Minutes: Town Board Meeting Tuesday May 11, 2010 at 7:30 PM, Brant Town Hall
Present: Supervisor Leonard Pero, Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Councilman Clark Borngraber, Attorney William J. Trask Sr. Town Clerk Thea Ells, Absent: Councilman Vincent Fullone
Record of Sign In: Lee Brunelli, Charles Arrigo, Brian Rott, Debra Ritz, Brian Campbell, , Joe & Lynda Ostrowski, Sam Chiavetta, William Easterling, Michele Kujawinski, Chad Kaczmarek, James George, Diane Czyz, Kirk Ritz, Martin Rosiek, Samuel Chiavetta,
Clerks note: Town Board members met at 7:00 PM for workshop, no motions made during the workshop. There will not be a public hearing as motioned for at the last meeting.
The meeting was called to order by Supervisor Pero at 7:30 PM with a Pledge to the flag.
Councilman Gier moved for the adoption of following motion #139, seconded by Councilman Borngraber. 4 ayes: Pero, Gier, Kujawinski, and Borngraber. 0 nays
#139: RESOLVED: Town Board Meeting Minutes from April 13 and Town Board Meeting Minutes from April 27 2010 Are Approved As Presented
Councilman Gier moved to table the following motion #140, seconded by Councilman Borngraber 4 ayes: Pero, Gier, Kujawinski, and Borngraber. 0 abstain 0 nays
#140: RESOLVED: To Approve Supervisors March 2010 Financial Report Is Approved As Presented
Budget modification was presented by Supervisor Pero per Richard Gryksa:
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund Townwide (A)
$ 7,000.00 Decrease A1990.4 Contingent Account Contr Expend
$ (7,000.00) Increase A1320.41 Independent Audit Contr Expend
Highway-Townwide (DA)
$ 221.00 Decrease DA5140.4 MISC Brush & Weeds Contr Expend
$ (221.00) Increase DA9040.8 Workmans Compensation Employee Benefits $ 221.00
Highway-Part Town (DB)
$ 358.00 Decrease DB5110.4 General Repairs Contr Expend
$ (358.00) Increase DB9040.8 Workmans Compensation Employee Benefits $ 358.00
Councilman Gier moved for the adoption of the following motion #141, Motion seconded by Councilman Kujawinski Roll Call Vote: Gier ? aye, Kujawinski- aye, Pero-aye, Borngraber ? aye 4 Ayes, 0 Nays, 0 Abstains
#141: RESOLVED: Approval Of The Above Listed Budget Modification For The Period Ending March 30th, 2010 As Recommended By The Town Bookkeeper As Presented
Supervisor Pero moved for adoption of the following motion #142, seconded by Councilman Kujawinski 4 ayes: Pero, Gier, Kujawinski, and Borngraber. 0 nays
#142: RESOLVED: Town Clerk?s March 2010 Financial Reconciliation Reports Be Accepted As Presented
Councilman Gier moved for adoption of the following motion #143, seconded by Councilman Borngraber. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#143: RESOLVED: Justice Gugino / Justice Crouse March 2010 Financial Reconciliation Report (Bail & Regular) Be Accepted
Councilman Kujawinski moved for adoption of the following motion #144, seconded by Councilman Gier 4 ayes: Pero, Gier, Kujawinski, and Borngraber. 0 nays
#144: RESOLVED: April 2010 Code Enforcement Officer Report Be Accepted As Presented. Summary: Inspections: 7, certificate of occupancy inspection:1, building permits issued:2, Pending court cases:5, meetings Brant planning:1, Town Board:1,
CEO Brecker reported that the Town has approved plan review and building permit fees, but to date has not passed a telecommunications facilities local law which would govern cell towers and/or antennas. In view of these circumstances I ask the Town Board to allow the undersigned to proceed in requesting AT&T to produce a site plan along with engineering plans of the tower and antenna, along with maintenance and removal plans and to submit a guarantee bond for removal if necessary for the planning board review. I sincerely recommend that he Town Board consider enacting a telecommunications facilities local law for future purposes. Attorney will review and planning board will review, notification will have to be made to county planning, etc.
Councilman Gier moved for adoption of the following #145, seconded by Supervisor Pero 4 ayes: Pero, Gier, Kujawinski, and Borngraber. 0 nays
#145: RESOLVED: April Dog Control Officer?s Activity Report Be Accepted As Presented Summary: April: Dogs seized: 1, Kennel days: Total Dog calls4, Court cases: 0
DCO Daniel brought forward information of law change concerning dog control and fees to charge; attorney will review and make recommendation.
