October 11, 2010
Town of Brutus
Town Board Meeting
The Town Board of the Town of Brutus held their regular monthly meeting on October 11, 2010 in the Town Municipal Building, 9021 N. Seneca Street, Weedsport, NY 13166.
Present were: James Hotaling, Supervisor, Deputy Supervisor/Councilman Thomas Flynn and Councilmen David Miller and Jeffery Hinman. Also present were: Pamela Kelley, Bookkeeper; Gerald Cunningham, Highway Superintendent, Chris Petrus and Tom Piascik, Town Engineer. C. W. Gregory and Matthew Rodenhizer arrived at 7:06 p.m.
The Supervisor called the meeting to order at 7:00 p.m. and called for the Pledge of Allegiance.
Approval of Minutes
Councilman Miller moved to accept the minutes from the September 13, 2010 regular meeting and the minutes from the special meetings held on September 16, 2010 and September 30, 2010. The motion was seconded by Councilman Flynn.
RES 143-10 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
The next regular meeting is scheduled for November 1st at 7:00 p.m. The Public Hearing on the 2011 Town and Fire Protection Budgets will also be held at this meeting.
Supervisor's Report
The September report will be available at the next meeting.
Town Clerk, Water Operator & Code Enforcement
The Clerk and Code Enforcement Officer provided their September 2010 reports for the Board's review.
The Clerk also received an email from Steve Walczyk from Ryan Road thanking the Town for repairing the damage caused by trucks and busses turning around in his driveway. A brief discussion was held concerning this year's holiday party. The Clerk has contacted the church about hosting the dinner again in January. Supervisor Hotaling briefly discussed the status of the installation of the soft start equipment on the pumps in Water District #2. The rebate from NYSEG must be paid to the entity that pays the electric bill. Therefore, Cayuga County Water and Sewer Authority will need to apply for the rebate. They are investigating to make sure that this piece of equipment will be covered under the rebate program. Superintendent Cunningham advised that NYSEG has a attached a meter to compare and justify whether the soft start equipment will actually create a savings.
Highway Superintendent's Report
Superintendent Cunningham submitted his September 2010 report to the Board:
- We paved the Walcyzk driveway on Ryan Road to repair damages that had occurred by plowing and the school busses.
- Sixty feet of cross culvert was installed on Stevens Road.
- Winter sand was hauled and mixed with salt deliveries.
- We hauled brown sand from Pierce Road for future water projects.
- We worked with Cranebrook Tree Service removing trees on Hoyt, Rude and Hamilton Roads.
- The intersection of Compton and Oakland Roads was paved with a coat of blacktop.
- A retaining wall was placed at the Town barn for our resident yard waste and woodchip storage.
Bookkeeper/Budget Amendments
The Bookkeeper requested the following amendments:
The Preliminary Planning account for Water District #7 has run short again. This shortage is due to a legal advertisement we were required to run in the Citizen. The previous entries to this account this year have been from fund balance and I would like to continue taking the funds from there.
The entry to correct this shortage is:
DR A599 Unreserved Fund Balance $63.74
CR A8030.410 Preliminary Planning WD #7 $63.74
Councilman Hinman moved to approve the above budget amendments, second by Councilman Flynn.
RES 144-10 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Pay Abstract #10
Abstract #10 was ordered paid after a motion by Councilman Miller, second by Councilman Hinman, as follows:
General Fund voucher #'s 242-283 for $37,009.08;
Part Town voucher #'s 83-89 for $758.01;
Highway Townwide voucher #'s 95 - 103 for $26,975.77;
Highway Part-town voucher #'s 35-40 for $8,785.41;
Street Lighting District (SL) voucher #'s 19 -20 for $279.09;
Water District #2 (SW2) voucher #'s 30-33 for $25,777.47;
Water District #3 (SW3) voucher #'s 14-16 for $258.61;
Water District #4 (SW4) voucher #'s 9-10 for $82.38;
Water District #6 (SW6) voucher # 6 for $2.37.
