Minutes of the Brant Town Board Meeting Held on June 14, 2011 at 1294 Brant North Collins Rd. Present: Deputy Supervisor Donald Clark, Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Councilman Clark Borngraber, Attorney William Trask Sr., Deputy Town Clerk Barbara Daniel Absent: Councilman Vincent Fullone, Supervisor Pero Record of Sign In: Lynda & Joe Ostrowski, Lee Brunelli, Kirk Ritz, Jeremiah Lampke, Brian Rott, Debra Ritz, Janet Bowman, Janice Ross, Neil Ross, Brian Campbell, Ron Kobel, Lt. Donald Hepkins 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. Councilman Kujawinski moved to accept #154 and was seconded by Councilman Gier. 3 ayes: Kujawinski, Gier, Borngraber. 0 abstain, 0 nays #154 RESOLVED: Approval of Town Board Meeting Minutes from May 10 and June 1, 2011, as submitted by Town Clerk Councilman Gier moved for the adoption of the following motion #155 seconded by Councilman Borngraber. 3 ayes: Gier, Borngraber, Kujawinski. 0 abstain 0 nays #155 RESOLVED: To Approve Supervisors April 2011 Financial Report As Presented Councilman Kujawinski moved for the adoption of the following motion #156, seconded by Councilman Gier. Roll Call Vote: Kujawinski-aye, Gier- aye, Borngraber ? aye. 3 Ayes, 0 Nays, 0 Abstains #156 RESOLVED: Approve the following Budget Modification as recommended By the Town Bookkeeper as Presented. Budget Dec From/ Fund Account Amount Modification (Inc) To Code Description Object Over Budget General Fund - Townwide (A) $ 5,000.00 Decrease A1990.4 Contingent Account Contr Expend $ (5,000.00) Increase A1620.4 Old Town Hall Building Contr Expend $ 1,297.00 The above budget change is recommended at this time to provide an additional appropriation until the move to the new Town Hall is completed. Councilman Gier moved for adoption of the following motion #157, seconded by Councilman Kujawinski. 3 ayes. Roll Call: Gier, Kujawinski, Borngraber. 0 abstain 0 nays #157 RESOLVED: Town Clerk?s April 2011 Financial Reconciliation Report Councilman Gier moved for adoption of the following motion #158 seconded by Councilman Borngraber. 3 ayes: Gier, Borngraber, Kujawinski, 0 abstain 0 nays #158 RESOLVED: Justice Gugino / Justice Crouse April 2011 Financial Reconciliation Report (Bail & Regular) Be Accepted CEO, Gary Brecker, presented the April and May CEO reports. April: 6 new construction inspections, 2 junk yard inspections, 1 fire inspections, 2 zoning inspections, 1 new business inspection, 3 court cases, 2 building permits issued, 3 meetings attended. May: 5 new construction insp, 2 zoning violations, 1 complaint, 1fire insp, 3 property maintenance insp, 3 court cases, 1 court appearance, 1 appearance tickets, 1 police assistance, 5 building permits issued, 4 mtgs attended. Councilman Borngraber moved for adoption of the following motion #159 seconded by Councilman Gier. 3 ayes: Borngraber, Gier, Kujawinski, 0 abstain 0 nays #159 RESOLVED: Code Enforcement Officer?s report for April and May 2011 approved as presented. DCO Barbara Daniel read the summary of her Dog Report for May 2011. She noted that to date her expenditures have been $207.87 and impound/kennel fees collected have been $325.00. Councilman Kujawinski moved for adoption of the following #160 seconded by Councilman Borngraber. 3 ayes: Kujawinski, Borngraber, Gier. 0 abstain 0 nays #160 RESOLVED: Dog Control Officer?s May 2011 Activity Report Be Accepted As Presented. Summary of Complaints: 2 barking dog, 2 dogs at large. 2 cat complaints. Lt. Hepkins reminds motorist of NYS?s new ?Move-Over Law for Stopped Emergency Vehicles? law. He also noted that the department had a recent internal audit that showed a direct correlation between the number of tickets written and the number of accidents that occur. He added that the Town of Brant has been noted as a model Town that proves this correlation. Councilman Borngraber moved for adoption of the following #161 seconded by Councilman Kujawinski. 3 ayes: Borngraber, Kujawinski, Gier, 0 abstain 0 nays #161 RESOLVED: April 2011 Police Activity Report Be Accepted As Presented Summary: 5571 miles patrolled, fuel usage 386.4 gals, Arrests: Felony: 1, misdemeanor: 21, V&T: 338, Fire calls: 2, First Aid calls: 10, Criminal complaints: 2, non criminal: 15. Property checks: 332, Streetlights reported out: 1. Councilman Gier moved for adoption of the following #162 seconded by Councilman Borngraber. 