June 10, 2013
Town of Brutus
Town Board Meeting
The Town Board of the Town of Brutus held their regular monthly meeting on June 10, 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 David Miller. Also present were: Gerald Cunningham, Highway Superintendent; Pamela Kelley, Bookkeeper; Tim Ganey, Code Enforcement Officer; Rick LaForce, Chris Petrus and Robert Brown. Thomas Piascik, Town Engineer arrived at 7:01 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 Robert Yeomans who recently passed away and had been a member of the Town's Zoning Board of Appeals and Joyce Bocian who had served on the Brutus Recreation Commission.
Approval of Minutes
Councilor Flynn moved to approve the minutes of May 13, 2013, second by Councilor Hinman.
RES 72-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
The next meeting is scheduled for July 8, 2013 at 7:00 p.m.
Guests
Robert Brown approached the Board to discuss the complaints about the motocross track located on his property and shared the following information: he wished that someone had talked to him about these issues because he could have stopped or toned it down some; he does not charge anyone to use the track; he apologized for the Town having to become involved; currently the track is not being used as much because there are races on Sunday and sometimes on Friday; now that his knee is fixed, he and his son ride quite a bit; the track is used by kids (5 years and up) and adults (guys that he rode with while growing up) for training; anyone using the track needs his permission because the track is private and posted; the bikes are street legal and have AMA approved pipes to quiet them down; alcohol is not allowed; there is no riding after 7:30 p.m. because the bikes do not have lights; he intends to re-route the track so that the exhaust (noise) goes south rather than north; he does not run the bikes now on Saturday and Sunday due to races; people using the track are all professionals, not average kids; the race season begins in the Spring and runs through the first snow fall; and he did speak with Councilor Hinman several weeks ago about this problem.
Supervisor Hotaling asked Mr. Brown to provide the Board with a proposed schedule of when the track will be open to riders for their review and comment. This will also allow the Board to respond to the residents who have complained about the track. The Board thanked Mr. Brown for coming to the meeting.
Supervisor's Report
The Supervisor's Report for May will be provided at the next meeting.
Town Clerk, Water Operator & Code Enforcement
The Town Clerk, Water Operator and Code Enforcement Officer submitted their May Reports for the Boards review. The Town Clerk shared the following: the Public Information Meeting for the revaluation has been rescheduled to June 26th; the Town of Elbridge does not need the Highway Department to mow their trail this year; the Public Assembly application for a concert event at Rolling Wheels has been withdrawn; the carpets in the front part of the office were cleaned over the weekend; there was an $.82 decrease in the expenses in the DB account from last month due to a transposition of numbers; and a change was made in the April voucher for a payment to Hiscock & Barclay - it was billed to the B Fund account for the union contract negotiations rather than the A Fund where it should have been billed.
Highway Superintendent's Report
Superintendent Cunningham submitted his May 2013 report to the Board:
•· Placed top soil, leveled, raked and seeded area on Bates/Clinton Roads.
•· Patched road areas with cold patch.
•· Worked on the Hamilton-Centerport area.
•· Cranebrook Tree Service cut trees on Pierce, Chamberlain, Tanner and Ball Roads.
•· Tree stumps were ground out on Pierce and Chamberlain Roads.
•· Trash/Spring Clean-up days were held on May 17th and 18th and three dumpsters were loaded with tires and debris.
•· Scrap metal was taken to Waterloo.
•· The inmates from Cayuga County jail worked two days on the cemeteries, park and office.
•· Two loads of cold patch were used for patching roads.
The Trash/Spring Clean-Up Day yielded 3 tons of tires and 8.75 tons of other trash. They picked up 3 - 16' tables and 2 - 12' tables from Emerson Park. Superintendent Cunningham would like to put new boards on the tables and make them smaller. A brief discussion was held on whether plastic wood versus pressure treated lumber could be used for the tables and which funding account to use for this expense. Councilor Flynn stated that last weekend Aqueduct Park was packed and he commended the Highway Department for maintaining the trails.
