May 13, 2013
Town of Brutus
Town Board Meeting
The Town Board of the Town of Brutus held their regular monthly meeting on May 13, 2013 in the Town Municipal Building, 9021 N. Seneca Street, Weedsport, NY 13166.
Present were: Supervisor James A. Hotaling, Deputy Supervisor/Councilor Thomas Flynn and Councilors Jeffery Hinman and Amy Chirco. Also present were: Gerald Cunningham, Highway Superintendent; Pamela Kelley, Bookkeeper; Rick LaForce; Thomas Piascik, Town Engineer; Dave Reyer; Cindy Law (Mike Emerson); and Roger Baldwin. Chris Petrus arrived at 7:03 p.m. and Richard Ward arrived at 7:28 p.m.
Supervisor Hotaling called the meeting to order at 7:00 p.m. and began with the Pledge of Allegiance. The Supervisor asked for a moment of silence in honor of Garry Towne who recently passed away and had been a member of the Town's Zoning Board of Appeals.
Approval of Minutes
Councilor Hinman moved to approve the minutes of April 8, 2013, seconded by Councilor Chirco.
RES 60-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Councilor Chirco moved to amend the minutes of December 27, 2012 meeting to change the listing of Pamela Kelley as Deputy Registrar to Vicki Hickey. The motion was seconded by Councilor Hinman.
RES 61-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
The next meeting is scheduled for June 10, 2013 at 7:00 p.m.
Guests
Roger Baldwin provided the Board with an update on the revaluation process and outlined the steps that will occur over the next year. Pam Kelley, Assessor, and Mr. Baldwin have been editing the files and evaluating land and neighborhood codes to insure accuracy. He would like to hold a public information meeting in June to invite the Town residents to explain the revaluation process. The meeting would be advertised in the Port Byron Shopping Guide and The Citizen. Samples of the data mailers and cover letter that will be sent to all residents will be available for demonstration purposes. The data mailers would then be sent out in July with a return date of September 1st. This information would then be added to the system. They will visually check the properties where changes were made on the data mailer; where new structures that have been constructed are not listed on the mailer; or if no response is received. Land tables will also be created based on current sales to establish values.
The properties where changes to the assessed value are made will receive a letter in February and another information meeting will be held at this time to explain the grievance process. Residents will have three opportunities to grieve their assessment. They can schedule a 15 minute informal hearing (per parcel) with Mr. Baldwin and Ms. Kelley. No decisions will be made at the hearing and the residents will be advised of the decision when the Tentative Roll is completed by mail. They may also meet with the Assessor to discuss their assessment and/or come to Grievance Day.
The Clerk will check with the school to determine if the auditorium would be available for the information meeting on June 24th. The Board thanked Mr. Baldwin for coming and he left the meeting at 7:19 p.m.
Richard Ward approached the Board to discuss the 2012 Audit of the Court and Town accounts. He stated that it was a nice, clean audit. He briefly reviewed the Independent Accountant Report for the Court where there were no problems.
The Town's accounts were reviewed separately and a clean unqualified report has been issued. The Town's internal controls are operating effectively and the Board takes an active role in managing finances. All of the funds have a healthy fund balance and are in a good financial state. The Town continues to balance things from year to year and have a little excess in both the B and DB funds which is a good practice. The auditors had no problems with management during the audit and were provided with all of the documentation requested. Mr. Ward complimented Ms. Kelley on keeping the Town in good financial shape. The Board thanked Mr. Ward for coming and he left the meeting at 7:47 p.m.
Supervisor's Report
Councilor Flynn moved to accept the March and April reports, second by Councilor Chirco.
