July 8, 2013
Town of Brutus
Town Board Meeting
The Town Board of the Town of Brutus held their regular monthly meeting on July, 8, 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 Amy Chirco and David Miller. Also present were: Gerald Cunningham, Highway Superintendent; Pamela Kelley, Bookkeeper; Rick LaForce; David Kinney; Allen Weller; Mark Farrell and Nancy Sumner, Brush Bow Consulting. Additionally, Michael Emerson (7:01 pm); Robert Brown (7:05 pm); Dave Reyer (7:07 pm) and Thomas Piascik, Town Engineer (7:11 pm) arrived at the times noted.
Supervisor Hotaling called the meeting to order at 7:00 p.m. and began with the Pledge of Allegiance.
Approval of Minutes
Councilor Miller moved to approve the minutes of June 10, 2013, second by Councilor Flynn.
RES 89-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
The next meeting is scheduled for August 12, 2013 at 7:00 p.m.
Guests
David Kinney and Allen Weller approached the Board to discuss the rumors circulating about the Weedsport Rural Cemetery ("WRC"). A copy of their minutes from June 11, 2013, the Memorandum from the Department of State - Senior Accountant dated May 15, 2013, a copy of a payment ledger for May and June 2013 and the 2012 Annual Report of Cemetery Corporation had previously been available for the Board's review. Mr. Kinney thanked the Town Board for the $2,500 provided to assist the WRC. He also wanted to squelch the rumors that the WRC does not have a treasurer and that it is being turned over to the Town. They are currently working with the Department of State to correct the improperly removed funds from the permanent maintenance account for expenses. The State is willing to work with them to remedy this situation. Mr. Kinney has also contacted Senator DeFrancisco to request assistance. The permanent maintenance fund was established for the purpose of maintaining the cemetery once all the lots are sold and no additional income is being received. In prior years, they were putting 50% of the lots sales aside to do this, but now they are only putting 20% away. Councilor Chirco asked about the manpower being utilized to maintain WRC and was advised that employees have been asked to only work 2400 hours per year based on a formula that was derived by their governing board. Mr. Weller believes that 1700 hours would be sufficient. They will be using more inmate labor to assist with maintaining the WRC because that service is free. Supervisor Hotaling questioned whether it was their intention to keep the WRC running and was advised that they are trying but they are waiting for a response from the Cemetery Board and the Senator.
Mr. Kinney and Mr. Weller both noted that the Town is good about supplying stone dust and crushed stone when it is needed and the Village assists them with digging graves when needed. At this time, they are not asking the Town for any additional assistance.
Mr. Weller has been the treasurer since 1985. Last year they had revenue in the amount of $31,000 and expenses of $43,000. There are 4 employees who do the maintenance, prepare the grave sites and maintain the equipment. They have four tractors, two of which are over 20 years old and two newer ones that seem to constantly need repair. In the future, the inmate labor program will be taking care of the weed whacking. Mr. Kinney stated that the regular secretary was not at the June 11th meeting and that Mr. Randall interjected his own opinion in the minutes. When asked about other local cemeteries, the Board was advised that the Town of Throop runs the cemetery and that the Cato cemetery is in rough shape. The Board thanked Mr. Kinney and Weller for attending the meeting.
Mr. Weller and Mr. Kinney left the meeting at 7:15 p.m.
Nancy Sumner, Brush Bow Consulting, next approached the Board to discuss the Transportation Enhancement Program ("TEP"). This is a federal government program which provides funding to NYS Department of Transportation for use on various projects. Ms. Sumner previously met with Supervisor Hotaling to discuss the project that connects the trail near the High School to Aqueduct Park. An application for this project was submitted in 2006 but did not receive funding. Working from the prior submission will save time and money during this round of funding. Applications are due by August 12th and the minimum request is $160,000 with a $40,000 match and $3.5 million with a $625,000 match. She has contacted DOT and this project would be eligible under two federal requirements and possibly more categories. The more categories the application falls under the better chance there is to receive funding. The match portion of the grant can be cash or in-kind services. Supervisor Hotaling had an information conversation with Mayor Saroodis about this application and she said it sounded great. The Town will work on obtaining the support letters which will save on the costs. Ms. Sumner stated that this application will take approximately 30-40 hours at $45 per hour.
She will also look at the Consolidated Funding Application to determine if this project could be submitted for that funding. There is no reason not to apply to both programs. There would only be a little more additional work needed to apply for this from the TEP application.
A brief discussion was held as to what accounts would be used to pay for Ms. Sumner's services.
