Minutes: Town Board Meeting Tuesday October 12, 2010 and Public Hearing/CDBG at 7:30 PM, Brant Town Hall
Present: Supervisor Leonard Pero, Councilman Vincent Fullone, Councilman Clark Borngraber, Councilman Daniel Kujawinski, Attorney William J. Trask Sr., Town Clerk Thea A. Ells. Absent: Councilman Jeffrey Gier.
Record of Sign In: Joe & Lynda Ostrowski, Ron Kobel, Michael Daniel, Barbara Daniel, Samuel Chiavetta Jr., Allen Nolan, Brian Rott, Debra Ritz, Charles Arrigo, Joseph Giambrone, Don Clark, Christian Matthews, Mary Matthews, Gary Brecker.
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 Supervisor Leonard Pero at 7:30 PM with a Pledge to the flag.
Councilman Borngraber moved to accept # 265 and was seconded by Councilman
Fullone. Roll Call Vote: Borngraber- aye. Fullone ? aye, Kujawinski- aye, Pero - aye, 4 ayes 0 nays 0 abstains
#265: RESOLVED: Approval of Town Board Meeting Minutes from September 7 and September 16, 2010 as submitted by Town Clerk
Councilman Fullone moved for the adoption of the following motion #266, seconded by Councilman Borngraber 4 ayes: Pero, Fullone, Kujawinski, Borngraber. 0 abstain 0 nays
#266: RESOLVED: To Approve Supervisors August 2010 Financial Report Is Approved As Presented
Councilman Fullone moved for the adoption of the following motion #267, Motion seconded by Councilman Borngraber Roll Call Vote: Fullone ? aye, Borngraber ? aye Kujawinski- aye, Pero-aye, 4 Ayes, 0 Nays, 0 Abstains
#267: RESOLVED: Approve the following Budget Modification For The Period Ending August 31st, 2010 As Recommended By The Town Bookkeeper As Presented
Budget modifications: As Presented by Bookkeeper
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund - Townwide
$ 10,700.00 Decrease A3120.11 Police/Inspectors/Guards Pers Serv
$ (10,700.00) Increase A3120.1 Police Chief Pers Serv $ 1,053.00
To increase the budget to cover the Police Chiefs salary to the end of the year.
$ 7,600.00 Decrease A1990.4 Contingent Account
$ (7,600.00) Increase A7180.2 Pool Equip & Cap Out $ 7,600.00
To increase the Budget to cover the cost of the pool roof replacement and masonry work.
$ 675.00 A3120.42 Police Contr Expend $ 675.00
This expense for a bulletproof vest will be covered by a Federal grant.
General Fund - Part TownTownwide
$ 1,857.00 Decrease B1990.4 Contingent Account
$ (1,857.00) Increase B4540.4 Ambulance-Farnham Contr Expend $ 1,857.00
$ 208.00 Decrease B1990.4 Contingent Account
$ (208.00) Increase B4540.41 Ambulance-No. Collins Contr Expend $ 208.00
Highway Fund - Part TownTownwide
$ 959.00 Decrease DB5112.1 Permanent Improvements Pers Serv
$ (959.00) Increase DB9060.8 Medical & Dental Insurance Contr Expend $ 959.00
Supervisor Pero moved for adoption of the following motion #268, seconded by Councilman Kujawinski. 4 ayes: Pero, Fullone, Kujawinski, Borngraber, 0 abstain 0 nays
#268: RESOLVED: Town Clerk?s August 2010 Financial Reconciliation Report
Councilman Fullone moved for adoption of the following motion #269, seconded by Councilman Borngraber. 4 ayes: Pero, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#269: RESOLVED: Justice Gugino / Justice Crouse August 2010 Financial Reconciliation Report (Bail & Regular) Be Accepted
CEO, Gary Brecker, read his September report which included discussion on a request from Town of Evans naming Evans as the Lead Agency for a Local Water Front Revitalization Program.
Councilman Kujawinski moved for adoption of the following motion #270, seconded by Councilman Fullone. 4 ayes: Pero, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#270: RESOLVED: Approve Town of Evans as Lead Agency for their Local Water Front Revitalization Program/ Supervisor Pero to send letter.
Discussion continued concerning a rezoning application and the fees for this procedure. Jeff Gier as liaison will confer with CEO, attorney and Town Clerk.
