September 9, 2013
Town of Brutus
Town Board Meeting
The Town Board of the Town of Brutus held their budget workshop meeting and regular monthly meeting on September 9, 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: Pamela Kelley, Bookkeeper; Thomas Piascik, Town Engineer (arrived at 5:35 p.m.); Rick LaForce (arrived at 7:05 p.m.) and Gerald Cunningham, Highway Superintendent (arrived at 6:50 p.m.).
Supervisor Hotaling called the budget workshop meeting to order at 5:03 p.m.
2014 Budget Review
The Board reviewed the various requests for contract renewals, salary requests, department estimate sheets and discussed the fire protection contract.
The Board reviewed the proposed budget and made changes. It was determined that additional work would need to be done on the budget and a workshop/meeting was scheduled for October 1, 2013 at 5:00 p.m. and October 3, 2013 at 5:00 p.m. Both meetings will be held at the Town Office Building.
Engineer Piascik left the meeting at 6:05 p.m.
The Board took a brief recess from 7:30 p.m. to 7:40 p.m. before beginning the regular meeting. Supervisor Hotaling began with the Pledge of Allegiance at 7:40 p.m.
Approval of Minutes
Councilor Flynn moved to approve the minutes of August 12, 2013 with the following corrections: on page 5 under Water Operator - the word employee needs to be changed to employ and the following needs to be included under Old Business - 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. The motion to approve the minutes was seconded by Councilor Miller.
RES 113-13 VOTE: 5 ayes, 0 nays. Carried.
The next regular meeting is scheduled for October 14, 2013 at 7:00 p.m.
Supervisor's Report
Councilor Miller moved to accept the Supervisor's report for July, second by Councilor Chirco.
RES 114-13 VOTE: 5 ayes, 0 nays. Carried.
The report for August will be provided at the next meeting.
Town Clerk, Water Operator & Code Enforcement
The Town Clerk and Code Enforcement Officer submitted their August Reports for the Boards review. The Town Clerk shared the following: school tax collection has been running smoothly, notification was received from the Cayuga County Department of Health that work would be performed on the Auburn water main in September and we would be notified if there are any problems; NYSEG asked to retain a key for the outside gate to allow them access when we are not here - the Board said this was acceptable; a member of the Public Service Commission stopped by the office to make sure that the Town has been receiving the documentation on the power line upgrades to the current system which will increase the width of the lines and that the window in the front door was replaced because it cracked. The Water Operator's reports for July and August were also provided to the Board.
Bookkeeper/Budget Amendments
The Bookkeeper advised the Board that the revaluation budget is currently in the negative but, this is because the encumberance from last year has not yet been liquidated.
Highway Superintendent's Report
Superintendent Cunningham submitted his August 2013 report to the Board:
•· A cross culvert on Pump Road was replaced.
•· Ditching was completed at the high school.
•· Two trucks were used for oiling and chipping in Throop, Mentz, Conquest and Elbridge.
•· Day Road and a section of Pump Road were paved.
•· Built and replaced six picnic tables at Aqueduct Park.
•· At the Town Office, we placed new file cabinets, moved current file cabinets and took away the old file cabinets.
Councilor Flynn questioned the Superintendent regarding the recent accident that occurred while the department was working in Conquest. He heard that the employee that was in our stopped truck and hit by another truck was texting when the accident occurred. He is concerned that employees are using their cell phones during work hours when they should not be, particularly if they are driving. Superintendent Cunningham concurred that phones are a distraction while the employees are working and especially if they are driving or in a vehicle. Employees should not be using their phones while in their trucks while working. The Board would like to see a cell phone usage policy developed.
Assessor
Assessor Kelley continues to work with Mr. Baldwin on the revaluation process. They have received over 1100 data mailers back.