Councilor Miller moved to authorize the Supervisor to sign a contract to retain the services of Brush Bow Consulting for the purpose of preparing grant applications as discussed above in an amount not to exceed $2,000 and authorizing the preparation and submittal of Transportation Enhancements Program Grant Application to New York State Department of Transportation as follows:
WHEREAS, the Town of Brutus is eligible to receive funds under the Transportation Enhancements Program (TEP), a federal reimbursement program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which is administered by the NYS Department of Transportation (DOT); and
WHEREAS, this program funds projects that generally are not funded through traditional transportation programs, including provision of facilities for bicycles and pedestrians; and
WHEREAS, the Town seeks to partner with the Village of Weedsport to establish connectivity to the Town's Aqueduct Park and NYS Canalway Trail from the Village's Junior-Senior High School, central business district and residential center; and
WHEREAS, the Town seeks to undertake improvements at Aqueduct Park to benefit trail users passing through on the NYS Canalway Trail, including installation of benches, construction of a shelter area for bicyclists and pedestrians, and minor landscaping; and
WHEREAS, this proposal meets the intent and objectives of the TEP Program; now therefore, be it
RESOLVED, that the Town of Brutus Supervisor is hereby authorized to submit an application for TEP funds and if awarded enter into a formal agreement with NYS DOT; and be it further
RESOLVED, that the Town of Brutus Supervisor is hereby authorized to enter into an intermunicipal agreement with the Village of Weedsport, for the provision of in-kind services and other activities as may be required to implement this proposal; and be it further
RESOLVED, that the Town of Brutus will act as project sponsor, will pay project costs up front and then request reimbursement of eligible costs from NYS DOT, and will accept responsibility for project development in accordance with federal requirements.
The motion was seconded by Councilor Chirco.
RES 90-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Ms. Sumner thanked the Board for their time and left the meeting at 7:28 p.m.
Open Public Hearing on Local Law #2 - 2013 - Property Maintenance Law
Supervisor Hotaling opened the Public Hearing at 7:28 p.m. and noted that the Town Board has been working with Attorney Leja for approximately one year to update this section of the Town Law. A draft of the proposal was provided to the Town Board members following the May 13, 2013 meeting. The notice of Public Hearing was posted on the Town website and on both doors at the Town Office on or about June 20, 2013. The legal notice was run in The Citizen on June 22, 2013. He asked if anyone had any comments on the proposed law. The Board members were provided with a copy of the comments submitted by Code Enforcement Office Ganey and a copy of the New York State Property Maintenance Law. CEO Ganey had suggested that the Town adopt the NYS Property Maintenance Law and made specific suggestions on the text of the law. The Board discussed the recommendations and their concerns that too much specificity sometimes make the law more difficult to enforce. The hearing was left open.
Ball Road
Supervisor Hotaling stated that Mr. Brown had submitted a proposal as to when the motocross track on his property will be used. Mr. Emerson, Mills Road, addressed the Board to discuss his concerns on this issue. At the May Town Board meeting, concerns about the loud and obtrusive noise that occurs as a result of the track being use were shared with the Board Members. The noise does not allow them to use their property in a peaceful manner. On Saturday, the track was used from 1-5 p.m. and on Thursday from 11:30/12:00-1:30/2:00 p.m. Tuesday night they ran until 8 p.m. There are 6 to 8 other bikes that use the track although they are not all there at the same time. He has no problem with Mr. Brown and his son using the track. The riding begins in April and has continued since then.
Next, Mr. Brown addressed the Board and reiterated that he had forwarded a proposal with set hours for track usage. If anyone is having a party, please let him know and he won't allow the track to be used. He has several bikes that he rides and they are all compliant with AMA mufflers. He recently had knee surgery and is now training again.
Councilor Chirco stated that the issue is not about Mr. Brown and his son riding, but all of the other riders that use the track because this is not a permitted use in the AR District. If this track is allowed it will open the door to other usage issues in the future in the AR district. She questioned why there should be a compromise when this is not a permitted use.
Nearby neighbors spoke expressing their objections to the continuation of this activity and disputing many of Mr. Brown's assertions.
Councilor Miller briefly discussed a meeting with the Town's land use attorney. The attorney believes that there is wiggle room in our ordinance as it is not 100% clear about usage. If a compromise cannot be reached, than legal action could possibly be undertaken which would be expensive and there is no guarantee that we would win. Once a legal decision has been rendered there is no room for compromise. Prior instances reveal that a town often loses - Sennett lost a similar case. However, based on the comments made tonight, it does not appear that a compromise will work. He also noted that the noise ordinance is not clear and the Town cannot represent the neighbors.
Councilor Flynn noted that there are two different stories on this matter and how can the Town determine who is correct. How does the Town monitor when the track is being used more than two hours at a time. How does the Town police this to make sure there is compliance? He has ridden by the property on different days and times (about 8-10 times) and has not heard anything.
