August 12, 2013
Town of Brutus
Town Board Meeting
The Town Board of the Town of Brutus held their regular monthly meeting on August 12, 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, Amy Chirco and David Miller. Also present were: Gerald Cunningham, Highway
Superintendent; Pamela Kelley, Bookkeeper; Rick LaForce; Bil Kinch, Kevin Morehouse, Jeff Dudden, Roger and Linda Willis and Anthony Piascik. Glenn Donnelly arrived at 7:28 p.m. and Thomas
Piascik, Town Engineer arrived at 8:15 p.m.
Supervisor Hotaling called the meeting to order at 6:58 p.m. and began with the Pledge of Allegiance. He then asked for a Moment of Silence in honor of Ann Petrus who had served as Town Supervisor and
Legislator for the Town of Brutus.
Approval of Minutes
Councilor Miller moved to approve the minutes of July 8, 2013, second by Councilor Chirco.
RES 101-13 VOTE: 5 ayes, 0 nays. Carried.
The next regular meeting is scheduled for September 9, 2013 at 7:00 p.m. The Board will conduct their Budget Workshop meeting at 5:00 p.m. on Monday, September 9th.
Guests
Roger Willis addressed the Board about his concerns about what is happening at Mr. Brown's property. Mr. Brown has spoken to him, apologized and questioned whether the noise was overbearing and what would be acceptable. Recently Mr. Brown had a party at his house
and turned away people who wanted to ride that day. One day, the Brown's weren't home, but the bikes were being run. One of the track users has a 585 phone number on the side of his truck and he is concerned that people from outside the area are using the track which
could lead to a long term usage of the track. He has spoken with two realtors and has been advised that this problem would drastically drop the value of their home when they try to sell.
Supervisor Hotaling advised that members of the Board have spoken with the Town's legal counsel about this matter. Attorney Leja recommended that the parties meet to discuss a compromise, but that did not come to fruition. Councilor Chirco questioned whether
the Town would become a party to any liability issues that arose if they are a party to the compromise. The Town's current noise ordinance is not "tight" and would be difficult to defend. The Board could move forward to rewrite the noise ordinance, but that may not resolve this issue either. Prior to the Town moving forward and incurring expenses with any type of legal action we would need to make sure we are on solid ground. Attorney Leja will be forwarding a memorandum to the Town Board which will be shared with the residents once it has been received.
Legal counsel also noted that the residents could bring a civil action to address this issue. However, residents in Savannah began an action on this same issue three years ago and it has not been resolved
Mr. Laforce next addressed the Board to advise that the Motor Equipment Operators are willing to stop the union because they don't want to waste more of the taxpayers' money. The vote to stop the union was unanimous. They would like to accept what was offered in the last contract submitted during negotiations. The Clerk will check with Attorney Peterman about meeting with the highway department prior to receipt of the decertification notification from the Public Employee Relations Board. After a brief discussion, Councilor Miller moved to designate a committee of Supervisor Hotaling and himself to meet with the Motor Equipment Operators to discuss their concerns and requests and report back to the Town Board at the next Town Board meeting, second by Councilor Chirco.
RES 102-13 VOTE: 5 ayes, 0 nays. Carried.
Mr. Kinch, Mr. Morehouse, Mr. and Mrs. Willis left the meeting at 7:25 p.m.
Supervisor's Report
Councilor Miller moved to accept the Supervisor's report for June, second by Councilor Flynn.
RES 103-13 VOTE: 5 ayes, 0 nays. Carried.
The report for July will be provided at the next meeting.
Town Clerk, Water Operator & Code Enforcement
The Town Clerk and Code Enforcement Officer submitted their July Reports for the Boards review. The Town Clerk shared the following: she participated in a webinar on shared services, we have been receiving a large response to the dog enumeration letters that were sent out last month and she spoke with the Association of Town's attorney and we would not be allowed to charge back for Code Officer's time like we do on subdivisions for attorney and engineering expenses. Also, a copy of a proposed sale of water contract was received from the Cayuga County Water and Sewer Authority was provided to the Board Members for review prior to the next meeting. The Water Operator's report for July will be provided at the next meeting.
