Minutes: Town Board Meeting Tuesday April 12, 2011 Brant Town Hall
Present: Supervisor Leonard Pero, Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Attorney William J. Trask Sr., Town Clerk Thea A. Ells. Absent: Councilman Vincent Fullone and Councilman Clark Borngraber.
Record of Sign In: Lynda and Joe Ostrowski, Lee Brunelli, Janice Ross, Scott and Joanne Kaczmarek, Ronald Kobel, Joseph Giambrone, Susanne Sanford, Charles Arrigo, Donald Hepkins, Barbara Daniel, Brian Campbell, Sue Johnson (Senator Gallivan?s Office)
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 Gier moved to accept # 94 and was seconded by Councilman
Kujawinski. 3 ayes: Gier, Kujawinski, Pero. 0 abstain, 0 nays
#94 RESOLVED: Approval of Town Board Meeting Minutes from March 8, as submitted by Town Clerk
Councilman Kujawinski moved to accept # 95 and was seconded by Councilman
Gier. 3 ayes: Kujawinski, Gier, Pero. 0 abstain, 0 nays
#95 RESOLVED: Approval of Town Board Meeting Minutes from March 23rd and 27th, as submitted by Town Clerk.
Councilman Gier moved for the adoption of the following motion #96 seconded by Councilman Kujawinski. 3 ayes: Gier, Kujawinski, Pero. 0 abstain 0 nays
#96 RESOLVED: To Approve Supervisors February 2011 Financial Report As Presented
Councilman Gier moved for the adoption of the following motion 97, seconded by Councilman Kujawinski. Roll Call Vote: Gier- aye, Kujawinski-aye, Pero ? aye 3 Ayes, 0 Nays, 0 Abstains
#97 RESOLVED: Approve the following Budget Modification as needed for the CDBG project, as recommended By the Town Bookkeeper as Presented.
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
Special Grant Fund (CD)
$ 5,525.00 Decrease CD5410.1 Sidewalks Pers Serv
38,575.00 Decrease CD5410.2 Sidewalks Equip & Cap Out
$ 44,100.00 Increase CD1625.2 Recreation Bldng(Senior Fitness Ctr) Equip & Cap Out
$ 51,300.00 Increase CD1625.2 Recreation Bldng(Senior Fitness Ctr) Equip & Cap Out
$ 51,300.00 Increase CD4910 Federal Aid(CDBG)
The above budget modifications are being made to support the CDBG Senior Fitness Grant administered through
Erie County. The total project was for $112,500 with funding from CDBG grant of $84,375 and the Town's share
of $28,125.
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Councilman Gier moved for adoption of the following motion #98, seconded by Supervisor Pero. 3 ayes. Gier, Pero, Kujawinski. 0 abstain 0 nays
#98 RESOLVED: Town Clerk?s February 2011 Financial Reconciliation Report
Councilman Gier moved for adoption of the following motion #99 seconded by Supervisor Pero. 3 ayes: Gier, Pero, Kujawinski, 0 abstain 0 nays
#99 RESOLVED: Justice Gugino / Justice Crouse February 2011 Financial Reconciliation Report (Bail & Regular) Be Accepted
CEO, Gary Brecker, read and summarized his March report. Notified the Board that Winter?s Rigging was contracted to demolish the remains of the fire at 1333 Cain Rd. They failed to compact and cover it. Brecker concerned that the site unfinished/graded is a hazard. Councilman Gier instructed CEO Brecker to ensure the site is covered properly so that no one gets hurt. According to Chapter 73, a lien will be placed on the property taxes to reimburse the Town for its cost. Attorney Trask instructed the Board to ratify the original emergency phone poll done which approved the demolition, and ratify it tonight with a public vote to return the contractor to finish the compaction and grading of the burn site to bring it to safe conditions.
Supervisor Pero moved for adoption of the following motion #100 seconded by Councilman Kujawinski. 3 ayes. Roll Call Vote: Pero, Kujawinski, Gier, 0 abstain 0 nays
#100 RESOLVED: To ratify the original approval for Winter?s Rigging to return and finish the anticipated compaction and grading of the burn site on Cain Rd, bringing the site to safe condition per the inspection of the Code Officer.
CEO Brecker updated the Board on the FM Communication Tower application. He received responses from three of the five agencies. They were the NYS Police, Town of Brant Police and Captain Cafferty of Erie County Emergency Services. Cafferty wants the Tower to have a light on it no matter the height. Mark Lee of Erie County Dept of Planning stated there was no need to resubmit the Environmental Impact.