Pay Abstract #6
Abstract #6 was ordered paid after a motion by Councilor Flynn, second by Councilor Miller, as follows:
General & Part-Town Fund voucher #'s 168-203 for $13,627.54;
(A Fund - $11,769.44; B Fund - $1,858.10)
Highway & Part-Town voucher #'s 80-92 for $7,630.07;
(DA Fund - $3,012.03; DB Fund - $4,618.04)
Water District #8 Construction (H8) voucher #'s 9-13 for $332,687.56;
Street Lighting (SL) voucher # 11 for $254.37;
Water and Sewer Districts voucher #'s 17-19 for $17,405.09;
(WD2-$16,782.93; WD3-$233.43; WD7-$388.73)
RES 73-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Correspondence
- Village of Weedsport minutes from May 8th
- National Channel Lineup Change - June 2013
- Notification from the Board of Elections of the consolidation of Brutus Election Districts One and Three - Councilor Miller moved to accept the recommendation of Board of Elections to consolidate current Districts One and Three in the Town of Brutus, second by Councilor Hinman.
RES 74-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
- Key Bank Account Analysis for April 2013
- NYMIR subscriber accounting statement
- NYS Public Service Commission has resumed proceedings to determine how to address 315 area code issues - Request for comments by July 15th
- Municipal Shelter Report for Finger Lakes Dog Protection Agency
- Information on WIC Program
- Underwater Solutions letter thanking Town for allowing them to bid on water storage inspection
- Mercy Flight Central request for support
- Information from Board of Elections regarding 2013 election dates
- Time Warner Cable Franchise Fee for 1st quarter information
- Cayuga County Department of Health - Fight the Bite information
- Cayuga County Water & Sewer Authority - advising of electronic version of annual water quality report
- Assemblyman Henderson's request to support in asking Sheldon Silver to resign his position
- Public Hearing on Annual Inclusions & Agricultural District Review & Consolidation
- Time Warner Cable information on expiring channel agreements
- NYS DEC will be inspecting Weedsport Flood Projection Project on June 18th
- Notice of Hearing on Tentative State Equalization Rate
- SKYWARN Training notification
- Time Warner Notification of additional channels being converted to digital from analog
- Cayuga County Multi-Jurisdictional All-Hazard Plan Public Meeting
- Village of Weedsport agenda for June 12th meeting
PB/ZBA/AG ADVISORY COMMITTEE/BRUTUS REC COMMISSION/COMP PLAN COMMITTEE
- PB agenda for May 22nd meeting
- PB minutes from May 22nd meeting
- Comprehensive Plan Committee agenda for June 5th
- ZBA minutes from June 3rd
New Business
Additional Road Work
Superintendent Cunningham advised that there is a lot of additional road work that needs to be performed and he would like to use the additional CHIPS funding to repave parts of Pump Road. Councilor Hinman moved to amend the Agreement to Spend Monies for 2013 to include the additional $15,892.40 received from CHIPS funding for this project, second by Councilor Flynn.
RES 75-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Cornell Local Roads Program
The Dean overseeing this program is retiring soon and there is concern that this educational resource will not be available in the future. Highway Superintendent Cunningham and Councilor Hinman both stated that this program is a very important part of the continuing education for municipalities, especially for Superintendents. Every four years there is the potential for a large number of new Superintendents to be elected who would need this resource to do their job properly. Councilor Hinman made the following motion:
The Brutus Town Board hereby fully supports the continuation of the Cornell Local Roads Program, as it provides important, necessary educational programing for local governments throughout New York State. The motion was seconded by Councilor Miller.
RES 76-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Uniform Notice of Claims Update
Recent legislation allows for a Notice of Claim to be served on the Secretary of State. The Secretary of State will then forward the Notice of Claim to the person designated by the Town Board to receive service of same. Councilor Miller moved to adopt the following resolution:
WHEREAS General Municipal Law §53 requires towns to file a certificate with the Secretary of State designating the Secretary of State as an agent for service of a notice of claim; and
WHEREAS, General Municipal Law §53 requires the certificate to include the applicable time limit for filing the notice of claim and the name, post office address and electronic mail address, if available, of an officer, person, for the transmittal of notices of claim served upon the Secretary as the town's agent; and
WHEREAS, pursuant to General Municipal Law, §50-e(1)(a), the applicable time limit for the filing of a notice of claim upon a town is 90 days after the claim arises, or in the case of a wrongful death action, 90 days from the appointment of a representative of the decedent's estate,
Now therefore be it
RESOLVED, that the Town Board of the Town of Brutus, County of Cayuga designates James Hotaling, in his capacity as Town Supervisor and Mary Kae Brentlinger, in her capacity as Town Clerk as the alternate, to receive notices of claims served upon the Secretary of State by mail at 9021 N. Seneca Street, PO Box 720, Weedsport, NY 13166 and email at townofbrutus@centralny.twcbc.com.
