April 12, 2021: Regular Meeting

                                                                                                    April 12, 2021

Town of Brutus

Town Board Meeting Minutes

The Town Board of the Town of Brutus held a virtual regular meeting on April 12, 2021 at 6:00 PM via GoTo Meetings application. The instructions for joining the meeting were posted on the town website and the office doors of town hall.

Present:

James Hotaling, Town Supervisor                    Thomas Flynn, Deputy Supervisor

Amy Chirco, Councilor                                     Derric Slocum, Councilor        

Pamela Kelley, Bookkeeper/Assessor             Steve Siracusa, Highway Superintendent

Angela Skellington, Town Clerk                       Thomas Piascik, Town Engineer                     

Absent: John Abraham, Councilor

Guests: William & Bonnie Tyrell (Residents), Joe & Katrina Kime (Residents), Chad Platten (Weedsport Deputy Mayor), Tim Ganey (Code Enforcement Officer), Derek Ostrowski (Planning Board Chair) David Lipiska (Planning Board Member), Tom Taylor (Planning Board Member)          

Opening: Supervisor Hotaling called the meeting to order at 6:00 PM

Adopt Minutes:

Motion to adopt the minutes for the meetings of March 8, 2021 and March 11, 2021 by Councilor Chirco, second by Deputy Supervisor Flynn.

RES 31-2021 VOTE: 4 ayes, 1 absent, 0 nays. Carried.

Guests to be Heard:

Mr. and Mrs. Kime stated that they attended the May 2020 town board meeting with concerns about neighboring dogs and condition of the home across from their home. The situation continues to get worse. For three years, the Kimes have been dealing with this. Mrs. Kime explained that there is no one living in the home. She gave further detail to the board that the teenager that was living there would be gone sporadically during the month and is now not living there at all. Dogs continue to get pregnant. There were 21 dogs. They break out of the yard and go over to the Kime’s property. About three weeks ago, one dog was found dead along with one dead chicken. Within eight days, two dogs and six chickens died. Three dogs have been removed to the SPCA by Tom Adessa. The mother of the teenager has taken eight dogs to Ryan Road. Eight dogs are still at the home. There is no electricity, no heat, no running water. The Kimes stated that the NYS Police communicated to them that this is the worst house that they have ever seen. The Kimes requested that the house be condemned.

Mr. Kime requested limiting the number of dogs that residents can have so hopefully no one else will have to deal with a situation like this and condemning the home.

Councilor Chirco communicated that she is very sorry about what the Kimes are going through and she stated that she and Deputy Supervisor Flynn have been working on reviewing the number of dogs. If the town limits the amount to four and people have more than that now, consideration would need to happen for the extra dogs that people currently have.

Mr. Kime stated dog control did not do anything and the town failed. Deputy Supervisor Flynn and Councilor Chirco said that the town needs to go directly to Tom Adessa of the SPCA. Deputy Supervisor Flynn said that some delay is due to the courts being closed for a period of time during the pandemic.

Supervisor Hotaling and Deputy Supervisor Flynn will follow up with Code Enforcement Officer Ganey about condemning the home. Councilor Slocum asked where the dogs will go if the home is condemned. Deputy Supervisor Flynn will contact the Cayuga County Health Department tomorrow due to no electricity, no water, etc.

Code Enforcement Officer Ganey communicated that he has issued four appearance tickets to the owner of the property. He was told that if he entered the property, he would be trespassing. It was asked if one of the judges would be able to issue a court order to remove the dogs. Perhaps the town attorney could initiate paperwork for the court order to remove the dogs. Supervisor Hotaling will contact the attorney, the SPCA and judge. Additionally, it was mentioned that if evictions are not being allowed due to pandemic, perhaps condemnations of homes would not be allowed.

The Kimes signed off at approximately 6:30 PM.

Mr. and Mrs. Tyrell spoke to the board about the issue that they have with a garage permit. Their home is placed on a property that is shaped like a piece of pie on the corner of Clinton and Pump Roads. They were told that there was a setback of 75 feet. If they put their garage in the back of their home, it would ruin their view and if they put it in the front of their home, they would have to bring in 15 loads of dirt as it is sits lower.

