TOWN BOARD MIN MTG 7-8-08


Minutes of the Regular Town Board Meeting held on Tuesday July 8th , 2008, at 7:30 PM, and workshop @ 7:00 PM @1294 Brant NC Road, Brant, New York at the Brant Town Hall. Present: Supervisor Leonard Pero, Councilman Roseann Turner, Councilman Jeffrey Gier, Councilman Vincent Fullone, Councilman Daniel Kujawinski, Attorney John Grennell, Recording Secretary: Town Clerk Thea Ells Record of Sign In: Debra Ritz, Rick Dole, George Cordia, Lee Brunelli, Jean Brunelli, Tim Kobel, Jim Shea, Sherman Reickart, William Easterling, Charles Arrigo, Brian Campbell, William Henry, Brian Rott, Christine Gierlinger, Dave Gierlinger. A workshop was held before this meeting and was attended by board members at 7:00 PM. The Board members reviewed vouchers, discussed project updates. No formal votes taken. The meeting was called to order by Supervisor Pero at 7:30 PM with a pledge to the flag. Thea Ells verified notice in the Town Crier was published with a list of meetings for the year. Supervisor Pero moved for adoption of the following 080708-216, seconded by Councilman Turner. A roll call vote was taken: Pero-aye, Turner-aye, Kujawinski-aye, Gier?aye, Fullone-aye 5 ayes, 0 nays, 0 abstain 080708-216 RESOLVED: Approved to rescind resolution 080610-204 from June 2008 Minutes (080610-204: RESOLVED: To approve the following list of lifeguards, pay scales and titles: Loomis, Sager, Grennell at $8.00, Timm as Assistant head lifeguard @ 8.75 per hour and Ryan Turner @ 12.00 per hour as Head Lifeguard/Attendee assistant to director.) Supervisor Pero moved for adoption of the following 080708-217, seconded by Councilman Turner. A roll call vote was taken: Pero-aye, Turner-aye, Fullone-aye, Kujawinski-nay, Gier?nay, 3 ayes, 2 nays, 0 abstain 080708-217: RESOLVED: Approved the following positions at the Brant Pool: Lifeguards: Loomis, Sager, Grennell @ $8.00 per hour, Timm @$8.75 per hour and Ryan Turner @ $12.00 per hour. Councilman Gier moved for adoption of the following 080708-218, seconded by Councilman Turner. A roll call vote was taken: Gier?aye, Turner-aye, Fullone-aye, Pero-aye, Kujawinski-aye, 5 ayes, 0 nays, 0 abstain 080708-218 RESOLVED: Approved to rescind resolution 080708-205 from June 2008 Minutes (080610-205: RESOLVED: Approve bus drivers Doreen Cheney and Linda Bantle @ same pay scale of $26.00 per day (same as last year) Councilman Gier moved for adoption of the following 080708-219, seconded by Councilman Turner. A roll call vote was taken: Pero-aye, Turner-aye, Kujawinski-aye, Gier?aye, Fullone-aye, 5 ayes, 0 nays, 0 abstain 080708-219 RESOLVED: To approve bus drivers Doreen Cheney and Linda Bantle $49.34 a regular day and $120.94 for field trips. Councilman Kujawinski asked for discussion concerning payments to CRA Engineers for the Energy Park. Pero stated that we have always paid contractors before receiving monies. Kujawinski commented on several subjects with Pero. Councilman Turner moved for adoption of the following 220, seconded by Councilman Kujawinski, 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 220: RESOLVED: TOWN BOARD MEETING MINUTES FROM JUNE 10TH MEETING ARE APPROVED (Clerk will mark ?rescinded(see July 2008)? on two motions (204, 205) in June 2008 minutes) Councilman Turner moved for adoption of the following 221, seconded by Councilman Fullone. 4 Ayes Pero, Turner, Fullone, Kujawinski, Gier abstained: 0 nay, 1 abstain 221: RESOLVED: SPECIAL TOWN BOARD MEETING MINUTES FROM JUNE 30 MEETING ARE APPROVED Supervisor Pero pointed out that the securities are insured by Evans and M & T Bank as there was a question last month. Councilman Turner moved for the adoption of following 222. Motion was seconded by Councilman Fullone. 5 ayes: Pero, Turner, Fullone, Kujawinski 0 nays 222: RESOLVED SUPERVISORS MAY 2008 FINANCIAL REPORT IS APPROVED Councilman Gier moved for adoption of the following 223, seconded by Supervisor Pero 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays 223 RESOLVED: MAY TOWN CLERK?S FINANCIAL RECONCILIATION REPORT BE ACCEPTED Councilman Gier moved for adoption of the following 224, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays 224: RESOLVED: MAY 2008 JUSTICE GUGINO FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED Councilman Turner moved for adoption of the following 225, seconded by. Supervisor Pero 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays 225: RESOLVED: MAY 2008 JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED Councilman Gier moved for adoption of the following 226, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays 226: RESOLVED: JUNE CODE ENFORCEMENT OFFICER?S ACTIVITY REPORT BE ACCEPTED VOID 227 - NO JUNE DOG CONTROL OFFICER?S ACTIVITY REPORT Councilman Kujawinski reported that he has not spoken with her on some current issues. Councilman Turner moved for adoption of the following 228, seconded by Councilman Kujawinski. