Minutes: Town Board Meeting Tuesday July 14th, 2009 at 7:30 PM Brant Town Hall. Present: Supervisor Leonard Pero, Councilman Roseann Turner, Councilman Jeffrey Gier Councilman Daniel Kujawinski, Councilman Vincent Fullone, Attorney John Grennell, Recording Secretary: Town Clerk Thea Ells Absent: Record of Sign In: Lee Brunelli, Jean Brunelli, Joseph Giambrone, Charles Arrigo, Brian Campbell, George Cordia, Christine Gierlinger, David Gierlinger 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 #218, seconded by Supervisor Pero: 5 ayes: Pero, Turner, Gier, Kujawinski, Fullone. 0 nays # 218: RESOLVED: TOWN BOARD MEETING MINUTES FROM JUNE 9 MEETING ARE TABLED AS PRESENTED (not complete till July 10th) Councilman Kujawinski inquired about permits for concession stand, CEO Gary Brecker stated he is working with Erie County Health Dept. for LSYF to obtain food service, electric permit has been completed and septic permit not complete. There was discussion of Insurance Certification and Clerk is asked to follow up, Thea confirmed to board that she has a certificate for Killian Builders for construction of building. Councilman Turner moved for the adoption of following motion #219, seconded by Councilman Kujawinski. Pero, Kujawinski, Gier, Tuner, Fullone 5 ayes: 0 nays #219: RESOLVED SUPERVISORS MAY 2009 FINANCIAL REPORT IS APPROVED AS PRESENTED Supervisor Pero moved for adoption of the following motion #220, seconded by Councilman Fullone. A roll call vote was taken: Pero-aye, Kujawinski-aye Turner ?aye, Fullone, 5 ayes, 0 nays #220: 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) $ 2,623.00 Decrease A1990.4 Contingent Account Contr Expend $ (2,623.00) Increase A1620.2 Town Hall Equip & Cap Out 2,623.00 To cover the cost of the new time clock installed in the Town hall $ 1,250.00 Increase A510 2009 Estimated Revenues $ (1,250.00) Increase A960 2009 Appropriations $ 1,250.00 Increase A3389.1 Governors Traffic Safety Committee STEP Grant $ (1,250.00) Increase A3310.2 Traffic Control Equip & Cap Out To increase the 2009 Budget and related revenue and expenditure accounts to record the grant received for the purchase of a Police Dept. radar gun. Councilman Kujawinski moved for adoption of the following motion #221, seconded by Councilman Gier: 5 ayes: Pero, Turner, Gier, Kujawinski, Fullone. 0 nays #221 RESOLVED: TOWN CLERK?S MAY 2009 FINANCIAL RECONCILIATION REPORTS BE ACCEPTED AS PRESENTED Councilman Gier moved for adoption of the following motion #222, seconded by Councilman Turner. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays #222: RESOLVED: 2009 MAY JUSTICE GUGINO & JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED Councilman Fullone moved for adoption of the following motion #223, seconded by Supervisor Pero. 5 ayes: Pero, Turner, Gier, Kujawinski, Fullone 0 nays #223 RESOLVED: JUNE 2009 CODE ENFORCEMENT OFFICER REPORT AS PRESENTED Board members questioned CEO on various properties that are scheduled for clean up, And/or are in violation and in court or scheduled to be cited. Councilman Gier moved for adoption of the following #224, seconded by Councilman Kujawinski. 5 ayes: Pero, Turner, Gier, Kujawinski, Fullone 0 abstain #224: RESOLVED: JUNE 2009 DOG CONTROL OFFICER?S ACTIVITY REPORT AS PRESENTED Board members reviewed lease/dog sheltering agreement and attorney Grennell stated he wanted to review but would suggest the board to authorize signing Councilman Gier moved for adoption of the following #225, seconded by Councilman Kujawinski. Roll Call Vote: Gier ? aye, Kujawinski- aye, Pero-aye, Fullone ? aye, Turner- aye, 5 Ayes, 0 Nays, 0 Abstains #225: RESOLVED: GIVING AUTHORIZATION TO THE SUPERVISOR TO SIGN LEASE/DOG SHELTER AGREEMENTS SUBJECT TO APPROVAL OF ATTORNEY, AND SHELTER APPROVED BY AG & MKTS., & LIABILITY INSURANCE. Councilman Gier moved for adoption of the following #226, seconded by Councilman Kujawinski. 5 ayes: Pero, Turner, Gier, Kujawinski, Fullone. #226: RESOLVED: TO APPROVE THE HIGHWAY DEPT DELIVER 5 TON OF SMALL STONE FOR KENNEL AT DANIEL RESIDENCE ON ROUTE 20, AT TOWN EXPENSE AND TO PROVIDE DOOR FOR KENNEL Councilman Kujawinski asked that the highway truck be used to pick up a dog kennel he has to donate to the kennel. Supervisor Pero moved for adoption of the following #227, seconded by Councilman Fullone. 