April 13, 2009
Town of Brutus
Town Board Meeting
The Town Board of the Town of Brutus held their regular monthly meeting on April 13, 2009 in the Town Municipal Building, 9021 N. Seneca Street, Weedsport, NY 13166.
Present were: Deputy Supervisor/Councilman Thomas Flynn, Councilmen Robert Ward, Jeffery Hinman and David Miller. Also present were: Gerald Cunningham, Highway Superintendent; Pamela Kelley, Bookkeeper; Derek Ostrowski; Kathleen Barran; Joe Marshall; Jill Connor; Joe Barwinczok; Chester Dziergas; Jim Sullivan and Amy Chirco. Ann Petrus arrived at 7:32 p.m. Rick LaForce and Tom Piascik, Town Engineer both arrived at 7:37 p.m.
The Supervisor called the meeting to order at 7:29 p.m. and called for the Pledge of Allegiance.
Approval of Minutes
The Clerk noted that she failed to include an issue discussed by the Board in minutes from last month regarding proposed Local Law #2 of 2009. Councilman Miller moved to accept the minutes of the March 9, 2009 meeting with the following correction/inclusion under Old Business:
Proposed Local Law 2 of 2009
A revised draft of the amendment of Local Law #1 of 2002 was reviewed by the Board. A copy has also been provided to the Village. Councilman Miller moved to direct the Clerk to schedule the public hearing for the May meeting, second by Councilman Ward.
RES 41A-09 VOTE: 5 ayes, 0 nays. Carried.
The motion to approve the minutes with the above correction was seconded by Councilman Hinman
RES 43-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
The next meeting is scheduled for May 11, 2009 at 7:30 p.m.
Guests
Proposed Local Law #3 of 2009
Joint Planning Board ("JPB") Chairperson, Amy Chirco, addressed the Board with the background on the drafting of their proposed law for regulating Outdoor Furnaces. The JPB decided to wait until the newest members were appointed until finalizing this proposal. They have also reviewed the draft currently being analyzed by State Legislature and attached a copy for the Town's reference. This proposal is not as stringent as the State's proposal. The following comments and questions were discussed:
Councilman Hinman asked how the specifications were determined and about the usage of the term "permanent" when referring to the stack/chimney. He also asked whether any furnaces would meet the standards requested by the proposal.
JPB member, Jim Sullivan, discussed that Boards' review of the state's proposed legislation as well as other townships and federal regulations. The standards requested in this proposal are similar to those used by Lysander. He is also concerned about the Town's ability to police or regulate these types of furnaces. Mr. Sullivan noted that the cost of a cord of wood may not make outdoor furnaces as economical as other sources of heating. The JPB has obtained a great deal of material while researching this proposal which is available for inspection. Furthermore, most regulatory agencies place limits on the months that outdoor furnaces can be used.
Acting Supervisor Flynn asked several questions regarding wood burning furnaces in basements and their usage year round. He is concerned about people who use their outdoor furnace to heat their pools or hot water. Acting Supervisor Flynn also questioned the need for a minimum lot size requirement of 4 acres and whether an 18" stack would be tall enough to allow it to be over an adjoining property structure. * See Correction to minutes to change 18" to 18' in May 11, 2009 minutes
JPB Member, Derek Ostrowski, noted that the size of outside furnaces need to be monitored because it is more likely that trash can be burned in a larger unit. Also, in requiring stacks to be over 35' "flash overs" can occur which would compromise safety.
Ms. Chirco also presented the Board with a picture of an outdoor furnace on Trombley Road that was releasing a great deal of smoke. She also addressed the issue of year round usage and suggested that most people would have an alternate source of energy available for heating their water and pools. The purpose of this proposal is not to make outdoor furnaces unobtainable; however, this type of heating is really not a good example of renewable energy either.
JPB Member, Chester Dziergas, noted that he recently visited a home in Oaks Corners and the outdoor furnace was 20' from the house with a short stack and the smoke was blowing across the yard.
Town Clerk, Mary Kae Brentlinger, noted that she does not have any trouble with smoke from her neighbor's wood furnace. She can however smell the wood burning when the furnace is in use, but her family does not find it to be any type of nuisance.
Councilman Miller noted that he was recently in the Montezuma area and noted an outdoor furnace that was pouring smoke across the road. He also questioned whether this proposal should be written as a zoning or nuisance law. If the law was written as a nuisance law it would eliminate the appeal process through the ZBA. The Clerk will forward the proposal to the Town Attorney for his review and comments on this issue.