They began building after they received their building permit and then were told that it had to stop. They stated that they have thousands of dollars invested. They changed the dimensions of the building from 30 X 36 to 24 X 36 before beginning to build. They stated that they were not treated well at the last Zoning Board of Appeals (ZBA) meeting (held on April 5, 2021).

Mr. Tyrell stated that the process began in the fall. The first ZBA meeting they attended was in October 2020. The ZBA members stated that the town code was not clear to what the 75-foot setback is measured from (center of road, side of road). Mr. Tyrell said the next meeting was supposed to be in November but it was cancelled and they did not receive any further communication from the ZBA. They said they contacted Code Enforcement Officer Ganey and they were ultimately issued a permit.

Code Enforcement Officer Ganey communicated that originally the Tyrells submitted their permit application and he issued a denial because the building was going to be closer than the required 75-foot setback. The ZBA met and three weeks after the meeting, Mr. Tyrell contacted him to ask what to do. Mr. Ganey asked Clerk Skellington for the packet to review as ZBA Clerk Hickey was out of the office. He stated that the packet was on his desk the following Saturday for him to review. He went through the packet and found an email that had bullet points and one said “no variance required” so he issued the building permit to the Tyrells.

Code Enforcement Officer Ganey stated that ZBA Member Jeff Hinman had gone out and measured the property (clerk note: this was done before any building took place shortly after the ZBA met in October).

Code Enforcement Officer Ganey and Planning Board Member Tom Taylor measured the location of the garage that was partially built in January 2021. It is 60 feet and would require a 15-foot variance. Code Enforcement Officer Ganey stated that setbacks have always been measured from the road. Supervisor Hotaling said that when he built his home in the early 1970’s that the Code Enforcement Officer at the time, Harry Greer, said that it was 75 feet from the road. Per Code Enforcement Officer Ganey, the general rule is that if you step in path of the road setback, that the houses would be in a consistent line off the road.

Planning Board Chair Ostrowski communicated that the town board asked the planning board to clarify what the 75-foot setback is measured from because the ZBA stated it was not clear in the code book. Chair Ostrowski stated that the planning board always uses a survey with the lot lines to determine if the requirements are met. The code says lot lines and there is no mention of center of road, etc. He recommended that the ZBA receive more training. He recommended that the permit be re-issued as there was a miscommunication between the ZBA and Code Enforcement.

Code Enforcement Officer Ganey said that the only entity that can approve a variance is the ZBA. He recommends the matter go before the ZBA with a public hearing.

Motion by Councilor Chirco to have the Tyrell matter go to public hearing before the ZBA, second by Deputy Supervisor Flynn.

RES 32-2021 VOTE: 4 ayes, 1 absent, 0 nays. Carried.

The town board requests that the ZBA meeting be in person within a week and to let code enforcement, the town board and the Tyrells know the date.

Clerk Skellington stated that a public hearing will need to be advertised and letters will need to be sent to neighboring property owners.

The Tyrells signed off at 7:10 PM.

Clerk Skellington asked Planning Board Chair Ostrowski if a member of the town board should be at the April 28^th planning board meeting regarding the State Route 31 property owned by Steven Walczyk. Chair Ostrowski said that no one was at the March 24^th planning board meeting and there may be some labeling changes that would be requested. Supervisor Hotaling said that he would remind Steve Walczyk and he would also be in attendance. 

Chair Ostrowski signed off.

Department Head Reports:

Supervisor Report, Town Clerk Report, Highway Superintendent Report, Bookkeeper Budget Amendments, Code Enforcement Report (via email), Water Operator Reports

Motion by Deputy Supervisor Flynn, second by Councilor Slocum to accept the February and March supervisor reports.

RES 33-2021 VOTE: 4 ayes, 1 absent, 0 nays. Carried.

Town Clerk Report:

·         Attended 13 hours of training for NYS DOT/federal funded Trolley Connection Trail grant

·         Registered residents for COVID vaccinations

·         Tax Collection – collected $2.19 million of the $2.85 million tax warrant.