Councilman Borngraber moved for adoption of the following #146, seconded by Supervisor Pero. 3 ayes: Pero, Kujawinski, and Borngraber. 0 nays Gier,
#146: RESOLVED: April 2010 Police Activity Report Be Accepted As Presented Summary: 5707 miles patrolled, Arrests: Felony: 3, misdemeanor: 9, V&T: 167, complaints: 33, property checks ? 201. Gier questioned mileage and use of # 72 (back-up vehicle), and would like explanation of assistance to other agencies.
Councilman Kujawinski moved for adoption of the following #147, seconded by Councilman Gier. 4 ayes: Pero, Gier, Kujawinski, and Borngraber. 0 nays
#147: RESOLVED: Town Clerks April Activity Report To The Board Be Accepted As Presented Summary: $1,512.26, Town share $863.36 Erie County $23.60,NYS Comptrollers, NYS Health $45.00 NY State Ag & Mkts $3.00, NYS DECALS $27.40, Security Deposits rec?d $550.00. Tax Collection: $ 817,359.49 paid to Supervisor ? full warrant amount for Town, $551,605.57 paid to Erie County Clerk reported uses of building by groups and organizations and Census work training use in May cancelled, reported water issue at SCB, and confirmed payment schedule for grounds contract.
Planning Board Report: Secretary Lynda Ostrowski reported there was no meeting, and the PB is in need of two alternates. There was some review of the notification to neighboring property owners for zoning variance, it was suggested by attorney to have planning board, CEO, review who is to be notified when planning meets for a variance issue.
Councilman Gier did not receive any Fire Company Activity Reports, Board Members reviewed memo from grant writer, Connie Miner:
Councilman Borngraber moved for adoption of the following motion #148, motion seconded by Supervisor Pero. Roll Call Vote: Borngraber ? aye, Pero-aye, Gier ? aye Kujawinski- aye, 4 Ayes, 0 Nays, 0 Abstains
#148: RESOLVED: TO APPROVE GRANT WRITER, CONNIE MINER, AS A COURTESY MAY CONTACT CHIEF PERO AND OFFER SERVICES TO WRITE A GRANT APPLICATION FOR ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM WHICH IS THROUGH FEMA/DEPT. OF HOMELAND SECURITY FOR THE BRANT FIRE COMPANY
Acknowledgement of Dignitaries and Invited Guests:
OLD BUSINESS:
Councilman Gier moved for adoption of the following motion #149, motion seconded by Councilman Kujawinski. Roll Call Vote: Gier ? aye, Kujawinski- aye, Borngraber ? aye, Pero-aye, 4 Ayes, 0 Nays, 0 Abstains
#149 RESOLVED: THE TOWN AS LEAD AGENCY AUTHORIZES THE SUPERVISOR TO SIGN THE SHORT FORM SEQR FOR NEW TOWN HALL LOCATION
Councilman Borngraber moved for adoption of the following motion #150, motion seconded by Councilman Kujawinski. Roll Call Vote: Borngraber ? aye, Kujawinski- aye, Gier ? aye, Pero-aye, 4 Ayes, 0 Nays, 0 Abstains
#150 RESOLVED: A GOOD FAITH DEPOSIT PAYMENT OF $100.00 TO EVANS BRANT SCHOOL DISTRICT TO BE INCLUDED WITH THE PURCHASE CONTACT
Councilman Kujawinski discussed with board members issues addressed with bookkeeper Gryksa, and amounts of prioritized expenses, budget process, borrowing, etc. Supervisor Pero informed the Board members that a resident who wishes to remain anonymous has approached him and would like to donate $25,000.00 toward the purchase of the new town hall, and would like to see a historic recording/display of the Brant School in the Town Hall.
Supervisor Pero moved for adoption of the following motion #151, motion seconded by Councilman Kujawinski. Roll Call Vote: Pero-aye, Kujawinski- aye, Gier ? aye, Borngraber ? aye, 4 Ayes, 0 Nays, 0 Abstains
#151 RESOLVED: TOWN BOARD TO OBTAIN HODGSON & ROSS AS BOND COUNCIL FOR THE AQUISITON OF PROPERTY, COST NOT TO EXCEED $2,750.00 AND WITH DISBURSEMENTS NOT TO EXCEED $500.00.
Councilman Borngraber moved for adoption of the following motion #152, motion seconded by Councilman Kujawinski. Roll Call Vote: Borngraber ? aye, Kujawinski- aye, Gier ? aye, Pero-aye, 4 Ayes, 0 Nays, 0 Abstains
#152 RESOLVED: AUTHORIZE SUPERVISOR PERO TO NEGOTIATE A BAN OR A STATUTORY INSTALLMENT BOND WITH ANY FINANCIAL INSTITUTION NOT TO EXCEED $175,000.00
Pool House Roof
Dave Johnson of Nussbaumer was present with bid spec?s: one set for roof, one set for masonry work, board members discussed time constraints for completion before pool opens, and to give vendors sufficient time to bid.