RES 145-10 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Guests
Mr. Gregory and Mr. Rodenhizer approached the Board to discuss the violation issues at WeCare. An application was submitted to the Zoning Board of Appeals ("ZBA") and a hearing was held in September by no one appeared on behalf of WeCare. The ZBA determined that the trailers parked on the parcel which is zoned Agriculture/Residential would be considered a Junkyard. Mr. Gregory advised that the trailers were parked at this location because they are being worked on and/or being evaluated to determine whether they are going to be sold. These trailers are currently not being used by their drivers. They are using the parcel as an extra spot while they expand.
Councilman Miller explained that the initial permit for WeCare was under an agriculture usage. He questioned how these trailers relate or promote the permitted usage for which WeCare is zoned. Mr. Gregory advised that these trailers are used to haul the agriculture materials they purchase and produce. The trailers are being repaired at their shop (which is used to repair the trailers and spreaders) or they will be sold for scrap. The Town has received a number of complaints about the smell that emanates from Bonta Bridge Road and can be smelled from the Thruway. Mr. Gregory advised that the smell is related to the food waste and composing.
The ZBA reviewed the Town Code at their meeting and determined that the current use of this parcel with the storage of these trailers is a Junkyard. The Town Board cannot overrule this determination. An Article 78 proceeding is the only way this determination can be changed. The Town Board or WeCare can retain counsel and ask the Court to determine that the ZBA made this determination erroneously. WeCare can accept this determination and if they do, they will need to make an application for a Junkyard to the Town Board and submit a site plan review. According to Town and State Law, the Board would then turn the matter over to the Planning Board for their review and recommendation on the site plan review. This may take several months for this process to be completed. Mr. Gregory advised that they do not want this parcel classified as a Junkyard.
The Board suggested that they may want to start over again and utilize a different parcel with no current violations. They would need to meet with Code Enforcement Officer Ganey to discuss utilizing a different parcel for the trailer storage and then follow the necessary steps to resolve this matter. The Board reminded them that the violation notice was still outstanding and that penalties can be assessed daily.
Mr. Gregory next asked the Board about the procedures to request that Hall Road be closed because WeCare owns all the property on either side of the road and they are upset by the amount of dumping that occurs on this road. They spend a great deal of time cleaning the area because of illegal dumping. Recently a 23' boat was abandoned on this road. The Board advised that this road has had a dumping problem for a number of years and the Town also spends a lot of time cleaning the area. Superintendent Cunningham stated that Hall Road is a viable road which allows access to the railroad and can be used when the railroad crossing signs are operating. The Board concurred that they do not intend on closing or abandoning this road at this time. Mr. Gregory asked about placing signs about littering in this area with the fine information. Mr. Petrus suggested that the Sheriff's office be contacted to ask them to swing by the area periodically to assist with monitoring the illegal dumping.
Mr. Gregory and Mr. Rodenhizer left the meeting at 7:31 p.m.
Correspondence
- NYS DOT letter re Bridge on State Route 31
- Minutes from the Village of Weedsport meeting of September 8th
- Senator Arcuri letter re grant workshop
- NYS DOH letter re funding for prevention of Adolescent Pregnancy Prevention
- NYSERDA letter which forwarded a free copy of the NYS Building Codes will become effective on December 10, 2010 on behalf of Governor Paterson
- Letter from Attorney Yates to Toshiba regarding the continuing bill issue
- Notification from Hogan Drug & Alcohol Testing providing information on the revised drug testing requirements under DOT
- Bankruptcy Notice for Penn Traffic re approval of disclosure statement
- Association of Towns notice of seminar on Personnel Management and Labor Relations
- Children's Health Network request to implement policies eliminating smoking at Aqueduct Park.
