March 9, 2009
Town of Brutus
Town Board Meeting
The Town Board of the Town of Brutus held their regular monthly meeting on March 9, 2009 in the Town Municipal Building, 9021 N. Seneca Street, Weedsport, NY 13166.
Present were: Supervisor James Hotaling, Deputy Supervisor/Councilman Thomas Flynn, Councilmen Robert Ward, Jeffery Hinman and David Miller. Also present were: Gerald Cunningham, Highway Superintendent; Pamela Kelley, Bookkeeper, Justice Robert Hook, Justice Andrew Maltese and Rick LaForce. Tom Piascik arrived at 8:09 p.m.
The Supervisor called the meeting to order at 7:28 p.m. and called for the Pledge of Allegiance.
Approval of Minutes
Councilman Flynn moved to accept the minutes of the February 9, 2009 meeting, second by Councilman Miller.
RES 32-09 VOTE: 5 ayes, 0 nays. Carried.
The next meeting is scheduled for April 13, 2009 at 7:30 p.m.
Executive Session
Councilman Hinman moved to enter Executive Session at 7:30 p.m. to discuss specific personnel issues, Councilman Miller seconded the motion.
RES 33-09 VOTE: 5 ayes, 0 nays. Carried.
Councilman Hinman moved to exit Executive Session at 8:08 p.m., seconded by Councilman Flynn.
RES 34-09 VOTE: 5 ayes, 0 nays. Carried.
No decisions were made during Executive Session.
Employee Issues
Councilman Miller moved to instruct the Clerk and Supervisor to contact Civil Service regarding the procedure for documenting an employee's failure to adhere to expected work standards and perform in a manner deemed to be consistent with the professional standards of the position and further to transmit to the employee in question a letter advising that employee of the work related issues identified. Second by Councilman Flynn.
RES 35-09 VOTE: 5 ayes, 0 nays. Carried.
Supervisor Hotaling moved to direct the hiring of a temporary part-time person to assist the Court, with its current back log only, at a rate of between $10-12 per hours. The Clerk shall contact the current Joint Planning Board Clerk to determine if she is interested in the position and if she is not, then the person who generally substitutes for the Court Clerk shall be contacted to determine if she is interested in the position. The person hired for this position shall report directly to the Town Justices. Councilman Hinman seconded the motion.
RES 36-09 VOTE: 5 ayes, 0 nays. Carried.
Supervisor's Report
Councilman Flynn moved to accept the January report of the Supervisor, second by Councilman Miller.
RES 37-09 VOTE: 5 ayes, 0 nays. Carried.
Town Clerk, Water Operator & Code Enforcement
The Clerk, Water Operator and Code Enforcement Office submitted their February reports for Board review.
Highway Superintendent's Report
Superintendent Cunningham submitted and briefly reviewed his February 2009 report with the Board.
- We worked with Cranebrook Tree Service one day to remove trees on Pump and Shepherd Roads.
- One day was spent at OSHA training in Sennett.
- The 2004 Ford was warranted on the turbocharger that went bad.
- We ran the electric for the handicap accessible door openers at the office.
- There were many electronic items picked up on Clements and Hall Roads.
- The intersection of Pump and Brutus Roads were cleared of trees and brush for better sight distances.
He also addressed the following issues:
•· The mower attachment motor on the excavator broke about three weeks ago and they are working with Vantage Equipment on the warranty/repair issues.
•· He will contact Jim Sullivan directly about dealing with the pavers at Aqueduct Park and intends to utilize inmate labor for the project.
Bookkeeper
In the General fund there is a shortage of $2.00 in the Municipal Association Dues account. The budget officer budgeted the amount based on an email they sent regarding this year's bill. However, when the bill arrived it was actually $2 more. I would like to take the $2 from the Unallocated Insurance account which is as close to a direct line item transfer as we can do.
The budget amendment entry required to fix this shortage is:
DR A1910.400 Unallocated Insurance $2.00
CR A1920.400 Municipal Assoc Dues $2.00
Councilman Hinman moved to approve the requested transfer, second by Councilman Flynn.
RES 38-09 VOTE: 5 ayes, 0 nays. Carried.
Pay Abstract #3
Abstract #3 was ordered paid after a motion by Councilman Hinman, second by Councilman Flynn, as follows:
General Fund voucher #'s 42-72 for $40,964.15;
Part Town voucher #'s 15 - 20 for $742.84;
Highway Townwide voucher #'s 19 - 33 for $7,238.60;
Highway Part-Town voucher # 2 for $83.04;
Capital Project (H7) voucher #'s 1 - 3 for $13,153.56
Street Lighting District (SL) voucher #'s 4 - 5 for $300.95;
Water District #2 (SW2) voucher #'s 7 - 9 for $41,486.61;
Water District #3 (SW3) voucher # 4 for $415.23.
RES 39-09 VOTE: 5 ayes, 0 nays. Carried.
CORRESPONDENCE
•· Waste Stream Environmental Annual Report for 2008.
•· Time Warner Cable advising of potential changes to customers and copy of letter customers will be receiving.
•· Request for Proposals from Empire State Development for Restore New York project. Mr. Sullivan forwarded a link with the materials and a copy is attached to this RFP.
•· Notice of Tentative Special Franchise Full Value from NYS Office of Real Property Services (ORPS).
•· Letter from Secretary of State Cortes-Vazuez reminding Town Officials that they are a vital resource.
•· Notification that the Annual Performance Report of NYS's Industrial Development Agencies for the fiscal year ending 2007. A web link is provided.
•· Steven Remp dropped off his Resume for the position of Dog Control Officer.
•· Minutes from Brutus Recreation Commission meeting of October 23, 2008.
•· Notice of Cancellation of Bond for DIRT Motorsports from The Hartford effective 7/15/09.