Councilman Miller will draft the outdoor furnace proposal into a local law format as well as drafting a new six-month moratorium for these furnaces for review at next month's meeting.
Supervisor's Report
Councilman Hinman moved to accept the February report of the Supervisor, second by Councilman Ward.
RES 44-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Town Clerk, Water Operator & Code Enforcement
The Clerk, Water Operator and Code Enforcement Office submitted their March reports for Board review.
Highway Superintendent's Report
Superintendent Cunningham submitted and briefly reviewed his March 2009 report with the Board.
- We cleaned up brush, fencing and ditches on Brutus and Pump Roads.
- Everyone had more OSHA training at Sennett.
- The road sign inventory was reviewed and revised.
- Prepared Lippoldt brush site for tub grinder in April
He also addressed the following issues:
•· They are still working with Vantage Equipment on the repair issues for the Excavator.
•· The Town and Village have filed a joint mining application for property on Hoyt Road. Cayuga County Soil and Water are also working with them to file the permit. The charge will be $2 per cubic yard for any gravel removed. The material will be used for road widening. The material they obtain will not need to be screened.
Bookkeeper
We need a budget amendment to take monies from fund balance in order to cover the part-time temporary Justice Clerk we have hired to assist the Justices with old tickets.
The entry to adjust the budget is:
DR A599 Unreserved Fund Balance $2,000.00
CR A1110.100 Justice - Personal Services $2,000.00
We need a budget amendment to cover the Easter egg hunt we did for local residents on April 5, 2009. There is money available in the Community Development Planning & Management which I would like to move to Celebrations - Contractual to cover these expenses.
The entry to adjust the budget is:
DR B8684.400 Comm. Dev. Plan & Mgmt -Contractual $250.00
CR B7550.400 Celebrations - Contractual $250.00
It is time for the yearly loan payment on 2 loans for Eastern Brutus Water District #2. We have a debt reduction reserve in that fund which is to be used only for debt reduction and has to be spread out over 7 years. This will be the 3rd year. It is a specific reserve for one purpose only so I need a resolution to appropriate the reserve monies for use in partial payment of the yearly loan payment.
The entry is as follows:
DR SW2-511 Appropriated Reserves $5,000.00
CR SW2-9710.600R Bond Principal $5,000.00
RES 45-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried
Pay Abstract #4
Abstract #4 was ordered paid after a motion by Councilman Miller, second by Councilman Hinman, as follows:
General Fund voucher #'s 73-103 for $37,458.24;
Part Town voucher #'s 21 - 31 for $1,737.53;
Highway Townwide voucher #'s 34 - 44 for $5,144.39;
Highway Part-Town voucher #'s 3 - 5 for $1,354.36;
Capital Project (H7) voucher # 4 for $750.00;
Street Lighting District (SL) voucher #'s 6 - 7 for $277.16;
Water District #2 (SW2) voucher #'s 10 - 11 for $7,112.63;
Water District #4 (SW4) voucher # 3 for $20.00.
RES 46-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried
CORRESPONDENCE
•· Agricultural Data Statement from Russell Nans
•· Thank you from Old Brutus Historical Society for our annual contribution
•· Draft of minutes from Village meeting of March 11, 2009
•· Weedsport Fire Department report for January and February
•· Village of Weedsport proposed Local Law 3 of 2009 - Moratorium on Outdoor Furnaces.
•· Information on seminar for Construction Contracting May 12, 2009
•· Official notification from NYS DEC deleting Cole-Zaiser site from Stickle Road from NYS Registry (Devaney property)
•· Laberge Group offering to consult re Stimulus Grant and Funding
•· Notification that the webcast of the Statewide Wireless Network Advisory Council Meeting of March 26th can be viewed on their web page until April 26th.
•· NYS and Local Retirement System is offering seminars for Chief Fiscal officers re new and upcoming changes.
•· Email from Jack Deery re rained out races
•· Community Information Meeting on Cayuga Land into Trust Application - Draft Environmental Impact Statement - April 16th - CANCELLED
•· New Interest rates from Rural Development for April - June 2009. The rates are less than those quoted at our last meeting with them.
•· Agenda for Village meeting of April 8th.
•· Letter from 2010 Census asking that awareness poster be posted.
•· Buckeye Partners is sponsoring a free dinner and training session on pipeline awareness, damage prevention and emergency response for public officials, etc.
•· Brochure from Buckeye Partners about the pipelines in our community.
