Minutes: Town Board Meeting Tuesday June 9th, 2009, at 7:30 PM, -Brant Town Hall. Public Hearing for Proposed Local Law #2 of 2009.
Present: Supervisor Leonard Pero, Councilman Roseann Turner, Councilman Daniel Kujawinski, Councilman Vincent Fullone, Attorney John Grennell, Recording Secretary: Town Clerk Thea Ells Absent: Councilman Jeffrey Gier
Record of Sign In: Lee Brunelli, Jean Brunelli, Joseph Giambrone, Charles Arrigo, Brian Rott, Debra Ritz, Joseph Gardyjan, Brian Campbell, Linda Crouse, Ron Kobel, Marcy Muffoletto, Chad Kaczmarek, William Easterling, Paul Schlegel, Mike Muffoletto
Workshop was held before this meeting at 7:00 pm.
The meeting was called to order by Supervisor Pero at 7:30 PM with a pledge to the flag.
Councilman Turner moved for adoption of the following motion #192, seconded by Councilman Kujawinski: 4 ayes: Pero, Turner, Kujawinski, Fullone. 0 nays
# 192: RESOLVED: TOWN BOARD MEETING MINUTES FROM MAY 12 MEETING ARE APPROVED AS PRESENTED (correction to page 88 - poured, page 86 additional $3.25)
Councilman Turner moved for adoption of the following motion #193, seconded by Supervisor Pero. 4 ayes: Pero, Turner, Kujawinski, Fullone. 0 nays
# 193: RESOLVED: TOWN BOARD MEETING MINUTES FROM APRIL 28 MEETING ARE APPROVED AS PRESENTED
Councilman Turner moved for the adoption of following motion #194, seconded by Councilman Fullone. Pero, Kujawinski, Tuner, Fullone 4 ayes: 0 nays
#194: RESOLVED SUPERVISORS APRIL 2009 FINANCIAL REPORT IS APPROVED AS PRESENTED
Supervisor Pero moved for adoption of the following motion #195, seconded by Councilman Kujawinski. A roll call vote was taken: Pero-aye, Kujawinski-aye Turner ?aye, Fullone, 4 ayes, 0 nays
#195: RESOLVED TO APPROVE THE FOLLOWING BUDGET MODIFICATIONS AS RECOMMENDED BY THE TOWN ACCOUNTANT AS PRESENTED
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund Townwide (A)
$ 2,260.00 Increase A510 2009 Estimated Revenues
$ (2,260.00) Increase A960 2009 Appropriations
$ 2,260.00 Increase A3021 State Aid-Justice Court Grant
$ (2,260.00) Increase A1110.22 Muni Court-Grant Equip & Cap Out
To increase the 2009 Budget and related revenue and expenditure accounts to record the
State grant received for the purchase of two new copy machines.
Councilman Kujawinski moved for adoption of the following motion #196, seconded by Councilman Turner: 4 ayes: Pero, Turner, Kujawinski, Fullone. 0 nays
#196 RESOLVED: TOWN CLERK?S APRIL 2009 & MAY TAX COLLECTION FINANCIAL RECONCILIATION REPORTS BE ACCEPTED AS PRESENTED
Councilman Turner moved for adoption of the following motion #197, seconded by Councilman Fullone. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
#197: RESOLVED: 2009 MAY JUSTICE GUGINO & JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED
Councilman Fullone moved for adoption of the following motion #198, seconded by Councilman Kujawinski 4 ayes: Pero, Turner, Kujawinski, Fullone 0 nays
#198 RESOLVED: MAY 2009 CODE ENFORCEMENT OFFICER REPORT AS PRESENTED
Councilman Kujawinski moved for adoption of the following #199, seconded by Councilman Fullone. 4 ayes: Pero, Kujawinski, Turner, Fullone 0 abstain
#199: RESOLVED: MAY 2009 DOG CONTROL OFFICER?S ACTIVITY REPORT AS PRESENTED
Discussion concerning SPCA ending contract with Town which Supervisor received. Option is Town having a municipal shelter or Dog Warden Kennel which will be inspected and approved by NYS Ag & Markets. Barb Daniel, DCO, has area and kennel and wood ? she needs assistance finishing fence & area. The town will be approving new policy to accommodate costs for pick up and kennel fees, insurance requirements will be reviewed by Attorney.