Pay Abstract #9
Abstract #9 was ordered paid after a motion by Councilor Miller, second by Councilor Chirco, as follows:
General & Part-Town Fund voucher #'s 285-308 for $29,260.13;
(A Fund - $28,952.73; B Fund - $307.40)
Highway & Part-Town voucher #'s 122-136 for $48,148.48;
(DA Fund - $1,158.39; DB Fund - $46,990.09)
Water District #8 Construction (H8) voucher #'s 19-21 for $2,280.86;
Joint Youth Activity (J) voucher #'s 3-5 for $3,084.60;
Water and Sewer Districts voucher #'s 29-31 for $14,658.46;
(WD2-$13,807.57;WD3-$225.90; WD7-$624.99)
RES 115-13 VOTE: 5 ayes, 0 nays. Carried.
Correspondence
- Weedsport Fire Department - July Incident Report
- Village of Weedsport minutes from August 14th meeting and agenda for September 18th meeting
- Time Warner Cable notifications of expiring stations and new channel line-up will be implemented in October
- Department of Treasury receipt of tax-exempt bond form
- Bankruptcy Notice of Approval of Disclosure for Residential Capital
- Request for funding from Mercy Flight Central
- Presentation on doing business with Environmental Facilities Corporation on October 3rd
- STAR registration fact sheet
- NYS Department of Taxation summary report of status of 2014 Reassessment Project
- Key Bank notification of changes to credit card
- Public Service Commission - Lifeline Discount Telephone
- 2013 Assessment Roll Equalization Rate
- Insurance endorsement of Beck Equipment
- Cornell Local Roads Program information
- Property Tax Cap will be changing for 2014
- Notification from Senator DeFrancisco that Hire-a-Vet Plan was passed
PB/ZBA/AG ADVISORY COMMITTEE/BRUTUS REC COMMISSION/COMP PLAN COMMITTEE
- PB agenda for August 28th meeting
- Comprehensive Plan Agenda and Minutes for August 7th
New Business
Notice of Violation for Highway Department
A violation notice was received concerning Petroleum Bulk Storage. New regulations for storage tanks were recently implemented so we are in violation. Work has been performed and most of the violations have been corrected.
Brutus Town Court
Justice Maltese forwarded a written request to increase the amount budgeted for the part-time clerk who has been working on the error report and old cases. The amount that was budgeted has been expended and he is asking the Board for an additional $750.00. Between August 2009 and June 2010, the court received additional revenue of $25,720 dollars from the prior part-time clerk. The Town keeps between 30-40% of
this revenue and the rest is retained by the State. Councilor Miller moved to increase the amount budgeted for the part-time clerk by $750, second by Councilor Flynn.
RES 116-13 VOTE: 5 ayes, 0 nays. Carried.
Appraisal Report from NYMIR
As part of our membership in NYMIR, an appraisal was performed on all of the properties owned by the Town. CBIZ performed the appraisal and has valued the Town's property at $226,890 less than the amount estimated by the Town.
Workers' Compensation Underwriting Survey
NYS Municipal Workers' Compensation Alliance performed a loss control survey for the Town. A brief discussion was held on the findings and they have asked for a written response which is required within sixty (60) days indicating the Town's thoughts or plans of action with regards to their recommendations. They have recommended an accident review process. The Clerk will contact them to obtain a sample document for this process.
Tractor Purchase
The current tractor (1994) used for roadside mowing needs to be replaced. Generally they put 200-225 hours per year on this equipment. The pricing for a new tractor is $120,000. Superintendent Cunningham will begin looking for a quality used tractor. This new tractor will need to have a cab due to safety concerns. Recently an employee was hit by particles flying up from the mower. Supervisor Hotaling noted that the loader would be paid for in 2014 and a new truck needs to be purchased. He suggested using money from reserves to purchase the tractor (subject to a permissive referendum) and then plan for a new truck lease payment in the budget for 2015. The Board asked the Superintendent to put together bid specifications for a new/used tractor with a roadside mower.