RES 62-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Town Clerk, Water Operator & Code Enforcement
The Town Clerk, Water Operator and Code Enforcement Officer submitted their April Reports for the Boards review. The Town Clerk shared the following: water quality reports have been forwarded to residents in Water Districts 3, 4 and 7; the Clerk was only to attend a few classes at the Annual Conference due to illness, but they were very informative; a complaint was received about the property being remediated on Dunn Road, Deputy Hickey followed up with the contractor and they will be performing additional testing next month; Superintendent Cunningham purchased a used bulletin board for the office and it was refinished by the Highway Department and looks great; the carpets in the front of the building need to be cleaned; the costs related to painting the office were under-budget, but the inclusion of the used bulletin board put it slightly over budget; the Spring Trash/Clean-Up dates are May 17th and 18th; the Clerk noted that the Brutus Recreation Minutes incorrectly listed the amount of copying fees for last year - the correct amount and last year's budget were forwarded to the members delineating the expenditures for last year; and the only overage was in the salary line and lastly the Clerk asked for support for the Weedsport School Budget vote on May 21st.
Highway Superintendent's Report
Superintendent Cunningham submitted his April 2013 report to the Board:
•· Two loads of cold patch were used for patching roads.
•· We mowed brush on Compton Road plus reshaped the area for seeding.
•· Brush was also mowed on Putnam Road.
•· Trees were cut and the area was ditched on Pierce Road.
•· Seminars on water leak detection and excavation safety were attended.
•· The water operator also attended additional training.
Councilor Flynn asked about the shrubs around the cell tower on Sarr Road. The Clerk will notify the Code Enforcement Officer of the issue for his inspection.
Bookkeeper/Budget Amendments
It is time for the yearly loan payment on two loans for Eastern Brutus Water District #2. The Town has a Debt Reduction Reserve in that fund which is to be used only for debt reduction and must be spread out over seven years. This will be the seventh and final year. It is a specific reserve for one purpose only so a two part resolution is needed. First, we need to open an expenditure account (SW2-9710.600R) for use when the payment is made. Second we need to do a budget amendment to appropriate the reserve monies for $5,218.71 to use in partial payment of the yearly loan payments. The budget journal entry to appropriate the reserve funds is:
DR SW2-511 Appropriated Reserves $5,218.71
CR SW2-9710.600R $5,218.71
Councilor Hinman moved to approve the budget amendment as requested above, second by Councilor Chirco.
RES 63-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Pay Abstract #5
Abstract #5 was ordered paid after a motion by Councilor Flynn, second by Councilor Hinman, as follows:
General & Part-Town Fund voucher #'s 136-167 for $34,314.67;
(A Fund - $33,719.72; B Fund - $594.95)
Highway & Part-Town voucher #'s 65-79 for $7,823.40;
(DA Fund - $4,568.90; DB Fund - $3,254.50)
Water District #8 Construction (H8) voucher # 8 for $3,000.00;
Street Lighting (SL) voucher #'s 9-10 for $285.22;
Water and Sewer Districts voucher #'s 13-16 for $41,259.13;
(WD1-$33.64; WD2-$39,800.45; WD3-$572.04; WD6-$289.00; WD7-$30.00;
SS1-$534.00)
RES 64-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Correspondence
- Weedsport Fire Department's March and April Fire Incident Report
- Letter from State Education Department thanking Jeanne Baker for her annual report and efforts to commemorate the War of 1812
- Time Warner Cable Program information
- Six month coupons for Carbonite subscriptions
- Request from NYRWA to promote the importance of drinking water
- Municipal Shelter Incident Report for FLDPA
- Information from the Red Cross on available services
- NYSDOT CHIPS notification of award
- Village of Weedsport Annual Drinking Water Quality Report for 2012
- Village of Weedsport water rate increase notification and water rate increase.