Supervisor Pero moved for adoption of the following #200, seconded by Councilman Fullone. 4 ayes: Pero, Turner, Kujawinski, Fullone.
#200: RESOLVED: TO APPROVE THE BUILDING OF A KENNEL AT THE HOME OF THE PRESENT DCO, PENDING PROPER INSURANCE COVERAGE AND APPROVAL OF AG & MKTS.
Councilman Fullone moved for adoption of the following #201, seconded by Supervisor Pero. 4 ayes: Pero, Turner, Kujawinski, Fullone.
#201: RESOLVED: MAY 2009 POLICE ACTIVITY REPORT BE ACCEPTED AS PRESENTED
Board members asked for different numbering of vehicles as tracking invoices, etc. is difficult with two vehicles with the same number.
Councilman Kujawinski moved for adoption of the following #202, seconded by Councilman Turner 4 ayes: Pero Gier, Kujawinski, Turner. O nays
#202: RESOLVED: MAY TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED AS PRESENTED
No Planning Board meeting in May
Acknowledgement of Dignitaries and Invited Guests: None
OLD BUSINESS:
Summerfest Sunday June 21st
Summerfest Organizer Marcy Muffoletto spoke to the Board and audience concerning the Summerfest, she announced that part of the proceeds will go to Operation Good Neighbor and announced an advertisement booklet which will also raise money. Marcy invited all Town officials to participate in Parade.
8:00 PM PUBLIC HEARING FOR PROPOSED LOCAL LAW # 2 OF 2009
Clerk Thea Ells read and verified the following notice was published in the SUN and posted in the Brant Town Hall, on the Brant web site, and Area Post Offices:
NOTICE IS HEREBY GIVEN that there has been presented to the
Brant Town Board, Erie County, New York, Proposed Local Law # 2 of the year 2009,
This is the full text: BRANT ZONING ORDINANCE AMENDMENT TO 161-16 A. Agricultural District
Permitted Accessory uses:
(B) Permitted accessory uses:
(10)Parking of a commercial vehicle, defined as more than 25 feet long and/or 12,000 pounds in weight, registered and insured as required for highway operation and placed not closer than 100 feet from the center line of the closest public highway and not closer than 30 feet from the nearest property line.
(C) Special Permit Use:
(2) Parking of more than one commercial vehicle as defined in 161-16 (B) (10) and subject to the same restrictions contained in said section.
NOTICE IS HEREBY GIVEN that the Brant Town Board will conduct a public hearing on the aforesaid local law at the Brant Town Hall, 1294 Brant-North Collins Road, Brant, New York on Tuesday the 9th day of June 9th, 2009 at 8:00 P.M. Local Time. All interested parties will be given an opportunity to be heard.
Dated: 5-22-09By order of the Brant Town Board Thea Ells, Brant Town Clerk
Town Clerk also verified the following was sent:
RE: Public Hearing Notification ? Land Use Action
To Whom It May Concern: Attached you will find a Legal Notice for a Public Hearing concerning land use action in the Town of Brant. Proposed Local Law #2 of 2009 is being presented to the public at the next regularly scheduled Town Board Meeting. According to General Municipal Law Section 239-nn there is a requirement that municipalities notify the clerk of an adjacent municipality of zoning changes that are proposed for property within 500 feet of the municipal boundary. Please make copies and distribute to your Town Board, Village Board and Planning Board members so they can be aware of this amendment to our Agriculture Zone, permitted accessory uses, which is within 500 feet of your boundary with the Town of Brant. If you have any questions or concerns, please do not hesitate to call my office. Sincerely, Thea A. Ells Brant Town Clerk
Enclosure
CC: Erie County Dept. Environment & Planning
New York State Parks (Evangola State Park)
Town of Evans
Town of North Collins
Town of Eden
Village of Farnham
Village of North Collins
Clerk added that Erie County Planning sent a response via fax just before meeting- copied to all board members.
Supervisor Pero stated Public Hearing OPEN:
Councilman Fullone requested that the weight description for a commercial vehicle be changed to 25,000.00 lbs.
Supervisor Pero read from letter received from Erie County Planning and Councilman Turner reviewed comments in letter.
Mayor Mrozek Village of North Collins, spoke on his concerns with the weight of vehicles on Village roads.
Councilman Kujawinski moved to adopt the following #203, which was seconded by Supervisor Pero. 4 ayes: Turner, Pero, Kujawinski, 0 nays
#203: RESOLVED: TO CLOSE THE PUBLIC HEARING @ 8:15 PM.