Supervisor Pero moved for adoption of the following motion #271, seconded by Councilman Fullone. 4 ayes: Pero, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#271: RESOLVED: September 2010 Code Enforcement Officer Report Be Accepted As Presented. Summary: 27 Inspections: 5, Field Inspections, 1 occupancy, 2 meetings attended
DCO, Barbara Daniel summarized her September report. She then asked the Board to consider increasing the impound fee from $10.00 to $20.00 and the kennel fee from $3.00/day to $5.00/day. She also recommended the Town not raise dog licensing fees, keeping the current $5.00 for spayed/neutered dogs and $13.00 for intact dogs.
Councilman Kujawinski moved for adoption of the following #272, seconded by Councilman Fullone, 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#272: RESOLVED: September Dog Control Officer?s Activity Report Be Accepted As Presented Summary: Dogs calls: 8, Kennel days:9, Dogs kenneled:4, Court cases:0, Stray dogs:3, Dog Bites:0.
Councilman Borngraber moved for adoption of the following #273, seconded by Supervisor Pero. 4 ayes: Pero, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#273: RESOLVED: September 2010 Police Activity Report Be Accepted As Presented Summary: 3133 miles patrolled, fuel usage 414.1 gals, Arrests: Felony: 3, misdemeanor: 4, V&T: 115, Fire calls: 0, First Aid calls: 7, Criminal complaints: 8 non criminal: 19.
Supervisor Pero moved for adoption of the following #274, seconded by Councilman Borngraber. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#274: RESOLVED: September 2010 Town Clerk Activity Report Be Accepted As Presented September TOWN CLERK CASH REPORT: Total monies rec?d: $2,786.96 Town share: $977.18 Erie County: $56.40, NYS Comptrollers, NYS Health: $45.00 NY State Ag & Mkts: $39.00, NYS DECALS: $1,469.38, Security Deposits: $200.00.
Planning Board Report: Secretary Linda Ostrowski reported that a meeting was held: the board reviewed plans presented and approved for Family Life Station, will review cell tower laws in October, and reminded the Board members that two alternate positions are still vacant. Reported receipt of resignation from Marty Rosiek. Reviewed receipt of letters of interest from residents for positions.
Councilman Borngraber moved for adoption of the following #275, seconded by Councilman Fullone. 4 ayes: Pero, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#275: RESOLVED: To Accept The September 27, 2010 Planning Board Report As Presented.
Councilman Kujawinski moved for adoption of the following #276, seconded by Councilman Fullone. 4 ayes: Pero, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#276: RESOLVED: Approval of new member Joseph Ostrowski to fill term of Rosiek and alternates named Carol Brody and Janice Ross for Planning Board.
8:00 Break for Public Hearing
CDBG Public Hearing: 8:00 PM
Town Clerk, Thea Ells read the following notice which she verified was published in the legal paper of the Town, ?SUN?, and posted on the Clerk?s signboard.
TOWN OF BRANT, NOTICE OF PUBLIC HEARING
THE TOWN OF BRANT will hold a Public Hearing on Tuesday October 12th, 2010 at 8:00PM at the Brant Town Hall, 1294 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development Funds in the Town of Brant. THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended. THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant. CITIZENS ARE URGED to attend this meeting to make known their views and/ or written proposals on the Town of Brant?s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program. THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible. Those needing special arrangements should call the Town of Brant at (716) 549-0282.By order of the Brant Town Board, Barbara J Daniel, Deputy Brant Town Clerk, Dated September 23, 2010
Supervisor Pero moved for adoption of the following 277, seconded by Councilman Fullone
4 ayes: Pero, Fullone, Kujawinski, Borngraber 0 nays
#277: RESOLVED: TO OPEN THE PUBLIC HEARING @ 8:00 PM
Supervisor Pero reviewed the recent grants received through the ECCDBG and how fortunate the Town has been with these grants, listing: Recreation Fitness Center, Four Corners Memorial park, and Wading Pool. Lynda Ostrowski suggested looking into permanent bathrooms in the Brant Town Park. Discussion continued concerning where they would be located and getting cost estimates for next year.
Supervisor Pero read the proposed list of projects in the Town of Brant;
Number three is always Rural Transit; number two could be Farnham Drainage Reconstruction of Railroad Ave., and number one is a repairing the sidewalk along Brant North Collins Road near the new Town Hall/previous Elementary School. Supervisor Pero reviewed the proposal for the sidewalk.