Supervisor Pero moved for adoption of the following motion #101 seconded by Councilman Gier. 3 ayes: Pero, Gier, Kujawinski. 0 abstain 0 nays
#101 RESOLVED: March 2011 Code Enforcement Officer Report Be Accepted As Presented. Summary: 15 Inspections, 3 court cases, 3 Meetings attended, 3 Building permit issued.
DCO, Barbara Daniel, read and summarized her March report. Daniel also notified the Town Board that she had sent a letter to Purina requesting donations of dog food and was notified by phone that she will receive dog food on a regular basis as needed, and as available from the Nestle Purina factory in Dunkirk.
She then introduced Susanne Sanford of Sulphur Springs Road, the owner of the recently redeemed three legged Rottweiler who graciously thanked the Town Board for allowing their DCO to hold dogs longer than five days. She then addressed the Board wishing to link the Town of Brant DCO with the Cattaraugus Territory council to help them devise a dog identification system for all dogs owned on the Territory. She also wants to set up a low or no cost spay/neuter clinic for residents of the territory to prevent dogs from wandering. She spoke of the past statistics of ?Lost Rez dogs? and the slim likelihood of them being returned to their owners. She then spoke of raising money to help the Brant DCO afford to keep dogs longer than five days to increase the chance of adoption & redemption. At this time, Susanne presented the Brant DCO with a $30.00 donation she raised at a recent art show she worked at. She stated that any money she raises will be used for the Brant Dog Control care of stray dogs. Supervisor Pero thanked Susanne Sanford and stated the Brant Town Board is willing to work with the Territory, and to let them know how we can help.
Councilman Kujawinski moved for adoption of the following #102 seconded by Councilman Gier. 3 ayes: Gier, Kujawinski, Pero. 0 abstain 0 nays
#102 RESOLVED: Dog Control Officer?s March 2011 Activity Report Be Accepted As Presented. Summary: 6 stray dogs seized (5 redeemed, 1 adopted), 1 Dangerous Dog court case.
Councilman Gier moved for adoption of the following #103 seconded by Supervisor Pero. 3 ayes: Gier, Pero, Kujawinski, 0 abstain 0 nays
#103 RESOLVED: March 2011 Police Activity Report Be Accepted As Presented Summary: 4315 miles patrolled, fuel usage 413.3 gals, Arrests: Felony: 0, misdemeanor: 10, V&T: 198, Fire calls: 2, First Aid calls: 11, Criminal complaints: 5 non criminal: 15, Accidents with Injury: 1, Accidents without Injury: 5, property checks: 317. Lt. Hepkins stated they are cracking down on cell phone violations and are working on the Buckle Up New York project. He then publicly acknowledged a thank you letter he received for Officer John Lopez for assisting a motorist whose windshield wiper fell off during blustery weather. He assisted by using an old wiper he had in the trunk of the police car and changed it for her. He urges people to buckle up and pay attention when driving. Please watch for bicyclists and persons walking in the roadways. Councilman Gier inquired why the Brant Police cars are idling at the Town Hall. Lt. Hepkins answered that it was due to the cold weather, and he will have the officer?s leave them off now that the weather is better.
Town Clerk informed the Board that she changed the vendor for the Port-A-John?s as they offered a $15.00 discount per unit ($55.00/mo/unit) PLUS offered the free use of a handicap unit.
Councilman Gier motioned #104 to approve the change in vendor, seconded by Councilman Kujawinski. 3 Ayes, Gier, Kujawinski, Pero, 0 nays, 0 abstains.
#104 RESOLVED: To approve a approve use of Ball Toilets at the Park.
Councilman Kujawinski moved for adoption of the following #105 seconded by Councilman Gier. 3 ayes: Kujawinski, Gier, Kujawinski. 0 abstain, 0 nays
#105 RESOLVED: March 2011 Town Clerk Activity Report Be Accepted As Presented: MARCH TOWN CLERK CASH REPORT: Total monies rec?d: $1898.91, Town share: $757.71, NYS Health: 0, NY State Ag & Mkts.: $59.00, NYS DECALS:$82.20, Security Deposits: $1,000.00
The Town Clerk reported on Rec. Bldg rentals scheduled in May stating that two included the gym. She updated the Board on the revenue generated by the new dog licensing fees. The Board was also given a stat report on the top web pages viewed at [url=http://www.brantny.com]www.brantny.com[/url]
Town Clerk presented the Board with new desk request for the Town Clerk?s Office. She requested approval of purchase of a HON desk, bridge and file pedestal for $1,242.00 to match her existing furniture.
Town Clerk requested the rename a Finance & Audit Committee Revisionary Committee as it was not listed in 2011. Supervisor Pero said to keep original 2010 appointments which are Councilman Gier, Clark Borngraber, Thea Ells, Michele Browning and Joe Ostrowski as Chairman for a meeting scheduled for the end of April.
