May 10, 2021: DRAFT: Regular Meeting

May 10, 2021

Town of Brutus

Town Board Meeting Minutes

The Town Board of the Town of Brutus held an in-person regular meeting on May 10, 2021 at 6:00 PM. Masks were worn.

Present:

James Hotaling, Town Supervisor                    Thomas Flynn, Deputy Supervisor

Amy Chirco, Councilor                                     Derric Slocum, Councilor        

John Abraham, Councilor                                Pamela Kelley, Bookkeeper/Assessor            

Thomas Piascik, Town Engineer                      Angela Skellington, Town Clerk

Absent: Steve Siracusa, Highway Superintendent

Guests: Shaun O’Connor & Stacie McNabb (Weedsport School), Kevin Cox (Town Attorney), Tim Ganey (Code Enforcement), Tom Taylor (Planning Board), Matthew Ball & Duane Shoen (Insero Auditors), Bruce & Donna Seamans (Residents), Joe Kime (Resident), Jay Moose (Code Enforcement – other municipalities) 6:40 PM

Opening: Supervisor Hotaling called the meeting to order at 6:00 PM and led the Pledge of Allegiance

Adopt Minutes:

Motion to adopt the minutes for the April 12, 2021 town board meeting by Councilor Abraham, second by Councilor Chirco.

RES 40-2021 VOTE: 5 ayes, 0 nays. Carried.

Guests to be Heard:

School Superintendent Shaun O’Connor gave an overview of the top 10 facts of the upcoming 2021-2022 school budget. It can be challenging in the long run if the school does not take funding from the state. He shared that the bus that is listed as a proposition would be eligible for 86% of aid. The $7.6 million capital project involves roof over main hallway, a new track and artificial turf for soccer, baseball and other sports. Board members asked about challenges with internet access. Mr. O’Connor responded that the school worked with families on providing hot spots. Mr. O’Connor and Ms. MacNabb left the meeting at 6:15 PM.

Duane Shoen and Matthew Ball spoke to the board about the recent audit for 2020.There were no identified issues with transactions for the justice court. The Independent Auditors Report, Communication with Those Charged with Governance at Conclusion of Audit, and Management Comment Letter were presented.

GASB 75 is accounting and financial reporting for postretirement benefits other than retirement. An actuary would be hired to determine the liability and report the liability on a government-wide financial statement. Minimally, this would cost $3,000 each year. The town opted not to do this. The auditors left at 6:50 PM.

Mr. and Mrs. Seamans addressed the board about an expensive water bill. Mr. Seamans said that they found a small leak and within 15 minutes it was fixed. He thinks there is something wrong with the meter. No one came and told him about the high water bill. When it rains hard, water from the farmer’s field runs down and floods his neighbor’s basement so he asked why he would not have seen that much water. The leak was in pump house behind his home. His brother-in-law fixed it. There was a crack in the pipe which is just above ground. The pipe goes through the pump house in case they want to access their old well. He heard hissing in the pump house. He asked if there was a way to check the meter. Councilor Chirco asked the clerk if the water provider asked about high water use. The clerk replied no. The master meter is read daily. Councilor Abraham stated that when daily reads are done, there is no way of knowing if an individual home had a leak. Councilor Slocum asked the clerk about seeing a lot of loss. Clerk Skellington said that the clerk’s office receives monthly reports from the water operator that get forwarded to the health department and are used in calculating the reads to forward to the water supplier.

Supervisor Hotaling explained that the Seaman’s property has the soil type of gravelly loam. This soil has condition of water soaking into instead of running off. Mr. Hotaling said that the town can test the meter. Mr. Seamans said that there are brand new lines for toilets, copper lines up to the house and they never lost water pressure. Mr. and Mrs. Seamans left at 7:15 PM.

Mr. Kime addressed the board about dogs not being gone at the neighbor’s home across the road from his property. He had to call 911 the day before because a dog pulled up its ground stake and got itself wrapped around a tree. Supervisor Hotaling said that he had checked with the SPCA and the representative he spoke with said that the SPCA cannot do anything until a warrant is issued by a judge. Supervisor Hotaling said that he spoke with one of the judges and that either the SPCA or NYS Police needs to submit paperwork for a warrant. A judge cannot issue a warrant on his/her own.