Supervisor Hotaling advised that the attorney suggested a meeting with both sides to work together to resolve these issues. He asked Mr. Emerson whether he would be willing to be the spoke person for the neighbors who are upset by this matter. Mr. Emerson advised that he does not want to go door-to-door and that he thinks it is up to the Town of Brutus to resolve this problem. Supervisor Hotaling stated that they have a similar problem in Savannah. The neighbors brought a civil action against the person owning the track and it has been going on for three years and a great deal of money has been spent by the residents. He does understand the frustration with the noise that occurs multiple times and multiple days and the inability to enjoy your property.
It was noted that some of the neighbors (Leonardis and Greers) do not have any complaints about the track. Mr. Brown stated that Mark Spingler and his son and John Provo utilize the track also. If it rains, they stop running the bikes. He generally allows riding for three hours at a time, if this is a problem they will only ride for two hours if you call let him know.
Mr. Reyer stated that they rode for four hours on July 4th and when it started to rain they rode for another 1/2 hour. You can tell the difference between the 2 and 4 cylinder bikes by the sound. Although he lives in the Town of Throop, he can hear the bikes. Mr. Emerson is writing down when the track is being use and he will too.
Mr. Brown stated that no one ever came to him and spoke about this problem. He is willing to work with anybody and he will write down the dates and times of usage if that is what is requested. He has tried to combine the track to make the noise better. Mr. Emerson stated he had talked to Mr. Brown.
Supervisor Hotaling asked Mr. Emerson to contact Mr. Brown and come up with a few dates that they would be available to meet and him and Councilor Flynn.
Mr. Emerson and Mr. Reyer left the meeting at 8:00 p.m. Mr. Brown left the meeting at 8:05 p.m.
Supervisor's Report
Councilor Flynn moved to accept the Supervisor's report for May, second by Councilor Chirco.
RES 91-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
The report for June will be provided at the next meeting.
Town Clerk, Water Operator & Code Enforcement
The Town Clerk, Water Operator and Code Enforcement Officer submitted their June Reports for the Boards review. The Town Clerk shared the following: appointments to the Brutus Recreation Commission need to be made at next month's meeting and the Board has no concerns with the current members if they are interested in continuing to serve; two samples forms for conducting a dog enumeration were provided and the Board agreed that the letter format would be acceptable; the letters will be included with the data mailers for the revaluation to reduce expenses; additional letters will be need to be sent to the residents in the mobile home parks and apartment complexes; an ad for the dog enumeration will be placed in the shopping guide; there was a correction made to the April report due to a bounced check for a water payment that was received in May; this caused the June report to be incorrect because the water payment was initially included in the money submitted to the Supervisor in both April and May thereby causing the June payment to be incorrect; last month the vouchers from the DB fund were not included in the June materials, but were subsequently approved by the Supervisor and paid; the Cayuga County Town Clerk Association met at the end of June and were provided with the information that was available on the new STAR process and the Comprehensive Plan Meeting in July was cancelled, but the August meeting will begin at 6:00 p.m. at the Village Office.
A copy of the minutes from the 2013 Board of Assessment Review meeting were provided for the Board's review.
Bookkeeper/Budget Amendments
The Town of Brutus received grant monies from the NYS Justice Court System. In order to track monies spent using the grant a budget amendment is needed to recognize the receipt of the grant and use a specific court line item for expenses. The entry needed follows:
DR A3089 State Aid - Other $6,537.75
CR A1110.410 Justices - Contractual - Grant $6,537.75
Councilor Chirco moved to approve the requested Budget Amendment, second by Councilor Flynn.
RES 92-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Highway Superintendent's Report
Superintendent Cunningham submitted his June 2013 report to the Board:
- PESH performed an unannounced inspection at the Town Barn and a few issues were noted.
- We mowed the roadsides, Aqueduct Park, the cemeteries and water tower.
- Went to Emerson Park for picnic tables plus dismantled tables.
- Cut trees in area on Lippoldt Road enlarging holding area.
- Hauled slag from the Town of Mentz.
- Moved rocks from Towpath area to Lippoldt.
- Hauled gravel and sand from Harts to Hoyt Road to the Town Barn.
A 17 year-old young man began working for the Town through the Cayuga County Youth Work Program on July 1st. Councilor Flynn asked that weed whacking be taken care of at the cemetery on South Seneca Street when it was mowed.
