September 08, 2014: Regular Meeting

Highway & Part-Town voucher #'s 114-128 for $21,907.25;

          (DA Fund - $4,042.49; DB Fund - $17,864.76)

Water District Capital Project (H8) voucher #2 for $6,549.00;

Joint Youth Fund (J) voucher # 10 for $2,015.70;

Street Lighting Fund (SL) voucher # 17 for $262.75;

Water and Sewer Districts voucher #'s 53-55 for $21,306.40;

(WD2-$19,281.41;WD3-$244.68;WD7-$328.50;WD8-$1,451.81)

RES 145-14 VOTE: 5 ayes, 0 nays. Carried. 

Public to be Heard

Mr. Kinney addressed the Board on behalf of the Weedsport Rural Cemetery.  He thanked the Board for all that the Town has done to assist with the operation of Cemetery and the financial contributions.  The Cemetery is struggling to stay afloat financially as they have been losing money since 2008. Because of this, they have raised their prices, downsized their labor costs, utilized free labor, maintained salaries and held a 50-50 raffle this summer.  The Village has helped them by loaning equipment and helping with a drainage issue. The greatest financial struggle is the repayment of money used from a specific reserve account.  They owe the State over $33,000.  They have reached out to BOCES to assist with developing Section 17 and are considering hiring a grant writer. 

They are interested in having electricity supplied to the Cemetery.  Currently, they do not have electricity which creates a problem if a lawn mower tire needs to be inflated or a power tool needs to be recharged.  The lack of electric prevents them from working in the evening and does not allow any type of repairs to be performed at the Cemetery. 

Mr. Kinney also expressed his concerns about reports of criminal activity in the Cemetery.  Electricity would allow for lighting to be installed and hopefully deter criminal activity and vandalism.  Councilor McLoud questioned as to whether a generator would serve the needs of the Cemetery as it would be a lot less expensive.  Because of safety issues, this would not accommodate usage for the lighting, but there is also the potential for solar lighting.  The Town asked the Cemetery Board to look at the pros and cons of utilizing a generator as compared to installing electricity.

The Cemetery Board is requesting that the Town provide $8,100 towards their budget for 2015.  Supervisor Hotaling stated that their request would be looked at during the Town's budget process and that a letter will be forwarded to the Sheriff's Department advising them of the criminal and vandalism concerns.

Mr. Kinney, Ms. Van Gelder and Ms. Rudney left the meeting at 7:38 p.m.

Correspondence

• Time Warner Cable channel information
• Email from marketing representative from Municipal Comp Alliance
• Report from DEC from 2014 Flood Damage Reduction Project
• Time Warner Cable franchise fee information for 2^nd quarter
• Results of survey conducted by Town of Marcellus
• Information from Cayuga County Civil Service and Division of Criminal Justice Services
• Village of Weedsport Minutes for August 13^th and agenda for September 10^th meeting
• 2013 Audit for Weedsport Free Library
• Letter from Senior Class regarding Emergency Responder Night

PB/ZBA/AG ADVISORY COMMITTEE/BRUTUS REC COMMISSION/COMP PLAN COMMITTEE

• PB minutes for July 23rd and Agenda for August 27th

New Business

Sewer District for Weedsport Speedway

The Engineers for the Speedway provided a preliminary proposal for this project at a meeting held on August 21^st.  Copies were forwarded to each Board member.  It was suggested that the Town reach out to the property owners in the vicinity of the project to determine if they would be interested in connecting to the system.  The property owners would be responsible for the costs of connecting to the system.  If there are a large number of owners that would like to connect to the system a larger pump may be needed and this extra expense would be the responsibility of the additional properties.  The Board agreed that letters should be forwarded to the property owners in the vicinity to determine if they would be interested in being provided with sewer. 

Re-appointment of Board of Assessment Review Member

Councilor Miller moved to re-appoint John Yurco to the Board of Assessment Review for another five year term beginning on October 1, 2014.  The motion was seconded by Councilor Chirco.

RES 146-14 VOTE: 5 ayes, 0 nays. Carried. 

Backflow Preventers

A brief discussion was held as to whether backflow preventers are required on commercial properties by the health department.  The Clerk spoke with Mary Jump, Cayuga County Health Department, and these devices are not required, but are recommended for business properties, such as funeral homes, to prevent the backflow of harmful chemicals.  Once the preventers are installed, the Town would be responsible for monitoring them annually and the property owner would be responsible for the costly installation.  No action was taken.