•· Registration form for Farms, Food & Energy for March 25th. Please note the picture on the form - Don Bowden's farm.
•· Time Warner supporting documentation for payment of franchise fees. Check has been received.
•· Minutes from the Village's February 11th meeting.
•· January 2009 incident report from Weedsport Volunteer Fire Department.
•· Notification from US Census that we our participation in the LUCA program has ended.
•· Email notification that the Property Tax Monitor is available on line.
•· NYS ORPS letter advising that Assessor Kelley has an Interim Certificate effective until December 31, 2009.
•· Notification from Census 2010 of dates that intend to use our office for training purposes.
•· NYS ORPS notification of Residential Assessment Ratio that will be used for 2009 State Equalization rate for the Town.
•· Public Service Commission notifications of filings available.
•· Time Warner Cable Legal Notice advising that legal agreement with a specific station is about to expire.
•· Land Use in New York conference will be held on May 14 an 15 in White Plains by Law Seminars International.
Joint Planning Board
•· JPB Minutes from February 25, 2009 meeting
•· JPB Agenda for February 25, 2009 meeting
•· 2009 JPB Member Roster
Zoning Board of Appeals
•· ZBA Agenda for March 2, 2009 meeting
•· ZBA Minutes from March 2, 2009 meeting
NEW BUSINESS
Historian's Report
The Board received and reviewed the 2008 report from Town Historian Baker.
Eagle Scout
The Board members signed a congratulatory letter to Justin Spencer on obtaining the award of Eagle Scout.
Agreement for Expenditure of Highway Money
The Superintendent, Supervisor and all Board members signed the Agreement for 2009.
Fair Housing Month
Councilman Miller moved to proclaim April 2009 as Fair Housing Month in the Town of Brutus, second by Councilman Flynn. The clerk was directed to place the appropriate advertisements in the local paper.
RES 40-09 VOTE: 5 ayes, 0 nays. Carried
Zoning Board of Appeals
Councilman Hinman moved to appoint Tony Amodei as the Chairperson of the Zoning Board of Appeals, second by Councilman Miller.
RES 41-09 VOTE: 5 ayes, 0 nays. Carried
Old Business
* See Correction to minutes to include discussion on Local Law #2 of 2009 in April 13, 2009 minutes.
Employee Handbook
There is conflicting information in the handbook with regards to the payment of vacation time after an employee resigns or is terminated. The Board members will review the policies and discuss this topic at next month's meeting.
2010 Census
The Board is not interested in establishing Complete Count Committees.
Marshall Water and Sewer District
We have received an opinion letter from SHPO advising that this project will not have an impact upon cultural resources. The Clerk shall send a letter to the Marshalls and advise that design plans and health department submissions are still needed.
Pump House Issue
The Town has received a letter from O'Brien and Gere with their suggestions on how to resolve this issue. The Clerk will draft a letter for the Supervisor's review advising that their suggestion is unacceptable. Attorney Yates has left messages for Mr. Whedon but the calls have not been returned. Supervisor Hotaling will contact Attorney Yates about the next step in this matter.
Building, Subdivision and ZBA fee comparisons
Code Enforcement Officer Ganey has provided a comparison chart for ZBA, JPB and Building Permit Fees and the Clerk provided information as to when the current fees were established. The Board will review the materials and discuss this topic at the next meeting.
Attorney usage for Joint Planning Board
Supervisor Hotaling and Councilman Miller spoke with Andrew Leja, Esq. and Attorney Yates about this matter. The Clerk was asked to contact Mr. Leja and ask for a proposal letter for his services.
Smith Barn Demolition
Supervisor Hotaling will report back to the Board on this issue at the May meeting.
Easter Egg Hunt
Will be held on April 4th at Aqueduct Park from 2-4 p.m.
Hidden Greens
Engineer Piascik visited this project and noted that the grading modifications have not been completed and the fire hydrants have not been removed as requested last year. He will prepare a follow up letter to Mr. Donnelly.
Village Heights
Engineer Piascik visited this project and noted that they was mud on Hamilton Road. The water main project is supposed to begin in two weeks. He will continue to monitor their progress.
Hamilton/Ball Road Water Project
Engineer Piascik provided two alternate proposals for this project and the preliminary figures for each. If Bentley School House Road is included a pumping station will be necessary. The Clerk was asked to contact Robert Yeomans and ask him to meet with the Supervisor and Engineer to discuss the project. A letter will be forwarded to the residents with a condensed version of the engineering information and asking them to contact the office if they would like to schedule a meeting for further discussion of the project.
Fire Hydrant on Pump Road
Superintendent Cunningham will check as to whether this fire hydrant has been repaired. He was also asked to check the one on Towpath Road to determine if it is operational. The Clerk will contact CCSWA if these hydrants are found to not be working.
Cayuga/Seneca Indian Land Trust
Councilman Ward recently attended a public hearing on this topic and a copy of the information was provided to all the Board members.
MISCELLANEOUS
•· Cuddy and Ward will be in next week to begin audit process.
•· Finger Lakes Institute email with web page information for March 2009
•· Hiscock & Barclay notification of new partners.
•· 6th Annual Canalway Trail Celebration - June 6, 2009.
•· Quarterly Newsletter from HUNT Engineers, Architects & Land Surveyors - Brittan Springs has joined their architecture department.
•· Information that Councilman Ward obtained at public hearing on the Cayuga Land Trust matter.
•· Training Notice for Panel on Wastewater for Local Officials and Representatives.
There was no other business to come before the Board and Councilman Hinman moved to adjourn the meeting at 9:08 p.m., seconded by Councilman Flynn.
RES 42-09 VOTE: 5 ayes, 0 nays. Carried.
Respectfully submitted,
Mary Kae Brentlinger
Town Clerk