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 228: RESOLVED: MAY POLICE ACTIVITY REPORT BE ACCEPTED Councilman Kujawinski moved for adoption of the following 229, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays 229: RESOLVED: JUNE TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED Councilman Turner moved for adoption of the following 230, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays 230: RESOLVED: JUNE PLANNING BOARD REPORT TO THE BOARD BE ACCEPTED Supervisor Pero read from the June minutes from the Brant Senior Recreation Organization. Acknowledgement of Dignitaries and Invited Guests: None OLD BUSINESS: Projects updates: Town Park Well: Pero reported that new well finished and was passed by the Health Dept. Courts at Town Park: Pero reported the courts are finished Sidewalk: Awarded to B&B Blacktop and work is starting tomorrow on Brant Reservation Rd. NEW BUSINESS: Board discussed the purchase of 1 four door sedan and 1 four door SUV, and the bid received from Delacy Ford. Councilman Gier moved for adoption of the following 080708-231, seconded by Councilman Fullone. A roll call vote was taken: Gier?aye, Fullone-aye, Pero-aye, Turner-aye, Kujawinski-aye, 5 ayes, o nays, 0 abstain 080708-231: RESOLVED: To purchase two vehicles as stated in spec?s from Delacy Ford ? one Crown Vic with equipment @ $26,553.00 for a three year lease per year @ $9,546.52; and a Ford Expedition with same @ $32,590.00 for a four year lease @ $ 9,040.48. Supervisor Pero will contact and be the contact with Delacy Ford. Councilman Gier moved for adoption of the following 080708-232, seconded by Councilman Fullone. A roll call vote was taken: Gier?aye, Fullone-aye, Kujawinski-aye, Pero-aye Turner-aye, 5 ayes, 0 nays 080708-232: RESOLVED: to approve a joint certificate of incorporation and by-laws of a New York not for profit corporation known as Southtowns Community Enhancement Coalition, Inc. WHEREAS, the Brant Town Board has participated in the preliminary planning and inventory of assets for development of the communities in southwestern Erie County, and WHEREAS, Towns of Evans, Brant, Eden and North Collins as well as the Villages of Angola, North Collins and Farnham have previously operated as Southtowns Community Enhancement Coalition to engage in community planning activities, which will address environmental protection, economic prosperity and community well-being of these municipalities, and WHEREAS, the Town of Brant has reviewed a proposed Certificate of Incorporation and By-Laws of a New York not-for-profit corporation to be known as Southtowns Community Enhancement Coalition, Inc. NOW, THEREFORE, be it: RESOLVED: Supervisor Leonard K. Pero is hereby authorized and directed on behalf of the Town of Brant to cause the execution and delivery to the New York State of the Certificate of Incorporation of Southtowns Community Enhancement Coalition, Inc. substantially in the form reviewed and to complete the corporate organization of that corporation, including adoption of By-Laws, attendance of meetings of directors, application to the Internal Revenue Service for an application for recognition of exemption from taxation under the Internal Revenue Code. Supervisor Pero stated that the annual amount the town will pay has not been decided as grants may affect the amount. The Organization will be setting up appointments with Boards to review the progress. Supervisor Pero and the Board members discussed procedure for projects under which grants have been approved and the Town expends the monies before the monies are received back. Pero stated grant writer ? Miner has the certified guarantee from Volker for the monies. Supervisor Pero will produce the documentation to the Board members. Councilman Turner moved for adoption of the following 080708-233, seconded by Councilman Fullone. A roll call vote was taken: Turner-aye, Fullone-aye, Kujawinski-abstain, Gier?aye, Pero-aye, 4 ayes, o nays, 1 abstain 080708-233 RESOLVED: to