Petition by Elinor and David Fults to establish a Water District

Mr. and Mrs. Fults have submitted a petition and a preliminary drawing requesting water be provided to their home on State Route 34.  They have hired an engineer to assist them with the design of the district.  A discussion was held on the exact location and size of the lines in this area based on information received from the Village and Councilor Flynn's involvement with the water services in the area.  Councilor Flynn will contact Superintendent Saroodis to discuss the confusion on the location of the water lines in this area.

Councilor Miller moved to approve the creation of Water District #10 to provide service to Mr. and Mrs. Fults at 8718 State Route 34 pending the receipt of the required engineering plans and receipt of approval from the Village of Weedsport, second by Councilor McLoud.

RES 147-14 VOTE: 4 ayes, 0 nays, 1 abstain(Chirco). Carried. 

Survey on Broadband

The Cayuga County Legislature is asking the Town to complete a survey on the availability of Broadband in Brutus.  The Board would like this to be accomplished. 

Town of Sennett

The attorney for the Town of Sennett forwarded a request asking that the Town of Brutus waive the 30 day waiting period on SEQR allowing them to act as lead agency for zoning changes in the Town of Sennett. Councilor Flynn moved to authorize the Supervisor to sign the waiver of the 30 day waiting period allowing the Town of Sennett to act as lead agency, second by Councilor McLoud.

RES 148-14 VOTE: 5 ayes, 0 nays. Carried. 

Updating of the Town's Code Book

A quote to update the Town's code to an online version has been provided by General Code.  The cost conversion is $1,495, the annual maintenance cost will be $1,195 and the annual supplement costs will vary from year to year based upon the laws that are passed by the Town.  The cost for the 2014 supplement will be between $2,030 and $2.470.  This service will allow the town laws to be updated at a much quicker rate thereby providing the public with current information.  The contract will allow proposed laws to be viewed but they can also be posted on the Town's website.  Hard copies of the yearly changes can be requested to allow the continuance of updating some of the Town's "hard copy" versions of the code book.  Councilor Miller noted that many towns utilize the online version of their code books including the Village of Weedsport.  Councilor Miller moved to authorize the Supervisor to sign the agreement with General Code to switch to the online version of the ecode and to update the code book with the laws that have been passed in 2014.

RES 149-14 VOTE: 4 ayes, 1 nay(McLoud). Carried. 

Old Business

Local Law #5 - Noise Ordinance

Comments from Cayuga County Planning and the Village of Weedsport were available for the Board's review.  Supervisor Hotaling thanked Councilor Chirco, Councilor McLoud and the committee members for their work on this project.  Councilor Chirco moved to approve Local Law #5 - Noise Ordinance, as written:

Town of Brutus Local Law 2014-5:

A Local Law Establishing the Town of Brutus Noise Abatement Law

Be it enacted by the Town Board of the Town of Brutus, New York as follows:

Section 1.  Title 

          The title of this local law shall be: "A Local Law Establishing the Town of Brutus Noise Abatement Law".

Section 2.  Legislative findings, intent, and purpose 

          It is hereby declared to be the policy of the Town Board to prevent unreasonably loud, disturbing and unnecessary noise and to reduce noise level within the town so as to preserve, protect and promote the public health, safety and welfare and to foster convenience, peace and quiet within the town by the inhabitants and transients thereof. The Town Board finds that every person is entitled to have maintained noise levels which are not detrimental to life, health and the enjoyment of property and that excessive and unnecessary noise within the Town affects and is a menace to public health, safety, welfare and the comfort of the people of the town.

Accordingly, the Town Board hereby finds and determines that it is necessary and desirable to amend the Town Code to:

(a) repeal Town Code Section 118-21 (entitled "Unnecessary Noise") in its entirety; and

(b) enact a new Town Code Section 81 (entitled "Noise Abatement") to further the Town Board's stated policy of preventing and curbing unreasonably loud, disturbing and unnecessary noise, through the following devices: introduction of objective enforcement criteria in the form of maximum permitted sound levels as measured in decibels; addition of definitions to clarify the terms of the law; listing of specific exceptions to the law; inclusion of a variance/permit procedure; and authorization of requests for injunctive relief and/or monetary penalties for violations, as circumstances dictate.