Local Law #4 - 2013 - Override Tax Cap Limit
Councilor Miller moved to set the Public Hearing for Local Law # 4 of 2013 - Override the Tax Cap Limit for the 2014 Budget as established in General Municipal Law §3-c on October 14, 2013 at 7:00 p.m.:
Section I. Legislative Intent
It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Brutus pursuant to General Municipal Law §3-c, and to allow the Town of Brutus to adopt a budget for the fiscal year 2014 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law §3-c.
The Town considers this a precautionary measure should it become necessary to establish a total tax in excess of the established cap.
Section 2. Authority
The local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of sixty percent (60%) of the town board.
Section 3. Tax Levy Limit Override
The Town Board of the Town of Brutus, County of Cayuga is hereby authorized to adopt a budget for the fiscal year 2014 that requires a real property tax levy in excess of the amount otherwise proscribed in General Municipal Law §3-c.
Section 4. Severability
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof , but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
Section 5. Effective date
This local law shall take effect immediately upon filing with the Secretary of State.
The motion was seconded by Councilor Flynn.
RES 117-13 VOTE: 5 ayes, 0 nays. Carried.
Fire Department Golf Tournament
Councilor Hinman recommended that the Town Board sponsor a hole for the tournament from our B Fund. Councilor Flynn moved to approve the payment of $25 to the Weedsport Fire Department for the purpose of sponsoring a hole in their annual golf tournament and that it be included in Abstract #9, second by Councilor Miller.
RES 118-13 VOTE: 5 ayes, 0 nays. Carried.
Old Business
Water District #7
A draft RFP for additional materials as recommended by Engineer Piascik was provided to the Board for their review. Councilor Hinman moved to authorize the Clerk to forward and advertise the RFP for the additional materials as recommended by Engineer Piascik, second by Councilor Chirco.
RES 119-13 VOTE: 5 ayes, 0 nays. Carried.
Water District #8
Engineer Piascik provided an update on the construction of this district. All of the short services have been installed and they will now be working on the long services. Supervisor Hotaling asked that the areas where materials were stored be cleaned. There is 172 feet of extra 8" pipe. They are currently working on chlorinating the system and hope to have this accomplished by the end of the week with approval from the Health Department to follow shortly thereafter. No change orders have been issued to date. Approximately 100 feet of line was placed on Brutus Road. The Board will allow the use of meter pits for homes that are less than 100 feet from the curb stop at the discretion and approval of water operator personnel or the town engineer.
Engineer Piascik has reviewed Pay Application #5 from LaFleur Constructors and is submitting it to the Board for their approval. Councilor Flynn moved to approve the
recommendation of Engineer Piascik for the payment of Pay Application #5 to LaFleur Constructors in the amount of $101,712.09, second by Councilor Hinman.
RES 120-13 VOTE: 5 ayes, 0 nays. Carried.
During construction an additional 6 days (8 hours each) was spent on observation of the project. Councilor Miller moved to approve the additional expense of $2,160 (48 hours X $45/hr) as an amendment to the Engineering Agreement with Piascik Engineering for Water District #8, second by Councilor Hinman.
RES 121-13 VOTE: 5 ayes, 0 nays. Carried.
After a brief discussion, Councilor Flynn moved to establish a maintenance/repair reserve account for Water District #8, second by Councilor Miller.
RES 122-13 VOTE: 5 ayes, 0 nays. Carried.
The Board members were provided with a draft copy of the letter that will be sent to the residents in Water District #8 once Health Department approval has been received. Supervisor Hotaling and Superintendent Cunningham met with Barry Walters to discuss the inspection of connections to Water District #8. Mr. Walters will be paid $30 per connection.
Water District #2
Three bids were received in response to the Request for Proposal for Leak Detection on this district: New York Leak Detection Infrastructure - $1,500 per day up to 5 days; Upstate Leak Detection - $2,200 for two days and $1,000 per day if curb boxes need to located and Prowler Water Conservation Systems - $220 per mile for a total of $1,430. Councilor Hinman moved to accept the bid of Prowler Water Conservation Systems in the amount of $1,430, second by Councilor Flynn.
RES 123-13 VOTE: 5 ayes, 0 nays. Carried.