approve to prepay all bills to CRA Engineers that are produced in connection with the Energy Study and the Park Expansion Project with dollar limits previously set by Board and contingent on producing proper documentation from State Officials. Councilman Kujawinski meet with the Town of Brant Senior Recreation Organization after board discussions at previous meetings and presented the following: Councilman Kujawinski moved for adoption of the following 080708-234, seconded by Supervisor Pero. A roll call vote was taken: Kujawinski-aye, Pero-aye, Turner-aye, Gier?aye, Fullone-aye 5 ayes, o nays, 0 abstain 080708-234 RESOLVED: That all monies duly allotted in the 2008 Brant Town Budget (adopted 11/16/2007) to the Town of Brant Senior Recreation Organization (TBSRO) for the purpose of defraying the cost of Brant residents participating in the TBSRO?s travel program be distributed to the duly elected Treasurer of this organization as stipulated in the By-Laws of the TBSRO. A detailed report of the expenditures of these funds will be submitted by the Treasurer of the TBSRO at the end of each fiscal year. It is further moved that future funds, if properly appropriated by the Brant Town Board, will be distributed to the TBSRO in two approximately equal payments made on or about 01/15 and 07/15 of that fiscal year. COMMITTEE REPORTS: Employees Benefit Committee: nothing new at this time Fire & Ambulance Contract Committee will be meeting with Brant and Farnham Fire Chief?s in the near future. Energy Committee: Solar Panels are installed and new update on net-metering and municipalities using solar power. Energy Fair scheduled for September 20th at the Brant Fire Hall Meeting will be held to organize event etc. on July29th - 7:00 PM @ the Senior /Community Bldg. Pero commended Bill Henry for all his work concerning energy resourses for the Town and all his lobbying concerning laws pertaining to energy. Refuse Committee (Kujawinski & Turner) will need to start as we have a one year contract ? Kujawinski stated that he has spoken with Westfield and is meeting with them ? Turner mentioned problems with large items being picked up. Village of Farnham is involved with contract also. Town Hall Committee: Comm. had meeting on June 30nd and will be meeting Monday July 14th. A feasibility study has been approved to consider the use of property on Erie Road for a new town and village hall. Other Reports: Surfside Right of Way: Grennell ? nothing new Parks Commissioner Pero: reported that 120 children are already in attendance and are having a great time. Pero also reported that Lake Shore Youth Football would like to put up large field lights in park. Gier stated we reviewed this a few years ago and it was not feasible due to electric supply and LSYF was to do a mechanical and electrical engineering study to show safe installment etc. and town liability but the study was never done. Supervisor Pero moved for adoption of the following 235, seconded by Councilman Turner. 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays 235 RESOLVED: Supervisor Pero will work with Lake Shore Youth Football to compile and present a study (mechanical engineering, electrical engineering, and insurance issues) for feasibility of lights at park at no cost to the Town. Supervisor Pero will arrange for demonstration during recreation to consider a skate park for the park expansion project. Highway Superintendent: All is well ? Fullone questioned high grass in ditches along county roads. Board members have been persistent about requests to county but to no avail. Town Board Reports: Turner: Reported her attendance at a North Collins Board Meeting where Bob Reynolds recognized Brant and Bill Henry for installation of solar panels by Solar Liberty, and more. Turner spoke concerning shared services and promoting NFTA bus service on Route 62. Gier: Tennis courts turned out well Kujawinski: Vouchers are looking better ? less problems and questions. Questioned amount paid to Gryska as amounts on vouchers have varied each month. Check with Gryska. Pero: CDBG project with Farnham ? waiting for contract. Town Park Expansion: Access from 249 to millings is done and parking lot for LSYF is almost done and will accommodate about 100 cars. Walking path will be done next; Local 17 is doing a great job and the town is saving a lot of money. Extra dirt will be distributed throughout park. Senior Community Building ? waiting for video