Section 3.  Statutory authority 

          This chapter is enacted under the authority of Subparagraphs (a)(12) and (d)(3) of the Municipal Home Rule Law § 10(1)(iii) and Municipal Home Rule Law § 22.  To the extent that the Town Law of the State of New York does not authorize the Town Board to conduct procedures in the manner set forth within the Town Code Amendment, it is the expressed intent of the Town Board to change and supersede such statutes.  It is the expressed intent of the Town Board to change and supersede Town Law §§ 64(17-a), 264 and 265 to empower the Town to provide its own specific procedures. 

Section 4.  Intent to Amend Existing Town Code 

          This Local Law No. 2014-5 is intended to replace the existing Town of Brutus Town Code provisions relating to unnecessary noise, and any corresponding tables and appendices that accompany that Code.   

Section 5.  Body of Local Law 

The body of Local Law No. 2014-5 in its entirety as noted below.

Section 6.  Severability 

          If any section, clause or provision of this chapter or the application thereof to any persons is adjudged invalid, the adjudication shall not effect other sections, clauses or provisions or the application thereof that can be sustained or given effect without the invalid section, clause or provision or application, and to this end the various sections, clauses or provisions of this chapter are declared to be severable. 

Section 7.  Effective date

          This local law shall take effect immediately upon filing in the office of the New York State Secretary of State.

Exhibit "A"

TOWN OF BRUTUS

LOCAL LAW 2014-5

A Local Law Establishing the Town of Brutus Noise Abatement Law

WHEREAS, pursuant to authority vested in the Town of Brutus ("Town") by the Municipal Home Rule Law of the State of New York, the General Municipal Law of the State of New York and the Town Code of the Town of Brutus, the Town Board may from time to time amend its Town Code as needed to clarify, supplement, reconcile, amend or correct provisions in that Code; and

WHEREAS, in consultation with Special Counsel and a Noise Ordinance Committee composed of elected officials and citizen representatives, the Town Board has considered certain amendments to its Town Code and has selected those amendments to be the subject of a local law for enactment in accordance with its lawful authority; and  

WHEREAS, Pursuant to General Municipal Law Sections 239(l) and (m), the proposed local law has been referred to the Cayuga County Department of Planning and Economic Development for review and comment, which Department has rendered comments that were duly considered and addressed by the Town Board and its professionals; and

WHEREAS, the Town of Brutus Planning Board has reviewed and considered the contents of the proposed local law pursuant to Town Zoning Code Section 125-95(B), and has transmitted its recommendations on the law to the Town Board for the Board's consideration; and

WHEREAS, upon due notice, at a regular meeting of the Town Board held on July 14, 2014, the Town Board conducted a duly noticed public hearing to hear and consider public comments on the proposed local law; and

WHEREAS, the Town Board also addressed the project's environmental impacts pursuant to the State Environmental Quality Review Act ("SEQRA") on August 19, 2014, declaring and identifying the action as an Unlisted Action and declaring a Negative Declaration under SEQRA for the project, stating that no significant environmental impacts were identified for it, which Negative Declaration was approved by an unanimous vote; and

WHEREAS, upon due notice, at a regular meeting of the Town Board for the Town of Brutus held on September 8, 2014 at 7:00 p.m., the Town Board approved the enactment of the proposed local law amending the Town Code by an unanimous vote; and

NOW, THEREFORE, BE IT RESOLVED,

That the Town of Brutus Town Board hereby enacts Local Law 2014-5 to amend the Town Code, the content of which is as follows:

•1.               The foregoing recitals are incorporated herein as if set forth at length.

2.       Town Code Section 118-21 (entitled "Unnecessary Noise") shall be repealed in its entirety.

3.       The purpose of this chapter shall be to protect and promote the health, safety and welfare of the people of the Town of Brutus insofar as they are affected by to further the Town Board's stated policy of preventing and curbing unreasonably loud, disturbing and unnecessary noise, through the following devices: introduction of objective enforcement criteria in the form of maximum permitted sound levels as measured in decibels; addition of definitions to clarify the terms of the law; listing of specific exceptions to the law; inclusion of a variance/permit procedure; and authorization of requests for injunctive relief and/or monetary penalties for violations, as circumstances dictate.

4.       Town Code Section __ (entitled "Noise Abatement") shall be enacted as set forth below:

Section 1. Title.

This chapter shall be known and may be cited as the Town of Brutus Noise Abatement Law.

Section 2. Statement of Policy.

