VILLAGE OF THE BRANCH-BOARD OF TRUSTEES-APRIL 11`, 2000.

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1 VILLAGE OF THE BRANCH-BOARD OF TRUSTEES-APRIL 11`, The Board of Trustees met at 7:30 PM on April 11, 2000, in the Village Hall at 40 Route 111. Mayor Kissane, Trustees Janiec, Ewing, and Keon, and DeSerio, Attorney Schoepflin, Building Inspector Maloney, Treasurer McDonagh and Clerk Morlath were present. The Mayor led the group in the Pledge of Allegiance. Attorney Schoepflin led the recently elected Mayor in the Oath of Office. In turn, the Mayor led the newly elected Trustees Ewing and Janiec in their Oath of Office. All present joined in a rousing round of applause for the new officials. Mayor Kissane made the following appointments for one year: Trustee DeSerio as Deputy Mayor. The firm of Attonito & Schoepflin as Village Attorney. James Maloney as Building Inspector. Daniel Falasco as Village Engineer. John Carro as Chairman of the Planning Board. Fleet Bank and CLASS as the Village Banks. The Smithtown Messenger as the official Village newspaper. Trustee DeSerio as Superintendent of Highways. Trustee Janiec as Superintendent of Parks and liaison to the Planning Board Trustee Ewing as Superintendent of Sanitation and liaison to the Justice Court. Trustee Keon as Director of Finance and Budget. Marguerite McDonagh as Treasurer. Anna Mequia as Clerk of the Court. Robert Morlath as Village Clerk. Joseph Magliato as a member of the Planning Board for five years. Trustee Keon made a motion to accept all of the appointments made by the Mayor. Trustee Ewing seconded the motion, which was approved unanimously. Trustee Keon made a motion to appoint Ms. Maureen Bahrenberg for three years to replace Mr. Janiec and Mr. Thomas Newman for five years to the Board of Zoning Appeals, and Mr. Thomas Newman as Chairman of the BZA for one year. Trustee Ewing seconded the motion, which was approved unanimously. The Mayor opened the duly advertised Public Hearing on the 2000/2001 Budget. Trustee Keon explained the changes to the budget: The tax rate remains at $5.35/ $100 of assessed valuation. Line item A1620.4, Village Hall Operations has been increased to $6000. Line item A , Village Hall Equipment is the balance of the funds granted to the Village by Sunrise Development for furnishing the hall. Line item A3410.4, Fire Services Contracted has gone up slightly due to the increased assessed value of the Village. Line item A8170.4, Sweeping, Leaf/Brush Pickup has been increased to allow six pickups this year and to offset the reduction in Town of Smithtown Highway credit. 1

2 Regarding Estimated Receipts: Line item A1001, Village Taxes is up due to the increased assessed valuation. Line item A1130 is about the same as last year. Line item A 3005 is up in accordance with the expected increased Real Estate activity. There is a surplus of $39,000 due to the less than anticipated snow removal costs for last year. Trustee DeSerio asked about money to fund the preparation of a new Village map. Engineer Falasco estimates the amount to be approximately $3,000. Trustee Keon suggested the budget be approved as submitted and when the map project is approved the budget be modified at that time. Trustee Ewing asked if the Anticipated Surplus should have a line item? Trustee Keon said that it was not necessary. John Carro asked why the Planning Board expense in being doubled. Trustee Keon said that it is in part due to the increased rate for engineering expense along with increased activity. Trustee Ewing asked about the Sunrise Assisted Living assessment. Trustee Keon said that their full-assessed value, of $88,235, is included in the 2000/2001 budget. Trustee Ewing made a motion to close the Public Hearing. Trustee Keon seconded the motion, which was approved unanimously. Trustee Keon made a motion to approve the submitted budget for the 2000/2001 year. Trustee Ewing seconded the motion, which was approved unanimously. The Mayor opened the duly advertised Public Hearing to modify the Village Code to clarify that the property owner is liable for injury caused by failure to maintain the street and sidewalk areas. Attorney Schoepflin briefed the group on the revised suggested wording of the changes to the Code whose purpose is to assure that the general public is protected from such failure. Trustee Ewing made a motion to close the Public Hearing. Trustee Janiec seconded the motion, which was approved unanimously. Trustee Ewing made a motion as follows: Whereas it is considered necessary to state in the Code of the Village that the liability for injury caused by a property owner s failure to care for and maintain street and sidewalk areas as provided for in Chapters 72 and 79 of the Code is his, Therefore, be it resolved that, Chapter 72, Article IX, Liability for damage to third party be modified to include: Section Liability for damage to third party. Any owner of commercial or residential property or any person who fails to adhere to or violates any provision of this Chapter shall be liable for any defect, injury, fault or damage to any third party and shall be required to hold the Village of the Branch harmless, and indemnify the Village, from and against any and all expenses or liability arising out of such violation; and Chapter 79, Trees, shrubs and hedges, be modified to include: Section Liability for damage to third party. Any owner of commercial or residential property or any person who fails to adhere to or violates any provision of this Chapter shall be liable for any defect, injury, fault or damage to 2