Private Road Issue
Councilor Miller discussed the steps that have been taken during the review process of the amendments to the subdivision regulations over the last six (6) months and requested that a Public Hearing be scheduled on this matter. Councilor Miller made the following motion:
Whereas as the Town Board of the Town of Brutus has discussed at several meetings issues associated with the development of roads in proposed subdivision developments and considered a written report on this subject submitted on February 11, 2013 and redrafted following board discussion and resubmitted on April 8, 2013; and
Whereas, having considered the issues raised by the above referenced reports and discussions the Town Board has determined that several amendments to the current subdivision law are appropriate; now therefore be it
Resolved that the Town Board hereby proposes to amend the Subdivision Law as set forth below and instructs the Town Clerk to schedule a public hearing for October 14, 2013 at 7:00 p.m. and place the public notices required for the enactment of the proposed amendments; and be it further
Resolved that the Town Board has caused to be prepared an EAF as required by the NYS Environmental Quality Review Act and, upon reviewing this form concluded that the Town Board of the Town of Brutus declares itself to be lead agency for purposes of conducting the SEQRA review of this matter and that this matter is an unlisted, Single Agency Action; and upon completion of the public hearing process, intends to issue a negative declaration concerning the potential environmental issues associated with this action unless matters not apparent to the Town Board become evident during that process.
Local Law #3 - Amending Subdivision Regulations to address issues associated with the installation of roads.
Authority -This Local law is adopted by the Town Board of the Town of Brutus in accordance with the authority granted to towns by the NYS Home Rule Law and is intended to amend Local Law 2 of 1985 as amended by Local Law 2 of 1992: SUBDIVISION OF LAND.
Purpose - The purposes of these amendments are: clarify the term frontage so that it clearly applies to the overall development project being required to access the existing road network (amendment 1); clarify that the Town will permit either public or private roads to serve a subdivision (amendment 2); clarify the intention of the Town to have all required improvements installed prior to filing of the plat (amendment 3); require a clear statement be placed on the plat indicating that a proposed road will be private. (amendment 4); and establish a method for an applicant to install a road built to standard other than that generally required, but, is suitable for emergency responders to access proposed lots (amendment 5).
Amendment 1 - ARTICLE II, § 108‑7 Definitions and Word Usage
CURRENT WORDING - FRONTAGE‑ The length of the front property line or the lot, lots or tract of land abutting a public street, road, highway or rural right‑of‑way.
CHANGE TO READ - FRONTAGE - The length of the front property line of the lot, lots or tract of land being subdivided abutting an existing public street, road, highway or rural right‑of‑way.
Amendment 2 -ARTICLE II, § 108‑7 Definitions and Word Usage
CURRENT WORDING - STREET‑ A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, drive, place or other similar designation and as defined by the Town of Brutus Highway Department and its Highway and Drainage Standards adopted October 1995 and as amended.
AMEND TO READ - STREET‑ A public or private way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, drive, place or other similar designation and as defined by the Town of Brutus Highway Department and its Highway and Drainage Standards adopted October 1995 and as amended.
Amendment 3 - ARTICLE VI, Required Improvements, § 108‑24 Design and installation.
CURRENT WORDING - The plat requirements hereafter listed shall be designed, furnished and installed by the subdivider in accordance with the provisions of these regulations and other regulations of the state and county. They shall be installed before the final plat is approved, or in lieu thereof, financial guaranty (performance bond) sufficient in amount to cover the estimated full costs of such installation shall be approved by the Planning Board prior to the approval of the final plat.
AMEND TO READ - The plat requirements hereafter listed shall be designed, furnished and installed by the subdivider in accordance with the provisions of these regulations and other regulations of the state and county. They shall be installed before the final plat is approved by the Planning Board. When required improvements are proposed for dedication to the Town a financial guaranty (performance bond) in an amount to be determined by the Town Board shall be deposited with the Town to cover the costs of repairs to such installations should they be damaged during the time between completion and acceptance by the Town Board. These funds must be deposited prior to Planning Board approval of the final plat.