3 ayes: Gier, Borngraber, Kujawinski. 0 abstain, 0 nays #162 RESOLVED: May 2011 Town Clerk Activity Report Be Accepted As Presented: MAY TOWN CLERK CASH REPORT: Total monies rec?d: $-1,969.22 Town share: $961.02, NYS Health: $45.00, NY State Ag & Mkts: $81.00, NYS DECALS: $82.20, Security Deposits: $800.00 Discussion regarding the possibility of hiring a laborer to help with the move. Deputy Supervisor Donald Clark stated it will be brought up under new business. Planning Board Report: Meeting: May 2011 The Planning Board approved of an increase in the number of cars to be displayed for sale at Snyder?s Auto Sales on Route 20. The Planning Board recommends the Town Board to schedule a public hearing to vote on the amendment of the Special Use permit. Trask responded suggesting the Town Board first read an email he sent everyone last week addressing the Planning Board?s inadequate review of the application. He noted that no conditions were placed on the application. He added that the Town Board needs to decide if the application is ready for Public Hearing. He then stated that changes made to a Special Use permit require an entirely new application. Councilman Gier moved for adoption of the following #163 seconded by Councilman Kujawinski. 3 ayes: Gier, Kujawinski, Borngraber. 0 abstain, 0 nays #163 RESOLVED: To Approve Planning Board Report of May 2011 meeting. February Fire Reports: Gier stated no report submitted. Acknowledgement of Dignitaries and Invited Guests: None spoke Old Business: NTH: John Schenne stated the New Town Hall project is 90% complete and that the contractors expect to be complete in a week. He notified the Board that there was some drywall damage (around windows) that occurred in the Police, and code Office due to outer cracks at the top of the windows which allowed wind driven rains to enter the wall. He stated that he brought it to the attention of Joe Giambrone and that Giambrone repaired the cracks. NTH PHONES: Schenne stated that a contract has been signed with NFP but phones were outside his duties. He added that the Town Clerk and Supervisor Pero were working on the phones. Deputy Clark read from a letter from NFP stating they wanted a single point of contact to work with on the phones. NFP will need 3-4 weeks to schedule hook ups, and three days to install and train personnel and, Schenne stated that NFP can contact the Contractors Superintendant to schedule the install, and that NFP can contact him to get the Superintendant?s phone number. Trask suggested they keep a Town person as the single point of contact. The Board agreed and appointed Town Clerk Thea Ells as contact person. It was discussed that mid July will be the move in date. The Deputy Clerk asked the Board to approve the ordering of patch cables and install punch tool at the request of David Sink to complete the install of computer wiring. An estimate and parts list was presented to the Board. Councilman Kujawinski moved for adoption of the following #164 seconded by Councilman Borngraber. 3 ayes: Roll Call vote: Kujawinski-aye, Borngraber-aye, Gier-aye. 0 abstain, 0 nays #164 RESOLVED: To Approve the spending of up to $200.00 for technology equipment per the request of David Sink. NTH Front Signage: Discussion regarding the increase in cost of sign for front of NTH. Increase went considerably above $2000.00. Councilman Borngraber suggested that since it was still under the estimates given by other companies, they should approve it. Trask advised that any purchase above $1,500.00 may be subject to prevailing wage if an employee is going to do the installation. Councilman Gier moved for adoption of the following #165 seconded by Councilman Kujawinski. 3 ayes: Gier, Kujawinski, Borngraber. 0 abstain, 0 nays #165 RESOLVED: To Table the decision on the Front Signage until July meeting. Movers: Board read the Town Clerk?s request to hire a laborer or clerk to assist all offices in the move. She requested the Board to appoint to fill a laborer position, then later do a phone vote to approve someone. Councilman Gier stated there is no such thing as a phone vote. Councilman Gier stated he would like to use the Police to assist in the move. Councilman Gier moved for adoption of the following #166 seconded by Councilman Borngraber. 