Councilman Gier moved for adoption of the following motion #153, motion seconded by Councilman Borngraber. Roll Call Vote: Gier ? aye, Borngraber ? aye, Pero-aye, Kujawinski- aye, 4 Ayes, 0 Nays, 0 Abstains
#153 RESOLVED: TO AUTHORIZE THE TOWN CLERK TO PLACE A LEGAL NOTICE PROVIDED BY THE TOWN ATTORNEY IN THE BUFFALO NEWS WITH PUBLICATION DATE OF MAY 14TH AND A BID OPENING DATE OF JUNE 4TH, 2020 AT 3:00 PM
Pool cont.
Board discussion continued with updates for pool cleaning, past practice was discussed and board members agreed that town employees would clean and ready pool with Councilman Borngraber and Joseph Giambrone overseeing.
National Grid/ Meter/Town Hall
Councilman Gier reported that a case number has been received and the electrician, Tim Clark, is following up on the issue.
LSYF/storage building:
Chad Kaczmarek was present and board members acknowledged that he had written a request to the board. Board members discussed the request of a 24 by 28 garage for storage for LSYF and the Town, with future plans to add public bathrooms onto building. Attorney Trask advised the board that he had replied to all board members concerning issues which would need to be addressed but there seemed to be no follow up with LSYF. Discussion continued concerning present licensing agreement with LSYF for concession stand, construction would be on slab, Killian builders would be hired by LSYF, suggestion of town paying for slab, public use, etc. Plans will be reviewed and approved by Town CEO and an agreement would be drawn up between LSYF attorney and Town attorney.
Councilman Borngraber moved for adoption of the following motion #154, motion seconded by Supervisor Pero. Roll Call Vote: Borngraber ? aye, Pero-aye, Gier ? aye, Kujawinski- aye, 4 Ayes, 0 Nays, 0 Abstains
#154: RESOLVED: TO APPROVE, LSYF/KILLIAN BUILDERS, BUILDING OF PHASE 1: 24 BY 28 GARAGE STORAGE AREA ON CONCRETE PAD AT THE BRANT TOWN PARK FOR LSYF AND TOWN OF BRANT USE. THIS BEING PHASE ONE OF A TWO PHASE PROJECT THAT WOULD INCLUDE FUTURE PERMANENT LAVATORY FACILITIES TO BE ADDED TO THE BUILDING AND CONTINGENT ON APPROVAL OF ALL PERMITS AND LICENSING AGREEMENTS WITH RECOMMENDATION OF PLACEMENT BY COUNCILMAN BORNGRABER AND COUNCILMAN GIER WITH ON SITE INSPECTIONS OF SAME.
NEW BUSINESS:
Recreation fees:
Councilman Gier moved for adoption of the following motion #155, motion seconded by Councilman Borngraber. Roll Call Vote: Gier ? aye, Borngraber ? aye, Pero-nay, Kujawinski- aye, 3 Ayes, 1 Nays, 0 Abstains
#155 RESOLVED: RECREATION FEE WILL BE: RESIDENTS/ ONE CHILD: $65.00, SECOND CHILD: $50.00, THIRD CHILD: $40.00 WITH A CAP OF $180.00 FOR FOUR. $40.00 FOR BUS PICK UP. NON RESIDENTS: $110.00 ONE CHILD, SECOND CHILD $95.00, $85.00 THIRD WITH A CAP OF $325.00 FOR FOUR OR MORE. $50.00 FOR BUS PICK UP.
Supervisor Pero had the health department application for the Recreation program and stated he would not sign and his office will not be taking registration, as he is not running the program this year. Board members had discussion of duties of supervisors? position according to Town Law and past practices in regard to recreation. Pero stated he would check with Albany as to duties.
Memorial Day:
Supervisor Pero reported to the Board members that he would not be in town for Memorial Day so the Board members will have to handle all details concerning the service.
Reports Of Committees/Projects/Town Board Reports
Fullone: Absent
Kujawinski: Reported that Recreation building doors were repaired and locks changed. Received some calls concerning refuse, attended a meeting with Casella at the Village Hall, continuing to work with them on solutions to electronic waste, and he was assured prevailing wage will/is being paid. Attended a budget review meeting with bookkeeper and Councilman Fullone, reported it was a productive meeting and monies for town hall, a highway truck and Ellis Road bridge were discussed. Reported on Ellis Rd Bridge project which he has followed up on with Joe Giambrone, and with the state official who reported notification to the Supervisors office repeatedly, but had no response and reported that
budget dollars need to be reviewed for project and state official is asking for a meeting with all concerned.