It is hereby declared to be the policy of the Town Board to prevent unreasonably loud, disturbing and unnecessary noise and to reduce noise level within the town so as to preserve, protect and promote the public health, safety and welfare and to foster convenience, peace and quiet within the town by the inhabitants and transients thereof. The Town Board finds that every person is entitled to have maintained noise levels which are not detrimental to life, health and the enjoyment of property and that excessive and unnecessary noise within the Town affects and is a menace to public health, safety, welfare and the comfort of the people of the town.  While problems involving the disturbance of peace and quiet by noise from various activities are best solved by thoughtful discussions and cooperative agreements between affected parties, there will be situations where this is not possible; in such cases, the Town Board has established standards, variance procedures, enforcement procedures and penalties to resolve such problems.

Section 3. Definitions.

For the purposes of this chapter, the terms used herein are defined as follows:

A-WEIGHTED SOUND LEVEL - The sound level, in decibels, reported as measured by a sound level measuring instrument having an A-weighting network which discriminates against the lower frequencies according to a relationship approximating the auditory sensitivity of the human ear. The level so read is designated "dBA."

DECIBEL (dB) - The practical unit of measurement for sound pressure level. The number of "decibels" of a measured sound is equal to twenty (20) times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound [ (20) micropascals]; abbreviated

MULTI-DWELLING-UNIT BUILDING - Any building wherein there are two (2) or more dwelling units.

NOISE - That level of sound which, in each context described, hereunder either:

A. Annoys, disturbs or perturbs a reasonable person of normal auditory sensitivities, or any sound which injures or endangers the comfort, repose, health, hearing, peace or safety of a reasonable person of normal auditory sensitivities; or

B. Is loud, disturbing, unusual, unreasonable and unnecessary, as well as audible outside the structure or the real property boundary from which it originates.

REAL PROPERTY LINE - Either the imaginary line, including its vertical extension, that separates one parcel of real property from another, or the vertical and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit building.

RESIDENTIAL PROPERTY - Any apparatus for human habitation.

SOUND DEVICE OR APPARATUS - Any apparatus or device for the making, reproduction or amplification of the human voice or other sounds.

SOUND LEVEL - The sound pressure level measured in decibels with a sound-level meter set for A-weighting. "Sound level" is expressed in dBA.

SOUND-LEVEL METER - An instrument for the measurement of noise and sound.

UNNECESSARY - That which is not required by the usual circumstances.

Section 4. Maximum permitted noise levels by land use.

A. It shall be unlawful for any person to operate or permit to be operated any noise source in such a manner as to create a sound pressure level in dB which exceeds the limits set forth in Table I when measured at the adjoining property lines or adjoining roadways.

Key:        Residential Land Uses are those contained in the following zones: A-R  Agricultural-Residential, R  Residential, R-2  High         Density Residential, R-F  River Front

               Business Land Uses are those contained in the following zones:  C  Commercial, C-1  Commercial/Light Industrial

               Manufacturing Land Uses are those contained in the following zones: I  Industrial, S-D  Special Development District

B. The restrictions set forth in this chapter shall not apply to alarms.

Section 5. Exceptions.

The following sounds shall not be deemed to be a violation of this chapter:

A. Church bells: sounds created by church bells or chimes.

B. Warning devices: sounds created by any government agency or by the use of public warning devices.

C. Lawn mowers/tools: sounds created by lawn mowers (equipped with mufflers, as applicable), manual and power tools and household appliances, provided that noise from such uses will be reduced to permissible sound limits under this law between the hours of 11:00 p.m. and 7:00 am..

D. Carbide cannons or poppers: sounds created by carbide cannons or poppers used by persons having not less than ten (10) acres in crop cultivation at that same location during the growing season.

E. Public utilities: sounds created by public utilities in carrying out the operation of their franchises.

F. Sporting events: sounds connected with sporting events of any public or private school.  Noise from such events will be reduced to permissible sound limits under this law between the hours of 11:00 p.m. and 7:00 am.

G. Public entertainment: Temporary, non-regular events such as a carnival, fair or parade, only as allowed by permit of the Town Board or any other designated authority of the Town Board.  Noise from such events will be reduced to permissible sound limits under this law between the hours of 11:00 p.m. and 7:00 am. 

H.  Agricultural machines and vehicles (when used in support of agricultural activities).

I.   Snowblowers/snowplows: sounds from equipment or vehicles used to plow or blow snow.

Section 6. Prohibited noises.

