Board Minutes for Mtg 8/10/10

Minutes: Town Board Meeting Tuesday August 10, 2010 at 7:30 PM, Brant Town Hall

Present: Councilman Jeffrey Gier, Councilman Vincent Fullone Councilman Clark Borngraber, Deputy Supervisor Donald Clark, Deputy Town Clerk Barbara Daniel

Record of Sign In: Lee Brunelli , Joe & Lynda Ostrowski, Ron Kobel, Brian Rott, Debra Ritz , Sam Chiavetta, Jr., George Cordia, Janet Bowman, Beverly Wasmund, Cynthia Smith, Brian Campbell, Martin Rosiek, James George,  Ellsworth Nolan, Donna Marien, Charles Arrigo, Joseph Giambrone, William Easterling, Chad Kaczmarek.

Clerks note: Town Board members met at 7:00 PM for workshop, no motions made during the workshop. 

The meeting was called to order by Deputy Supervisor Donald Clark at 7:30 PM with a Pledge to the flag.

Deputy Supervisor Donald Clark stated that if the statement on June 8, 2010 hasn・t been changed per the request of Supervisor Pero, the minutes will not be approved.  The statement in question regarded the inclusion of the Hamburg Sun・s statement that Councilman Kujawinski stated that he didn・t know how much the Attorney was going to cost.   The Recording Secretary had revisited the recording and reiterates that Councilman Kujawinski never stated that he didn・t know.  She elaborated to that effect in the June 8th minutes.  Deputy Supervisor Donald Clark added that the minutes cannot be approved without the correction per Pero.  Motion #217  to Table approval of June 8th minutes and approve June 22, July 13 and July 20 minutes came from Councilman Gier and was seconded by Councilman Fullone. 3 ayes: Gier, Fullone and Borngraber. 0 nays 
#217: TABLED: Approval of Town Board Meeting Minutes from June 8, 2010 And approval of June 22, July 13 and July 20, 2010 Minutes until the Setember 2010 TB Mtg.  

Councilman Fullone moved for the adoption of the following motion #218, seconded by Councilman Gier 3 ayes: Gier, Fullone, and Borngraber. 0 abstain 0 nays
#218: RESOLVED: To Approve Supervisors June 2010 Financial Report Is Approved As Presented

Budget modifications: None

Councilman Gier moved for adoption of the following motion #219, seconded by Councilman Borngraber 3 ayes: Gier, Borngraber, Fullone. 0 nays
#219: RESOLVED: Town Clerk・s June 2010 Financial Reconciliation Reports Be Accepted As Presented.  Tax Receivers closing report will be available at September Mtg.

Councilman Gier moved for adoption of the following motion #220, seconded by Councilman Fullone. 3 ayes: Gier, Fullone, Borngraber. 0 nays
#220: RESOLVED: Justice Gugino / Justice Crouse  June 2010 Financial Reconciliation Report (Bail & Regular) Be Accepted

Discussion with Code Officer Gary Brecker regarding Playground inspections.  This is out of his jurisdiction.  Also, per Insurance risk assessment, more mulch needed around swings, railings to be put on bleachers, and pegs holding plastic ground border need to be covered better as they stick up 1/2;.  

Also CEO discussed Family Life Radio Network (a religious organization) seeking to erect a 300 ft tall radio broadcasting tower in Brant.  CEO requested clarification on fees for non-profit organizations that are usually not charged by other towns.  Attorney Trask asked him to be more specific advising CEO to not set a precident by stating the no fee policy as if it were standard in the Town of Brant.  He added that these fees must bear a relationship to the amount of work that has to go into them such as preparation for review boards, etc.  Attorney Trask asked CEO to provide the Board with current legislation used by other Towns so that a formal request can be made to the Planning Board to review these laws for Brant.

CEO then asked the Board to approve the modification without ground changes to the cell tower on Mileblock.  Trask stated this is the first he heard of this application and that he needed more time. He also advised that since a permit was being issued, there would need to be a Public Hearing.
Councilman Gier moved for the adoption of the following motion #221, seconded by Counciman Fullone.  3 ayes: Gier, Fullone, Borngraber  0 nays.
#221: RESOLVED: Table approval of AT&T application to modify an existing Cell Tower with new antennae, without height changes.

Councilman Gier moved for adoption of the following motion #222, seconded by Councilman Fullone 3 ayes: Gier, Fullone and Borngraber. 0 nays
#222: RESOLVED: July 2010 Code Enforcement Officer Report Be Accepted As Presented.  July Summary:  Construction Inspections: 5, Playground Inspections: 1, Building Permits issued: 7.