- New from Bob Oaks
- 1st quarter sales tax distribution
- NYMIR Handbook update on General Liability
- NYSDEC - Your Urban Trees from the Soil up - May 31st
- Annual Performance Report on NYS Industrial Development Agencies
- Agenda for Village of Weedsport May 8th meeting
- Air emission information from Integrys for fuel usage for 2010
- NYS Comptroller training for "Leading the Way - Changing Course to Avoid Your Own Fiscal Cliff" - June 19th
- Request to join NY Parks and Trails
- GFI - Workshop on Internal Controls - June 14th and request to join
PB/ZBA/AG ADVISORY COMMITTEE/BRUTUS REC COMMISSION/COMP PLAN COMMITTEE
- PB agenda for April 24th meeting
- PB minutes from April 24th meeting
- Comprehensive Plan Committee minutes from April 3rd and May 1st meeting
- Brutus Recreation Committee minutes from March 27th meeting
OOld Business
Water District #8
The SPDES and Cayuga County Highway Permit have been received. Engineer Piascik stated that the Contractors are making good progress on the project. They have placed approximately 2000 feet of line on Bonta Bridge Road. There have been a few minor issues with trees on Cottle Road and the wetlands on the corner of Pump and Cottle Roads. Mr. Brown on Brutus Road met with Supervisor Hotaling about obtaining public water for his property. His property lies between the lines for Water District #2 and Water District #8. He is approximately 1500 feet from either service. Engineer Piascik suggested that a study could be performed to determine the cost and benefits of connecting these two districts.
Engineer Piascik has reviewed Pay Application #1 and is submitting it to the Board for their approval. Councilor Flynn moved to approve the recommendation of Engineer Piascik for the payment of Pay Application #1 to LaFleur Constructors in the amount of $144,233.75, second by Councilor Chirco.
RES 65-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
The Clerk provided the Board with Form E #2 with several changes for their review. Councilor Hinman moved to approve the following changes to the Form E: 1) the amount of $5,000 was removed from A.1 - Administrative Legal and added to A.8 - Administrative Miscellaneous; 2) the amount of $300 was removed from B.1a - Technical Services Preliminary Engineering Services and added to A.8 - Administrative Miscellaneous for a total of $5,300 in A.8 -Administrative Miscellaneous and also permitting the submission of the following figures for reimbursement to the Town of Brutus for payment to Rural Development - A.1 - $250.00; A.8 - Miscellaneous - $1,132.18 and Technical Services the sum of $80,449.70 for expenses previously made during the formation, etc. of this Water District. Seconded by Councilor Flynn.
RES 66-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
The Board also discussed taking over the portion of Cottle Road from East Brutus Street Road to Bonta Bridge from the County. This is one mile of road and would result in a loss of approximately $3,623 from the snow-plowing contract with the County, but would also increase the CHIPS aid by approximately $1,698 per year. If the Town owns the road it would allow easier access for any type of repairs to the water lines in the future. Engineer Piascik will talk with Cayuga County Superintendent Wethey about this transfer.
Councilor Hinman moved to authorize Supervisor Hotaling to execute the contract for the Pump House Improvements subject to the approval of the Engineer and Attorney, second by Councilor Chirco.
RES 67-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
New Business
Time Warner Cable Contract
The current contract expires in June, but they are willing to offer us the same price for the next three years. Councilor Chirco moved to authorize the Supervisor to sign the new contract for the next three years at the same price, second by Councilor Flynn.
RES 68-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Email about Compton Road
Marilyn Young forwarded an email regarding her concerns about the condition of Compton Road after the Highway Department performed some work in the area. Superintendent Cunningham has placed new soil and seeded the area in question.
Summer Youth Employment Program
The Board has no problem with Superintendent Cunningham using this program again this year.
Public Assembly Application
Hollerback Productions has submitted an application for an event at Rolling Wheels on August 3rd. Deputy Hickey forwarded an email response advising of the deficiencies in the application, but never received a response. Both the Supervisor and Town Clerk attempted to contact them by phone, but a response was not received. The Board briefly reviewed the application and discussed the lack of information. A letter will be forwarded by the Supervisor advising that the Board denied the application at this time due to insufficient information and outlining what additional information is needed.
Substitute Code Enforcement Officer
A brief discussion was held about utilizing a substitute Code Enforcement Officer when Mr. Ganey is unavailable. The discussion included costs, outside contractor versus employee and sharing the costs with the Village. This will be further explored during the creation of the 2014 budget.