4 ayes, Pero, Turner, Kujawinski, Fullone, 1 Opposed: Gier #227: RESOLVED: MAY 2009 POLICE ACTIVITY REPORT BE ACCEPTED AS PRESENTED Councilman Turner advised the Board that the older patrol car is now #72, this helps with identification for vouchers, mileage, etc. Councilman Gier moved for adoption of the following #228, seconded by Councilman Turner 5 ayes: Pero, Gier, Fullone, Kujawinski, Turner. O nays #228: RESOLVED: JUNE TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED AS PRESENTED No Planning Board meeting in June Acknowledgement of Dignitaries and Invited Guests: None ? Larsen Engineers (Ram Shrivastava & Bill Bastuk) New Town Hall Project They were unable to attend. OLD BUSINESS: Recreation: Supervisor Pero moved for adoption of the following #229, seconded by Councilman Fullone 5 ayes: Pero, Gier, Fullone, Kujawinski, Turner. O nays #229: RESOLVED: TO ADD AMANDA KENNEDY ON THE CIVIL SERVICE ROSTER AS A SUBSTITUTE LIFEGUARD Supervisor Pero informed Board members that the recreation program has 149 children enrolled and more are enrolling, 87 are residents - 62 non residents and 51 are using the bus. Note that minimum wage is going up by .10 cents. Project Updates: 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. Last grant for $50,000.00 matching is almost final, paperwork issues with Title insurance when land was purchased. Route 62 Water: waiting for information CDBG Route 5 & 20 meeting on July 7th discussion of Route 5 corridor, meeting at end of month CDBG Grant for Senior Fitness Center: details soon Energy Study: June 10th public informational meeting 501C3 Gathering information to USDA to enable organization to help local farmers with low interest loans New Town Hall: meetings held in June ? moving ahead Storm Water Drainage: Still issues on Milestrip Portable Classroom: pending Police Grants: pending Energy Fair: September 26 at Gilbert Lay Arena SIT: Southtowns Intercommunity Transportation NEW BUSINESS: Court Grant Resolution: The following resolution #230 was offered by Supervisor Pero of the Town of Brant, who moved its adoption: Whereas: The Justice Court Assistance Program was established by the New York State Legislator as an ongoing vehicle by which the State can assist Towns and Villages in the operation of their Justice Courts; Whereas: The State of New York Unified Court System is entertaining applications for the Justice Court Assistance Program with an August 1st, 2009 deadline; Be It Resolved: That the Town Board of Brant does hereby authorize Supervisor Pero to prepare, sign and submit a grant application entitled: NYS UNIFIED COURT SYSTEM JUSTICE COURT ASSISTANCE PROGRAM and if awarded, to be the official representative in connection with the application, providing any additional information, if required, and to fully comply with the execution of the contract. Resolution #230 was seconded by Councilman Gier and duly put a vote, as follows: Supervisor Leonard K. Pero Voting Aye Councilman Jeffrey Gier Voting Aye Councilman Vincent Fullone Voting Aye Councilman Roseann Turner Voting Aye Councilman Daniel Kujawinski Voting Aye Ayes: 5 Nays: 0 Absent: 0 Wind Energy: Public energy Survey completed and reported to public at meeting held on June 10th, Board members received summary letter from CRA outlining the next steps the Town would take if they are going to pursue this further. The goal was to identify alternative energy sources, to reduce costs to local tax payers. The results indicated the Town could benefit from wind energy development, and that the community may be willing to support a project if sufficient financial benefit to the town and/or individuals. Next steps should include contacting wind developers and start the planning and evaluation process, and if no interest is found possible host community agreement with a developer, due to economics it may have to be put on hold till economy improves. LSYF ? Town Park Last meeting Pero reported: (Killian Builders and Tri State 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.) This