Councilman Fullone moved for adoption of the following #223, seconded by Councilman Gier,  3 ayes: Fullone, Gier, Borngraber. 0 nays
#223: RESOLVED: July Dog Control Officer・s Activity Report Be Accepted As Presented Summary: June: Dogs calls: 6, Kennel days:8, Dogs kenneled: 4 Court cases: 3, Stray dogs: 4, Dog Bites: 1 
DCO Daniel notified Board of meeting scheduled between Town Attorney and DCO Liaison Councilman Kujawinski review the new laws effecting dog control.  Their meeting was held  Wednesday, July 21st at 7pm.  Town Attorney Trask addressed Board with concerns about liability issues about the way dogs are being housed without a current contract for the DCO, and wished to address this in executive session.  He also let the Board know that a tool kit would be sent to each Town to help with the transition and that a portion of each license will still go to the state.

Councilman Borngraber moved for adoption of the following #224, seconded by Councilman Gier. 3 ayes: Borngraber, Gier and Fullone. 0 nays
#224: RESOLVED: July 2010 Police Activity Report Be Accepted As Presented Summary: 5290 miles patrolled, fuel usage 365.8 gals,  Arrests: Felony: 3, misdemeanor: 11, V&T:168 , Fire calls: 4, First Aid calls 4, Criminal complaints: 15, etc

Councilman Gier moved for adoption of the following #225, seconded by Councilman Borngraber. 3 ayes: Gier, Borngraber, Fullone. 0 nays
#225: RESOLVED: JUNE TOWN CLERK CASH REPORT:  Total monies rec・d - $16,320.92, Town share $15,853.47 Erie County $44.65, NYS Comptrollers, NYS Health $ NY State Ag & Mkts $18.00, NYS DECALS $54.80, Security Deposits rec・d $350.00 
Tax Collection: Full and Final Report to be submitted at September TB Mtg.

Planning Board Report: Martin Rosiek spoke that since the Planning Board had no clear direction as to a current park plan, the Board was unable to present an opinion.  Attorney Trask corrected Rosiek by stating that the Planning Board minutes reflected that the Board recommended a Moratorium on new building in the Park until a plan could be reviewed.  Councilman Borngraber stated he didn・t think making LSYF wait until one is completed before building would be reasonable, although he added that a plan would be a good idea.

Councilman Borngraber moved for adoption of the following #226, seconded by Councilman Gier. 2 ayes: Borngraber, Gier.  Fullone nay. 1 nays
#226: RESOLVED: Approval to accept the July 27 Planning Board Report as presented and the Approval of the August 3rd Special Planning Board Mtg Report

Fire Co. Reports: Gier Reported: For May, Farnham had 6 fires.  22 First Aid calls. For July Farnham had 9 fires 19 First aid calls
Councilman Borngraber moved for adoption of the following #227, seconded by Councilman Fullone. 3 ayes: Borngraber, Fullone, Gier  0 nays.
#227: RESOLVED: Approval of May and July Farnham Fire Co Reports. 

Brant School:
Deputy Supervisor Donald Clark addressed the Board regarding the meeting that is scheduled at the Senior Community Bldg for August 12 at 7:00 PM regarding the New Town Hall.
Attorney Trask updated the Board on his progess regarding the New Town Hall project:  He had received the updated Title document  and the title review should be completed within the next week or so. He addressed the issue of borrowing.  The BAN in the amount of $150,000 should be closing in the next week.  He is awaiting confirmation from John Connor that the interest rate of 2% on this one year loan is still the same as what was quoted on May 27.  