Complaints about noise on Ball Road - Motocross
A letter was received by the Town Clerk on May 8, 2013 outlining concerns about the motocross track on Ball Road. Several residents questioned whether this is an allowed usage in an Agricultural/Residential District and asking to be protected from non-agricultural nuisances, odors, noise, pollution and other unsightly, obtrusive and offensive land uses and activities. Cindy Law, Dave Reyer and Mike Emerson (via cell phone) approached the Board to discuss their concerns about the motocross track on Ball Road. The following information was relayed to the Board: there are numerous bikes there at once and they run throughout the day; there are 15-16 bikes at a time and they come and go; a resident ¾ of mile away can hear them; Councilor Hinman spoke with Mr. Brown and advised him that the neighbors were unhappy with the noise; Attorney Yates has looked at the Town's noise ordinance and said that it is not very enforceable; and that this problem was small and only once in a while last year. They are upset that all of the noise is changing their enjoyment of their property and what would happen if it gets any bigger? What rights do they have? How can the law be amended?
Supervisor Hotaling stated that the Board is not going to ignore this and questioned as to whether the property owner moved more than one acre of dirt? If this has occurred, than the DEC can evaluate the property to determine if storm water management requirements have been met. The Town will also contact Attorney Leja to have him look at the Town's Law and see what can be done with regards to noise and land usage in an Agricultural-Residential District. He thanked Mr. Reyer, Mr. Emerson and Ms. Law for bringing the matter to the Board's attention.
Ms. Law and Mr. Reyer left the meeting at 8:31 p.m.
Epayable Information
Councilor Chirco attended a conference in Auburn on Epayable. This is a Bank of America program that has established a Northeast Consortium of vendors that utilize their services for bill/invoice payments. The Bank of America reaches out to vendors asking them to participate in this service - Liberty Store is a member. The Town would place money in an account and the Bank would issue payment to the vendors upon receiving approval from the Town. The vendors receive their payment quicker and the Town would receive some a portion of the payment back. The Town would receive a certain percentage back on the payments made from the Bank. This fluctuates depending on the consortium's purchases. Currently it is at 1.43%. The County Treasurer currently utilizes this service and has had great luck. There would also be saving in the usage of envelopes, stamps and time. Councilor Chirco will provide the information to Bookkeeper Kelley for her review.
OOld Business
Water District #2 - Storage Tank Inspection
A total of three bids were received, but only two were timely. Conrady Consultants bid was for $1,800 for the inspection and Underwater Solutions Inc. submitted a bid in the amount of $3,740 for the inspection and $3,990 for an inspection and cleaning. The Board briefly discussed the differences between the two bids and the usage of a NACE inspector on a glass storage tank. Councilor Hinman moved to accept the bid of Conrady Consultants in the amount of $1,800 for the inspection of the Storage Tank, second by Councilor Flynn.
RES 69-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Chris Petrus left the meeting at 8:55 p.m.
Cayuga County Hazard Mitigation Plan
A copy of the submission that has been submitted to Cayuga County Planning was provided for the Board's review.
Leak Detection
The Clerk provided the Board with a summary of water loss in Water Districts #2 and #3. The Board discussed the percentage of each District's water loss and possible factors, such as fire protection, chlorine analysis, etc. The Clerk was asked to contact NY Rural Water to request an estimated cost for performing a leak detection survey on each system.
Superintendent Cunningham and Mr. Laforce left the meeting at 9:01 p.m.
Work Place Violence Policy
The Clerk provided training on the amended Work Place Violence Policy to the members of the Town Board and Bookkeeper Kelley.
Executive Session
Councilor Hinman moved to enter Executive Session at 9:11 p.m. to discuss contract negotiations with the Motor Equipment Operators, second by Councilor Flynn.
RES 70-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Executive Session ended at 9:28 p.m. and no decisions were made.
Miscellaneous
- Bond Law Office - Case Law Update - non-conforming uses
- Natural Gas Emergencies - NYSEG
- 2013 Legislative Program for NY Association of Towns
- Thoma Development Newsletter
- Spring Issue of Rural Futures
There was no other business to come before the Board and Councilor Hinman moved to adjourn the meeting at 9:28 p.m., seconded by Councilor Flynn.
RES 71-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Respectfully submitted,
Mary Kae Brentlinger
Town Clerk