·         Coordinating with Highway Superintendent Siracusa for the upcoming CBIZ appraisal of town owned buildings (including town hall, highway garage, water pump house, water tower)

·         Pulling information for audit along with Bookkeeper Kelley and Court Clerk Green. More information than normal being requested by auditors.

Clerk will speak with Supervisor Hotaling this coming Thursday about Conservation Corps staffing needs. Clerk asked if the board approved the payment of $ 17 per hour for Lynne Loperfido to plant and maintain the flowers at town hall. This is the same amount as the last two years. The board agreed and communicated what a great job she does.

Budget Amendments

Bookkeeper Kelley communicated that there were no budget amendments. Some vouchers will need Highway Superintendent Siracusa and Councilor Slocum signatures.

Board Area of Responsibility Reports

Highway Superintendent Report

The Highway Superintendent report was forwarded to board members before the meeting.

·         Took sander out of #5 washed and desalted

·         Took plow off #5 and washed

·         Took plow off #1 and washed

·         Greased #4 and empty the salt out of it and washed out the box

·         Kollin washed walls down in shop 

·         Washed all equipment down

·         Swept Towpath Rd intersections and fuel island at bus garage

·         Kevin and Kollin filled pot holes

·         Repaired water service at 3075 East Brutus 

·         Repaired water shut off cap on Jericho

·         Trees with Cranbrook for Hamilton and Hoyt roads

·         Hauled brush 

·         Picked up barriers at park and snow fence

·         Undressed truck #3

·         Replaced batteries in clock at office

·         Started sweeping road intersections Clinton to Pump Road

·         Repaired oil pump on waste oil furnace

·         Swept town office parking lot and sidewalk and raked yard

·         Redid ramp to cold storage building

·         Swept cold storage building out and put lumber in front of door

·         Fixed highway garage generator cleaned carb replaced fuel line and filter and replaced battery

·         Did final read at 2919 E Brutus Street

·         Fred did quarterly reads and reports 

·         Kollin mowed park, God’s Acre cemetery, Highway garage

·         Picked up fallen tree on Pump Road

·         Removed old boards off bridge at park

·         Sealed the bottom boards on bridge at park before putting new deck 

·         Swapped out lights at Shadybrook to LED

·         Picked up oil at Scotts 

·         Helped Montezuma 

·         Brought two loads of tires to Nucor

·         Ordered dumpsters for trash clean-up (6 dumpsters and a 2-load limit per resident)

Discussion regarding the trash clean-up days. We do not want to run out of space before the time is over. Some people bring multiple loads and it is not fair to the other residents. The dumpster rental vendor charges the town $ 20 per mattress so this cost will be passed along to the residents if they bring a mattress to dispose of. Clerk Skellington said that she would have the mattress cost of $ 20 added into the newsletter along with a sentence about being considerate of others and not abusing the privilege of bringing excessive amounts. The board agreed that it will be to the discretion of the Highway Superintendent to turn people away if they bring too much.

Motion by Councilor Chirco to pay Abstract # 4, second by Councilor Slocum.

RES 34-2021 VOTE: 4 ayes, 1 absent, 0 nays. Carried.

Correspondence

·         NY Rural Water 2021 Membership Directory

·         Association of Towns 2021 Priorities, Membership Certificate, various emails

·         Rural Futures

·         Aquafacts

·         Rural Water

·         Eligo Energy solicitation

·         EJP Water Meter Reading solicitation

·         Pipeline & Gas Journal

·         Underground Construction

·         Auburn Computer Summary

·         Village of Weedsport Minutes

·         Planning Board Minutes

·         ZBA Minutes

·         NYMIR webinars

·         Erie Canalway News – email

·         CC Water Quality Management Agency newsletter via email

Old Business

2309 Mills Road – Dogs and Code Violations

Covered earlier in meeting. Councilor Chirco read from the Brutus code Chapter 50 which outlines that dogs cannot run at large, bark excessively, be a nuisance, etc. The board requested the clerk to send the code to the dog control officer.