3 ayes: Roll call: Gier, Borngraber, Kujawinski 0 abstain, 0 nays #166 RESOLVED: Table appointment of Labor position. NTH Keys: Discussion on the keys for the NTH. Schenne stated that keys and locks were not part of his work scope. He stated that Thea has 30-40 Best Locks in her possession, adding that they are the best money can buy. To re-key all of them would cost about $10,000. He mentioned that using a Card Access system would be expensive also (approx $600/door). Gier discussed the large cost associated with changing locks and thought card access would keep costs down. Further discussion by Lt. Hepkins about FOB systems. The use of master keys was also discussed. It was decided that John Schenne will map out a Lock/Key plan, and Dan Kujawinski and Lt. Hepkins will also work on a plan. All will meet on Monday, June 27, 2011 to compare recommendations. The two plans will be compared and Schenne will draft a proposal based on the result of the two plans to be sent out for bid. NTH Front Entrance door: Tile Damage near door. Schenne recommends patchwork to repair as the tiles contain asbestos that shouldn?t be disturbed. Therefore, there are two add-ons for the NTH project, (police wall repair due to water damage and front door floor repair). NTH Furniture: Lt. Hepkins addressed the possibility of acquiring free furniture from Erie County surplus. Also, NFTA has a 20 ft long conference table available. He will have someone go look at what is available. Town Park Rules: The Board discussed modification of Park Rules. The Board chose to amend the current rules named in the 2010 Organizational Mtg (changes made tonight are underlined): 1) No food or Beverage in pool area 2) Park speed limit ? 10 MPH 3) No unlicensed vehicles in park without permission of the Town Board, including but not limited to ATV?s, Snowmobiles, Dirt Bikes, Go Carts, Mini Bikes. 4) Park hours will be from 7:00 am till 11:00 pm Councilman Gier moved for adoption of the following #167 seconded by Councilman Kujawinski. 3 ayes: Roll call: Gier, Kujawinski, Borngraber 0 abstain, 0 nays #167 RESOLVED: To approve the Park Rules and to include the addition of the following verbiage ?including, but not limited to ATV?s, Snowmobiles, Dirt Bikes, Go Carts, Mini Bikes? as underlined above. NTH Signage for Parking: State and Federal codes will dictate the sign rules. These rules will be found on the Dept of Justice website. Such as handicap parking spots must comprise 4% of all parking. Senior Fitness Rules: Councilman Kujawinski stated that the Board has only discussed the fees for renting the Rec Bldg mentioning that the fee should be one set fee for the whole building. Attorney Trask then addressed a dangerous condition in the Gym area (Sr. Fitness Area) in the area of the lift. He described a portion of the new lift that juts out and suggests having Evans agency come in to address the danger. Discussion continued on how to limit access to the problem area. It was decided that the area be locked for access until the problem can be rectified. Refunds shall be issued to renters who have already paid to use the gym area. Trask advised the Board to include input from Evans Agency during their risk assessment process for that area when they make their rules. Schenne advised that to block access to the lift to someone who needs it will violate the law. Trask suggested limiting access to everyone, until the risk can be eliminated. Lt. Hepkins added that the power to the lift must be shut off to completely shut off access to the gym area. Schenne stated he had someone in mind that could frame in around the area to make the area safe. Councilman Gier moved for adoption of the following #168 seconded by Councilman Kujawinski. 3 ayes: Roll call: Gier, Kujawinski, Borngraber 0 abstain, 0 nays #168 RESOLVED: To lock the gym area to prevent access until the area around lift is safe. Also to approve refunds of money paid by renters to use the gym area during rentals. RECREATION/POOL, Lifeguards: Councilman Gier read a letter from Michelle Loomis regarding her recommendations for the appointment of three lifeguards. They are Andrew Zamrock, Zachary Davis and Mackenzie Ciciera. Councilman Gier moved for adoption of the following #169 seconded by Councilman Borngraber. 