hookup of equipment for power point. Sidewalk starting tomorrow, police vehicles will be ordered. Worker is doing tables and now has to work around recreation and rentals. Senior pool program with silver sneakers was not feasible for cost. Water Project ? North Collins is continuing study. We need to look at the recreation building as we have issues with the gym. Boys and Girls Club next meeting at Most Precious Blood. Energy projects - windmill study is ongoing, solar panels are installed on highway and very soon on Brant Fire Dept building. New Town hall committee has been meeting and is having a feasibility study and shared incentives looked into with village. Applied for phase 2 of Park expansion grant asking for extension of walking path, shelters, frills, new access road from rear of park, exercise stations, and if we do not receive grant we will budget for some of these items next year. Town equipment needs to have labels (painted, magnet) identifying ownership. Fullone and Kujawinski will work on this. Pero: correspondence & meetings: Correspondence from Taste of Evans, NYS environmental Conservation ? beetle invasion, Chamber of Commerce ? What?s Happening Councilman Gier moved for adoption of the following 080708-235, seconded by Supervisor Pero. Roll Call Vote: Gier ? aye, Pero-aye Turner - aye, Fullone-aye, Kujawinski- aye. 5 Ayes, 0 Nays, 0 Abstains 080708-235 RESOLVED TO APPROVE ABSTRACT 7 0F 2008 FOR PAYMENT General Fund Town wide Vouchers: pre paid #219-229,257,262 unpaid 230-256,258-261,263-270 Deleted 255 Totaling: $41,759.70 General Fund Part Town Vouchers: #13 to be paid Totaling: $31.58 Highway Town wide Vouchers: unpaid 65-69 Totaling: $4,624.97 Highway Part Town Vouchers: pre paid #14-15 unpaid #16-19 Totaling: $ 7,357.97 Street lighting Voucher: pre paid 6 Totaling: $1985.09 2008 Capital Project Park Expansion Vouchers: #2-5 Totaling: $2983.14 General Town wide Payroll- 5/25-6/27 Totaling: $26,058.61 General Part Town Payroll 5/25-6/27 Totaling; $ 554.40 Highway Payroll Part Town 5/25-6/27 Totaling: $7,634.11 Recognized Privilege of the Floor: Letter from Debra Ritz: Pero addressed the following issues in letter: Questions Police Commissioner appointment ? duties etc. Pero quoted Town Law 150. Tax reassessment contract - who is to sign, some discussion followed as the memorandum of understanding is what hasn?t been signed and yes contract was signed, Pero stated he would be addressing the assessment issue shortly. Question of Police Officer training for all ? all officials are given the opportunity to go for training and all are encouraged. Recreation: questions - civil service approved appointments head lifeguard changed to lifeguard but paid more. Question of special investigator for recent police car accident? police commissioner appointment. Questions on privilege of floor ? Pero thanked Ritz for comments and following resolution rules. Discussion followed concerning if executive session is warranted prompted by Kujawinski ? Attorney Grennell stated opinion which if no action is taken then its? okay to go to executive. Supervisor Pero moved for adoption of the following 236, seconded by Councilman Turner. Roll Call Vote: Pero-aye, Turner-aye, Fullone-aye, Gier? aye, Kujawinski-nay. 4 Ayes, 1 Nays, 0 Abstains 080708-236 RESOLVED: for the Board to retire to executive session to discuss appointments and removals within the Police Department and Assessor?s Department @ 9:12 PM. Councilman Kujawinski moved for adoption of the following 237, seconded by Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 237 RESOLVED: for the Board to close executive session @ 9:29 PM. Councilman Gier moved for adoption of the following 238, seconded by Councilman Turner. Roll Call Vote: Gier ? aye, Turner - aye, Fullone-aye, Pero-aye, Kujawinski- aye. 5 Ayes, 0 Nays, 0 Abstains 080708-238 RESOLVED: send out canvass letters to the applicants who placed top seven in recent exam and to have them returned to the town by July 26 for set up of interviews. The canvass letter is to state the position of police chief for 30 plus hours per week and pay to be between 30-36 thousand dollars depending on credentials and experience. Supervisor Pero moved for adoption of the following 239, seconded by Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 239 RESOLVED: TO ADJOURN THE JULY 8th, 2008 MEETING OF THE BRANT TOWN BOARD AT 9:33PM Respectfully submitted, Thea A. Ells, Brant Town Clerk