SEQR: Attorney Grennell reviewed his process for filling out the short form SEQR line by line with the Board members.
Councilman Kujawinski moved for adoption of the following #204, seconded by Councilman Turner. Roll Call Vote: Kujawinski- aye, Turner- aye, Pero-aye, Fullone ? abstain, 3 Ayes, 0 Nays, 1 Abstains
#204: RESOLVED: The Town as lead agency authorizes the Supervisor to sign the short form SEQR
Supervisor Pero moved for adoption of the following #205, seconded by Councilman Turner. Roll Call Vote: Pero-aye, Turner- aye, Fullone ? abstain, Kujawinski- aye 3 Ayes, 0 Nays, 1 Abstains
#205: RESOLVED: TO ADOPT THE FOLLOWING LOCAL LAW #2 OF 2009
Local Law #2 of 2009
AMENDMENT TO 161-16 BRANT ZONING ORDINANCE
(B) Permitted accessory uses:
(10) Parking of a commercial vehicle, defined as more than 25 feet long and/or 25,000 pounds in weight, registered and insured as required for highway operation and placed not closer than 100 feet from the center line of the closest public highway and not closer than 30 feet from the nearest property line.
(C) Special Permit Use:
(2) Parking of more than one commercial vehicle as defined in 161-16 (B)
(10) and subject to the same restrictions contained in said section.
Acknowledgement of Dignitaries and Invited Guests:
Mayor Rrozek, Village of North Collins is anticipating meeting with the full board to review analysis information and future long term plans for water distribution.
LSYF Concession Stand
LSYF volunteers will be working under LSYF insurance and John Killian Builders insurance and board members discussed the agreement between LSYF and the Town for use, maintenance, etc for the building. Attorney Grennell said there were some minor modifications to the agreement; all have received final copy to sign.
Councilman Kujawinski asked for confirmation that all permits have been acquired and completed. Brecker not present Pero believes all has been done but will check with Brecker. LSYF C. Kazmarek affirmed all permits done.
Councilman Fullone moved for adoption of the following #206, seconded by Councilman Kujawinski. Roll Call Vote: Fullone ? aye, Kujawinski- aye, Turner- aye, Pero-aye, 4 Ayes, 0 Nays, 1 Abstains
#206: RESOLVED: TO APPROVE SUPERVISOR TO SIGN AGREEMENT WITH LAKE SHORE YOUTH FOOTBALL FOR CONCESSION STAND
Discussion of donation of lights and bleachers for football field ? Killian Builders and Tri Sate rigging, would assist and Pero stated according to our insurance agent if board passes as acceptable to place then it would be covered under insurance as it would then be Town property. Eight poles with 32 lights at 55 ft high. All costs would be covered by LSYF.
Possible cost of concrete for pole placement will be covered by town.
Supervisor Pero moved for adoption of the following #207, seconded by Councilman Turner. Roll Call Vote: Pero-aye, Turner- aye, Fullone ? aye, Kujawinski- aye, 4 Ayes, 0 Nays, 0 Abstains
#207: RESOLVED: TO APPROVE PLACEMENT OF EIGHT POLES WITH 32 LIGHTS AND BLEACHERS TO BE GIVEN TO TOWN PER INSURANCE COVERAGE AND MEMORANDUM OF UNDERSTANDING AND CEO APPROVAL.
Discussion of moving old back stop to another area to make room for another football field and or soccer field.
Supervisor Pero moved for adoption of the following #208, seconded by Councilman Fullone. Roll Call Vote: Pero-aye, Fullone ? aye, Turner- aye, Kujawinski- aye, 4 Ayes, 0 Nays, 0 Abstains
#208: RESOLVED: TO MOVE OLD BACKSTOP TO ANOTHER LOCATION ? NEAR STOP SIGN REAR OF PARK FOR ANOTHER FOOTBALL FIELD AND OR SOCCER FIELD.
Wind Energy: Public meeting will be held Wednesday June 10th at the Senior Community Building at 7:00 pm.
Pool House Roof:
Discussion of cost of replacing rubber roof on pool house. Joe Giambrone reported that he patched all the areas on the roof and Pero stated we could budget for replacement next year as cost will be approximately $18,000.00.
Code of Ethics:
Board has not met, Attorney Grennell had the Town Clerk distribute a letter to the Board members and they are working with the Attorney to set up a meeting date.
