying to comply with the EPA requirements. Councilman Testa questioned what Supervisor Tupper discussed with Mr. Kalena from CHA. Supervisor Tupper explained that Mr. Kalena would research the matter and see if he could find anything in the laws, however Mr. Kalena was not positive that anything could be done. For the Board's information, Councilman Rocco mentioned that in 1999 North Carolina banned manure pits. The farming industry brought the matter back before the courts in 2007 and it was rejected once again. He stated that North Carolina was the only state he found that has brought the issue to the courts. Councilman Proud stated that the EPA has been leaning on agriculture. Their focus has been on water quality in the Chesapeake Bay area. The Department of Agriculture is involved as well as the EPA. Manure handling has been a big issue and there are fairly tight regulations. He mentioned that the operation proposed in Homer has been in the plans for several years, and also stated that there is a legitimate concern by the surrounding property owners. Councilman Proud stated that the Town of Cortlandville is in a good position because the Town applied for an agricultural grant and should be notified soon if it received a grant. The Town would hopefully be in the position to develop an agricultural plan for the Town, which would put the Town ahead of other municipalities. The monthly reports of the Code Enforcement Officer, Town Clerk, Supervisor, and Water & Sewer Dept. for the month of October 2014 were on the table for review and are filed in the Town Clerk's Office. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Fire District's Independent Auditor's Report for the year ending December 31, 2013. All voting aye, the motion was carried. Councilman made a motion, seconded by Councilman, to receive and file correspondence from Time Warner Cable, dated November 5, 2014, regarding programming services, as well as the new service rates effective September 2014. All voting aye, the motion was carried. Town Clerk Snyder briefly discussed the sale of conservation licenses and pointed out that her monthly report from September to October decreased from $33,000 to $3,000. She explained that sales decreased since October 1st was the deadline to apply for Doe Management Permits (DMPs). The second round of First Come First Serve DMPs opened Saturday, November Is'. While her office was not open for business that day, she mentioned that the State experienced problems with the program, which have since been resolved. Town Clerk Snyder congratulated the hunters for their patience this season with the State's new software program. Attorney Folmer reported: Zone Change Request — Gutchess Lumber Co., Inc.: Attorney Folmer suggested the Board schedule a public hearing regarding the Zone Change request submitted by Gutchess Lumber on November 19, 2014 at 5:30 p.m. Gutchess Lumber would make a power point presentation, and James Trasher from Clough Harbour & Associates would be in attendance to answer questions with regard to the SEQRA review. A question and answer period would take place after the power point presentation. 15,6 NOVEMBER 05, 2014 TOWN BOARD MEETING PAGE 4 RESOLUTION # 218 SCHEDULE PUBLIC HEARING FOR NOVEMBER 19, 2014 REGARDING THE ADOPTION OF A LOCAL LAW TO AMEND THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for November 19, 2014 at 5:30 p.m. at the Raymond G. Thorpe Municipal Building, regarding the adoption of a Local Law for the year 2014 to amend the Zoning Law and Map of the Town of Cortlandville, submitted by Gutchess Lumber Co., Inc., to rezone twelve (12) properties located in the vicinity of Gutchess Lumber's existing operations to I-2 (General Industrial), including the following tax map numbers: 95.11-03-18.000 95.12-01-12.000 95.12-01-13.000 95.12-01-18.000 95.12-01-19.000 95.15-01-12.000 95.15-01-13.000 95.15-01-14.110 Abandon Portion of Bennie Road: 95.15-01-14.120 95.15-01-14.200 95.16-01-05.000 95.16-01-07.000 Attorney Folmer apprised the Board that when the State relocated Bennie Road, a portion of the road became non -usable and should be abandoned and transferred to the property owners on each side of the road. In order to accomplish the abandonment of the road, the Board must sign a Certificate of Abandonment after the Town receives the consent of the County Highway Sup't., pursuant to the provisions of the highway law. Attorney Folmer requested authorization for the Board to execute the Certificate of Abandonment and the Deed to the adjoining landowners, contingent upon the receipt of the consent of the County Highway Sup't. Councilman Rocco questioned if the abandoned road would remain as is or if the blacktop would be removed. He also questioned whether the adjoining property owners were interested in the abandoned road. Attorney Folmer stated that the road would remain, but would become the property of the adjoining property owners who had been asking the Town to abandon the road for the past few years. Councilman Proud questioned whether the turnaround that the Town would need for snow plows was negotiated. Attorney Folmer explained that it was. Once the Town has accomplished the abandonment, the turnaround would be granted back to the Town. RESOLUTION # 219 AUTHORIZE THE TOWN BOARD TO EXECUTE THE CERTIFICATE OF ABANDONMENT AND DEED FOR THE ABANDONMENT OF A PORTION OF BENNIE ROAD Motion by Councilman Testa Seconded by Councilman Proud VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board