Amendment 4 - Add a new § 108-19 I to ARTICLE V
ADD LANGUAGE TO READ - I. Streets may be publically or privately owned. When a developer proposes to establish a private street, road, highway, thoroughfare, parkway, avenue, boulevard, lane, drive, place or other vehicle access to a lot or lots the developer will note on the subdivision plat that: "The street shown is a private street not maintained by the Town of Brutus, County of Cayuga or State of New York. It may not have been constructed in a manner that would meet the requirements of those governments to accept as a public street".
Amendment 5 - Add a new § 108-19 J ARTICLE V
ADD LANGUAGE TO READ - J. A private street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, drive, place or other similar vehicle access proposed to serve a lot or lots created under these regulations shall be suitably improved as required by Section 280-a of the Town Law of the State of New York. The determination of suitability will be made by the Planning Board in accordance with the standards and procedures set forth in Section 280-a.
1. The Planning Board will deem a private street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, drive, place or other similar vehicle access to be suitable when it is proposed to be improved in accordance with the town of Brutus Highway and Drainage Standards adopted October 1995 and as amended
2. When a private street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, drive, place or other similar vehicle access is proposed to be improved to a lesser standard, the Planning Board may issue an area variance for such a road:
(a) Upon demonstration that a licensed professional engineer has prepared the proposed alternative design and attested to its suitability to permit safe access for emergency responders to the proposed lot or lots; and
(b) When the Town Engineer, Town Highway Superintendent, and impacted emergency responders have reviewed the proposed road and found that it would be suitably improved to permit safe access for emergency responders to the proposed lot or lots.
(1) The Planning Board will cause the proposal to be submitted to the Town Engineer, Town Highway Superintendent, and impacted emergency responders for their review. These agencies will have thirty days to respond to the Planning Board. If no response is submitted the Planning Board may act on the proposal without the comments of the non-responding agency.
(c) In accordance with the standards of Section 280 - a, a frontage of 15 feet onto the existing road system from which the plot or plots will be accessed shall presumptively be sufficient for that purpose.
The motion was seconded by Councilor Chirco.
RES 124-13 VOTE: 5 ayes, 0 nays. Carried.
Brutus Recreation Commission
There have been some changes since the appointments that were made last month. Brandi Feocco does not want to serve on the Commission and Chris Spoor resigned from her position on the Commission. Aimee Newton is willing to serve another term. The Commission will continue their efforts to obtain new members to serve. Councilor Miller moved to accept the resignations of Brandi Feocco and Chris Spoor and to re-appoint Aimee Newton to the Brutus Recreation Commission. The motion was seconded by Councilor Hinman.
RES 125-13 VOTE: 5 ayes, 0 nays. Carried.
Comprehensive Plan
The Board was reminded that the preliminary draft of the various sections of the plan will be discussed over the next few meetings.
Aqueduct Park - Veteran's Memorial
Mr. Jorolemon will talk with the members of the American Legion at their next meeting to determine who might be willing to serve on the committee to update the memorial.
Hidden Greens Subdivision
Supervisor Hotaling discussed the estimated costs to complete the work that needs to be completed on the road and catch basin with Engineer Piascik and Superintendent Cunningham. It was determined that the amount of $40,000 would be sufficient to remain in an escrow account for the completion of the work. Attorney Leja's office has drafted a letter for submission to Morgan Stanley to accomplish this task. Mr. Donnelly will be asked to come in and sign the letter.
God's Acre
The Assessor will check to determine if there are any maps that indicate the boundary lines of this cemetery.
Miscellaneous
- Rural Water - Third Quarter 2013
- National Rural Water Association Directory
There was no other business to come before the Board and Councilor Hinman moved to adjourn the meeting at 8:54 p.m., seconded by Councilor Flynn.
RES 126-13 VOTE: 5 ayes, 0 nays. Carried.
Respectfully submitted,
Mary Kae Brentlinger
Town Clerk
