Minutes of the Dec 14, 2010 Town Board mtg


Town Board Meeting Tuesday December 14, 2010 and two Public Hearings: Radio Tower & Proposed Local Law #4, Brant Town Hall	165
		
Present: Supervisor Leonard Pero, Councilman, Councilman Jeffrey Gier, Clark Borngraber, Councilman Daniel Kujawinski, Attorney William J. Trask Sr., Town Clerk Thea A. Ells. Absent: Councilman Vincent Fullone.

Record of Sign In: Lee Brunelli, Joe & Lynda Ostrowski, Ron Kobel, Michael Daniel, Barbara Daniel, Samuel Chiavetta Jr., Allen Nolan, Brian Rott, Debra Ritz, Peter Chiavetta, Brian Campbell, Donald Hepkins, Joseph DeCarlo, Jim Travis, Rick Snavely, 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 Gier moved to accept # 335 and was seconded by Councilman 
Kujawinski.4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain, 0 nays
#335: RESOLVED: Approval of Town Board Meeting Minutes from November 9th as submitted by Town Clerk

Councilman Gier moved for the adoption of the following motion #336, seconded by Councilman Borngraber.  4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#336: RESOLVED: To Approve Supervisors October 2010 Financial Report As Presented

Councilman Kujawinski moved for the adoption of the following motion #337, Motion seconded by Councilman Gier Roll Call Vote: Kujawinski- aye, Gier ? aye, Borngraber ? aye Pero-aye, 4 Ayes, 0 Nays, 0 Abstains 
#337: RESOLVED: Approve the following Budget Modification For The Period Ending October 31st, 2010 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				
 $       275.00 	Decrease	A1910.4	Unallocated Insurance-	Contr Expend	
 $      (275.00)	Increase	A1680.4	Central Data Processing	Contr Expend	 $       274.86 
					
 $       675.00 	Decrease	A1990.4	Contingent Account		
 $      (675.00)	Increase	A3120.21	Police/Bulletproof vest	Equip & Cap Out	 $       675.00 
					
 $     1,831.00 	Decrease	A7120.1	Recreation Administration	Pers Serv	
 $    (1,831.00)	Increase	A7120.4	Recreation Administration	Contr Expend	 $    1,830.94 
					
Highway - Townwide				
 $   60,091.00 	Increase	DA511	Appropriated Reserves		
 $  (60,091.00)	Increase	DA960	Appropriations		
					
 $  (60,091.00)	Increase	DA9950.9	Transfer to Capital Projects Fund		
	To increase the 2010 Budget for the purchase of a new Truck and the related expenditure account..
					
 $     3,385.00 	Increase	DA510	Estimated Revenues		
(3,385.00)	Increase	DA960	Appropriations		
					
 $     3,385.00 	Increase	DA3501	State Aid-CHIPS		
 $    (3,385.00)	Increase	DA5120.2	*  Bridges	Equip & Cap Out	
	To increase the 2010 Budget for the CHIPS reimbursement of the Bridge work completed  by
	Ahrens & Wells and the related revneue & expenditure accounts..		
					
 $     2,115.00 	Decrease	DA5142.4	Snow Removal	Contr Expend	
 $    (2,115.00)	Increase	DA5120.2	*  Bridges 	Equip & Cap Out	 $    5,500.00 
	To cover the Town's share of the Bridge work completed.		
					
 $       171.00 	Decrease	DA5140.1	Misc Brush & Weeds	Pers Serv	
          216.00 	Decrease	DA5140.4	Misc Brush & Weeds	Contr Expend	
 $       387.00 	Increase	DA5130.4	Machinery	Contr Expend	 $       386.35 
					
Highway Fund - Part TownTownwide			
		DB5110.1	General Repairs	Pers Serv	 $       958.04 
		DB5112.4	Permanent Improvements	Contr Expend	       1,264.75 
		DB9010.8	New York State Retirement		         107.56 
		DB9060.8	Medical & Dental Insurance		       3,658.77 
	To date, the above expenditures will result in the total 2010 buget being overdrawn by: 	 $    5,031.08 