•· Pamphlet dropped off by NYS Thruway Authority for upcoming project.
Joint Planning Board
•· JPB Minutes from March 25, 2009 meeting
•· JPB Agenda for March 25, 2009 meeting
•· JPB Agenda for April 22, 2009 meeting
Zoning Board of Appeals
•· ZBA Agenda for April 6, 2009 meeting
•· ZBA Minutes from April 6, 2009 meeting
NEW BUSINESS
NY Rural Water Association
Councilman Miller moved to authorize the Supervisor to complete the paper ballot for this year's election, second by Councilman Ward.
RES 47-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried
Time Warner
The Town has received notification that Time Warner Inc. has fully divested its ownership interest in Time Warner Cable, Inc.
Civil Service Positions
The Clerk discussed the reasoning behind establishing a Water Maintenance/
MEO and Court Clerk classifications prior to the results from the upcoming Census results and the potential for the population to become greater than 5000 thereby requiring new positions to be established as competitive. The Clerk provided the Board members with a draft of the Water Maintenance/MEO proposal and asked them to review and note any changes, etc. The Justices are working on the description for the Court Clerk. The designation of a Class C vs. Class D operator license was also discussed. This matter will be placed on next month's agenda.
Weedsport Fire Department
The Supervisor and Councilmen have been invited to participate in this year's annual Firemen's parade on June 5th. Councilman Hinman moved to allow the closing of Towpath Road for this and allow the use of the Town's barricades for this event, second by Councilman Miller.
RES 48-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried
Lion's Club Donation
The Lion's Club has asked the Town to once again sponsor their annual Talent Show event which is being held on April 24th. The donation would be in the amount of $20.00. Councilman Ward moved to approve this donation and to allow payment as a pre-pay, second by Councilman Miller.
RES 49-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried
Old Business
Employee Handbook
Councilman Miller moved to delete the following sections of the 2008 employee handbook:
Section 705.6 which states: "When an employee leaves (by resignation or retirement) any earned, unused vacation days will be paid with the last payroll check issued to that employee, at the current pay rate." And
Section 705 - "Payment of Unused Vacation" which states: "Full Time Employees are not eligible to receive compensation for accumulated vacation leave at the time of separation from employment (e.g., termination, lay-off, resignation) unless the employee is retiring from service with the Town of Brutus. For purposes of this policy, retirement is defined as an employee who is fifty-five (55) years of age or older, has at least ten (10) years of service with the Town and is eligible to receive a pension from the New York State Employees' Retirement System."
and furthermore to replace said sections with the following:
Section 705 - "Payment of Unused Vacation in Event of Termination" which shall state: "Full Time Employees are not eligible to receive compensation for accumulated vacation leave at the time of separation from employment as a result of termination for cause."
Councilman Hinman seconded the motion.
RES 50-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried
Proposed Local Law #2 of 2009 - Change in JPB Terms
A revised draft of the law was forwarded by the Village's attorney based on various conversations with Councilman Miller. Councilman Miller advised that the Village Attorney, Mr. O'Connor felt it would be better to establish a new law rather than amending the old one. The new law will change the current term of service from seven (7) years to four (4) years. Each year both the Town and Village will make an appointment and in the fourth (4) year the Town and Village will make a joint appointment. The members currently appointed will serve out their seven (7) year term, so it will take a couple of years before everyone is serving a four (4) year term. Most planning boards terms are either three (3) or five (5) years. The old terms of appointment only allow the Town or Village to make an appointment every other year and the new law will change this policy.
Ms. Chirco asked the Board to note that there is a learning curve for the members of the JPB and it is helpful to have older members on the Board. Mr. Sullivan noted that the Town has spent money on training the current members and while training is helpful, they sometimes learn more by talking with people after the training session. The State does require a certain number of training hours, but the Town has opted out of this requirement because they understand that many people would be unable to attend due to other conflicts. In determining who the Board will appoint each year, they will look to see who attends and participates in the meetings and who attends trainings.
There are no term limits for JPB members. Councilman Miller moved to authorize the Clerk to set the Public Hearing for the May 11, 2009 at 7:30 p.m. and that the Clerk place a legal notice in The Citizen, second by Councilman Hinman.
RES 51-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried
Building, Subdivision and ZBA fee comparisons
After a brief discussion on the fees for various neighboring Towns, it was decided to form a small committee to review the current fee schedules. Councilmen Hinman and Miller will serve on behalf of the Board and Ms. Chirco will advise the Town Clerk who will serve on behalf of the JPB. The Clerk will coordinate a date for everyone to meet. The Clerk will obtain fee information from the Town of Throop and ask for Code Enforcement Ganey's recommendations.