Bookkeeper/Budget Amendments
To complete the purchase of the new desk from the Office Equipment Reserve, for the bookkeeper, the board will need to approve a resolution to open a reserve expense line item (A1220.200R) and a Budget Amendment is needed to appropriate reserve monies and place them in the new line item as follows:
DR A511 Appropriated Reserves $1,465.42
CR A1220.200R- Supervisor-Equip.-Reserves $1,465.42
The accounting for the Intermunicipal Agreement for tax collection with the school requires creating four (4) new line items and a Budget Amendment to recognize the new revenue and corresponding expenses. The following revenue and expense accounts need to be created: A2210 (Revenue) General Svcs, other Governments; A1330.100-Tax Collection-Personal Svcs-Clerk (Expense); A1330.110-Tax Collection-Personal Svcs-Deputy (Expense) and A1330.410-Tax Collection-Contractual-School (Expense). The budget amendment needed to recognize the new agreement with the school is:
DR A2210 - General Svcs, other Governments $5,550.00
CR A1330.100 -Tax Collection-Personal Svcs-Clerk $3,375.00
CR A1330.110- Tax Collection-Personal Svcs-Deputy $1,125.00
CR A1330.410- Tax Collection-Contractual-School $ 700.00
CR A9030.800 Social Security $ 280.00
CR A9031.800 Medicare $ 70.00
Last year the planned purchase of fire proof file cabinets for the Assessor, Bookkeeper, Town Clerk and Code Enforcement Officer were not used because State bid pricing was not available. We were going to encumber the expense but State bids were too late for that too. Ultimately when an expense is not used it returns to fund balance. Now that we have purchased those file cabinets we are short in two of the line items and fund balance can be used to cover those shortages. The following entries are needed:
DR A599- Unreserved Fund Balance $636.04
CR A1220.200 Supervisor -Equipment $ 18.02
CR A1355.200 Assessor - Equipment $618.02
Councilor Hinman moved to approve the requested Budget Amendments, second by Councilor Flynn.
RES 104-13 VOTE: 5 ayes, 0 nays. Carried.
Highway Superintendent's Report
Superintendent Cunningham submitted his July 2013 report to the Board:
· Constant mowing of the roadside, park and cemetery was performed.
· Clinton Road was ditched and a driveway culvert was replaced.
·Prepared area at the high school for ditching.
·We screened top soil on Town Line Road.
· Shoulder repair work was performed on Chamberlain and Pierce Roads.
· Trees were removed from the creek at Riverforest Bridge.
· The fire hydrant on Trombley Road was moved back further near Page Transportation.
· An area was prepared at the town barn for the storage of sand.
· Trees were removed and trimmed on Pump Road.
There are two areas that have drainage issues which need to be addressed. The ditch on Pump/Clinton Road has been neglected for at least 60 years. The problem is on the west side of Pump Road. The culvert is fine, but the problem is
causing drainage problems that run onto private property and also onto Route 31. He plans to budget money for next year to correct the problem and remove trees from the ditch. The second area is on Cottle Road particularly at the Bibbens' property. The installation of piping and tile on this road was not properly managed and it has created drainage problems. The pipes cannot handle a heavy rain because a 12" pipe flows into a 4" pipe. The Board would like these problems corrected by the County prior to the Town taking over the road. Supervisor Hotaling will contact
Superintendent Wethey.
Pay Abstract #8
Abstract #8 was ordered paid after a motion by Councilor Chirco, second by Councilor Miller, as follows:
General & Part-Town Fund voucher #'s 238-284 for $43,067.32; (A Fund - $40,190.91; B Fund - $2,876.41)
Highway & Part-Town voucher #'s 103-119 for $8,608.86; (DA Fund - $2,085.77; DB Fund - $6,523.09)
Water District #7 Construction (H7) voucher #'s 3-4 for $530.05;
Water District #8 Construction (H8) voucher #'s 16-18 for $231,408.52;
Joint Youth Activity (J) voucher # 2 for $315.00;
Street Lighting (SL) voucher #'s 14-16 for $305.33;
Water and Sewer Districts voucher #'s 23-28 for $33,079.83; (WD1-$34.41;WD2-$30,357.03;WD3-$275.60;WD4-$228.99;WD6-$466.15;WD7-$902.33;WD8-$281.32;SS1-$534.00)
RES 105-13 VOTE: 5 ayes, 0 nays. Carried.