Planning Board Report: Meeting: March 2011
Supervisor Pero moved for adoption of the following #106 seconded by Councilman Kujawinski. 3 ayes: Pero, Kujawinski, Gier. 0 abstain, 0 nays
#106 RESOLVED: To Approve Planning Board Report of March 2011 meeting.
The Town Board spoke of the recommendations made by the Planning Board regarding the issuance of a temporary certificate of occupancy. Attorney Trask stated the Board has no authority to issue one since the application does not meet the code requirements and must first obtain a variance to proceed with the Certificate. Also, the CEO is the only Town official that can issue a certificate of occupancy. Trask added that three things were needed before a Certificate of Occupancy is issued. The property owner needs a variance because it doesn?t meet the code, and a Special Permit to conduct that particular use in that zoning district. The Special Use application requires Planning Board review and recommendation prior to being presented to the Town Board for Public Hearing and review. Trask stated a summary of what is yet required for this application:
1) ZBA has to approve the Variance; and simultaneously the
2) Planning Board has to approve the site plan and make recommendations (conditions that they may require, etc) on the Special Use Permit application.
3) A Public Hearing will then be conducted to hear the application for the special permit. During the Public Hearing, the Board has the ability to vote on the application.
February Fire Reports: Gier stated no report given.
Acknowledgement of Dignitaries and Invited Guests:
Sue Johnson from Senator Gallivan?s Office introduced herself as the contact person for Senator Gallivan?s Office. She wants people to be aware that Senator Gallivan?s Office will address State issues that concern Brant residents. She instructed people wishing to contact the Senator to see the Brant Town clerk for contact information. Supervisor Pero thanked her for all her help to the Town.
Councilman Gier moved for the adoption of the following motion 107, seconded by Councilman Kujawinski, 3 ayes, Gier, Kujawinski, Pero 3 Ayes, 0 Nays, 0 Abstains
#107 RESOLVED: Table decision on the FLN Radio Tower until next month.
Grounds Maintenance Contract. Supervisor Pero stated that they will be going into executive session at the end of the meeting to clarify the pending contract.
The Board spoke of acknowledging Payment to Killian Builders approved at a Special Board meeting held on March 27th to pay part of the rec bldg work done. Pero stated the upper part is done, everything is done but the elevator. Hulme is also working on Town Hall. Town Clerk mentioned she needed the certified payroll from Killian Builders.
Supervisor Pero moved for the adoption of the following motion 108, seconded by Councilman Gier. 3 Ayes, Pero-Aye, Gier-Aye, Kujawinski-Aye, 0 Nays, 0 Abstains
#108 RESOLVED: To acknowledge the payment recently sent to Killian Builders and approval of payment to Hulme Builders in the amount of $20,546.60.
Supervisor Pero moved for the adoption of the following motion 109, seconded by Councilman Kujawinski. 3 Ayes, Pero-Aye, Kujawinski-Aye, Gier-Aye, 0 Nays, 0 Abstains
#109 RESOLVED: To approve payment to John Schenne in the total amount of $1,400.00 split between the NTH project and Sr. Rec project for Clerk of the Works services.
The Town Clerk requested the Board approve voucher for Senior Fitness Center floor. Supervisor Pero stated he felt they could wait for approval since delivery was two weeks away. John Schenne corrected the payment terms that payment was to be upon delivery. Pero questioned why we have to pay upon delivery.
Councilman Gier moved for the adoption of the following motion 110, seconded by Councilman Kujawinski. Roll Call vote: Gier-aye, Kujawinski-aye, Pero-aye. 3 ayes, 0 nays.
#110 RESOLVED: To approve payment to Snapsports in the amount of $13,995.20 upon delivery and approval of the gym flooring.
John Schenne strongly recommended the Town rectify a drainage problem outside the gym near the stairs at the outside wall and floor. He informed them that the scuffer and downspout were leaking and sending water to the wall. He suggested repairing the situation BEFORE installing the flooring to prevent water damage. Pero announced that John Killian and Lake Shore Youth Football was going to fix the gutters on the veranda, install shelving in the Recreation storage area, and provide refinished round tables, all free of charge. He then stated that Superintendant Joe Giambrone will have to take care of the digging. Supervisor Pero added that he will ensure the drainage problem will be rectified before the flooring is installed.
New Town Hall Phones: Supervisor Pero commended Town Clerk Thea Ells for her efforts to secure a new phone system for the New Town Hall andhe thanked the research she did and preliminary meetings she had with various vendors and Departments. He then set a meeting for Friday April 15 at 6:00 PM for all Department heads to clarify everyone?s needs.