Lake Shore Youth Football Garage:  Discussion took place regarding garage.  Chad Kaczmarek stated that their contract with Killian Builders has been signed.  Attorney Trask stated that the License Agreement was the subject of discussion.  He received feedback from Councilmen Gier & Kujawinski and forwarded their requests to LSYF・s attorney.  He added that the Agreement was requested before building could begin.  Kaczmarek requested that the Board put something in writing stating that upon completion of the Agreement, construction can begin.  Trask asked if a site plan was given to the CEO.  Kaczmarek answered not yet, they didn・t want to invest more money than they already have ($2,000).  Trask informed him that a site plan is required prior to approval of the agreement.  Kaczmarek stated that he can have it to the CEO within a day or two.
Kaczmarek addressed the issues he was presented by the CEO regarding getting the bleachers to code.  Trask asked CEO Brecker if he was going to document that the Bleachers are complete according to code.  CEO Brecker stated he would be sure they were to code according to NYS Bldg & Fire prevention code.  He added that he could document, in writing, that all legal code requirements have been met regarding all the issues raised by a recent insurance risk assessment.
Kaczmarek stated that he would be sure that the entire Town of Brant is listed as the additional insured on the insurance paperwork, and not just the Park.  Councilman Fullone asked why the Board can・t just approve it tonight.  Trask answered that he had not yet heard back from LSYF・s Attorney regarding issues questioned by two Town Board members.  Issues such as the length of the license agreement and how much the Town will have to repay LSYF if the football team cancels their agreement during the term.  Other issues questioned by the two board members include: who will maintain the garage and concession stand?  LSYF wanted the Town to be responsible for maintenance.  The Town want LSYF responsible for maintenance.   These two Board members also want assurance that all Health Dept concerns regarding the concession stand have been addressed.  Issues such as the water supply for the concession stand, mentioned in CEO Breckers letter dated July 17, 2010.  After reviewing Trask・s copy of his letter, Brecker responded that LSYF didn・t need a sewage system because they were not putting restrooms in, at the time.  Fullone stated this is separate from what they are applying for now.  Kaczmarek responded that they are tied into the water from the Rec bldg and have no control over that water.  Kaczmarek added that he already has Health Dept approval for serving food as long as its cooked outside and served through the window.  He added that it・s the same permit as the one he was using with the old green dirt floor building which is now replaced by the new concession stand.   He added that since they have no restrooms, sewage treatment is unnecessary.  Their dish water goes to a grey water collection tank that they then pump out.  Its underground, the lid is right there for anyone to come and look at it.  The Health Dept doesn・t have a problem with it, but individuals do.  Trask replied that the Health Dept hasn・t been out to look at it.  Kaczmarek reiterated that they were out to look at it.  CEO Brecker said that if they have no restrooms, they need no sewage permit.  Brecker asked Kaczmarek if he has a new permit.  Kaczmarek said yes, and it is for the four home games that they will be holding.  He also wanted it known that other people can use the concession stand.  Borngraber noted that it appears the Town Attorney and LSYF・s attorney are unable to finalize the agreement.  He added that if they got together,.  He instructed Kaczmarek to have his people get together with the Town Attorney and finalize the agreement within the next two weeks, they should be able to get to work on it.  Kaczmarek responded that he didn・t want the concession stand to hold up the garage.  Trask stated that since the Agreement encompasses the Concession stand, it will hold it up until the Agreement is settled.  Borngraber suggested calling a special meeting.  Trask responded that perhaps the Agreement will be finalized by then once the Board has all the terms, they can vote on the project.  Trask questioned the repayment terms.  Kaczmarek answered that his attorney is worried that the Town might change their mind and in the middle of the Agreement and if so, LSYF should be repaid.  The amount was $18,000 to be paid back at a rate of $1,800/yr over 10 years.  Trask added that the Board wants the amount to be discounted given that the Town only charges $1.00/yr for the lease.  Trask made it clear that the Licensing Agreement is for the Concession Stand, Garage and the field lights that have not even begun construction on.  He asked Chad if his attorney was back in town yet.  The Board surmised that if all is finalized with the Agreement, they see no reason why the build will not be approved.
A special meeting will be called to vote on the permit.

Highway Truck: Councilman Fullone stated that he had a meeting with Joe Giambrone and Billy Wesp.  Together they drafted the required specs for the new Highway truck bid specs.  
Councilman Fullone moved for adoption of the following motion #228, motion seconded by Councilman Gier. Roll Call Vote: Fullone V aye, Gier V aye, Borngraber V aye 3 Ayes, 0 Nays, 0 Abstains 

DOG CONTROL: Already covered by DCO & Atty. Trask.

ELLIS ROAD BRIDGE: This project is scheduled this fall with $5,000 CHIP money

SALT SHED:  Joe Giambrone consulted Ward Weiser who quoted $800 to $1,000 to fix it.  Discussion on the method to be used for the repairs.  Councilman Gier insisted the Board receive description of the repairs to be done in writing.  The scope of work must be in writing.  Proof of insurance also required.

CDBG SENIOR FITNESS CENTER: Supervisor Pero is in the process of putting a plan together.   He had a meeting with the County and is moving forward.

LOTUS BAY DITCHES DUG ACROSS ROAD: Joe Giambrone spoke of 1・ deep and 1・ wide ditches that were dug across Lotus Bay Rd by a resident trying to slow down traffic claiming that the Association wanted him to do it.  Discussion that it is a private road.  Attorney Trask suggested the Board send a letter to the Association advising them that the ditches may impede access by emergency vehicles.  He stated that this will document the possible danger their ditches may have created. 