3 ayes: Roll call: Gier, Borngraber, Kujawinski. 0 abstain, 0 nays #169 RESOLVED: To approve the appointment of Andrew Zamrock, Zachary David and Mackenzie Ciciera as lifeguards at $8.75/hr. with Michelle Loomis at $2.00 more when performing particular duties. Substitute Bus driver: Councilman Gier moved for adoption of the following #170 seconded by Councilman Borngraber. 3 ayes: Roll call: Gier, Borngraber, Kujawinski 0 abstain, 0 nays #170 RESOLVED: Approved the appointment of Debora Berkimier of Angola as substitute Bus Driver for recreation. POOL: Tabled until later PHASE II Park Grant: Councilman Kujawinski addressed all present that during the Ribbon Cutting on June 6th, it was announced by the State Agencies and Connie Miner that the Town has been approved for part 2 of the grant in the amount of $150,000 to extend the walking path, install 7 cement pads, shelters, soccer field tables, two small bridges, and labor to cut a nature trail, and more. However, he added there is a time limit for completion. Councilman Kujawinski will contact the Grant Writer and State Agencies on June 15 regarding the deadline for completion. Park Trees: Councilman Kujawinski invited the public to visit the Park to see the thirty trees recently planted. He thanked the Highway Superintendent and Turnbull Nurseries for their help in the project. The owner of Snyder Auto Sales (applicant for the Special Use Permit) addressed the Board questioning what the problem was with his Special Use application since he is simply asking to re-new the application. Trask replied that change requests on a Special Use Permit require an entirely new application. Trask added that there were other preliminary issues that needed to be addressed before a Public Hearing can be held. Trask gave Emergency Vehicle Access as an example of something the Planning Board didn?t address in their review of the application. At the advice of the Town Attorney no Public Hearing will be set until the Town Board has a chance to review the application with the Planning Board. Recreation Bus Contract Approval: Councilman Gier acknowledged the contract the Deputy Supervisor must sign in the absence of Supervisor Pero as being the same contract as the Town has always signed. He stated the contract remained at .81 cents/mile and that the only thing changed is the person signing the contract. Councilman Gier moved for adoption of the following #171 seconded by Councilman Kujawinski. 3 ayes: Roll call: Gier, Kujawinski, Borngraber. 0 abstain, 0 nays #171 RESOLVED: To approve the contract for bus rental and authorize Deputy Supervisor Donald Clark to sign the contract for Recreation bus rental from Lake Shore Schools at .81 cents/mile. PROPOSED Local Law #1 of 2011, ?Telecommunication Facilities Local Law?: Attorney Trask spoke about the upcoming July 19, 2011 Public Hearing scheduled for Local Law #1 of 2011. He explained that because of the nature of the law, it requires action under SEQR requiring a full environmental assessment form since it is a type 1 act. At this time he presented a resolution establishing the Town of Brant as Lead Agency. He read: Town of Brant State Environmental Quality Review (SEQR) Resolution Establishing Lead Agency Type 1 Action Undergoing Coordinated Review Name of Action: Adoption of Local Law No. 1-2011 ?Telecommunication Facilities Local Law?. Whereas, the Town of Brant Town Board is considering action consisting of adoption of a local law regulating the siting, construction and operation of telecommunication towers and related facilities on a town wide basis, and Whereas, an Environmental Assessment Form (EAF) Long Form has been prepared, and Whereas, after comparing the thresholds contained in 6 NYCRR 617.4 and 5, the Town Board has determined that the proposed project is a Type 1 action, and Whereas, the Town Board has determined that the proposed action will have a town wide impact requiring referrals to Erie County Department of Environment and Planning, Now Therefore Be It Resolved, that the Town Board hereby declares itself Lead Agency for review of this action and authorizes referral to E.C. Department of Environment and Planning, and Be It Further Resolved, that a Determination of Significance will be made at such time as all necessary information has been received by the Town Board to enable it to determine whether the action will or will not have a significant effect on the environment. Councilman Borngraber moved for adoption of the following #172 seconded by Councilman Kujawinski. 