Employee Handbook – Adoption

Supervisor Hotaling stated that the committee worked on getting this updated with the consultant. The board members were given the draft for review. Councilor Chirco asked if various board members are considered part time employees. Clerk Skellington stated that the handbook defines part time employees as ““the term “part-time employee” will mean an employee who is scheduled on a regular and on-going bases to work less than thirty hours per week.”” Bookkeeper Kelley stated that the board members (for ZBA, Planning Board, etc.) are paid for meetings attended and paid once a year.

Motion by Deputy Supervisor Flynn, second by Councilor Slocum to adopt the new Employee Handbook.

RES 35-2021 VOTE: 4 ayes, 1 absent, 0 nays. Carried.

NYS DEC approval of Sewer at Weedsport NYS Thruway Authority

The town received a letter that the DEC has approved the revisions to the plans, specifications, and estimate submitted by Beardsley Architects and Engineers for the NYS Thruway Authority.

Project Updates

Engineer Piascik provided updates:

Water District # 2 Pump House Updates/Brutus Road and Pierce Road should be all set with USDA Rural Development – questions have been answered.

For Water Districts # 10 and # 11, USDA Rural Development needs to have correspondence of issues with water quality or supply. The clerk’s office will follow up with the petitioners and request letters detailing the need for the public water supply. The clerk checked to see if written correspondence listing specifics were in the project folders and she did not see any. Five letters should be sufficient.

Reconstruction of the bridge at Aqueduct Park is underway. Working with highway department.

For the Aqueduct Abutment and Pier project, everything has been sent to Jean Egenhofer and SHPO may need more information. The bid documents were sent to Jean and Clerk Skellington was copied on April 6^th. Engineer Piascik requested that the board authorize advertisement of bids continent on NYS Parks Recreation and Historical Preservation approval.

Deputy Supervisor Flynn made a motion to advertise for bids for work on the Aqueduct Park Pier and Spillway Reconstruction Project contingent on NYS Parks approval. The motion was seconded by Councilor Slocum.

RES 36-2021 VOTE: 4 ayes, 1 absent, 0 nays. Carried.

The Aqueduct Park Accessibility Project has some work to be completed by the contractor. There is a punch list of items. Engineer Piascik will look into some less expensive options for lighting. He will also look into the deadline that was not met by the contractor and what actions the town could take.

Engineer Piascik will work with Councilor Chirco on plantings at the park. He recommends annual plantings of red, white and blue in front of the veteran memorials. Supervisor Hotaling has a booklet that can be looked at for fountain options for the pond.

Clerk Skellington shared that there is $ 16,918.38 left in this account. Blacktop is still left to do and Highway Superintendent Siracusa is working with another municipality for its paver equipment. With the fence installed, there is a possibility that the paver may be too wide. Planning Board member Lipiska will check and see if the county has smaller paving equipment.

The delineation map for the land on State Route 31 will be updated and completed in the next couple weeks. The review lifts some of the restrictions that were on it previously.

There is floodplain in the north corner of the property but this is not where the building will be placed.

There should be no cost to obtaining the current state ROW in Aqueduct Park parking lot.

BridgeNY applications are coming due. Engineer Piascik will prepare the submission of the culvert project for Mills Road. Bridge projects have a later deadline for submission and the town will be submitting for Hamilton and Riverforest Road bridges.

A project manager is required for Trolley Connection Trail project. The town will have to follow DOT guidelines. Engineer Piascik will look into availability of hiring someone part-time for this role.

Supervisor Hotaling asked about Northern Border Regional Commission grant. Engineer Piascik stated that funding from this could be available for the sewer grant for NYS Route 5 and mobile home parks. He will send Supervisor Hotaling and Clerk Skellington the contact he has so that the town can ask if this is a viable project.

Supervisor Hotaling asked about the grant that was written by Jay Grasso, contracted Grant Administrator, for up to $ 12,000 for park street lighting. Clerk Skellington will check status with Jay Grasso.

Clean Energy Communities Designation

The press release was in The Citizen newspaper. It recognized the four actions that the town took to obtain the designation: Unified Solar Permit, Code Enforcement Training, Benchmarking, and Clean Fleets (Electrical Vehicle Supply Permit).