month: Poles were removed from Silver Creek but without the 5 foot poles, and trying to find alternate poles at little or no cost, LSYF found poles in Ohio for $400.00 each, Pero asked that Town pay $2,000.00 towards poles. Gier repeated that engineer plans, electric plans etc are needed. Kujawinski stated Master Plan for park has plans for underground electric and do we have plans for electric service to lights. Pero stated he would table his request for a special meeting. Time Clock: Leonard Pero, Michele Browning, Linda Crouse, David Hock attended training for use of time clock. Committee?s/Board members: Turner & Fullone working on Employee handbook: Turner states very legally cumbersome and Pero said possibly bid out to a professional company. Gier ? fueling system will be approximately 7,000.00 to $8,000.00 and questions if we shouldn?t find another approach. Kujawinski ? attended a joint meeting with Lake Shore school board along with board members from Evans, Angola, and Farnham, discussed various concerns. Spoke with representative from Senior Services for care givers class for lower income families in our area, looking for place to have class. Erie County Water Authority June meeting - suggest town have engineer look into alternatives. Blood Drive @ Holy Spirit, Thursday 7/16 1pm-6pm Pero ? stated a lot of alternatives were looked at and the plan on the table is best idea. Summerfest went well ? well attended July 26th ? Pirate Fest @ Evangola Read Senior Minutes from June 1st meeting ? possible Scrabble competition, birding club Ramp Company will be coming soon for demo tour RESOLTION: Western New York Nuclear Service Center & Demonstration Project Councilman Gier moved for adoption of the following #231, seconded by Councilman Fullone. Roll Call Vote: Gier ? ay, Fullone ? aye, Pero-aye, Turner- aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains #231 RESOLVED that Whereas the West Valley nuclear waste site (also known as the Western New York Nuclear Service Center & Demonstration Project) is located 30 miles south of Buffalo and contains large amounts of toxic and radioactive wastes, some of which will remain dangerous for thousands of centuries and; Whereas the site represents the nation?s sole venture into commercial reprocessing of irradiated nuclear fuel, and whereas this venture ended in 1976 when the private partner failed, leaving cleanup responsibility to government taxpayers, and Whereas contamination from this site has been found as far away as the Niagara River at Lake Ontario, and Whereas Lake Erie represents the drinking water supply source for Erie County, and the Great Lakes represent a drinking water source for millions of people, and Whereas the Department of Energy has identified alternatives for the remediation of the West Valley site ranging from complete removal of all radioactive materials to taking no action, and proposes a partial remediation while leaving buried waste onsite, including high level radioactive waste tanks, and Whereas the Department of Energy preference would postpone a final cleanup decision for up to 30 years, and Whereas independent joint economic and scientific analysis, funded by a New York State grant, was conducted by expert consultants and academics.1 And whereas these experts concluded that over time full clean up is approximately 30% less expensive than partial clean up and maintenance, not including any future leaks that would increase clean up costs exponentially, Therefore, Be It Resolved that the Town of Brant Town Board supports the option of full cleanup of the West Valley nuclear waste site using standards that are at least as protective as current state radiation standards and toxic standards for unrestricted use. Be it further resolved that copies of this resolution be sent to all state and federal elected officials representing Niagara, Erie and Cattaraugus counties, as well as the U.S. Department of Energy, and the New York State Energy Research and Development Authority. Supervisor Pero moved for adoption of the following #232, seconded by Councilman Gier Roll Call Vote: Pero-aye, Gier ? ay, Kujawinski- aye, Fullone ? aye, Turner- aye, 