Correspondence
- Weedsport Fire Department - June Incident Report
- Complimentary internet upgrade of internet service notification from TWC
- Key Bank Account Analysis Statement for June and July 2013
- Time Warner Cable notice of expiring channels
- Cayuga County Civil Service Commission notification of their approval of the Deputy Town Highway Superintendent position
- Bankruptcy documentation for Residential Capital
- NYS Public Service Commission regarding repowering coal-fired station or convert to natural gas
- NYS Comptroller's Office information on accounting for Tax Anticipation Notes and Revenue Anticipation Notes
- Cayuga County Civil Service payroll certification of July 2013 payroll
- Time Warner Cable regarding analog/digital conversions
- Liquor license renewal application for Rainbow Lanes
- Additional documents pertaining to the Joint Application of NYSEG, etc. on the electric transmission line
- Dates for Public Statement Hearings on the 315 area code issue
- Enrollment Brochures for NYS Voluntary Defined Contribution Program
- Energy Curtailment Specialists Powerpay Program
- Sales Tax Distribution - 2nd Quarter
- Letter concerning a car parking on the graves at God's Half Acre - This letter was sent to the Village and they forwarded a copy to the Town. The Clerk will check to see if there is a survey on file and attempt to obtain an air photo of the property for Engineer Piascik's review.
- Canal NY - request to become a member
- Notification of 2nd quarter franchise fees from Time Warner Cable
- Child Advocacy Center of Cayuga County - The Clerk will contact this agency to determine what is involved with doing a presentation at the office.
- NYS DOT Highway Work Permit that expires January 1, 2015
- Agenda for Village of Weedsport's August 14th meeting
- Letter from NYS DOH regarding ambulance service - A letter will be forwarded to the Village to follow up on this matter.
- Preliminary draft of "Interesting and Historical Architecture of Weedsport"
PB/ZBA/AG ADVISORY COMMITTEE/BRUTUS REC COMMISSION/COMP PLAN COMMITTEE
- PB agenda for July 24th meeting
- PB minutes from June 26thand July 24th meeting
New Business
TaxGlance
Williamson Law Book now has a program that allows online public to access the tax payment information for County/Town taxes. The Weedsport School District has already implemented this system for their taxes. This will be reviewed during the budget process.
Weedsport Winter Wanderers
Their annual request for permission to use town trails. Councilor Hinman moved to authorize the Supervisor to sign agreement, second by Councilor Chirco.
RES 106-13 VOTE: 5 ayes, 0 nays. Carried.
Water Operator
The water operator will be out of the office for approximately four months. This will occur during the time period when the residents in Water District #8 - Cottle Road will be connecting to the new water line. Barry Walters currently works for the Village of Weedsport part-time and
is a certified water operator. Councilor Miller moved to employee* Barry Walters as an independent contractor to assist with the installation of water services and any other water operator duties deemed necessary at the rate of $20 per hour, second by Councilor Chirco.
RES 107-13 VOTE: 5 ayes, 0 nays. Carried.
*A correction was made to these minutes at the September 9th meeting to replace the word "employee" with the word "employ."
Water District #3
A resident in this district purchased a water meter last fall, but it was never installed. She now intends to sell the home and is requesting that she be allowed to return the meter for a refund. The Board determined that the meter goes with home and a refund should not be issued.
Cleaning Staff
Deputy Clerk Hickey has agreed to handle the cleaning duties at the office.
Community Development Block Grant Loan Program
In the recent months inquires have been made as to the requirements for this program. It was noted that the terms for the members on the review committee have expired. The Board asked the Clerk to forward letters to determine if the prior members are willing to serve another
term on this committee.
Recovery Resource Grant
Michelle Wunderlich, Cayuga County Planning, recommended submitting letters of intent for the generator at the bus garage and at the high school and work to be performed on Cold Springs Brook near the adult home in accordance with mitigation of hazards identified in our Hazard
Mitigation Plan annex. Copies were provided for the Board's review.
Fall Clean-Up
The Fall/Trash Clean-up days were set for October 25thand October 26th.
Old Business
Water District #7
After a brief discussion, Councilor Miller made a motion to move forward with the purchase of additional materials for this district, including the purchase of new hand held reader in accordance with Rural Development's approval process and to take the necessary steps to close the
capital project account for this project. The motion was seconded by Councilor Chirco.
RES 108-13 VOTE: 5 ayes, 0 nays. Carried.
Water District #8
Anthony Piascik provided the Board with an update on construction. There is only a small portion of line left to be installed on East Brutus Street Road and ½ of the lines have been pressure tested. It is anticipated that testing should be completed by the end of August and that
connections will begin shortly thereafter. Engineer Piascik has reviewed Pay Application #4 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 #4 to LaFleur Constructors in the amount of $230,346.02, second by Councilor Hinman.
RES 109-13 VOTE: 5 ayes, 0 nays. Carried.