3 ayes: Roll call vote: Borngraber-aye, Kujawinski-aye, Gier-aye. 0 abstain, 0 nays #172 RESOLVED: To adopt Resolution #172 declaring the Town of Brant as Lead Agency for the SEQR review process regarding proposed Local Law #1-2011 ?Telecommunication Facilities Local Law?. Trask stated he prepared all the necessary documents (ZR-1 and Full EAF) and he will ship them to Erie County Planning tomorrow (6/15/11) with a copy of the Lead Agency resolution. The County must be given 30 days to review and respond to the SEQR. Lt. Hepkins asked the Board to make an exception to the new rule of no unlicensed vehicles in the Town Park for the unlicensed vehicles that will be used in annual Brant festival activities, such as the parade, car show, etc. Councilman Borngraber moved for adoption of the following #173 seconded by Councilman Gier. 3 ayes: Roll call: Borngraber, Gier, Kujawinski, 0 abstain, 0 nays #173 RESOLVED: The Board grants an exception to the newly amended Park rule restricting unlicensed vehicles from the Town Park to those being used for Brant Fest activities. Recognized Privilege of the Floor: No one wished to speak. Correspondence: Letter of thanks from Councilman Fullone for the Fruit Basket he received from Town Employees. Deputy Supervisor Clark read a Letter from Chris Collins notifying the Town that the Rural Transit Organization, as a whole, has been approved for CDBG funding in the amount of $253,000. Letter from Time Warner?s was received and is available for reading. Councilman Gier moved for adoption of the following #174, seconded by Councilman Borngraber. Roll Call Vote: Gier ? aye, Borngraber ? aye, Kujawinski- aye, - aye 3 Ayes, 0 Nays, 0 Abstains #174 RESOLVED: TO APPROVE ABSTRACT 6 of 2011 Prepaid and unpaid as of June 14, 2011 Gen Fund Town wide Vouchers pd 181-184, unpd 185-238 Totaling: $43,387.33 Gen Fund ? Part Town Voucher unpd 13-16, Totaling: $9,779.45 Highway T.W. Vouchers unpd 48-59, Totaling: $3,015.95 Highway P.T. Vouchers pd none, unpd # 6-10 Totaling: $9,261.62 Fire Protection: Vouchers: 3-5 Totaling: $104,498.52 Streetlighting: Voucher pd #6 Totaling: $1,946.94 Brant Water Dist 1: Voucher: #3 Totaling: $16,682.50 Special Grant Fund: Vouchers # 13, Totaling: $345.85 Capital Projects: Vouchers unpd #12 Totaling: $2,600.00 General Town Wide Payroll 4/24/11-5/21/11 Totaling: $ 33,252.55 General Part Town Payroll 4/24/11-5/21/11 Totaling: $693.28 Highway Payroll TW 4/24/11-5/21/11 Totaling: None Highway Payroll PT 4/24/11-5/21/11 Totaling: $8,141.60 Note: the vouchers listed below were not added to the Abstract above, but approval for payment is requested at this June 14, 2011 Town Board mtg. to be paid with Abstract 7 prepays: 1) S & S Worldwide (Recreation supplies, Balls, Art/crafts, wall calendars, whistles) $438.29 2) Lynn?s Catering (Luncheon for Ribbon Cutting on June 6th) $________ Councilman Gier motioned to enter executive session, seconded by Councilman Borngraber. 3 ayes: Gier, Borngraber, Kujawinski. 0 abstain 0 nays #175 RESOLVED: To enter in Executive Session at 9:08 PM to discuss contract and personnel issues. Councilman Kujawinski motioned to close the executive session, seconded by Councilman Gier. 3 ayes: Kujawinski, Gier, Borngraber. 0 abstain, 0 nays #176 RESOLVED: To close the Executive Session at 9:34 PM Councilman Borngraber motioned to adopt #177, seconded by Councilman Gier. 3 ayes: Borngraber, Gier, Kujawinski. 0 abstain 0 nays #177 RESOLVED: To approve the appointment of Bryan Calkins for a one time cleaning and opening of the Brant Pool at a wage of $12.00/hour. Councilman Borngraber motioned to adjourn the Town Board meeting, seconded by Councilman Gier. 3 ayes: Borngraber, Gier, Kujawinski. 0 abstain 0 nays #178 RESOLVED: June 14th Town Board Meeting adjourned at 9:35 PM Respectfully submitted, Attended by and submitted by Deputy Clerk, Barbara Daniel Thea A. Ells, Brant Town Clerk