Councilman Gier moved for adoption of the following motion #338, seconded by Councilman Borngraber.4 ayes.  Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#338: RESOLVED: Town Clerk?s October 2010 Financial Reconciliation Report 

Councilman Gier moved for adoption of the following motion #339, seconded by Supervisor Pero. 4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#339: RESOLVED: Justice Gugino / Justice Crouse October 2010 Financial Reconciliation Report (Bail & Regular) Be Accepted

CEO, Gary Brecker, read and summarized his November report. Brecker reported that there has been a rezoning request and an application has been finalized, the code states a fee shall be set by the Town Board. Brecker requests the Town board to set fee. Discussion, Ells confirmed they checked other towns and fee is normally around $100.00 and higher.   
Councilman Gier moved for adoption of the following motion #340, seconded by Councilman Borngraber. 4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#340: RESOLVED: November 2010 Code Enforcement Officer Report Be Accepted As Presented.  Summary:  6 Inspections, 0 court cases, 2 Meeting attended.
Brecker reported that he received application from Family Life Network and Part 1 of SEQR complete; Town Board needs to name person to fill out part 2.

Attorney Trask reviewed the process for SEQR and the Towns obligations. The SEQR is to be started at the beginning of the application process. 
Supervisor Pero moved for the adoption of the following motion #341, Motion seconded by 
Councilman Kujawinski. Roll Call Vote: Pero-aye, Kujawinski- aye, Borngraber ? aye, Gier ? aye, 4 Ayes, 0 Nays, 0 Abstains 
#341: RESOLVED: Brant Town Board declares status of Lead Agency in regards to a Full SEQR for Radio Tower application from Family Life Network 

Supervisor Pero moved for the adoption of the following motion #342, Motion seconded by 
Councilman Borngraber. Roll Call Vote: Pero-aye, Borngraber ? aye, Gier ? aye, Kujawinski- aye, 4 Ayes, 0 Nays, 0 Abstains 
#342: RESOLVED: Brant Town Board declares CEO, Gary Brecker as official to fill out SEQR Part 2 with Town Board Approval when complete. 

DCO Daniel?s reported her year end financial activity (fines, kennel & impound fees) $536.00 Revenue, and expenses (Mileage, Vet, office, kennel) $385.95 expenses.  Net revenue reported $150.05.
DCO gave end of year inventory as valued at $505.07.  Reminded Board inventory was valued at zero when she was first appointed in 2009.  Inventory includes 1 Fibreglass Lg. dog crate ($75), Tomahawk Catch Pole ($109.35), Appearance tickets ($138.34), 1 dog chain ($15.19), 3 dog blankets (19.00), K9 Advantix (70.99) Battons for kennel walls ($12.00).
Councilman Kujawinski moved for adoption of the following #343, seconded by Councilman Gier. 4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#343: RESOLVED:  October Dog Control Officer?s Activity Report Be Accepted As Presented DCO Daniel?s summarized her November 2010 Dog Report.  2 strays seized, 1 adoption, 1 barking complaint, 1 lost dog report, kennel used 15 day, 1 favorable Ag & Mkt inspection completed 11/26/10.

Councilman Borngraber moved for adoption of the following #344, seconded by Councilman Kujawinski. 4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#344: RESOLVED: November 2010 Police Activity Report Be Accepted As Presented Summary: 4875 miles patrolled, fuel usage 376.2 gals, Arrests: Felony: 3, misdemeanor: 13, V&T: 165, Fire calls: 0, First Aid calls:18, Criminal complaints: 6 non criminal: 27. The Brant Police Dept would like to wish everyone a Very Merry Christmas and a Happy and Prosperous New Year.  Please watch out for children playing on snow banks and persons walking in the roadways this winter.  We have received very good information from citizens that have been watching out for their neighbors, please continue to do so and contact the Brant Police if you see anything or anyone that is suspicious.   

Councilman moved for adoption of the following #345, seconded by Supervisor Pero. 4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain, 0 nays
#345: RESOLVED: November 2010 Town Clerk Activity Report Be Accepted As Presented:  NOVEMBER TOWN CLERK CASH REPORT: Total monies rec?d: $958.07Town share: $232.22 Erie County: $17.62, NYS Comptrollers, NYS Health: $, NY State Ag & Mkts: $3.00, NYS DECALS: $605.23, Security Deposits: $100.00.