CREDIT CARD POLICY: Deputy Town Clerk advised Board that Town Clerk Thea Ells did not wish to maintain the Town Credit Card until a procurement policy was put in place.

BUDGET PLANNING / DEPT HEADS: Department heads are advised that they will be receiving a budget form to begin their budget request process.

Reports Of Committees/Projects/Town Board Reports

POLICE DEPT:  Councilman Fullone reported that Lieutenant Hepkins is requesting to purchase 3 used portable radios including batteries & chargers at the cost of $175.00/ea. And one vehicle radio to used as a base radio since the portables won・t work in the building.  All radios will comply with the new regulations (narrow band frequency).  He also needs 2 rip nylon transportation files for 49.00 each and 1 pair of leg irons at $34.99 with a total cost not to exceed $900.00.
Councilman Gier moved for adoption of the following motion #229, motion seconded by Councilman Fullone.  3 ayes, Gier V aye, Fullone V aye, Borngraber V aye 3 Ayes, 0 Nays, 0 Abstains 

Recreation Councilman Gier spoke that Recreation finished this week.  One Bus route was received by him.  Awaiting the other route.

COUNCILMAN BORNGRABER:  Nothing to Report on 

NYS Governor・s Traffic Safety DMV grant issued to Town of Brant $1,800 for traffic safety.
Computersearch.  Service fees will be increased for payroll.
Erie County Tobacco Free Coalition: Wants to involve Brant
Time Warner: informing Town of Brant about expiring agreement with local contracts (list 
	contained the different local agreements that are expiring.
Read from Evans/Brant Chamber of Commerce :What・s Happening August 2010;


PUBLIC HEARING SET:  Attorney Trask notified the Board that since a Permit is being applied for the Antennae Tower, a public hearing must be set.  
Councilman Gier moved for adoption of the following #230, seconded by Councilman Borngraber. Roll Call Vote: Gier- aye, Borngraber- aye, Fullone - aye, 3 Ayes, 0 Nays, 0 Abstains 
#230 RESOLVED to Hold a Public Hearing at 8:00 PM during the September regular Town Board meeting to hear the application of Black & Veach, as representative of AT&T  to modify an existing cell tower on Mileblock Rd.

ABSTRACT:  Councilman Gier moved for adoption of the following #231, seconded by Councilman Fullone. 3 ayes.  Gier V aye, Fullone-aye, Borngraber- aye, 3 Ayes, 0 Nays, 0 Abstains 

*Prepaid and unpaid as of August 9, 2010

Gen Fund Town wide Vouchers pd 272-283*,  unpd 284-322 (#282 voided) Totaling: $40,906.62 
Gen Fund V Part Town Unpaid 19 Totaling: $34.35
Highway Fund T.W.  Vouchers Unpaid 68-71 Totaling: $715.01 
Highway Part Town Vouchers: Prepaid 24-30, Unpaid 31-32  Totaling: $55,887.69
Fire Protection District: None
Street lighting V Voucher #7 Totaling $2,089.17
Highway Payroll PT 7/4/10 to 7/31/10 Totaling: $7,149.31
Highway Payroll TW 7/4/10 to 7/31/10 Totaling: $579.18
General Town Wide Payroll 7/4/10 to 7/31/10 Totaling: $55,988.55
	Included in the above GF T.W. Payroll
?X	Recreation Program Payroll = $20,520.00
?X	Pool Payroll = $6,468.73
General Part Town Payroll 7/4/10 to 7/31/10 Totaling: $571.38

* Various vouchers were approved by the Town Board at a special meeting held on July 20, 2010. 

Privilege of Floor:
Lee Brunelli asked if the Police Dept checks all Town Building doors at night to make sure they are locked securely.  He found the back door of the Senior Community Bldg open on Monday morning, which means it was open all weekend.  Lt. Hepkins answered that one officer found a window open in the school.  Police to check building doors thoroughly.  
Councilman Gier moved for adoption of the following #___, seconded by Councilman 
Fullone. 3 ayes: Gier V aye, Fullone - aye, Borngraber V aye.  0 nays
# 232 RESOLVED: To go into executive session for Contract Review and pending litigation at 9:08 PM
#233  Executive Session ended at unannounced time as follows:
Councilman Gier moved for adoption of the following #233, seconded by Councilman 
Fullone. 3 ayes: Gier V aye, Fullone - aye, Borngraber V aye.  0 nays

Councilman Gier moved for adoption of the following #234, seconded by Councilman 
Fullone. 3 ayes: Gier V aye, Fullone - aye, Borngraber V aye.  0 nays

Respectfully submitted,

Thea A. Ells, Brant Town Clerk