Seneca River Canal Trail Grant
The new contract was prepared which essentially eliminates the requirement of specific signage along the trail based on the lack of funding remaining in the grant. Councilman Miller moved to authorize the Supervisor to execute the new contract, second by Councilman Hinman.
RES 52-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried
Municipal Building Study
The Village has approved their portion of the funding for this project. The study will include possible alternative site locations within the community, site space requirements, building space requirements, preliminary code review, floor plan and elevation for the new building, schematic site plan, recommendation for use of existing facilities, cost estimates and presentation to both Boards. Engineer Piascik will forward a contract and then sit down with interested parties and discuss each entities requirements.
Easter Egg Hunt
The Hunt was held on the rain date, April 5th and approximately 100-150 children attended the event. The children were able to meet with the Easter Bunny and those who won prizes were extremely excited. The Clerk will forward thank you notes to Bass Pro Shops (donation of two prizes), Cindy Devaney (prize donation), Syracuse Utilities (use of their parking lot), Cayuga County Sheriff's (traffic control), Auer (donation of jelly beans), Chris and AJ Spoor, Troop 491, Troop 342. Furthermore, the Clerk noted that the following individuals helped fill the 1500 eggs for the event: Pat and Tom Flynn; Chris, Pam, Keriann and Katie Kelley; Vicki Hickey and Chere Perkins.
Hamilton/Ball Road Water Project
The Clerk has received a number of responses to the letter of interest indicating that most of the residents are not interested in forming a water district due to the costs involved. She is still waiting to hear from some of the residents.
Water District #7 - North Weedsport
Engineer Piascik advised that he has completed 99% of the report for Rural Development. He advised the Board of the preliminary schedule for this project. The Clerk will prepare a letter to all property owners in the proposed district and invite them to a public information meeting on May 7th at 6:30 p.m. The Clerk and Engineer will work together to complete the submissions for Rural Development.
WeCare
Ms. Chirco advised the Board of her concerns with the increased smell, the increased size of the facility, more land being disturbed and more trucks entering and exiting the facility. Mr. Sullivan expressed his concerns with the facility being so close to the aquifer.
MISCELLANEOUS
•· March 2009 Chamber Link
•· Article re: Syracuse Housing Marker #2 in Nation
•· Finger Lakes Institute April 2009 Happenings.
•· Article from New York Post (March 9, 2009) about property purchase in Weedsport.
•· March 2009 Erie Canalway News
•· The Capitol - March 2009
•· Legislative Program from Annual Town Association Meeting in February
•· Options for Living - Winter 2009
•· April 2008 Chamber Link
•· NYS Office of State Comptroller - "Managing Your Budget in Times of Fiscal Stress."
•· Spring 2009 Aquafacts
•· Program for 2009 Women of Distinction Luncheon
•· Easter Egg Hunt - prize winners were John Lynch, Audra Nelson, Antonio Tortorello and Samantha Whitman.
Kathleen Barran left the meeting at 8:55 p.m. and Ann Petrus left at 8:56 p.m.
Executive Session
Councilman Miller moved to enter Executive Session at 8:58 p.m. to discuss a specific litigation matter, Councilman Hinman seconded the motion.
RES 53-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Councilman Miller moved to exit Executive Session at 9:04 p.m., seconded by Councilman Hinman.
RES 54-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
No decisions were made during Executive Session.
Pump Station Issue
Councilman Miller moved to authorize Attorney Yates to prepare the necessary documents/releases to resolve the pump house matter and to allow the Supervisor to execute any necessary documents to resolve this matter if the following conditions are met: a) the releases to O'Brien & Gere and Highlander Construction should only release them on this one issue, the incorrect placement of the pump station, and nothing further; b) the funds committed by the three parties ($4500) cover all costs to resolve this issue including, the updated and prior survey, transfer of property, legal fees, etc. and c) any excess funds will be retained by the Town of Brutus, in other words, the first $3000 will be paid by the other two parties and the Town will pay the rest up to and including $1500. Seconded by Councilman Hinman.
RES 55-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
There was no other business to come before the Board and Councilman Hinman moved to adjourn the meeting at 9:05 p.m., seconded by Councilman Ward.
RES 56-09 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Respectfully submitted,
Mary Kae Brentlinger
Town Clerk