BE IT FURTHER RESOLVED, that the Town Board hereby directs the Town Clerk to file the required certificate with the Secretary of State informing him of the town's designation and applicable time limitation for filing a notice of claim with the town on or before July 14, 2013.
The motion was seconded by Councilor Flynn.
RES 77-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Memorandum of Understanding
The NYS Department of Taxation and Finance Office of Real Property Tax Services is requesting that this application be completed indicating that the Town of Brutus has a plan to complete a revaluation every 4 years. The document must be in place to receive reimbursement for revaluations and it allows the Town to receive more aid when we remain at 100%. Councilor Hinman moved to authorize Supervisor Hotaling to sign the Memorandum of Understanding, second by Councilor Miller.
RES 78-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Term of Assessor
The Assessor's term expires on September 30th. Councilor Miller moved to re-appoint Pamela Kelley as Assessor for a term beginning on October 1, 2013 and ending on September 30, 2019. The motion was seconded by Councilor Flynn.
RES 79-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Notification of Fire/Unsafe Structures
The New York State Fire Code requires that the Code Enforcement Officer be notified as soon as possible about fires or unsafe structures. This has not occurred after the last few fires. After a brief discussion, it was agreed that Supervisor Hotaling will forward a letter to the Fire Chief asking for additional communication with CEO Ganey in a timely manner and for an estimation of water usage when a town fire hydrant is utilized for fire protection.
Handicap Ramp Permits
There has been some confusion about the amount charged for handicap permits. The Board confirmed that the building permit fee should remain at $25.00. In 2010, a resident was charged $50 for a handicap permit fee. Councilor Hinman moved to reimburse the resident the overage of $25.00, second by Councilor Miller.
RES 80-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Ball Road
Robert Brown contacted the office about speeding vehicles on the curved portion of this road near his home. There is a two foot deep trench and he had to pull someone out of the ditch. The ditch has become filled with run-off from his property. The speeding generally occurs on weekdays particularly after school. Superintendent Cunningham noted that there are posted advisory signs on the curve in both directions which recommends a speed of 20 mph. Supervisor Hotaling will contact Sheriff Gould about this issue.
Standard Reporting Resolutions
The NYS Retirement Office contacted the office to advise that the Town Clerk, Deputy Clerk, Highway Superintendent, Assessor, Bookkeeper and Court Clerk also need to be reported even though they have a set hours. The Board was provided with a copy of the proposed resolution for their review and comments.
Be it resolved, that the Town of Brutus/Location Code 30675 hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the time keeping system records or the record of activities maintained and submitted by this official to the clerk of the body.
Title: Appointed Official - Town Clerk
Name - Mary Kae Brentlinger
Social Security Number - XXXX
Registration Number - XXXX
Standard Work Day (Hrs/day) - 8.5 hours
Term (Begins/Ends) - 1/1/13 - 12/31/13
Participates in Time Keeping System - Yes
Title: Appointed Official - Court Clerk
Name - Angela Skellington
Social Security Number - XXXX
Registration Number - XXXX
Standard Work Day (Hrs/day) - 8.5 hours
Term (Begins/Ends) - 1/1/13 - 12/31/13
Participates in Time Keeping System - Yes
Title: Appointed Official - Bookkeeper/Assessor
Name - Pamela Kelley
Social Security Number - XXXX
Registration Number - XXXX
Standard Work Day (Hrs/day) - 4.25 hours/4.25 hours
Term (Begins/Ends) - 1/1/13 - 12/31/13
Participates in Time Keeping System - Yes
Title: Appointed Official - Deputy Town Clerk
Name - Vicki Hickey
Social Security Number - XXXX
Registration Number - XXXX
Standard Work Day (Hrs/day) - 8.5 hours
Term (Begins/Ends) - 1/1/13 - 12/31/13
Participates in Time Keeping System - Yes
Title: Appointed Official - Highway Superintendent
Name - Gerald Cunningham
Social Security Number - XXXX
Registration Number - XXXX
Standard Work Day (Hrs/day) - 8.0 hours
Term (Begins/Ends) - 1/1/13 - 12/31/132
Participates in Time Keeping System - Yes
Councilor Miller moved to approve the Standard Work Days for the Town Clerk, Court Clerk, Bookkeeper/Assessor, Deputy Clerk and Highway Superintendent. The motion was seconded by Councilor Hinman.