Pay Abstract #7
Abstract #7 was ordered paid after a motion by Councilor Miller, second by Councilor
Chirco, as follows:
General & Part-Town Fund voucher #'s 204-237 for $31,421.56;
(A Fund - $30,306.14; B Fund - $1,115.42)
Highway & Part-Town voucher #'s 93-102 for $9,045.47;
(DA Fund - $670.75; DB Fund - $8,374.72)
Water District #8 Construction (H8) voucher #'s 14-15 for $167,844.95;
Street Lighting (SL) voucher #'s 12-13 for $282.95;
Water and Sewer Districts voucher #'s 17-19 for $7,485.74;
(WD2-$6,778.05; WD3-$223.92; WD4-$63.70;WD6-$3.70;WD7-$359.02;WD8-$57.35)
RES 93-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Correspondence
- Key Bank Account Analysis May 2013
- Weedsport Fire Department - May Incident Report
- Call for volunteer to help spruce up Cayuga County Trails
- Onondaga County Purchasing Director solicitation letter to join NYS Association of Municipal Purchasing Officials
- Letter from Cleta Grady regarding attack on her dog - The Board briefly discussed this issue and Supervisor Hotaling will meet with Justice Hook about the letter and the Dog Control Officer will also be contacted for their input.
- Notification of meeting between Weedsport Village, Village Attorney and Fire Chiefs regarding ambulance service
- Payment terms for Call 811
- Time Warner digital equipment notification
- Municibid - online government auctions
- Public Service Commission - Notice inviting comments on transmission facilities from Cayuga County to Elbridge substation
- Canal Splash - July 19th
- Memorandum on Cornell Local Roads Program
- Notification from CCWSA on change of meter at Pump House
- Funding available for waterfront revitalization projects
- Code Enforcement letter to property owners on Weedsport-Sennett Road advising that prior approval is necessary for business
- Time Warner notification of expiring channels
- Letter from Village of Weedsport regarding fire contract
- Code Enforcement letter to Shadybrook that they are in compliance and have no outstanding violations
- Workers' Compensation June 30, 2013 loss report
- Letter from attorney for NYSEG advising of incorr4ect information in information previously provided (on top of file cabinet in Supervisor's office)
- Agenda for Village of Weedsport Meeting on July
PB/ZBA/AG ADVISORY COMMITTEE/BRUTUS REC COMMISSION/COMP PLAN COMMITTEE
- PB agenda for June 26th meeting
- Comprehensive Plan Committee Minutes from June 5th
New Business
Notice of Violation and Order to Comply from PESH - Highway Garage
All violations have been rectified and the PESH officer will be making a return trip to verify.
Weedsport Rural Cemetery
This matter was discussed with Mr. Kinney and Mr. Weller earlier in the meeting.
New Position Duty Statement - Deputy Highway Superintendent
A request was forwarded to Civil Service to establish this position for the Town of Brutus. During the recent illness of Superintendent Cunningham, Supervisor Hotaling worked with the Highway employees to assist with insuring specific tasks were completed during the Superintendent's absence. Supervisor Hotaling undertook these responsibilities because he is the Chief Financial Officer with authority over expenditures.
The Board has the option of creating this position now or waiting until such time this position is needed. If the position is established by Civil Service, the Town may create it at any time. Once the position is created by the Town, the Superintendent has 5 days to appoint someone. If he does not appoint anyone, the Board then has the right to appoint someone to the position. It was determined by the Board that they do not wish to create this position at this time but had no objection to having the Civil Service Board establish the position in case it is needed at some future date.
Mr. Laforce left at 8:35 p.m.
Plaque at Aqueduct Park
Approximately 5 years ago, the Town Office was contacted by a family requesting that their family member be added to the Memorial Plaque at the Park. At that time, the Board determined that due to the expense associated with this, they would like to wait until the war in Iraq and Afghanistan were completed to update the plaque. Since that time several other veterans or their families have contacted the office requesting that additional names be included. The Board asked that a list be prepared of the additional names that need to be added to determine if they should move forward at this time to update the plaque. It was also suggested that the Clerk reach out to Theresa Leonardi and Bob Jorolemon to determine if there are any additional names that should be included.
School Tax Collection Proposal
The Clerk raised the issue of assuming the role of School Tax Collector with the Board. She explained that the Weedsport School District has budgeted $10,529 for tax collection. This amount is for the tax collection. The current collector is no longer interested in the position. The school is interested in entering into an Intermunicipal Agreement to have the Town become the school tax collector. Currently when people call for copies of their county/town tax bills (sale of home, income tax returns, refinances) they have to call the town office and then they need to contact the school tax collector to obtain that information. She is not always accessible and does not have a computer at her home. If we were to handle the school tax collection it would make it easier for our residents to obtain the information quicker.
Tax collection would be performed in the beginning of September through early October and the Clerk and her deputy have stated that they would be able to handle the entries and balancing. The County Treasurer's office will mail out the bills. First Niagara will collect the payments and provide the Town with the tax stubs which would allow us to enter the payments manually into the Williamson tax program. The school tax program is identical to that of the town/county tax program. Daily reports will be generated and sent to the school. We would also handle the second installment payments through the office, but payments will be made at the bank.
Unlike county/town taxes, school taxes that are paid by a mortgage company are not required by law to forward a receipt to the property owner. However, anyone requesting a receipt would need to be mailed a receipt.