A. The following noises shall be prohibited beyond the permissible sound limits under this law:

(1)   Radios, speakers or musical instruments: the operation of any radio, loudspeaker, public address system or the use of any musical instrument in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any dwelling or residence.

(2)   Automobiles and other vehicles: the use of any automobile, motorcycle, all-terrain vehicle, bus, snowmobile or other vehicle so out of repair, so loaded or used in such manner as to create persistent loud revving, racing, grating, grinding, rattling or other noise.

(3)   Exhaust of engines: the discharge into the open air of the exhaust of any stationary, internal combustion engine or motor vehicle engine, except through a muffler or other suppressive device that will effectively prevent loud or explosive noises therefrom.

(4)   Construction work: the erection, including excavation, demolition, alteration or repair, of any building other than between 7:00 a.m. and 7:30 p.m., except in the case of urgent necessity in the interest of public safety as determined by the building inspector or other applicable laws in the Town.

(5)   Loading and unloading vehicles: the creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers (not including loading and unloading of agricultural vehicles in the course of crop management activities).

(6)   Horn or signal: the sounding of any horn or signal device on any vehicle, motorcycle, bus or other device, except as a warning signal pursuant to the provisions of § 375 of the Vehicle and Traffic Law of the State of New York.

(7)   Hawking and peddling: the shouting and crying of peddlers, hawkers and vendors, which disturbs the peace and quiet of the neighborhood.

(8)   Noise in conduct of business: the creation of any unnecessary noise in the operation, conduct and/or maintenance of any business, factory, plant, yard or manufacturing establishment, including excavating, blasting (where permitted), grinding, breaking, crushing or processing of any substance or material.

(9)   Annoying sounds: the creating of any noise which causes public inconvenience, annoyance or alarm or disturbs the public's peace, comfort or tranquility.

B. Sound device prohibitions. It shall be unlawful for any person to use or operate or cause to be used or operated any sound device or apparatus in, on, near or adjacent to any public street, part or place for commercial or business advertising purposes or for any person to operate or drive any automobile, truck or other vehicle for commercial or business advertising by means of any sound device or apparatus. The use of any trade, business or corporate name or business advertising shall be presumptive evidence that such advertising was conducted by that person, business or corporation.

Section 7. Variance/Permit Procedure.

A. Any person seeking a variance pursuant to this Noise Abatement Law shall file an application for a permit with the Town Board. The application shall consist of a letter signed by the applicant and contain a legal form of verification. Such letter shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this Law would constitute an unreasonable hardship on the applicant, on the community or on other persons. In addition, the following information shall be provided:

(1) The plan, specifications and other information pertinent to such sources.

(2) The characteristics of the sound emitted by the source, including but not limited to the sound levels, the presence of impulsive sounds and the hours during which such sound is generated.

(3) The noise abatement and control methods used to restrict the emission of sound.

B. The Town Board, upon receipt of such application and upon payment of any fee which shall be required by Town Board resolution, shall set the matter down for a public hearing to be held within 30 days from the date the application is submitted. The Town Board shall cause publication of such public hearing to be given in the official newspaper of the Town in the same manner as an application to the Zoning Board of Appeals is published. The applicant, in like manner, shall give notice of the application by certified mail to all property owners surrounding the sound source site within a radius of 200 feet from the borders of said site.

C. In determining whether to grant or deny the application for a permit, the Town Board shall balance the hardship to the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on the property affected and any other adverse impacts of granting the special permit.

D. The Town Board shall have the power to impose restrictions, conditions and the recording of covenants upon any sound source site, including time limits on permitted activity, in the event that it shall grant any permit hereunder.

E. The Town Clerk shall notify appropriate Town departments of the granting of variances and restrictions imposed by the Town Board.

Section 8. Penalties for offenses.

Any person who shall violate any of the provisions of this chapter shall be guilty of a violation pursuant to the Penal Law and shall be punishable for a first violation by a fine of not more than two hundred fifty dollars ($250.00) or imprisonment for not more than fifteen (15) days, or both.  Each repeat offense (by the same person or on the same property) shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or imprisonment of not more than thirty (30) days, or both. The continuation of an offense for each day (24 hours) shall be deemed a distinct and separate offense.

In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.  

Section 9. Enforcement.