Councilman Gier moved for the adoption of the following motion 111, seconded by Supervisor Pero. 3 Ayes, Gier-aye, Pero-aye, Kujawinski, 0 Nays, 0 Abstains
#111 RESOLVED: To approve the Cain Road extension with Union Concrete.
Supervisor Pero addressed the research Michele did regarding the health insurance for the Town?s insured employees. Blue Cross/Blue Shield is less expensive than Independent Health. The Town?s share of Health Insurance for a family is $909.19 and the employee?s share is $225.08. If the Town changes to Blue Cross Blue Shield, the employee share would be about $88.00/month while other employees will not have to pay any portion.
Supervisor Pero moved for the adoption of the following motion 112, seconded by Councilman Gier. 3 Ayes, Roll call: Pero-aye, Gier-aye, Kujawinski, 0 Nays, 0 Abstains
#112 RESOLVED: To approve the changing of Health Care Insurance company to Blue Cross/Blue Shield.
Councilman Gier moved for adoption of the following #113 seconded by Supervisor Pero. 3 ayes: Roll call: Gier-aye, Pero-aye, Kujawinski-aye, 0 abstain, 0 nays
#113 RESOLVED: To appoint William Friend to the Zoning Board of Appeals to a term.
High Impact Industrial Uses: Councilman Kujawinski addressed the Board that he wishes to request the Planning Board and Town Board to amend the Town?s code to prohibit High Impact Industrial Uses that may adversely affect ground water and roadways within our Town including operational processes associated with mining. He added that most in the Town rely on ground water for drinking and sanitation and he urged the Board to consider prohibiting such uses that may affect the Town for years to come. Attorney Trask stated that such an application would trigger a SEQR or short form EAF along with the filing of form 239M with Erie County per Municipal law
OLD BUSINESS:
FLN Radio Tower Application: This action was tabled in New Business above.
New Town Hall Update: John Schenne updated the Board about the progress and status of the New Town Hall project. He mentioned heating units, the electrical work, heating/ventilating. He projects completion by the end of May and possibly into June. Supervisor Pero questioned the cleanup. Schenne answered they will vacuum and dust. He mentioned that a few changes were approved that will affect the Contract price such as the lift. Pero acknowledged change orders in the Police Department and Courts. Councilman Kujawinski wanted to clarify that any large structural changes be approved by the Board. Pero stated that after the Friday meeting with Department Heads, there will be no more changes to the phones. Pero stated he felt the Town should employ movers to move the contents of the old Town Hall. Supervisor Pero mentioned that he wants to form a committee to plan a Police Garage for the New Town Hall. He mentioned the size he wants is approximately 40 X 60.
Town Board Reports:
Supervisor Pero:
Signs for Hallways of New Town Hall. Pero spoke with Ed Dinkuhn regarding getting the signs made.
S.I.T. Survey: Pero mentioned that he is awaiting results from the S.I.T. survey he put out. He urges residents to complete the survey to show the NFTA that the public is interested in the services. The survey is available online on the Bulletin Board on the Brant website [url=http://www.brantny.com]www.brantny.com[/url]
Rural Transit: Honors volunteers to make Rural Transit work. Lee Brunelli was honored for 20 years of service.
Grandview Drive-In: Pero received an email from someone wishing to purchase the Grandview Drive-In. The person asked if the Town would consider allowing them to put up the drive-in at the Town Park to allow movies to be shown for the summer
Councilman Kujawinski:
Councilman Kujawinski informed the Board that the Town Clerk received a letter from Casella Waste stating they were going to charge us a Fuel Fee when Diesel or gas exceeds $4.09/gal. He and the Attorney read the contract and found that they could not do that. When contacting Casella, they apologized as the Town was not supposed to get the letter. He then mentioned that the Contract with Casella included a dumpster for the Town Hall which we do not use. He is going to seek that Casella instead provide a dumpster free of charge for the Brant festival and the balance of summer for Recreation. He then mentioned that he spoke with a company willing to provide a collection bin for electronic waste that they will haul away at no cost to the Town. Since the bin would be heavy duty cardboard, the Town would be required to provide a shelter for the bin.
Councilman Gier:
Councilman Gier informed the Board that the Recreation Director Vince Fininzio submitted a list of 15 Camp Counselors that he requests for re-appointment. He added that more may be added later.