As this would be the first year we perform this service, the Clerk believes that $750 would be sufficient for mailing receipts, etc. She has spoken with Jon Frantel at Williamson and they will not require an annual software payment to install the software at the town. He also advised that they have created a program that will allow residents to pay their school taxes on line with a credit card. Residents will have to pay a 3% surcharge for this service. Credit card payments will be reflected in the school's bank account within 24 hours.
It would be nice to reduce the amount that the school has budgeted for this and we do not know how much time would be involved for town staff at this point. Since the Clerk will be entering the majority of the payments and Vicki will be assisting periodically and then helping with the receipts throughout the year, the Clerk's proposal would be to split the money received from the school 75/25. This will not be a revenue source for the Town but a way of providing additional benefits to the community at no additional cost to the residents. The Board advised that they had no objection to moving forward with this proposal.
The Clerk will also contact Rick Blayfield, at the State Comptroller's Office, to determine the correct way to enter this information in this year's budget.
OOld Business
Water District #7
Engineer Piascik advised that a fire hydrant was hit last month in front of Page Transportation. The hydrant broke away like it should, but needed to be repaired. Page Transportation has asked that the hydrant be moved because they want to pave their parking lot. They have offered to move the jersey barrier and install a concrete barrier. It should only take the Highway Department one day to move the hydrant and he will talk with John Helgren, Rural Development Engineer, to request reimbursement for any supplies from the capital project funding. He asked Superintendent Cunningham and Water Operator Kinch to coordinate the work before the next meeting.
Water District #8
The water lines have been installed on Cottle, Bonta Bridge and Jericho Road Extension. A portion of filling has been completed on Cottle Road. Some remediation work has been performed but it has not been completed. An unmarked water service was hit and a complaint was received from a residence which required replacing a driveway culvert. There are few other driveway culverts that need to be replaced which will be an additional expense to the project. Copper test whips were clipped and stolen from stored materials. East Brutus Street Road work will now begin. It is still anticipated that work will be completed by mid-August. Engineer Piascik will continue working with the contractor to make sure the residents are satisfied. They have lost about three days due to rain.
Engineer Piascik has reviewed Pay Application #3 from LaFleur Constructors and is submitting it to the Board for their approval. Councilor Miller moved to approve the recommendation of Engineer Piascik for the payment of Pay Application #3 to LaFleur Constructors in the amount of $164,844.95, second by Councilor Chirco.
RES 94-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
A copy of an email from Engineer Piascik to Lafleur Constructors following an inspection was provided for the Board's review. The Clerk provided the Board with the documentation utilized to calculate the amounts needed to repay the A and B Funds for expenses incurred prior to funding being received for this project. Councilor Flynn moved to approve the repayment of $1,307.72 to the A Fund for Administrative Expenses; $3,450.00 to the B Fund for Technical Expenses and $67,999.70 to the A fund for Technical Expenses. Councilor Chirco seconded the motion.
RES 95-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Engineer Piascik advised that he had received the insurance binder and signed contract from Blue Heron Construction for the Pump House Improvement Project. He will provide them to the Clerk for review by the Town Attorney.
Water District #2 - Leak Detection Survey
Engineer Piascik has reviewed the Draft Request for Proposal for the Leak Detection Survey and made corrections/additions. Councilor Miller moved to approve the Request for Proposal and authorized the Clerk to solicit bids for this project, seconded by Councilor Chirco.
RES 96-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
The Board asked the Clerk to contact Port Byron, Cato and the Water Authority to obtain contact information on contractors who can address the issues delineated in the Water Storage Tank report.
Hamilton Road
Engineer Piascik assisted a resident on Hamilton Road who requested that they be removed from Flood Zone. They were successful in being removed and Engineer Piascik provided the Clerk with the copy of the decision for placement in the property file.
Engineer Piascik left the meeting at 9:15 p.m.
Amended Agreement to Spend Monies
Councilor Chirco moved to approve the proposed Amended Agreement to Spend Monies to include the additional CHIPS funding, second by Councilor Flynn.
RES 97-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Cottle Road
A brief discussion was held on the financial considerations of taking over the County's portion of this Road. By taking over the portion of Cottle Road that is currently owned by Cayuga County, the Town will lose $3,622.72 from the snow plow contract based on this year's figures. However, the Town will receive an additional $1,732.95 in additional CHIPS aid based on prior year figures. The Board discussed the benefits of owning the road especially for Water District #8. Councilor Flynn moved to approve the acceptance of Cottle Road from East Brutus Street Road to the intersection of Cottle Road and Bonta Bridge Road from Cayuga County and that it be added to the road inventory for the Town of Brutus. The motion was seconded by Councilor Chirco.