RES 81-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
The Clerk will post the appropriate notices and forward the information to the State Comptroller's Office.
Transportation Enhancement Program (TEP) Grant
Supervisor Hotaling attended a full day of training that will allow the Town to submit an application for this funding. The idea of a "uniform system" being completed was emphasized at the training. Several years ago an application was submitted requesting funding for a trail that would connect the trail from the high school, through the Village, to Aqueduct Park. At the next meeting, he will provide the Board with the costs associated with obtaining a grant writer to re-submit this proposal. He has spoken with Mayor Saroodis and she is in favor of this proposal. This is an 80/20 funding opportunity and in-kind services can be used for the Town's portion. The grant also requires that the money be expended and then reimbursement can be requested. The application needs to be submitted by August.
No Parking signs on Route 31
A resident who resides near the fairgrounds has requested that these signs be removed by the Town. The Town was the requesting agency for the placement of the signs. The sign's no parking requirement is not enforced and are difficult to mow around. The Zoning Laws for this area do not permit parking on the roadside. After a brief discussion, the Board decided to leave the signs alone at this time, but will continue to monitor the situation. Supervisor Hotaling will forward a letter to the resident.
OOld Business
Epayable
Bookkeeper Kelley participated in a webinar to learn more about this program several weeks ago. She learned that the greatest savings arise from vendors to whom we pay more than $25,000 per year. Following the webinar, she contacted our accounting software vendor to generate a list of vendors that meet this criteria and learned we have two that do. Our vendor also mentioned that there could be issues with money being taken from the bank account prior to Board approval because the Town does not have a comptroller or treasurer. Councilor Miller noted that at the annual town conference this type of program and credit card payments were topics of discussion and used by other towns.
Rick Laforce left the meeting at 8:13 p.m. and re-entered at 8:19 p.m.
Water District #7
The Clerk advised the Board that the initial BAN on this project expired on May 23rd, but a renewal BAN for the same interest rate was prepared by the Town's bond counsel. It had been anticipated that this project would have been closed prior to the renewal date, but there remains an outstanding issue with a property owner that has not yet been resolved. The Clerk will contact Attorney Yates to advise that the Board would like to close out this project in the next several months and ask him to follow up with the property owner's attorney.
Water District #8
Approximately 40% of the construction is complete. Engineer Piascik anticipates that construction will be completed in 6 weeks with testing done by mid-August. He has reviewed Pay Application #2 and is submitting it to the Board for their approval. Councilor Hinman moved to approve the recommendation of Engineer Piascik for the payment of Pay Application #2 to LaFleur Constructors in the amount of $184,948.87, second by Councilor Miller.
RES 82-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Copies of the Scope of Work Modifications were available for the Board's review and comment. Engineer Piascik advised that the modifications are for some additional directional drilling for the project and there is funding available for the changes.
The Clerk provided the Board with a copy of Form E #2 with the changes listed below: One, the amount of Preliminary Engineering Services has been reduced from $17,449.00 to $17,149.70 and the amount moved from this line item to Administrative Miscellaneous is actually $299.30 rather than $300.00. Second, this changes the amount in the Administrative Miscellaneous from $5,300.00 to $5,299.30. Councilor Miller moved to approve the changes to the Form E #2 as noted above, seconded by Councilor Flynn.
RES 83-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Water District #2 - Leak Detection Survey & Storage Tank Inspection
A draft Request for Proposals was submitted to the Board for their review. Engineer Piascik will also review the draft proposal. It was also noted that Water Operator Kinch should notify the Clerk when hydrants are blown off to assist with calculating actual water loss.
A copy of the water storage inspection report from Conrady Consultants was available for the Board's review.
Chris Petrus left the meeting at 8:24 p.m.; returned at 8:35 p.m. and left the meeting at 8:51 p.m.
Cottle Road
A draft resolution for adding this road to the Town's inventory was submitted by Cayuga County Highway Superintendent Wethey. The Clerk was asked to forward a copy to each of the Board members' for their review.
Water District #9
Based upon the 2010 census information the Town no longer qualifies for Pre-Planning Grant funding. If the Board believes that this information is incorrect a reliable impartial source could be used to conduct an income survey. The Board determined that they did not want to proceed with obtaining the Pre-Planning Grant funding. The census information does not preclude the Town for requesting funding for the construction of this project.