is hereby authorized and directed to execute the Certificate of Abandonment and Deed to the adjoining property owners for the abandonment of a portion of Bennie Road upon receipt of the consent of the County Highway Superintendent. RESOLUTION # 220 AUTHORIZE SUPERVISOR TO SIGN THE OWNER - OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND TOM A. WOOD FOR THE TOWN'S 2011 COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM Motion by Councilman Rocco Seconded by Councilman Leach VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED 1 1 rs9 NOVEMBER 05, 2014 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner - Occupied Loan Agreement between the Town of Cortlandville and Tom A. Wood, 3260 Route 11, McGraw, New York, for a 100% deferred loan for the 2011 Community Development Block Grant Housing Rehabilitation Program in the amount of $3,583.09. RESOLUTION # 221 AUTHORIZE APPROVAL REQUEST OF RAYMOND & JANET DOTY FOR THE 2013 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING REHABILITATION PROGRAM Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of Raymond & Janet Doty for property located at 2283 Blodgett Mills Road in the Town of Cortlandville, for a 100% deferred loan for the 2013 Community Development Block Grant Town -Wide Housing Rehabilitation Program, and it is further RESOLVED, the work to be completed would include exterior carpentry, flooring, windows & doors, electric, masonry, painting, siding, roofing, plumbing and other, for a total of $27,360.00. RESOLUTION # 222 AUTHORIZE APPROVAL REQUEST OF DAVID MOONEY FOR THE 2013 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING REHABILITATION PROGRAM Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of David Mooney for property located at 21 Spring Street in the Town of Cortlandville, for a 100% deferred loan for the 2013 Community Development Block Grant Town -Wide Housing Rehabilitation Program, and it is further RESOLVED, the work to be completed would include roofing, electric, plumbing, insulation, windows & doors, and interior carpentry, for a total of $27,725.00. RESOLUTION # 223 AUTHORIZE CHANGE ORDER NO. 1 FROM VACRI CONSTRUCTION CORPORATION FOR THE NYS ROUTE 13 SANITARY TRUNK SEWER REHABILITATION PROJECT Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute Change Order No. 1 from Vacri Construction Corporation to use granite curbing in lieu of precast concrete mountable curbing at no extra cost for the NYS Route 13 Sanitary Trunk Sewer Rehabilitation Project. Supervisor Tupper also noted that the date of the contract with Vacri Construction Corporation changed. 10 NOVEMBER 05, 2014 TOWN BOARD MEETING PAGE 6 RESOLUTION # 224 RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute any and all agreements with the New York State Department of Transportation regarding the State's construction project (PIN 3028.11 - Reconstruction of Route 281 from Luker Road to Fisher Avenue, Cortland, NY). RESOLUTION # 225 RESOLUTION GRANTING THE STATE OF NEW YORK AUTHORITY TO PERFORM THE ADJUSTMENT FOR THE OWNER AND AGREEING TO MAINTAIN FACILITIES ADJUSTED VIA STATE -LET CONTRACT Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED WHEREAS, the New York State Department of Transportation proposes the construction, reconstruction, or improvement of Reconstruction of Route 281- Luker Road to Fisher Avenue in the Town of Cortlandville located in Cortland County, PIN 3028.11, and WHEREAS, the State will include as part of the construction, reconstruction, or improvement of the above mentioned project the relocation and adjustment to sewer mains and appurtenances, pursuant to Section 10, Subdivision 24, of the State Highway Law, as shown on the contract plans relating to the project and meeting the requirements of the owner, and WHEREAS, the service life of the relocated and or replaced utilities has not been extended, and WHEREAS, the State will provide for the reconstruction of the above mentioned work, as shown on the contract plans relating to the above mentioned project. NOW, THEREFORE, BE IT RESOLVED, that the Town of Cortlandville approves of the relocation of and adjustment to their sanitary sewer lines and appurtenances and the above mentioned work performed on the project and shown on the contract plans relating to the project and that the Town of Cortlandville will maintain or cause to be maintained the adjusted facilities performed as above stated and as shown on the contract plans. BE IT FURTHER RESOLVED, that the Town Supervisor has the authority to sign, with the concurrence of the Town Board, any and all documentation that may become necessary as a result of this project as it relates to the Town of Cortlandville, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Cortlandville is hereby directed to transmit five (5) certified copies of the foregoing resolution to the New York State Department of Transportation. r5-q NOVEMBER 05, 2014 TOWN BOARD MEETING PAGE 7 Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from the New York State Department of Environmental Conservation, dated October 20, 2014, regarding the Notice of Complete Application for Suit-Kote Corporation, Alexander Mine in the Town of Cortlandville. All voting aye the motion was carried. Supervisor Tupper noted that in accordance with the Mined Land Reclamation Law, the Town has up to 30 days from October 29, 2014 to review and comment on specific issues relating to the application. Supervisor Tupper also mentioned that the