RES 98-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Pole Barn
A brief discussion was held about the status of this project. The Board asked the Supervisor to forward a rejection to all of the bidders based upon information from our State Representative that funding may be available for this project. The Board is unsure as to whether or not the bid documents would need to be modified in order to secure the funding. They believe that it is in the best interest of the Town to await notification as to whether this project will qualify for the funding.
Cayuga County Hazard Mitigation Plan
The Clerk had provided the Board with a copy of the final draft version of Town's contribution for their review with a few suggested corrections and/or notations. The Board asked the Clerk to make the changes and submit the final draft to Cayuga County Planning for their portion of this project.
Revaluation
Copies of materials provided to the public at the June 26th meeting were available for the Board's review. Information on the meeting was shared with the Board members who were unable to attend.
Hidden Greens
Mr. Donnelly spoke with Supervisor Hotaling several weeks ago about completing the work that needed to be done in order for the Town to take over the road. A copy of Attorney Leja's December 20th letter was provided to him. He has done some of the work outlined in the letter and asked to have Engineer Piascik inspect the property. Once his portion of the work has been completed, he will turn the money over from the security account to the Town. There should be sufficient money in the account for oiling and chip sealing the road and to install the necessary signage. The Board noted that proper insurance coverage and a right to enter agreement will be needed. Superintendent Cunningham was asked to provide an estimate for this work.
Ball Road
See discussion above concerning the motocross track. On another matter, copies of correspondence from Innerconnect regarding their request to place poles in Town's Right-of-Way on Ball Road were available for the Board's review. The Town cannot legally sign off on property owned by the Town without some type of compensation. We are currently waiting for a proposal.
Private Road Issue
Councilor Miller met with Attorney Yates to discuss the purpose of this proposal. Attorney Yates asked for time to research the issue of whether matters can be referred to the Planning Board rather than the Zoning Board of Appeals as authorized by State Law. Councilor Miller hopes to have the answers by the August meeting.
Close Public Hearing on Local Law #2-2013 - Property Maintenance Law
The Supervisor closed the Public Hearing at 9:35 p.m. No one spoke for or against the proposed Local Law #2-2013 - Property Maintenance Law. Councilor Flynn made the following motion, which was seconded by Councilor Chirco:
A Local Law Establishing a Property Maintenance Code for the Town of Brutus
WHEREAS, pursuant to authority vested in the Town of Brutus ("Town") by the Municipal Home Rule Law of the State of New York, the General Municipal Law of the State of New York and the Town Code of the Town of Brutus, the Town Board may from time to time amend its Town Code as needed to clarify, supplement, reconcile, amend or correct provisions in that Code; and
WHEREAS, in consultation with Special Counsel, the Town Board has considered certain amendments to its Town Code and has selected those amendments to be the subject of a local law for enactment in accordance with its lawful authority; and
WHEREAS, Pursuant to General Municipal Law Sections 239(l) and (m), the proposed local law has been referred to the Cayuga County Department of Planning and Economic Development for review and comment, which Department has rendered comments that were duly considered and addressed by the Town Board and its professionals; and
WHEREAS, the Town of Brutus Planning Board has reviewed and considered the contents of the proposed local law pursuant to Town Zoning Code Section 125-95(B), and has transmitted its recommendations on the law to the Town Board for the Board's consideration; and
WHEREAS, upon due notice, at a regular meeting of the Town Board held on July 8, 2013, the Town Board conducted a duly noticed public hearing to hear and consider public comments on the proposed local law; and
WHEREAS, the Town Board also addressed the project's environmental impacts pursuant to the State Environmental Quality Review Act ("SEQRA") on July 8, 2013, declaring and identifying the action as an Unlisted Action and declaring a Negative Declaration under SEQRA for the project, that having identified no negative environmental impacts to be associated with this action hereby issues a negative declaration concerning the potential environmental issues; and
WHEREAS, upon due notice, at a regular meeting of the Town Board for the Town of
Brutus held on July 8, 2013 at 7:00 p.m., the Town Board approved the enactment of the proposed local law amending the Town Code; and it hereby
RESOLVED that the Town Board of the Town of Brutus hereby adopts the Property Maintenance Code of the Town of Brutus as follows:
Town of Brutus Local Law 2-2013
A Local Law Establishing a Property Maintenance Code for the Town of Brutus
Be it enacted by the Town Board of the Town of Brutus, New York as follows:
Section 1. Title
The title of this local law shall be: "A Local Law Establishing a Property Maintenance Code for the Town of Brutus".
Section 2. Legislative findings, intent, and purpose
The Town Board hereby finds and determines that it is necessary and desirable to amend the Town Code to:
(a) change the title of existing Town Code Chapter 80 from "Garbage, Refuse and Littering" to "Property Maintenance" to more accurately reflect the scope of the amended Law;
(b) amend Town Code Section 80-1 (Purpose) to expand the Law's enumerated purposes;
(c) amend Town Code Section 80-2 (Definitions) to expand the Law's scope to include definitions of brush, grass, weeds and nuisance materials that are capable of causing or contributing to nuisance or blight conditions.