Councilman Borngraber moved for adoption of the following 278, seconded by Councilman Fullone. 4 ayes: Pero, Fullone, Kujawinski, Borngraber 0 nays
#278: RESOLVED: TO CLOSE THE PUBLIC HEARING @ 8:14 PM
#279: BE IT RESOLVED THAT Councilman Borngraber made motion #279, seconded by Councilman Fullone, that as Supervisor of the Town of Brant, Leonard K. Pero is hereby authorized and directed to sign, submit and execute a contract with Erie County Community Development Block Grant (ECCDBG) program for the following projects upon approval of ECCDBG.
1) Four Corners Sidewalk Rehabilitation Project, with a total project cost of $44,100.00 to be matched by 25% using a combination of force labor $5,525.00 from the Town?s Highway Department line item DB5110.4 and $5,500.00 from the sidewalk line item A5410.2.
2) Village of Farnham Drainage Reconstruction Project of Railroad Ave.
3) Rural Transit
A Roll Call vote taken of the following members present. The vote being:
Councilman Clark Borngraber-aye, Councilman Vincent Fullone -aye
Councilwoman Daniel Kujawinski-aye, Supervisor Leonard K. Pero-aye
Fire Co. Reports: Reported: Farnham: September 1 fire, 18 First Aid calls.
OLD BUSINESS:
New Town Hall:
Attorney Trask reported to Board members that all paperwork was finalized and signed so funds are now available for the purchase of the New Town Hall. Trask requested that the board members hold an executive session at the end of the meeting to review contract negotiations for the new town hall.
Supervisor Pero reported that he, Councilman Fullone, and Judge Gugino had met at the new town hall building with John Scheene of Scheene & Scheene and John Killian of Killian Builders, and reviewed some of the project with them. Pero shared his thoughts that some of the project can be done through volunteers. Pero shared that he had spoke with Local 17 about doing the parking lot and the savings there would be significant. Pero brought forward discussion about chairs for the court room and that board members had reviewed choices that Judge Gugino had presented. Kujawinski stated he was not present and had not seen the choices. Pero stated that the chairs were on state bid at a cost of $15,802.00 and would be reimbursed through a grant that the courts had applied for.
Councilman Fullone moved for adoption of the following #280, seconded by Supervisor Pero. Roll Call Vote: Fullone - aye, Pero - aye, Kujawinski- abstain, Borngraber- aye, 3 ayes 0 nays 1 abstains
#280 Resolved: To purchase Chairs for court (meeting) room on state bid in the amount of $15,802.00 to be reimbursed by a grant. Clerks note this is only information I have, (no vendor, no amount, no type, and no name of grant)
Highway Truck:
Attorney William Trask Sr. read the BAN in full herein after is a summary of the resolution which was duly adopted by the Brant Town Board:
Councilman Kujawinski moved for adoption of the following #281, seconded by Councilman Fullone. Roll Call Vote: Kujawinski- aye, Fullone - aye, Borngraber- aye, Pero - aye, 4 ayes 0 nays 0 abstains
#281 Resolved: A BOND RESOLUTION, DATED OCTOBER 12, 2010, OF THE TOWN BOARD OF THE TOWN OF BRANT, ERIE COUNTY, NEW YORK (THE ?TOWN?), AUTHORIZING THE ACQUISITION OF A CONSTRUCTION AND MAINTENANCE VEHICLE FOR USE BY THE TOWN, AT AN ESTIMATED MAXIMUM COST OF $165,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $100,000 OF THE TOWN, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.
Supervisor Pero moved for adoption of the following #282, seconded by Councilman Fullone. Roll Call Vote: Pero - aye, Fullone - aye, Kujawinski- aye, Borngraber- aye,
4 ayes 0 nays 0 abstains
#282 Resolved: WHEREAS, at its September 7, 2010 meeting, the Brant Town Board awarded a contract to Kenworth of Buffalo for the purchase of a new Highway Department truck at a bid price of $160,091.00, and
WHEREAS a portion of the purchase price is intended to be paid from the Town of Brant Highway Equipment Reserve Account, subject to permissive referendum.
NOW THEREFORE, it is
RESOLVED, that the Brant Town Board does hereby authorize expenditure of up to $65,000.00 from the Town of Brant Highway Equipment Reserve Account for the purchase of the new Highway Department truck pursuant to the contract with Kenworth of Buffalo, subject to permissive referendum, and the Town Clerk is authorized to post and publish a copy of this resolution in the next edition of The Sun, as required by law..