5 Ayes, 0 Nays, 0 Abstains #232 RESOLVED to send a letter of support of the following resolution to Legislator Konst and our district Senator and Assemblymen WHEREAS, there are 852 towns in New York State that are prohibited from addressing speed limit issues in their jurisdiction without petitioning the State Department of Transportation; and WHEREAS, Under the current system many towns have found that their request to reduce speed limits on town roads within their jurisdiction have taken long amounts of time and in often cases their request has been denied by the State Department of Transportation; and WHEREAS, many of the villages that are setting their own speed limits are smaller in population than the towns which are currently seeking the same ability; and WHEREAS, there are currently 17 towns in Erie County that cannot address speed limits within their own jurisdictions; and WHEREAS, the population in many of these town has increased and the need to address road safety through speed limits in a timely fashion has also increased; and WHEREAS, NYS Assembly Bill A03587 and Senate Bill S293 would amend section 1622 of the Vehicle and Traffic Law to authorize towns to establish maximum speed limits on all town highways that are classified as ?local roads;? and WHEREAS, this bill would allow towns to elect to set maximum speed limits on all local roads under their jurisdiction; and WHEREAS, towns which decide to set speed limits would need to do so in accordance with engineering specifications and other factors applicable to speed limits set forth in the NYS manual and specifications for a uniform system of traffic control devices, certified by a licensed professional engineer specializing in traffic operations. Received a resolution authorizing the transfer of 8 out of service picnic tables from Erie County Department of Parks and Forestry. To the Town of Brant ? accepted and the tables were repaired (6) and are in use at the Brant Town Park Correspondence Received by Supervisor: concerning road salt purchasing, dairy, influenza summit information, Westfield name change for Casella Waste, Urban League, annual report from Community Concern, Welsh Farm in Eden this weekend, and a request for a recognition letter for Dennis Frame from Georgana Frame for Dennis?s achievement of Eagle Scout. A letter will be sent by the Brant Town Board. Councilman Gier inquired of Supervisor if the payment for the police car damages was covered by insurance ? yes. Councilman Kujawinski inquired if part time help at park was continuing and Parks Commissioner Pero said he was working as needed. Joseph Giambrone inquired about old file cabinets which were placed in the barn and are in the way ? they will be put out to bid by Supervisor. Councilman Turner moved for adoption of the following #233, seconded by Supervisor Pero Roll Call Vote: Pero-aye, Turner- aye, Fullone ? aye, Kujawinski- aye, 4 Ayes, 0 Nays, 0 Abstains #233 RESOLVED TO APPROVE ABSTRACT 7 0F 2009 FOR PAYMENT Abstract 7 0f 2009 Prepaid and unpaid as of July 14, 2009 General Fund Town wide Vouchers prepaid 246-255/Unpaid 256-320 / deleted 292 (Scam) Totaling: $51,102.74 General Fund ? Part Town No PrePaid / Paid 18-21 Totaling: $11,700.84 Highway Fund T.W. Vouchers prepaid 57 / Unpaid 57-60 Totaling: $262.78 Highway Part Town Vouchers: prepaid: 13-14 / Unpaid 15-18 Totaling: $9,557.62 Street lighting ? Voucher #6 unpaid, totaling $1,671.89 08/09 CDBG Rt 5 Study ? Voucher #5 unpaid, Totaling: $986.25 2009 Fire Protection ? Voucher #2-5 unpaid, $104,471.90 Highway Payroll PT 5/30 to 6/26/09 Totaling: $7,621.90 Highway Payroll TW 5/30 to 6/26/09 Totaling: $0 General Town Wide Payroll 5/30 to 6/26/09 Totaling $28,125.94 General Part Town Payroll 5/30 to 6/26/09 Totaling $554.40 Please Note: Vouchers denied: None Recognized Privilege of the Floor: None rec?d Councilman Turner moved for adoption of the following #234, seconded by Councilman Fullone. 5 ayes: Pero, Kujawinski, Fullone, Gier, Turner 0 nays #234 RESOLVED: TO ADJOURN THE JULY MEETING OF THE BRANT TOWN BOARD IN MEMORY OF HOSE MORALES AND HIS INFANT DAUGHTER AT 9:00 PM Respectfully submitted, Thea A. Ells, Brant Town Clerk