The Board discussed an appropriate date to advise residents that they must connect to the new system thereby allowing the Village to shut off the water to the current system. They recommended that December 1st would be reasonable and asked the Clerk to relay this to the Village Board who will ultimately make the determination of the shut-off date.
Water District #2 - Leak Detection Survey
Requests for Proposals have been forwarded and bids responses will be opened on August 29th. New York Rural Water performed a Vulnerability Assessment on the system. The following minor deficiencies were noted: brush around the tower and pump house fence need to trimmed, a strip needs to be mowed around the storage tower and copies of the Certification of Vulnerability Assessment needs to be forwarded to them for their records.
Pole Barn
Senator DeFrancisco forwarded a letter advising that $50,000 in funding was granted to the Town for the construction of a cold storage barn. Upon receipt of the funding requirements, the Town will prepare the bid package documents.
Ball Road
The Board does not have a problem with the proposal from First Comm. Innerconnect for placement of poles in Town's Right-of-Way, however, the Clerk will check with Attorney Yates to clarify the use of right-of-way versus easement language.
Private Road Issue
Councilor Miller has not yet heard from Attorney Yates. The discussion on the materials presented at last month's meeting was tabled to the September meeting.
Brutus Recreation Commission
The Clerk shared the preliminary numbers from each municipality that attended this year's program. Councilor Hinman moved to re-appoint Tonya Martinez, Chris Spoor and Kimberly Springer and to appoint Brandi Feocco and Alison Rudick to serve on the Brutus Recreation Commission.
The motion was seconded by Councilor Chirco.
RES 110-13 VOTE: 5 ayes, 0 nays. Carried.
School Tax Collection
The Intermunicipal Agreement allowing the Town to act as the School Tax Collector has been reviewed by Attorney Yates and approved by the Board of Education. Councilor Miller moved to authorize Supervisor Hotaling to sign the agreement, second by Councilor Flynn.
RES 111-13 VOTE: 5 ayes, 0 nays. Carried.
Water District #9
Engineer Piascik provided an update on environmental work for this project. Stream crossing and wetland permits will be needed. He will work on obtaining quotes for surveying this project.
Comprehensive Plan
A draft of the goals, objectives, strategies and actions for this plan were provided to the Board for their review and comments. The Public Hearing on the draft plan will be held in December.
West Shore Trail Grant
A copy of an updated request for funding was provided to the Board for their review.
Aqueduct Park - Veteran's Memorial
Currently there are 25-30 potential additions to the plaque and 17 corrections that have been requested. When the plaque was created a committee was formed to review the applicants to determine if they met the necessary criteria to be included on the plaque. Robert Jorolemon was one of the original committee members and has advised that he would be willing to serve again. The Board would like to establish a committee to undertake this project and suggested that the Clerk ask Mr. Jorolemon for recommendations as to who else may serve on the committee.
Councilor Flynn noted that approximately 30 cyclists from the American Cycling Club were at the Park last week.
Supervisor Hotaling spoke with Eric Bacon about the Aqueduct project in the Town of Camillus. The cost of the project was $2.2 million which was totally funded by grants (8 different grants). There are approximately 250,000 people a year who visit the park. since the renovations have been performed. Mr. Bacon is a former resident of the Weedsport and offered to come to a Board meeting for a presentation.
Weedsport Rural Cemetery
Councilor Flynn advised that there are a new group of people on this Board and they are working on improving their financial status. Personnel have been cut and they are using inmate labor to help with the maintenance. The highway department will be helping with a small black top project.
*Hidden Greens Subdivision
Glenn Donnelly approached the Board to discuss the remaining work to be performed under the letter agreement of December 20, 2012. The Board will release the security account once Engineer Piascik agrees that everything has been completed. Mr. Donnelly left the meeting at 8:16 p.m.
*This correction/addition was made to these minutes at the September 9th meeting.
Miscellaneous
- Rural Matters - Issue 2 - 2013
- Quarterly News from EJP - Pep Talk - Summer 2013
- 2013 Erie Canalway Heritage - Award of Excellence information and map/guide
- Canalway Trail Times - Spring/Summer 2013
- Materials from Brush Bow Consulting
- NYMIR - Handbook Update - Background checks for Municipal Youth Programs
- The Alliance Advisor - June 2013
There was no other business to come before the Board and Councilor Hinman moved to adjourn the meeting at 9:00 p.m., seconded by Councilor Flynn.
RES 112-13 VOTE: 5 ayes, 0 nays. Carried.
Respectfully submitted,
Mary Kae Brentlinger
Town Clerk