Water – 8734 Weedsport Sennett Road

The Village of Weedsport met on March 10^th and confirmed in its minutes that it does not hook up outside users to its system without the town creation of a district.

Discussion occurred regarding bringing the small district created now into a larger district that is formed in the future. The town will ask if the Village of Weedsport will be a water supplier if the district is created.

Motion by Councilor Chirco to form a district for 8734 Weedsport Sennett Road, seconded by Deputy Supervisor Flynn.

RES 37-2021 VOTE: 4 ayes, 1 absent, 0 nays. Carried.

New Business

White Birch Tree Treatment

The board members agreed not to treat the tree in front of the court clerk office window at a cost of $ 150. It was not treated last year.

American Rescue Plan

The town is slated to receive $464,989. Clerk Skellington shared that she watched a lunch webinar put on by the Association of Towns. The US Treasury is in charge of issuing regulations that detail how these funds are to be used. There is some preliminary information however more is needed.

Request for Car Wash – Class of 2024 May 1^st from 9:00 am to 1:00 pm

The board approved this event to held. Clerk will notify the class advisor.

Code Enforcement Forms and Internal Renovations Permit

The complaint form and the asbestos/lead form were sent to the board members with some recommendations prior to the board meeting. The complaint form can be given out for people to submit written complaints and it can be posted on the website. The asbestos/lead form can be added to the building permit packet. Additionally, the town does not currently require a permit for internal renovations. With internal renovations or additions being done, there is potential of exposure to asbestos/lead, there are electrical certificates that could be required, etc. A fee of $ 50 for internal renovations/window replacements/roof replacements even if they do not change the pitch was recommended.

Motion by Councilor Chirco to begin using the forms and modify the fee schedule to include a $50 charge for internal renovations/window replacement/roof replacements. The motion was seconded by Deputy Supervisor Flynn.

RES 38-2021 VOTE: 4 ayes, 1 absent, 0 nays. Carried.

Ballot for NYS Rural Water Association Candidates

A ballot was received recommending two candidates for open regional positions. There is also an option to write in candidates. The board authorized Supervisor Hotaling to sign on behalf of the Town of Brutus.

NYS Division of Criminal Justice Services – No Peace Officers Annual Validation

As current constables do not meet the stringent requirements of the state, the town is working with the village on finding candidates from Auburn Police Department or other resources. Current most active constable has been a trainer for Cayuga County Sheriff Department on many of the required trainings. Mayor Winslow gave Supervisor Hotaling a name to contact.

Comment on Finger Lakes National Heritage Area

The town supports this and the clerk will review how to pass along the support communication.

Mayors Monarch Pledge

Two residents passed along this information however it is too late to commit to this now as the deadline was March 31, 2021. The clerk will have one of her deputies research the program and what responsibilities are necessary for next year.

NYS DOT transitioning to NYS Statewide Financial System (Trolley Connection Trail grant)

Clerk passed the letter along for board members to be aware of the change.

Grant submitted for $5000 for LED lighting (highway garage/Shadybrook MHP lighting)

Clerk submitted this week and check should arrive relatively soon.

Other Business

Supervisor Hotaling stated that he was contacted about submitting a capital project to Congressman Katko’s office. He mentioned to Barton & Loguidice that the shared building should be submitted. Within an hour, John Condino of Barton & Loguidice sent an email to the Congressman’s office regarding the shared building project.

Councilor Chirco recommended that the ZBA and planning board be required to obtain four hours of training each year to stay current on laws and current events related to their fields. It will be required to remain on the board.

Deputy Supervisor Flynn stated that the town has nine months to decide on a law of handling the legalization of recreational marijuana primarily dispensaries. Discussion occurred about the future. Keeping this on the agenda and learning about what other municipalities are doing as well as listening to what residents are thinking will help the board members make the best decision. Engineer Piascik shared that there is an article on Syracuse.com about what local towns and villages are doing.

Motion to close the meeting at 9:05 PM made by Deputy Supervisor Flynn, second by Councilor Slocum.

RES 39-2021 VOTE: 4 ayes, 1 absent, 0 nays. Carried.

Respectfully submitted,

Angela M. Skellington, Town Clerk