2011 Budget
Supervisor Pero reported that all members should have a tentative budget and that this is just estimate of expenditures. Pero reported that tax rate could possibly be up by aprox. 2% due to factors such as: retirement, audit, police dept., new town hall and highway truck.
He reported 0% rate on the B (part town) budget and a lower DB (part town highway) due to a transfer from the B account, and a healthy fund balance. Pero announced a workshop for the board members to review the budget on Wednesday October 20, 2010 @ 7:00 PM.
Acknowledge Justice Court Audit:
Board agreed to visit this next month.
New Business:
Assessment Settlement Resolution:
Supervisor Pero moved for adoption of the following #283, seconded by Councilman Borngraber. Roll Call Vote: Pero - aye, Borngraber- aye, Fullone - aye, Kujawinski- aye 4 ayes 0 nays 0 abstains
#283 Resolved: WHEREAS, a legal proceeding has been brought under Article 7 of the Real Property Tax Law challenging the 2008 assessment of premises commonly known as 3 Lakeshore Road (SBL No. 265.04-1-50.2) and
WHEREAS the following extensive discussions with the Petitioner, Lotus Point LLC, the Town of Brant has decided to resolve the pending litigation through a settlement. NOW THEREFORE, it is
RESOLVED, that Town Attorney, William J. Trask, Sr. is hereby authorized to enter into a Settlement Stipulation on behalf of the Town of Brant settling the pending litigation by reducing the current 2008 assessed of $255,500 to $155,000. Tax refunds will be payable by the respective taxing authorities without interest; there will be no changes to the 2009 and 2010 assessed values and the assessed valuation for the years 2011, 2012 and 2013 would be set at $155,000, in accordance with the requirements of Real Property Tax Law Section 727.
2011 Budget:
Supervisor Pero announced the Public Hearing for the 2011 Budget will be Tuesday November 9th @ 8:00 PM during the regular monthly Board meeting.
Brant Farnham Water District/Agreement with Village of Farnham
Councilman Borngraber moved for adoption of the following 284, seconded by Councilman Fullone. 4 ayes: Pero, Fullone, Kujawinski, Borngraber 0 nays
#284: RESOLVED: To Table discussion on water agreement till next month.
Moratorium/Cell Tower
Board members, CEO and Attorney had discussion concerning the absence of town laws concerning towers.
Councilman Kujawinski moved for adoption of the following #285, seconded by Councilman Fullone. Roll Call Vote: Kujawinski- aye, Fullone - aye, Borngraber- aye, Pero - aye, 4 ayes 0 nays 0 abstains
#285 Resolved: WHEREAS, the Town of Brant is receiving inquiries about permits and approvals for telecommunication facilities, and WHEREAS, the Town Board is well aware of the need to update existing laws regulating such facilities in the Town of Brant and new legislation is currently under review and it would be in the public interest to have a reasonable period to allow for the completion of such review and the adoption of new laws regulating such facilities. NOW THEREFORE, it is RESOLVED, that a public hearing be held on November 9, 2010 at 8:30 pm for the purpose of receiving public comment on proposed Local Law No, 3-2010 which would impose a six (6) month moratorium on the issuance and processing of applications and the issuance of permits or approvals for telecommunication facilities in the Town of Brant, and it is further RESOLVED, that the Town Board does hereby declare itself Lead Agency under SEQR and authorizes Supervisor Leonard Pero to sign the short form Environmental Assessment Form (EAF) and further authorizes issuance of a ZR-1 (zoning referral) to the Erie County Department of Environment and Planning in connection with the said public hearing on the proposed local law.
Halloween:
Supervisor Pero moved for adoption of the following 286, seconded by Councilman Fullone. 4 ayes: Pero, Fullone, Kujawinski, Borngraber 0 nays
#286 Resolved: Halloween SHALL BE OBSERVED Sunday October 31st, 2010
Only between the hours of 6:00 PM and 8:00 PM for ?Tricks or Treats?
Residents are requested to leave an outside light on between these hours
to help insure the safety of our children and to show willingness to
participate in the celebration of Halloween. Town Clerk shall post and place ad in Penny saver and split cost with Farnham.