This chapter shall be enforced during regular business hours by the Code Enforcement Officer and such other persons as are duly appointed and authorized by the Town Board as Noise Monitors.  Enforcement of maximum permitted noise levels in Section 4 shall be accomplished using a properly calibrated sound level meter conforming to ANSI (American National Standards Institute) Type II Standards.  Any complaint lodged under this law shall be duly investigated by the Town, and if the Town finds sufficient cause, the alleged violator shall pay for noise measurement to verify compliance with this law and the effectiveness of any mitigating methods.  

The motion was seconded by Councilor McLoud.  Supervisor Hotaling asked for a roll call vote:

VOTE:          Councilor Stephen McLoud                                         Aye      

                    Deputy Supervisor/Councilor Thomas Flynn                 Aye

                    Councilor David Miller                                                Aye

                    Councilor Amy Chirco                                                Aye

                    Supervisor James Hotaling                                        Aye

RES 150-14 VOTE: 5 ayes, 0 nays. Carried.

Water District #8

Engineer Piascik submitted a surplus materials list to Rural Development Engineer Helgren and it has been approved.  Councilor Flynn moved to authorize the preparation and soliciting of bids for the surplus materials approved by Rural Development, second by Councilor Miller.

RES 151-14 VOTE: 5 ayes, 0 nays. Carried.

Notification has been received from Rural Development that a resolution is needed to move the liquidated damages amount from the contract amount to the contingency line on the Form E.  Councilor Chirco moved to authorize the movement of $500 of liquidated damages from the contract amount line to the contingency line on Form E, second by Councilor Miller.

RES 152-14 VOTE: 5 ayes, 0 nays. Carried.

Water District #3

A great deal of water was lost at the master meter for this district in August due to a gasket coming loose.  The Water Operator advised Supervisor Hotaling that the leak was caused by a problem that occurred at the Water District #2's pump house.  The pump house problem created a pressure problem that affected the line that feeds this system.  Due to the amount of pressure, the Water Operator opined, that the gasket came loose thereby causing the leak.  After a brief discussion, the Board agreed that because the leak was due to a problem with the Water District #2 system the cost of the water loss should be paid from that account.  It should be noted that the Cayuga County Water and Sewer Authority charged a reduced rate for the water attributed to the loss.   

Water District #9

Engineer Piascik will work with a surveyor to map out the easements that will be required for this district.  He will also work with the Cayuga County Health Department, DEC, Army Corp and County Highway on the permitting process and/or any issues.  He anticipates having the bid package ready by November 1^st.  Construction will begin in the Spring of 2015.

Councilor Chirco moved to authorize Supervisor Hotaling to sign any and all documents necessary to secure the funding for Water District #9 with Rural Development.  The motion was seconded by Councilor Flynn.

RES 153-14 VOTE: 5 ayes, 0 nays. Carried.

ShadyBrook MHP Roads

Engineer Piascik has submitted an amended preliminary design plan for Stonehedge Road in this park.  An email has been forwarded to Cayuga County Soil and Water ("Soil and Water") requesting that a survey be prepared to the property line.  A summary of meeting held with the property owner was provided to the Board for their review.  Supervisor Hotaling has suggested that Soil and Water perform the work via an Intermunicipal Agreement and the property owners could use the same contractor with a separate agreement. 

The funding for this road project is available in the road work line item of this year's budget. Superintendent Cunningham has come in under budget for the road work he had planned this year due to the saving obtained by using the grindings from the State's Route 31 project. Of the $105,000 budgeted for road work in 2014, approximately $75,000 to $80,000 will be spent thereby leaving a $25,000 to $30,000 balance.  It is anticipated that $15,000 will be needed for this project and the remainder of the balance will be rolled over to fund balance for the 2015 Budget.   

Kreplin Water Issue

A summary of the meeting held with Mr. and Mrs. Kreplin was provided to the Board for their review.  Rural Development has been contacted to determine whether a connection can be established to this property and Mr. Brown's property due to extenuating circumstances and to utilize the remaining grant money available in Water District #8. 

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Mr. LaForce, Mr. Piascik, Ms. Kelley and Mr. Cunningham exited the meeting at 8:30 p.m.

The Board exited Executive Session at 8:50 p.m. without any decisions being made. 

There was no other business to come before the Board and Councilor Chirco moved to adjourn the meeting at 9:10 p.m., seconded by Councilor McLoud.  

Respectfully submitted,

Mary Kae Brentlinger

Town Clerk