3 any third party and shall be required to hold the Village of the Branch harmless, and indemnify the Village, from and against any and all expenses or liability arising out of such violation; Trustee DeSerio seconded the motion. Trustees DeSerio, Janiec, and Ewing and Mayor Kissane voted for the motion. Trustee Keon abstained. The motion was approved. The Mayor opened the regular order of business. Trustee DeSerio made a motion to accept the modified minutes as submitted by the Clerk. Trustee Ewing seconded the motion, which was approved unanimously. Trustee Ewing made a motion to approve the abstract and direct the Treasurer to pay all bills. Trustee Keon seconded the motion, which was approved unanimously. Treasurer s Report: Treasurer McDonagh distributed the Revenue and Expense report and the Budget Comparison report. She has received payment from two more delinquent taxpayers. The Treasurer provided the names of the other delinquent taxpayers to Attorney Schoepflin for his follow-up. She will contact Cablevision about their arrears. Treasurer McDonagh reported that Admit Computer Services is in the process of updating our tax software for the preparation of the 2000/2001 tax bills that will be going out in May, Trustee Keon made a motion to accept the Treasurer s report. Trustee Ewing seconded the motion, which was approved unanimously. Attorney s Report: Attorney Schoepflin reported that the agreement with the owner of 39 Birchbrook Drive has been executed. Attorney Schoepflin reported that the agreement with the carter, Allstate Rubbish Removal, for the 39 Birchbrook Dr. cleanup, was approved and the work done so the bill can be paid. He asked Trustee Ewing to have Public Safety check the condition of the premises on a monthly basis and report same to the Court. Attorney Schoepflin prepared the landscaping contract with Mazelis Landscaping and the Mayor should sign it tonight. Attorney Schoepflin received the contract from American Medical Alert for purchase of the Voice Care console equipment. Mayor Kissane asked Trustee Keon to take over the responsibility for all contacts with the Suffolk County Consortium. Building Inspector s Report: Building Inspector Maloney has issued three building permits, and six duplicate C of O s. He has received the fees for 100 sign renewal permits. 3

4 Mr. Maloney reported that work on the Millenium Diner is continuing and the owner is considering adding a water sculpture on the lawn. He has instructed them to check with the Planning Board. Mr. Maloney has issued a permit for the second house in Pleasant Branch Estates. The soil conditions require them to increase the depth of the excavation. Permits for Brush Barn, Tony and Bruno s Pizza (going into the old Friendly s) and Crystal Garden Buffet are all awaiting Suffolk County Department of Health Services approval. Building Inspector said that the monthly receipts were $ Trustee Keon made a motion to accept the Building Inspector s report. Trustee Ewing seconded the motion, which was approved unanimously. Trustee s Reports: Trustee Ewing did inspect the 39 Birchbrook property after the cleanup and talked to the owner who is aware of the conditions imposed by the court. She will have Public Safety inspect monthly. The Village has been informed that New York State has imposed an additional $30 surcharge on Handicapped Parking Violations. Public Safety will put a sticker on all of our tickets given out for this violation. Trustee Ewing reported that the Planning Board gave final approval for 11Route 111 s modified site plan. They also gave preliminary approval for Traister Estates. A large group from St. Patrick Church attended the Public Hearing to suggest that the plan be changed to reroute the road from Magnolia La. to Plaza Ct. to allow traffic to utilize the stop light at Plaza Drive. The Board did not approve this change. Trustee Ewing has been researching the building alarm system. It was installed by E.W. Howell and is an Edwards s proprietary system. She has talked to the company that services Edwards s equipment in this area, Briscoe Protective Systems, who will charge us to examine the system and put it in working order. She checked with Inspector Maloney and there is no requirement to have such a system in this building. She is going to get quotes for a simple fire/burglar alarm system and will report later. Trustee Ewing is going to get quotes for getting the Village a Web Site. Trustee Ewing received a call from Newsday asking for Village comments on the widening of Route 25. She told them that the Village has not seen the New York State plans and therefore has no comment yet. She tried to get the reporter interested in doing a story on the traffic problem at St. Patrick Church, which he said he would do. The Mayor asked Trustee Ewing to defer the subject as something else is underway at this time. Trustee Ewing talked to Mr. Donohue, Acadia, about the lighting in the Branch Shopping Center. He said that they are not using the lights shown on the site plan but others arranged with LIPA. Trustee Keon suggested that we get a quote from Daylight to fix the original lights. Trustee DeSerio disagreed and feels that he is in violation of the approved site plan. Mayor Kissane suggested that they be informed that they must comply with the site plan or face a summons and appear in court. Trustee Ewing will inform them of the Board s position in writing. Trustee Ewing will re review the compactor/dumpster situation at Smithtown Commons. 4

5 Mayor Kissane asked Trustee Ewing to speak to Flowers of the Branch about the lighting around the windows and to Mr. Urban about the condition of his property. Trustee Janiec has met with Mr. Lambert and has now received his Code book and other papers. He met with Trustee Keon and discussed the storm drainage system. He is planning to have Mazelis Landscaping do the spring cleanup soon. Trustee Janiec plans to inspect the sump on Ash Court. The Board suggested that all sumps be inspected and if necessary utilize Engineer Falasco in planning any action. Trustee DeSerio reported that the first pickup was done. Letters have been sent to two people advising them to remove debris from the road in front of their houses. Trustee DeSerio said that road sweeping started today, April 11, Trustee DeSerio congratulated the newly elected officers. Trustee Keon reported that the new budget was prepared and presented tonight. Mayor Kissane asked Trustee Ewing to handle the purchases authorized by the Unified Court System Grant that the Village received. Mayor Kissane has started discussions with the Smithtown Highway Department about purchasing leaf bags for the Village. She asked Trustee DeSerio to handle the purchase. The Mayor reported that the Village Hall is about to be transferred to the Village. Trustee Keon made a motion to adjourn. Trustee Janiec seconded the motion, which was approved unanimously. Respectfully submitted, Robert C. Morlath, Village Clerk 5

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