(d) amend Town Code Section 80-6 to add a civil penalty provision to be enforced by order of the Town and address repeat offenses of Section 80.
Section 3. Statutory authority
This chapter is enacted under the authority of Subparagraphs (a)(12) and (d)(3) of the Municipal Home Rule Law § 10(1)(iii) and Municipal Home Rule Law § 22. To the extent that the Town Law of the State of New York does not authorize the Town Board to conduct procedures in the manner set forth within the Town Code Amendment, it is the expressed intent of the Town Board to change and supersede such statutes. It is the expressed intent of the Town Board to change and supersede Town Law §§ 64(17-a), 264 and 265 to empower the Town to provide its own specific procedures.
Section 4. Intent to Amend Existing Town Code
This Local Law No. 2-2013 is intended to amend the existing Town of Brutus Town Code provisions relating to garbage, refuse and littering, and any corresponding tables and appendices that accompany that Code.
Section 5. Body of Local Law
The body of Local Law No. 2-1013, i.e. the several amendments to the Town Code, is
attached hereto in its entirety as Exhibit "A".
Section 6. Severability
If any section, clause or provision of this chapter or the application thereof to any persons is adjudged invalid, the adjudication shall not effect other sections, clauses or provisions or the application thereof that can be sustained or given effect without the invalid section, clause or provision or application, and to this end the various sections, clauses or provisions of this chapter are declared to be severable.
Section 7. Effective date
This local law shall take effect immediately upon filing in the office of the New York State Secretary of State.
EXHIBIT "A"
TEXT OF LOCAL LAW NO. 2-2013
TOWN OF BRUTUS
1. The foregoing recitals are incorporated herein as if set forth at length.
2. The title of Town Code Chapter 80 shall be changed from "Garbage, Refuse and Littering" to "Property Maintenance" to more accurately reflect the scope of the amended Law.
3. Town Code Section 80-1 (Purpose) shall be amended to strike the existing text and insert the following text in its place:
The purpose of this chapter shall be to protect and promote the health, safety and welfare of the people of the Town of Brutus insofar as they are affected by the occupancy and maintenance of structures, equipment and exterior property, and to prevent the gradual encroachment of blight, deterioration, unsightliness and property devaluation. All residential and nonresidential structures and premises within the Town of Brutus, whether improved or vacant, shall be maintained in conformity with the requirements, prohibitions and storage regulation provisions of this chapter.
4. Town Code Section 80-2 (Definitions) shall be expanded to add the following definitions:
BRUSH: Uncultivated woody shrubs and immature trees.
GRASS: Herbaceous ornamental plants intended to be periodically cut close to the ground for the establishment of a lawn or ground covering. Grass may also be used for ground covering or the establishment of drainage swales, flood routes or water detention or retention basins.
NUISANCE MATERIALS: Materials and objects that are not waste and are not considered garbage, litter, refuse or rubbish under this chapter, but which nevertheless pose a nuisance, blight or danger to public health, safety or welfare by virtue of their accumulation or scattering in publicly visible exterior locations such as lawns and porches for extended periods of time, i.e. more than 30 days. Nuisance materials may include, but are not limited to, such items as furniture, children's or pet's toys, cookware, building materials (in the absence of an active building permit), appliances and clothing/fabric.
WEEDS: Wild, useless, poisonous or noxious and generally undesirable plants growing in random and inappropriate locations.
5. Town Code Section 80-3 (Littering) shall be amended to add "and/or nuisance materials" immediately following each reference to "litter" found within the entire Section.
6. Town Code Section 80-3 (Littering) shall be amended to add Subsection (E) as follows:
E. Brush, Grass and Weed Control.
(1) The owner or occupant of property shall ensure that all brush, grass and/or weeds is cut or trimmed to avoid the development of places for the accumulation of blowing litter, dumping of litter or nuisance materials, rodent harborage or infestation, criminal activity or places which constitute a blighting or unsightly influence on the neighborhood. Any trees, brush or portions thereof which are hazardous to persons or property must be trimmed or removed to eliminate the hazard.
(2) No grass or weeds in excess of 10 inches shall be allowed in residentially-zoned neighborhoods. Farm properties and open or wooded lands are not required to be mowed.
7. Town Code Section 80-5 shall be re-titled to: "Removal of litter and/or nuisance materials from private property by Town".
8. Town Code Section 80-5(B) shall be amended as follows:
B. Notice of Violation.
(1) If conditions existing on the inspected property violate the provisions of this chapter, the Code Enforcement Officer shall serve or cause to be served a written notice of such violation, referred hereinafter as a notice of violation, either personally or by certified mail, upon the owner or owner's agent as well as upon the lessee or occupant of said property.