- Time Warner Cable notice of expiring channels
- Invitation to Wastewater Treatment Plant Open House
- Notice of Final Scope of Draft Generic Environmental Impact Statement from Cayuga County for the Emergency Communications Project
- Agenda for Village Meeting on October 13th
- Letter from NYSEG re rate changes
PB/ZBA
- PB Minutes from September 22, 2010 meeting
New Business
Reduction of Speed Limit on Weedsport-Sennett Road
The Planning Board forwarded a request asking the Board to consider lowering the speed limit on a portion of Weedsport-Sennett Road. The road is owned and maintained by the County. A brief discussion was held about the additional properties that have been and/or are being developed in this area. Councilman Miller moved to authorize the Supervisor to forward a letter to the County Highway Superintendent asking that the speed limit be reduced on Weedsport-Sennett Road between Downs Road and the crest of the hill (heading towards Tanner Road), second by Councilman Hinman.
RES 146-10 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Resignation of Planning Board Clerk
Ms. Skellington has submitted a letter of resignation as the Planning Board Clerk due to her new responsibilities as Court Clerk. The Clerk was asked to place an ad in the Shopping Guide asking for applications for this position.
Workplace Prevention Program
Superintendent Cunningham recently attended a training seminar on this issue. It was recommended that the Town complete the Workplace Security Checklist. The Supervisor and Clerk will work on completing the checklist. The Clerk will also check to see if any additional training is required by the office personnel.
ZBA Appointment
Mr. Campbell's term of service ends on December 31, 2010. The Clerk was asked to contact him and determine whether he is interested in serving another term on this Board.
Old Business
Local Law #2 of 201 - Dog Control
The Board reviewed the draft of this proposed law. Attorney Yates has also reviewed the draft. Two changes were made to the draft at the Board's request. Councilman Hinman moved to authorize the Clerk to advertise a public hearing on Local Law 2 of 2010 - Dog Control Law for November 1, 2010 at 7:00 p.m., second by Councilman Flynn.
RES 147-10 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Ross Drive Sign Removal Issue
Supervisor Hotaling met with the two landowners who removed the signs. He recommended that they first put the signs back. They should then send a letter to the Town Board requesting that the signs be removed because circumstances have changed and they no longer believe they are necessary. Upon receipt of the letter the Board would then discuss the matter with the School Transportation Department and determine whether the signs are still necessary.
Kappessor Matter
Mr. Kappessor spoke with Attorney Yates' office and advised that he would be boarding up the home over last weekend. He requested permission to access the property on Tuesday to allow the Village to remove the water meter. The Board would like Code Enforcement Officer Ganey to make sure that the house is secured.
Workers' Compensation
Mr. Street recently stopped by the office and advised that we should have received a letter advising that it was recommended that the estimates for this insurance be calculated at 25% increase. A calculation increase of 20% was used for the preliminary budget figures. The additional 5% will need to be adjusted at the November 1st meeting. This increase will not affect the tax rate that has already been proposed.
Kyle Land Donation
Three requests for quotes were sent out asking for an estimate of the costs to survey the property that the Kyles will be donating to the Town. Two quotes were returned. Watkins Land Surveying submitted the lowest quote. The Supervisor will send a letter asking him to proceed with surveying the property, mapping the legal description, etc.
Water District #7
Supervisor Hotaling stated that funding may not be available for this district until the Spring based upon the delays with the federal budget. He would like to have all the permits in place so when the funding becomes available the construction can move forward quickly. Engineer Piascik will continue working on the DOT and DEC permits. The Clerk will follow up with Madeline Crowe to ensure that the environmental portion of the application is complete.
Miscellaneous
•· September 2010 Chamber Link
•· Land Use Case Update Bulletin from Bond Schoeneck & King
•· NYS Retirement System Update
•· Sales Receipt from Dougs TO GO - Brutus Recreation Commission
There was no other business to come before the Board and Councilman Hinman moved to adjourn the meeting at 8:04 p.m., seconded by Councilman Flynn.
RES 148-10 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Respectfully submitted,
Mary Kae Brentlinger
Town Clerk