Supervisor Pero moved for adoption of the following #114 seconded by Councilman Kujawinski. 3 ayes: Gier, Pero, Kujawinski, 0 abstain, 0 nays
#114 RESOLVED: To appoint Recreation Attendants For Summer Of 2011: Eric Rosiek, Debbie Mardino, Zach Browning, Joe Viapiano, Caroline Grennell, Charles Arrigo, Joe Bellanti, Cindy Nelson, Sam Dawley, Rick Hubbard, Mark Trask, Hannah Renaldo, Mike Waring, Dana Waring, Megan Hughes.
Councilman Gier then asked employees to stop making multiple trips to stores to buy small items. He encouraged waiting until several items are needed to make a trip to save gas in Town vehicles. Also, he advises to stock up to save trips.
Gier advised the audience that the request to make a thruway access extension to Hammond Road would have adversely affected the wetlands and was therefore changed to Cain Road.
Supervisor Pero stated that he will get a letter out to Local 17 to have the front parking lot installed at the New Town Hall.
Recognized Privilege of the Floor: None
Correspondence: Letter from Erie County Council for alcohol and substance abuse month recognized in month of April.
Joe Giambrone asked about the trees outside the New Town Hall. Pero said the large pine tree in front is to be left intact. The two in front and one that is on the side of the building are to be taken down.
Pero noted that he received Time Warner?s letter of changes.
Councilman Gier moved for adoption of the following #115, seconded by Supervisor Pero. Roll Call Vote: Gier ? aye, Pero ? aye, Kujawinski- aye, - aye 3 Ayes, 0 Nays, 0 Abstains
#115 RESOLVED: TO APPROVE ABSTRACT 4 of 2011
Abstract 4 of 2011
*Prepaid and unpaid as of April 12, 2011
Gen Fund Town wide Vouchers pd 101-117, unpd 118-152 Totaling: $58,153.69
Gen Fund ? Part Town Voucher pd #6-7, unpd 8-9, Totaling: $18,114.02
Highway T.W. Vouchers pd #23-24, unpd 25-41, Totaling: $11,906.87
Highway P.T. Vouchers Totaling: None
Capital Projects: Vouchers unpd #6-7 Totaling: $765.67
Fire Protection: Vouchers unpd #2, Totaling 192.88
Special Grant Fund: Vouchers pd # 3-4, unpd # 5-7, Totaling: $82,722.85
Streetlighting: Voucher pd #3, unpd #4, Totaling: $2,466.09
Brant Water Dist 1: Voucher unpd #2, Totaling: $108.55
Lotus Bay Sewer Dist 1: Vouchers unpd #1, Totaling: $400.00
General Town Wide Payroll 2/27/11-3/26/11 Totaling: $ 32,126.72
General Part Town Payroll 2/27/11-3/26/11 Totaling: $587.94
Highway Payroll TW 2/27/11-3/26/11 Totaling: $9,483.77
Highway Payroll PT 2/27/11-3/26/11 Totaling: NONE
Councilman Gier moved for adoption of the following #116, seconded by Councilman Kujawinski 3 ayes: Gier, Kujawinski, Pero. 0 abstain 0 nays
#116 RESOLVED: To go into executive session to discuss personnel & contractual issues at 9:12 PM and take action afterwards.
Councilman Gier moved for adoption of the following #117, seconded by Councilman Kujawinski. 3 ayes: Gier, Kujawinski, Pero. 0 abstain 0 nays
#117 RESOLVED: To close the executive session @ 9:55 PM
Councilman Gier moved for adoption of the following #118, seconded by Councilman
Kujawinski. 3 ayes: Roll Call: Gier-aye, Kujawinski-aye, Pero-aye. 0 abstain, 0 nays
#118 RESOLVED: To approve the Supervisor to sign the New Town Hall change orders #3, 5, 6, 7, 9 & 10
Councilman Gier moved for adoption of the following #119, seconded by Councilman
Kujawinski. 3 ayes: Gier-aye, Kujawinski-aye, Pero-aye. 0 abstain, 0 nays
#119 RESOLVED: To award the Grounds Maintenance contract to the lowest responsible bidder, S.A.K. at the amount of $14,000. understanding that he is a sole proprietor.
Councilman Gier moved for adoption of the following #120, seconded by Supervisor
Pero. 3 ayes: Gier-aye, Pero-aye, Kujawinski-aye. 0 abstain, 0 nays
#120 RESOLVED: To approve a progress payment of $56,905.00 to Ed Hulme Builders for AIA approved project number 1 as recommended by John Schenne.
Councilman Gier motioned to adjourn the Town Board meeting at 10:05 PM, seconded by Councilman Kujawinski. 3 ayes: Gier, Kujawinski, Pero. 0 abstain 0 nays
#121 RESOLVED: Meeting adjourned at 10:05 PM
Respectfully submitted,
Thea A. Ells, Brant Town Clerk