Attorney Cox said that Dog Control or a Peace Officer can go on property to seize unlicensed dogs. Mr. Kime said that both SPCA and NYS Trooper said they completed everything to obtain a warrant. Attorney Cox will check with Dog Control and the NYS Trooper and he requested that the clerk send him information about which dogs at this location that are licensed with the town and the address of where some dogs may have been moved to.

Mr. Kime stated that three dogs are tied up outside, two dogs (maybe more) are inside the trailer and have not been out of it since February. Mr. Kime left at 7:40 PM.

Code Enforcement Officer Ganey shared that when he was the mayor for Elbridge, the municipality was able forego the cost of fines but not the cost of water. Had to keep unaccounted loss of water to less than 20%.

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 April Supervisor Report.

RES 41-2021 VOTE: 5 ayes, 0 nays. Carried.

Town Clerk Report:

·         Employee handbooks printed and assembled

·         Virtual Town Clerk conference

·         Performance evaluations distributed and due by end of May

·         A lot of information gathering for auditors

·         Deputy Clerk Brown worked Friday at Clean Up Days and Saturday from 12:00 to 3:00

·         Clean Up Days had 161 people Friday and 125 people Saturday. 15 mattresses turned in with payment of $ 20 each

·         Shred Event had 20 people and all town hall shredding was completed

Budget Amendments

Bookkeeper Kelley communicated that there were no budget amendments. She said that about one week of time between Deputy Clerk Cronk, Clerk Skellington, and herself was spent getting paperwork together for the auditors. She was given a page of journal entries to complete. No other auditor has ever asked her to complete journal entries.

Board Area of Responsibility Reports

Highway Superintendent Report

Supervisor Hotaling said that Superintendent Siracusa had calling hours as he was not at the meeting. The report was forwarded to board members before the meeting.

·         Undressed trucks of plows and sanders

·         Washed and desalted equipment

·         Put a piece of plywood over bridge by high school

·         Picked up deer carcass at Stevens Rd

·         Hauled brush

·         Mowed office, park, God’s Acre, Lamphere cemetery, highway garage

·         Mowed pump house and water tower

·         Changed oil and filters air filter on ram pickup

·         Picked oil up at Scott’s Mobile

·         Weed eated around pond at park

·         Swept intersections on roads

·         John installed the lights at highway garage

·         Cleaned shop

·         Mowed the trails from Centerport to Elbridge

·         Installed water meter at E Brutus Cemetery

·         Roadside mowed Towpath and Weller Roads

·         Repaired water shut offs and installed 2-inch riser for paving

·         Helped Montezuma with cross culvert

·         Helped town of Throop pave

·         Replaced bearings and pulleys on John Deere tractor mower deck

·         Picked up tree on Pump and Clinton

·         Town clean up days 

Supervisor Hotaling said that Highway Superintendent Siracusa was approached by David James from the Weedsport Rural Cemetery about the 40-year-old truck that the cemetery works with. There is a possibility that the town could replace the # 5 truck and give that truck to the cemetery. There are funds in the equipment reserve fund. Superintendent Siracusa will check pricing.

Motion to pay Abstract #5 by Councilor Abraham, second by Councilor Chirco.

RES 42-2021 VOTE: 5 ayes, 0 nays. Carried.

Correspondence

·         May 2021 Village Newsletter

·         Comp Alliance – Alliance Advisor

·         Fire Chief Report

·         Sales Tax Distribution

·         ZBA draft minutes

·         Planning Board draft minutes

·         Press Release regarding eviction protection

Old Business

·         2309 Mills Road – dogs and code violations

Covered earlier in the meeting.

·         Water – 8734 Weedsport Sennett Road

Engineer Piascik sent over map and project description for Water District #12. The board would need to declare itself as lead agency for SEQR process.

Motion by Councilor Abraham for Town of Brutus to be lead agency for Water District #12 SEQR process, second by Councilor Slocum.

RES 43-2021 VOTE: 5 ayes, 0 nays. Carried.

Engineer Piascik said that the public hearing could be scheduled if the Village of Weedsport agrees to sell the water. Would also need to check and see what the village would charge to tap the water.

·         Project Update – Engineer Piascik

Engineer Piascik said that he would send Clerk Skellington the bid information to advertise for the work for Reconstruction of the West Pier project.

There is a punch list for the contractor doing the Aqueduct Accessibility project. The project deadline is June 30, 2021. Engineer Piascik spoke about Aqueduct Park lighting and the costs being much higher than originally considered. With some of the deadlines missed by the contractor, there may be room for negotiation on the four lights and labor to install. Councilor Abraham asked about security cameras for the lights.