Townline Road Cell Tower
Photographs of the area were provided by Code Enforcement Officer Ganey. The vegetation in this area has been destroyed by animals and the Board determined that it was not worth pursuing the issue because of the number of deer in the area.
2012 Audits
Councilor Hinman moved to accept the 2012 Court Audit as prepared by Cuddy and Ward, second by Councilor Miller.
RES 84-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Councilor Miller moved to accept the 2012 Town Audit as prepared by Cuddy and Ward, second by Councilor Flynn.
RES 85-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Property Maintenance Law
At the last meeting the Town Board was provided with a copy of the draft of this law that was prepared by Attorney Leja. The Board briefly discussed the proposal and determined to move forward. Councilor Hinman moved to set the Public Hearing for Local Law #2 - Property Maintenance Law for July 8, 2013 at 7:00 p.m. and directed the Clerk to post the appropriate notice and place the legal notice in The Citizen. The motion was seconded by Councilor Flynn.
RES 86-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Public/Private Road Issues
Councilor Miller provided the Board with several documents for their review and discussion at the July meeting. He noted that this matter has been discussed over the last several months so he prepared the following draft proposals: to amend the subdivision regulations; a hearing notice and the local law that would be adopted. The Clerk will forward the proposed draft documents to Attorney Yates for his comments. The proposal in conflict with basic state enabling status also recommends having the Planning Board review any potential road issues as part of the subdivision process rather than the Zoning Board of Appeals by virtue of the Municipal Home Rule Law authority.
File Cabinets
Several years ago, the Town began the process of updating old file cabinets with fire-proof file cabinets. Last year, the company that sold the file cabinets that were being purchased was removed from the state bid list. It was anticipated that they would return to the approved list after the first of the year, but they did not. Therefore, because of this the file cabinets that were budgeted for the Town Clerk, Assessor and Code Enforcement Office were not purchased in the 2012 budget. The funding for the file cabinets was not encumbered ($2,400 in A Fund accounts and $1,200 in a B Fund account) but returned to fund balance. The Hon Company currently has state bid pricing for fire-proof file cabinets and they are slightly more expensive. There is enough budgeted in the 2013 budget to purchase one for the Supervisor and a portion of one for the Assessor. The Clerk is proposing to purchase the following file cabinets: one for the Supervisor, one for the Assessor and one for the Code Enforcement Officer. Councilor Hinman moved to approve the purchase of the recommended file cabinets as noted above, second by Councilor Flynn.
RES 87-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Pole Barn
The following bids for the pole barn were opened by the Supervisor on June 6, 2013 at 10:00 a.m. The first bid was from RLS Structures in the amount of $32,200, but engineering plans were not included. The second bid was from Secor Building Solutions in the amount of $39,322 and engineering plans were included. The third bid was from Fingerlakes Construction in the amount of $39,000 and engineering plans were included. RLS Structures subsequently submitted a letter advising that they do not submit engineering plans due to the cost until after the bid is awarded to them.
Only one bid was received for the pole barn concrete from Secor Building Solutions in the amount of $23,419.85.
The Town Board briefly reviewed the bids that were submitted and the proposed funding for this project. It was anticipated that funds from the building and landing reserve would be used for this project, but Supervisor Hotaling was contacted by Senator DeFrancisco's office, shortly before the bids were received, and was asked whether there were any upcoming capital projects for the Town. Supervisor Hotaling forwarded a letter to the Senator advising of this project and its need, but has not received any response from the Senator's office. It has been the Supervisor's experience that projects that are already begun generally do not receive funding. He suggested the Board hold off on final action until we learn about the potential state funding. The bid documents allow the Town 60 days from the opening of the bid to make an award. The Board determined not to take any action at this time.
Miscellaneous
- Duromec Technology for street lighting
- VIP Structures
- Laberge Group - information on TEP funding
- Public Sector Consultants - survey results
- Hunt Newsletter - Spring 2013
- Rural Water - Second Quarter 2013
- Weedsport Fire Department's March and April Fire Incident Report
There was no other business to come before the Board and Councilor Hinman moved to adjourn the meeting at 9:09 p.m., seconded by Councilor Flynn.
RES 88-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Respectfully submitted,
Mary Kae Brentlinger
Town Clerk