(2) Said notice shall contain substantially the following: the name of the owner, lessee or occupant of the property; the address or location of the property, the identification of the property as the same appears on the current assessment roll, a statement of the conditions on the property deemed upon inspection to be in violation of this chapter; a demand that the litter, nuisance materials, motor vehicle or abandoned, discarded, wholly or partially dismantled mobile home determined to be in violation of this chapter be removed from the property on or before 10 days after the service or mailing of such notice; a statement that a failure or refusal to comply with the provisions of this Local Law and the notice given pursuant thereto within the time specified may result in a duly authorized officer, agent or employee of the Town entering upon the property and removing such litter, nuisance materials, motor vehicle or abandoned, discarded, wholly or partially dismantled mobile home and causing the same to be disposed of or otherwise destroyed, and that the cost and expense of such removal and disposal or destruction shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law.
(3) Said notice shall also contain the date, time, and location at which the Town Board will conduct a public hearing to determine whether the conditions upon the subject property constitute a public nuisance. Said notice shall state that the property owner, his/her agent, lessee or occupant is entitled to be heard at such hearing and present evidence or testimony. The date of such public hearing must be at least 10 days after service or mailing of the notice of violation. Notice of the public hearing shall be published in a paper of general circulation in the Town at least five days prior to the date of the public hearing.
(4) Nothing contained herein shall require notice as a prerequisite to the issuance of a summons or appearance ticket for a violation of any of the provisions of this Chapter.
9. Town Code Section 80-6 (Penalties for offenses) shall be amended as follows:
(1) Any person violating any of the provisions of this chapter shall be punished, upon conviction in Town Justice Court, by a fine not exceeding five hundred dollars ($500.00) for a first offense. Conviction for a second offense, committed within five years of the first offense, is punishable by a fine not exceeding seven hundred fifty dollars ($750.00). Conviction for a third or subsequent offense, committed within five years of the first offense, is punishable by a fine not exceeding one thousand dollars ($1,000.00). Each day of continued violation of this chapter, after the initial written notice thereof, shall constitute a separate additional violation without additional subsequent notice(s) having
to be provided by the Town.
(2) Instead of or in addition to the aforementioned remedy, the Town may institute an action or proceeding, including the seeking of injunctive relief, to compel compliance with or prevent violation of this chapter.
(3) Instead of or in addition to the aforementioned remedies, the Town may impose a civil penalty not exceeding one hundred dollars ($100.00) upon any person who violates any provision of this chapter or who shall omit, neglect or refuse to do any act required thereby. When a violation of any of the provisions is continuous, each day thereof shall constitute a separate and distinct violation subjecting the offender to an additional civil penalty without additional subsequent notice(s) having to be provided by the Town.
(4) The imposition of penalties for any violation of this chapter shall not excuse the violation nor permit it to continue. The application of the above penalties or prosecution for a violation of any provision of this chapter shall not prevent the enforced removal of conditions prohibited thereby. The expenses of the Town in enforcing such removal, including legal fees, may be chargeable, in addition to the criminal and civil penalties, in accordance with Section 80-5 of this chapter.
(5) Repeat or subsequent offenses occurring within the same calendar year shall be corrected by the Town in the same manner without notice to the owner having control of the property. After initial notification, such owner having control of the property will be presumed to have been given sufficient notice of violation of this chapter for the duration of the calendar year.
VOTE: Councilor Jeffery Hinman Absent
Deputy Supervisor/Councilor Thomas Flynn Aye
Councilor David Miller Aye
Councilor Amy Chirco Aye
Supervisor James Hotaling Aye
RES 99-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Code Enforcement Officer
A discussion was held concerning the County's DSS office's request to have CEO Ganey appear at a home inspection in Kenyon Landing. The Board questioned as to why our officer was used rather than the County's and would the Town be able to charge the costs back to the County for this. CEO Ganey had to take time off from work to perform this inspection. The Board also discussed the best way to handle matters when the CEO is required to go to extraordinary measures to address issues. Could the property owner be billed for his services? As time for the budget approaches, it might be beneficial to look into an outside consultant for these types of instances. Furthermore, could the property owner be billed for these services as the Town does for engineering, legal services for subdivisions or cell tower issues? The Clerk will contact the Association of Towns for information on this topic. Councilor Miller spoke with CEO Ganey about this and suggested he discuss it with other Code Officers.
Miscellaneous
- Rural Futures - Summer 2013
- Aquafacts - Summer 2013
- The Candy That Saved the Marines
There was no other business to come before the Board and Councilor Flynn moved to adjourn the meeting at 9:47 p.m., seconded by Councilor Miller.
RES 100-13 VOTE: 4 ayes, 0 nays, 1 absent. Carried.
Respectfully submitted,
Mary Kae Brentlinger
Town Clerk