NEW BUSINESS:
Recreation/ Pool appointments
The following names have been submitted to the Brant Town Board for approval for the summer of 2009 Recreation attendant and lifeguard positions. The interview committee took part in the selection from the list of applicants. It is my recommendation that the following be hired for the summer of 2009. Thank you, Vincent Fininzio Jr.
Amber John Dana Waring Charley Arrigo Megan Hughes
Michael Waring Mark Trask Debbie Mardino Joe Bellanti
Kaileigh Hubbard Eric Rosiek Maria Vayo Joe Viapiano
Caroline Grennell Rick Hubbard Meghan Granich Edward Novara
Amanda Barratt
The following will be working M-W-F/ T-Th
Josh Karter Samantha Dawley Matt Kennedy Cindy Nelson
The following will be the 2009 Junior counselor: Zach Browning
The following are the selected applicants for the lifeguard positions:
Michelle Loomis Tony Puntillo Caroline McCabe Samantha Timm
Bethany David Tara Sager Kyle Sager Laura Zailac
Ryan Turner (Pool Supervisor)
Supervisor Pero moved for adoption of the following #209, seconded by Councilman Fullone. Roll Call Vote: Pero-aye, Fullone ? aye, Kujawinski- abstain, Turner- abstain, 2 Ayes, 0 Nays, 2 Abstains final vote after discussion
#209: DEFEATED: TO APPROVE THE APPOINTMENTS OF THE ABOVE LIST OF ATTENDEES AND LIFEGUARDS
Supervisor Pero stated that he was invoking the law of necessity for the good of the recreation program so that all members can vote.
REVOTE:
Supervisor Pero moved for adoption of the following #210, seconded by Councilman Fullone. Roll Call Vote: Pero-aye, Fullone ? aye, Kujawinski- abstain, Turner- aye, 3 Ayes, 0 Nays, 1 Abstains
#210: RESOLVED: TO APPROVE THE APPOINTMENTS OF THE ABOVE LIST OF ATTENDEES AND LIFEGUARDS
Pool Hours fee?s, and open and close dates:
Supervisor Pero read the fees from last year: Splash Pool ? Free; $2.50 for an individual day pass, Individual Season Pass $25.00, Family Season Pass $80.00 for up to four add $25.00 each additional; Senior Citizen pass $15.00 Discussion: College students need to be back to college earlier than Labor Day
Councilman Kujawinski moved for adoption of the following #211, seconded by Councilman Fullone 4 ayes: Pero Gier, Kujawinski, Turner. O nays
#211: RESOLVED: FEES TO REMAIN SAME AS LAST YEAR: Splash Pool ? Free; $2.50 for an individual day pass, Individual Season Pass $25.00, Family Season Pass $80.00 for up to four add $25.00 each additional; Senior Citizen pass $15.00
Supervisor Pero moved for adoption of the following #211, seconded by Councilman Fullone 4 ayes: Pero Gier, Kujawinski, Turner. O nays
#211: RESOLVED: 2009 - Pool Hours will be June 29th through August 23rd with consideration of Health Dept approval to open and availability of lifeguards. Mon., Tues Thurs., Fri. open 3:00 PM ? till 7:00 PM and Wed., Sat, Sun., 11:00 AM till 7:00 PM
Councilman Kujawinski moved for adoption of the following #212, seconded by Councilman Fullone Roll Call Vote: Kujawinski- aye, Fullone ? aye, Turner- aye, Pero-aye, 4 Ayes, 0 Nays,
#212: RESOLVED: TO APPROVE BUS DRIVERS DOREEN CHENEY AND LINDA BANTLE $49.34 A REGULAR DAY AND $120.94 FOR FIELD TRIPS.
Request Hours for Court Clerks:
Town Board received request from Judge Gugino and Judge Crouse concerning more hours for court clerks ? one and a half more hours per day. Discussion of amount of hours and if they would be working full time to receive benefits. Pero stated they are at exempt status from civil service and can work any hours up to forty. Judge Crouse stated they would definitely work under forty hours per week.