The Trolley Connection Trail project is waiting to hear from the NYS DOT. The design report was sent in February and there has not been any contact from NYS DOT with the surveyor for Right of Way work.

The Pump House Enhancement project is in the USDA Rural Development review process. Water Districts #10 and #11 hardship letters and emails from residents continue being sent to USDA Rural Development as the clerk receives them.

·         Water Loss – WD # 6

Possibility of a leak from the master meter before first home.

·         Planning Board Advisory on Special Permits for Agr Residential and Riverfont Zoning

The Planning Board sent a letter to the Town Board advising of its review and opinion regarding this issue. The Planning Board believes that adding more commercial uses allowed by special permit in these zones would be in contradiction to the comprehensive plan and not in the best interest of the community.

·         Constables

The clerk gave contact information to the judges of the person who is interested. The town would like to have more options and possibly share services with the village. This can be brought up at the combined meeting of the village and town that is to be scheduled.

New Business

·         School Budget -Covered earlier in the meeting.

·         Auditor Report – Resolution to Accept Audit and Court Audit

The auditors presented earlier in the meeting.

Motion by Councilor Chirco to accept 2020 audit, second by Deputy Supervisor Flynn.

RES 44-2021 VOTE: 5 ayes, 0 nays. Carried.

Motion by Deputy Supervisor Flynn to accept 2020 court audit, second by Councilor Chirco.

RES 45-2021 VOTE: 5 ayes, 0 nays. Carried.

Discussion occurred about how much work was completed by staff with the auditors, far more than any other audit. The board authorized a Request for Proposals to be completed.

·         High Water Bills Due to Leaks – Two Residents

Covered earlier in the meeting. Clerk Skellington shared that the other high water bill was due to a running toilet. The person acknowledged this and didn’t realize how expensive a bill could be with a running toilet. She has paid a portion of her bill.

·         Fixed Asset Capitalization Policy

The auditors recommended adopting this policy as the current practice is recording anything with a value of $ 500 or more. Bookkeeper Kelley explained the policy to the board. The board members would like to see the amount be $10,000.

Town of Brutus

Fixed Asset Capitalization Policy

A.  Purpose

The purpose of this document is to establish The Town of Brutus financial accounting policies regarding the proper classification of fixed assets and the proper treatment of transactions involving fixed assets. Collectively, the policies established in this document shall be known as the Town’s capitalization policy and should be followed by all management and staff of the Town whose job responsibilities include the management of and accounting for fixed assets.

B.  Definitions

Capitalize

When an asset is capitalized, it is included on the Town’s balance sheet as an asset.

Fixed assets

Long-lived tangible assets acquired or produced to support the operation of the business, but not intended for resale nor consumed in use. Typically, fixed assets will include land, buildings, equipment, software, furniture, land/building improvements, etc.

C.  Procedures

The criteria and procedures outlined below should be followed to determine asset capitalization and exceptions.

1.     Asset Capitalization

Expenditures for capital asset additions and improvements that meet ALL of the requirements within their respective category below are capitalized.

2.     Capital Asset Additions

Capital Asset Additions must meet ALL requirements listed below:

·         Cost is in excess of $10,000

·         Useful life is expected to exceed 120 months

Capital Asset Addition Exceptions

In order to minimize accounting for immaterial items, assets acquired or produced at a cost of less than $9,999.99 are required to be expensed. In determining the cost of assets acquired or produced, it is appropriate to look to the total invoice price, or, if multiple items are included within one invoice, to the cost of each item. Additional costs, such as delivery fees or installation services, should not be considered unless such costs are included in the same invoice as the item itself.

Alternatively, assets (whether acquired or produced) with an economic useful life of less than 120 months are required to be expensed, regardless of the acquisition or production cost.  The economic useful life of an item is the period over which the property is reasonably expected to be useful in the Town’s trade or business. Factors to consider in determining this period include:

·         Wear and tear and decay or decline from natural causes;

·         The normal progress of the art, economic changes, inventions, and current developments within the industry and the Town’s trade or business;

·         The climatic and other local conditions peculiar to the Town’s trade or business; and

·         The Town’s policy as to repairs, renewals, and replacements.

Motion by Councilor Slocum to adopt the Fixed Asset Capitalization Policy, second by Councilor Chirco.