Gier: Asked if all had reviewed proposal from Nussbaumer for retaining their general services, the school has to be reviewed by an engineer with a recommendation for placement of offices, etc.
Councilman Gier moved for adoption of the following motion #156, motion seconded by Councilman Kujawinski. Roll Call Vote: Gier ? aye, Kujawinski- aye, Borngraber ? aye, Pero-aye, 4 Ayes, 0 Nays, 0 Abstains
#156 RESOLVED: TO AUTHORIZE SUPERVISOR PERO TO SIGN A RETAINER AGREEMENT WITH NUSSBAUMER AND CLARKE, INC. FOR GENERAL SERVICE FOR THE TOWN OF BRANT
Board members agreed that first project would be to begin review of the school building (proposed new town hall). Gier continued, and board members discussed clearing up the labor positions on the civil service roster:
Councilman Gier moved for adoption of the following motion #157, motion seconded by Councilman Borngraber Roll Call Vote: Gier ? aye, Borngraber ? aye, Kujawinski- aye, Pero-aye, 4 Ayes, 0 Nays, 0 Abstains
#157 RESOLVED: TO AUTHORIZE MICHELE BROWNING TO REMOVE CHARLES ODIE, JEFFREY MLACKER, AND SCOTT KACZMAREK FROM THE CIVIL SERVICE ROSTER FOR THE TOWN OF BRANT IN REGARD TO THE POSITIONS OF LABORER.
Borngraber: Reported that he received a quote from Latak Paving for the heaving at the tennis court/basketball court for $965.00, discussion was had and Clark to check with Joe Giambrone to review issue.
Pero: Reported to the Board members receipt of a inspection report from the Commissioner of Health, attended a meeting in Hamburg concerning recreation, and had Clerk distribute a copy of a memorandum of understanding to review for a Southtowns Recreation Consortium, gave to clerk to distribute to proper council: request from Erie County Sewer Auth. for an approval letter for service extension on Surfside, and a notice from Erie County Health Dept concerning the need of an emergency plan for the Brant Water District and reporting on the water testing.
ABSTRACT:
Councilman Gier moved for adoption of the following #158, seconded by Councilman Borngraber. Roll Call Vote: Gier ? aye, Borngraber ? aye, Pero-aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#158 RESOLVED TO APPROVE ABSTRACT 5 of 2010
*Prepaid and unpaid as of May 11, 2010
General Fund Town wide Vouchers prepaid 128-133, unpaid 134-165 Totaling: $17,155.21
General Fund ? Part Town Unpaid 12-14 Totaling: $9,156.86
Highway Fund T.W. Vouchers Unpaid 50-57 Totaling: $852.63 (skipped 46 thru 49 reassigned to abstract 4 due to coding error DA?s as DB?s)
Highway Part Town Vouchers: Prepaid 2-3, Unpaid #4 (recycled voucher number due to Hwy clerk coding error on Abstract 4.) Deleted Vouchers 5 thru 11 on Highway PT (DB) coding error, hwy clerk entered wrong acct on Abstract 4
Totaling: $3,137.96
Capital Project (H) ? Voucher #2-3 Totaling: $113.55
Street lighting ? Voucher #4 Totaling $2,312.55
Brant Farnham Sewer Dist ? Voucher 1: Totaling: $2,675.00
Highway Payroll PT 03/28/10 to 4/30/10 Totaling: $8,009.51
Highway Payroll TW 03/28/10 to 4/30/10 Totaling: $None
General Town Wide Payroll 03/28/10 to 4/30/10 Totaling $27,526.08
General Part Town Payroll 03/28/10 to 4/30/10 Totaling $571.38
Privilege of Floor:
Lee Brunelli: Questioned spending tax dollars and plowing of private roads
Kirk Ritz: Questioned if an inventory of assets is still required of all departments each year and has there been an accounting of police items that are Town of Brant property, inquired as to why two officers on duty at same time, questioned status of Board vs. Supervisor suit.
Supervisor Pero asked for a moment of silence and to close the meeting in memory of Anne Gardyjan, Sophie Blasz, and Joe Zolonowski.
Councilman Gier moved for adoption of the following #159, seconded by Councilman Kujawinski. 4 ayes: Pero, Gier, Kujawinski, Borngraber 0 nays
#159 RESOLVED: TO ADJOURN THE MAY 11, 2010 MEETING OF THE BRANT TOWN BOARD AT 10:03 PM
Respectfully submitted,
Thea A. Ells, Brant Town Clerk