complete application was available in the Town Clerk's office on CD for review. There was discussion regarding the Aquifer Protection Permit application submitted by Used Car King, LLC. Attorney Folmer explained that the Town Planning Board requested to act as Lead Agency. As an involved agency, the Town Board must give their consent. If the Board adopted a resolution giving consent the 30-day waiting period could perhaps be shortened. RESOLUTION # 226 AGREE TO THE TOWN PLANNING BOARD ACTING AS LEAD AGENCY FOR SEQRA PURPOSES REGARDING THE AQUIFER PROTECTION PERMIT APPLICATION OF USED CAR KING, LLC Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby agree to the Town Planning Board acting as Lead Agency for SEQRA purposes regarding the Aquifer Protection Permit Application of Used Car King, LLC for property located at 3870 Route 281, tax map #86.17-01-11.100. Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file the Aquifer Protection Permit application of Used Car King, LLC for property located at 3870 Route 281, tax map #86.17-01-11.100. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the Cortland County Planning Department recommendations, dated October 10, 2014, and Cortland County Planning Board Resolution #14-34, dated October 15, 2014, regarding the Aquifer Protection Permit application of Used Car King, LLC. All voting aye, the motion was carried. There was a brief discussion regarding the Aquifer Protection Permit application of HBDR, LLC. Attorney Folmer explained that this was a similar situation to the application of Used Car King, LLC. The Town Planning Board indicated its willingness to act as Lead Agency for SEQRA purposes. RESOLUTION # 227 AGREE TO THE TOWN PLANNING BOARD ACTING AS LEAD AGENCY FOR SEQRA PURPOSES REGARDING THE AQUIFER PROTECTION PERMIT APPLICATION OF HBDR, LLC Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby agree to the Town Planning Board acting as Lead Agency for SEQRA purposes regarding the Aquifer Protection Permit Application of HBDR, LLC for property located off of Route 11, tax map #87.00-04-10.000. r&a NOVEMBER 05, 2014 TOWN BOARD MEETING PAGE 8 Councilman Leach made a motion, seconded by Councilman Proud, to receive and file the Cortland County Planning Department recommendations, dated October 10, 2014, and Cortland County Planning Board Resolution #14-35, dated October 15, 2014, regarding the Aquifer Protection Permit application of HBDR, LLC. All voting aye, the motion was carried. There was discussion regarding the Zoning Map Amendment submitted by Meira Hertzberg for properties located off of Route 13. Supervisor Tupper explained that the application has been in front of the County Planning Department twice; the second time they could not make a determination in favor or against it and sent it back to the Town. Supervisor Tupper stated that the application should go back to the Town Planning Board for their review. He suggested the Board table action until January 2015. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Daniel Dineen, Director of the Cortland County Planning Department, dated October 16, 2014, regarding the Zoning Map Amendment submitted by Meira Hertzberg for properties located off of Route 13. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Daniel Dineen, Director, of the Cortland County Planning Department, dated October 30, 2014, clarifying the County Planning Board's recent review of the Zoning Map Amendment requested by Meira Hertzberg for properties located off of Route 13. All voting aye, the motion was carried. RESOLUTION # 228 TABLE ACTION REGARDING THE ZONING MAP AMENDMENT SUBMITTED BY MEIRA HERTZBERG FOR PROPERTIES LOCATED OFF OF ROUTE 13 TO JANUARY 21, 2015 Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby table action regarding the Zoning Map Amendment submitted by Meira Hertzberg for properties located off of Route 13, tax map # 105.00-01-43.111 (portion of), 105.00-01-44.000, 105.00-01-48.100 (portion of), and 105.00- 01-48.200, to the Town Board Meeting of January 21, 2015, and it is further RESOLVED, the correspondence from Meira Hertzberg, Esq. dated November 5, 2014 is hereby received and filed. RESOLUTION # 2.29 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH TROY & BANKS CONSULTANTS, LLC TO REVIEW THE TOWN'S TIME WARNER FRANCHISE FEE AGREEMENT Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the agreement with Troy & Banks Consultants, LLC to review the Town of Cortlandville's Time Warner Franchise Fee Agreement. NOVEMBER 05, 2014 TOWN BOARD MEETING PAGE 9 (42r RESOLUTION # 230 AMEND THE 2014 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER FUNDS Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer funds to adjust the accounts of the 2014 Budget for the Town of Cortlandville as follows: 1) SW — WATER FUND: Transfer $4,000.00 FROM TO AMOUNT SW8330.2 SW8310.4 $ 4,000.00 TOTAL: $ 4,000.00 Councilman Leach apprised the Board he received a phone call from a Town resident last week who was concerned with potholes located on the side of Blodgett Mills Road, and the safety of pedestrians on Halloween night. Councilman Leach contacted the County Highway Department who resolved the problem within 24-hours. He commended the County for their swift action. No further comments or discussion were heard. Councilman Proud 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 November 18, 2014. The draft version of this meeting was approved as written at the Town Board meeting of December 3, 2014. 1