RES 46-2021 VOTE: 5 ayes, 0 nays. Carried.

·         Joint meeting with Village of Weedsport

Supervisor Hotaling said that he hopes to have a meeting with the village on May 25^th to discuss shared building, police/constables, other items that may come up.

·         CDBG grant for sewer planning – MHP – Decision to hold public hearing

The clerk will check with Jay Grasso for the cost of completing the grant application. Once that is known, the board can decide if it wants to hold a public hearing.

·         Brutus Recreation

Clerk shared that she corresponded with Tonya Martinez (Chair) and there is still uncertainty on whether programming can happen this summer. She will let the clerk know if and when she knows more.

·         Small Business Outreach Request

The board agreed to allow the Small Business Development Specialist from Cayuga County Economic Development Agency use the town office space for meeting with small business owners by appointment. She will bring all materials needed.

·         Quote for Codification Services

The clerk received a quote from General Code to recodify the town code book at a cost of $8,400. Editorial and Legal Analysis would be $3,400. The board decided against this and to look at this again when preparing next year’s budget.

·         Training for Planning Board and Zoning Board of Appeals

In 2006, the town board passed a resolution to waive New York State required training of four hours per year for Zoning Boards of Appeals and Planning Boards. With increasing laws and zones, the town board would like to have the members of these board participate in training. It is important that board members remain current on laws and trends.

Motion by Councilor Slocum with second by Deputy Supervisor Flynn to rescind Town Board Resolution 121-06 that waived the NYS training requirements. The members of the Zoning Board of Appeals and Planning Boards will need to complete the state mandated training requirements of four hours per year.

RES 47-2021 VOTE: 5 ayes, 0 nays. Carried.

Letters will be sent to the chairs of each board.

·         Fire, Smoke, And Carbon Monoxide Detectors

Code Enforcement Officer Ganey inspected the various smoke and carbon monoxide detectors at the town hall. He made a recommendation of replacing the detectors with updated models. He will work with Engineer Piascik on a specific recommendation.

·         Request to Update Fee Schedule To Add Pavilion Permit

Code Enforcement Officer Ganey requested that the board add a Pavilion Permit for a fee of $50. This is an open-sided pavilion with concrete pad.

Motion by Councilor Abraham to add a pavilion permit with a fee of $50, second by Councilor Chirco.

RES 48-2021 VOTE: 5 ayes, 0 nays. Carried.

·         USDA European Cherry Fruit Fly Program- request access to town-owned property

The board chose no action at this time.

·         Draft of Report – Erie Canal Re-watering Study

Supervisor Hotaling distributed a copy of the report prior to the meeting.

·         Mills Road Culvert BridgeNY Application Submitted

The material was available for board members to review if they wished to.

·         Fraudulent Unemployment Claims

The clerk updated the board that five employees were victims of fraudulent unemployment claims. There were about 30 victims that were employed by Cayuga County. Clerk obtained material and information from the Cayuga County Sheriff Department and the NYS Unemployment website to give to employees to protect themselves and report the issue. Information she received from the NYS Department of Labor was replied to with an additional note that the claim was fraudulent.

Other Business

Deputy Supervisor Flynn expressed concern about some issues he is having with the town email system. He cannot open certain items. Councilor Abraham said that he received a spam/junk email. Councilor Slocum said that no email system can stop all spam emails. Supervisor Hotaling requested that Bookkeeper Kelley follow up with Digital Towpath.

There is some development near the driveway to the water tower. The board would like a letter to go to the new owner to remind that the driveway is not for public use.

Motion to enter executive session at 8:55 pm by Supervisor Hotaling, second by Deputy Supervisor Flynn.

RES 49-2021 VOTE: 5 ayes, 0 nays. Carried.

Code Enforcement Officer Ganey, Jay Moose, Planning Board Member Tom Taylor, Engineer Piascik, Bookkeeper Kelley, and Clerk Skellington left the meeting.

Deputy Supervisor Flynn motioned to close the executive session at 9:30 PM, seconded by Councilor Chirco.

RES 50-2021 VOTE: 5 ayes, 0 nays. Carried.

No decisions were made in executive session.

Motion to close the meeting at 9:30 PM made by Councilor Abraham, second by Councilor Slocum.

RES 51-2021 VOTE: 5 ayes, 0 nays. Carried.

Respectfully submitted,

Angela M. Skellington, Town Clerk