Planning Board Report: Secretary Linda Ostrowski reported PRESENT: Carol Brodie, Barb Daniels, Brenda Giacchino, Michele Hy, Joe Ostrowski, Janice Ross, Jamie Solecki,
GUESTS:  Joe DeCarlo Town Assessor. Meeting called to order ? 7:30pm by Chairman Barb Daniels
A motion to approve minutes of the October meeting was made by Joe 2nd Michele Adopted.
SEQRA? Joe made a motion and 2nd by Brenda to recommend that the town board require a negative declaration on a SEQRA prior to or as a condition for approval of the application.  Adopted.
The Planning Board discussed the Application fee for a tower and feels it should be $500 plus expenses. 
The Planning Board is continuing the formulation on the communication towers and will report on them once they are completed.
Town Board Public Meeting of the Family Life Tower will be on December 14, 2010.
The issue of the Taxi license has been tabled again due to lack of information.
Motion to adjourn at 8:50 by Barb and 2nd Joe adopted.
  
Councilman Gier moved for adoption of the following #309, seconded by Councilman Kujawinski. 4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#346: RESOLVED: To Accept The November 23, 2010 Planning Board Report As Presented. 
Fire Reports: Brant reported: October 5 Fire Calls, November 6 Fire Calls
Farnham reported: November 3 Fire Calls & 26 First Aid Calls

8:00 Break for Public Hearing / Special Use Permit/Radio Tower/Family Life Network 
Town Clerk verifies that the following notice was published in the SUN, on online @ brantny.com, and posted at the Brant town Hall: NOTICE IS HEREBY GIVEN that the Brant Town Board will conduct the following public hearings at the Brant Town Hall, 1294 Brant North Collins Rd, Brant, New York on the 14th day of December 2010:
At 8:00 PM local time, a public hearing will be held on the application of Family Life Radio for a special permit to construct and operate a radio tower and ancillary facilities to be located behind premises commonly known as 1808 Milestrip Road on a parcel further identified as SBL No. 285.00-1-20.111, in the Town of Brant, Erie County, New York.
All interested parties will be given an opportunity to be heard. Dated: November 23, 2010
By order of the Brant Town Board, Thea Ells, Brant Town Clerk

Councilman Kujawinski moved for adoption of the following 347, seconded by Supervisor Pero. 4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#347: RESOLVED: TO OPEN THE PUBLIC HEARING @ 8:00 PM 
Public Spoke on concerns, asked questions and stated their opposition and in favor of Tower. 
Residents in opposition: Ed Borowski: location, interference,, David Rupp: sight, view, no benefits to town., B. Hauser: area saturated with towers, J. Renaldo: effect view, property, no benefit to town, P. Chiavetta: no benefit, area residents object. R. Kobel; no benefit to town, J. DeCarlo: tax exempt, view, and near a propane distribution center, correspondence from different residents in opposition: A. DeCarlo, D. DeCarlo, V. DeCarlo., L. Brunelli,  Residents who spoke with no opposition: B. Daniel. D. Clark commented area residents do not seem to be in favor. 
Non residents in favor spoke/correspondence on benefits of receiving radio channel reception: M. Habbernel, J.Moroz, Reager, S. Johnson, R. Frye (property owner for tower), Gicewzc, Kubera, Rauch 
Board discussion: the tower will have a removal bond, footprint is small, area  
Councilman Kujawinski moved for adoption of the following 348, seconded by Councilman Gier .4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#348: RESOLVED: TO CLOSE THE PUBLIC HEARING @ 8:29 PM 
Supervisor Pero stated that no board action will be taken at this time as they are waiting for SEQR to review and Erie County to receive, review all materials and make any recommendations or comments.  The Special use permit will be an old business item for January 11th meeting of the Brant Town Board.
 