Supervisor Pero moved for adoption of the following #213, seconded by Councilman Fullone. Roll Call Vote: Pero-aye, Fullone ? aye, Turner- aye, Kujawinski- nay,
3 Ayes, 1 Nays,
#213: RESOLVED: to increase court clerk hours by one and one half per day five days a week ? clerks will not work forty hours per week
Phase II Park Project:
Supervisor Pero read from a letter received from the NYS Office of Recreation and Historic
Preservation stating a matching grant of $75,000.00 has been reserved from the Environmental Protection Fund for the Brant Town Park Rehabilitation and Enhancement Project Phase II. The Town will receive a contract and shall not take any action of grant work till appropriate conditions have been satisfied.
Peddlers Permit:
Supervisor Pero received an e-mail from Sarah B. concerning acquiring a peddler?s permit ? Town Clerk informed Board that an application was given to applicant but none received by Town Clerk, according to Brant Code Book the application has steps to follow before application is considered by the Board. No action.
Meetings:
June 10th is a public information meeting on the Town?s Wind Energy Survey
July 16the will be a meeting concerning Route 5 & 20 Economic Study.
June 8th New Town Hall Committee met, new drawings, loan information reviewed.
Committee?s/Board members:
Turner & Fullone working on Employee handbook
Kujawinski reported on Route 249 and informed Board that depending on funds NYS will be widening road and doing ditches and new surface. Pero added information on getting millings from projects.
June 18th Brant will be hosting the Erie County Association of Governments dinner meeting
Town officials & workers are invited.
Brant Senior Recreation meetings reviewed by Pero.
Highway: Blacktop on Hammond ? request for mulch near buildings especially Town Hall
South west Regional Water: Proposed water report for funding ? copy will be given to other board members
Regional Bike Route information letter read
National Grid letter concerning net metering ? not available at this time
Office of Real Property letter congratulating Town of 100% Assessment
Highway ? Giambrone reported Beaver issue ? dealt with DEC and has approval
Rural Transit is in need of volunteers.
June 23rd will be a joint meeting with area municipal board members and school board members.
Announced a hazardous drop off for materials sponsored by Erie County
Pero reported he attended 17 meetings in May.
Supervisor Pero moved for adoption of the following #214, seconded by Councilman Turner. Roll Call Vote: Pero-aye, Turner- aye, Fullone ? aye, Kujawinski- aye, 4 Ayes, 0 Nays, 0 Abstains
#214 RESOLVED TO APPROVE ABSTRACT 6 0F 2009 FOR PAYMENT
Abstract 6 0f 2009
Prepaid and unpaid as of June 9, 2009/ corrected 7/7/09
General Fund Town wide Vouchers prepaid 185-189/Unpaid 190-245 / Totaling: $36,966.81
General Fund ? Part Town No Pre Paid / Paid14-17 Totaling: $11,646.35
Highway Fund T.W. Vouchers prepaid None / Unpaid 50-56 Totaling: $1,560.26
Highway Part Town Vouchers: prepaid: 9-10 / Unpaid 11-12 Totaling: $2,901.14
Street lighting ? Voucher #5 unpaid Totaling $1,681.43
Brant Water District 1 ? Voucher #4 unpaid Totaling: $16,110.00
08/09 CDBG Rt 5 Study ? Voucher #4 unpaid, Totaling: $4,050.00
Highway Payroll PT 4/26 to 5/29/09 Totaling: $7,132.95
Highway Payroll TW 4/26 to 5/29/09 Totaling: $537.81
General Town Wide Payroll 4/26 to 5/29/09 Totaling $26,641.35
General Part Town Payroll 4/26 to 5/29/09 Totaling $554.40
Please Note: Vouchers denied: None
Recognized Privilege of the Floor: None rec?d
Clerk asked for verification that she gave the Board copies of a resolution from Alden and correspondence from a resident, Pero said resident not here to address.
Councilman Kujawinski moved for adoption of the following motion #215, seconded by Councilman Turner. 4 ayes: Pero, Fullone, Kujawinski, Turner. O nays
#215 RESOLVED: to retire to executive session for discussion of personal and legal opinion at 9:20 pm
Supervisor Pero moved for adoption of the following motion #216, seconded by Councilman Turner. Roll Call Vote: Pero ? aye, Turner- aye, Fullone- aye, Kujawinski- aye. 4 ayes, 0 nays
#216 RESOLVED: to return from executive session at 9:55 pm
Councilman Kujawinski moved for adoption of the following #217, seconded by Councilman Fullone. 4 ayes: Pero, Kujawinski, Fullone, Turner 0 nays
#217 RESOLVED: TO ADJOURN THE JUNE MEETING OF THE BRANT TOWN BOARD AT 10:05 PM
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