AG Notice:
Supervisor Pero read the public notice for inclusion of lands into an agricultural district., revived form Erie County. November will be the annual thirty day period during which land owner may submit requests to include predominantly viable agricultural land into an existing agricultural district. This notice is posted in the Town Hall and on line.
Taxi Regulations:
Board members and the town attorney had discussion on taxi regulations and livery licenses.
Ellis Road Bridge:
Supervisor Pero moved for adoption of the following #287, seconded by Councilman Borngraber. Roll Call Vote: Pero - aye, Borngraber- aye, Fullone - aye, Kujawinski- aye,
4 ayes 0 nays 0 abstains
#287 Resolved: To approve payment of 5500.00 for Ellis Rd Bridge repairs which consisted of east wingwall poured deeper and extension of center of culvert concrete to avoid washout. This town will be reimbursed for this project through CHIPS in the amount of $3383.63 (cost to Town $2,116.40).
Reports of Committees/Projects/Town Board Reports/Communications/Misc. Information:
Pero/ Energy Tour: Pero read from articles he wrote which were showcased during the tour where Brant Highway Department Building was visited. He ended with a large Thank you from the Town of Brant to Bill Henry for all his efforts as Energy Committee Chairman.
Kujawinski/LSYF/ Kujawinski read press release from LSYF concerning painting the field lines for the October 23 game for Breast Cancer Awareness week.
Borngraber/Pool/Salt Barn: Borngraber reported pool and bath house officially closed and
and received estimates that materials will be aprox. $2,000.00 for salt barn repairs.
Pero: Spoke on the new town hall parking lot and the possibility of Local 17 training school doing the lot.
Correspondence received included : from Comptroller Polancarz, Cornell co-op Thank you to Brant for use of buildings, Thank you from LSYF for board members attendance at a game, Niagara Mohawk, Time Warner. Pero read a description of the services provided by NEST.
ABSTRACT 10 of 2010:
*Prepaid and unpaid as of October 12, 2010
Gen Fund Town wide Vouchers pd 364-377, unpd 378-413 (move 411 to H) Totaling: $50,609.84
Gen Fund ? Part Town pd 25, unpd 26-27 Totaling: $19.705.97
Highway Fund T.W. Vouchers Unpaid 82-90 Totaling: $9,075.39
Highway Part Town Vouchers: Prepaid 37-39, Totaling: $2,474.64
Fire Protection District: None
Street lighting ? Voucher #9 Totaling $2,344.64
Lotus Bay Sewer? Voucher #2 ? Totaling: $4,500.00
Capital Projects "H" Fund: Voucher #4 unpaid Totaling $2.740.00
Highway Payroll PT 8/29/10 to 9/25/10 Totaling: $5,143.57
Highway Payroll TW 8/29/10 to 9/25/10 Totaling: $2,697.95
General Town Wide Payroll 8/29/10 to 9/25/10 Totaling: $34,142.42
General Part Town Payroll 8/29/10 to 9/25/10 Totaling: $571.38
Note: Because of the earlier meeting held in September, certain vouchers which would have made it on Abstract 9, arrived the day Abstract 9 was completed. Therefore, not to delay payment the Board approved them for prepayment on Abstract 10. Because of this, Vouchers 364 thru 369 were approved for payment at the September 7, 2010 Town Board mtg.
Councilman Fullone moved for adoption of the following #288, seconded by Councilman Borngraber. 4 ayes. , Fullone-aye, Borngraber- aye, Kujawinski- aye, Pero- aye 0 Nays, 0 Abstains
# 288 RESOLVED TO APPROVE ABSTRACT 10 of 2010
Privilege of Floor:
Barbara Daniel was recognized and informed the board members that the Thruway is doing major work and may have millings for town use for the parking lot. As a planning board member she inquired of the attorney to read the Town Topics article concerning towers and the shock clock.
Supervisor Pero moved for adoption of the following #289, seconded by Councilman
Borngraber.
#289 RESOLVED: To go into executive session for contract negotiations at 9:20 PM
4 ayes: Pero, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
Councilman Fullone moved for adoption of the following #290, seconded by Supervisor Pero. 4 ayes: Pero, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#290 RESOLVED: To close the executive session
Councilman Kujawinski moved for adoption of the following #291, seconded by Councilman
Borngraber. 4 ayes: Pero, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#291 RESOLVED: TO ADJOURN THE OCTOBER 12, 2010 MEETING OF THE BRANT TOWN BOARD
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