Proposed Local Law #4 Public Hearing/ Dog Control: 8:30 PM 
Town Clerk verifies that the following notice was published in the SUN, on online @ brantny.com, and posted at the Brant Town Hall: LEGAL NOTICE, TOWN OF BRANT, NOTICE OF PUBLIC HEARING, At 8:30 PM local time a public hearing will be held to consider Proposed Local Law #4 of the year 2010, being a local law amending  Chapter 79 of the Brant Code to regulate dog control and dog licensing  to comply with the requirements of Part T of Chapter 59 of the Agriculture and Markets Law of the State of New York.  Copies of the proposed local law are available for review in the office of the Town Clerk, 1294 Brant North Collins Road, Brant, New York during regular business hours, and on the bulletin board online at [url=http://www.brantny.com]www.brantny.com[/url]  All interested parties will be given an opportunity to be heard. Dated: November 23, 2010, By order of the Brant Town Board, Thea Ells, Brant Town Clerk
Councilman Gier moved for adoption of the following 349, seconded by Councilman Kujawinski. 4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#349: RESOLVED: TO OPEN THE PUBLIC HEARING @ 8:30 PM 

Board members all reviewed law and agreed if anything is found to be lacking, etc. law will be amended. Fee schedule will be set by resolutions and may be amended from time to time.  
Councilman Gier moved for adoption of the following 350, seconded by Supervisor Pero.
 4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#350: RESOLVED: TO CLOSE THE PUBLIC HEARING @ 9:15 PM 

Councilman Gier moved for the adoption of the following motion #351, Motion seconded by Supervisor Pero. Roll Call Vote: Gier ? aye, Pero-aye, Kujawinski- aye, =Borngraber ? aye, 4 Ayes, 0 Nays, 0 Abstains 
#351: RESOLVED: To Adopt Proposed Local Law #4 of 2010 As Local Law #4 of 2010 as follows: 
A local law regulating the licensing and control of dogs in the Town of Brant.

	Be it enacted by the Town Board of the Town of Brant, County of Erie, State of New York as follows:

1.	Chapter 79 Article I of the Code of the Town of Brant is hereby amended by changing its title to ?Dog Control?, and said Article I shall be further amended as follows:

2.	79-1 shall be amended to read as follows:  ?Purpose and Applicability?
A.	Purpose.  The purpose of this chapter is to promote the public health, safety and welfare of the residents of the Town of Brant by providing for:
1.	the licensing and identification of dogs;
2.	the control and protection of the dog population;
3.	the protection of he persons, property, domestic animals and deer from  dog attacks and damage; and
4.	the control of noise by dogs. 

3.	79-2 shall be amended to read as follows:  ?Definitions?
A.	The definitions of terms as set forth in Chapter 59, Part T, of the Laws of  
     	2010 of the State of New York, as further contained in Article 7 of the 
     	Agriculture and Markets Law of the State of New York, effective January	1, 2011, shall be applicable to such terms contained in this chapter.
B.	?Town Clerk? shall mean the Town Clerk of the Town of Brant.
C.	?Purebred Dog? ? A dog registered by a recognized registry association including, but not limited to, the American Kennel Club.
D.	?Town? shall mean the Town of Brant.
E.	?Dog Control Officer? shall mean the person or persons appointed by the Town Board for the purpose of enforcing this Article.

4.	Current 79-3 entitled ?Unlawful Acts? shall now be titled ?Seizure of Unleashed Dogs Off Owner?s Premises? and shall be amended to read as follows:  
A.	All dogs, while off the owner?s premises, whether or not tagged or licensed, shall be kept in the control of the owner at all times, and any peace officer or Dog Control Officer shall seize any dog not kept in the owner?s control while off the owner?s premises.  The peace officer or Dog Control Officer, who shall have seized any dog pursuant to the provisions of this article, shall provide for the feeding and caring of the dog and its disposition pursuant to the applicable provisions of this chapter. 


5.	Current 79-6 entitled ?Seizures? shall now be titled ?Noise by Dogs? and shall be amended to read as follows:
A.	No person, firm or corporation shall keep, or allow to be kept, on premises owned by such person, firm or corporation, any dog which by its frequent barking, howling or whining or other noise shall unreasonably disturb the comfort or repose of any person. 

6.	Current 79-8 entitled ?Filing of Complaints? shall now be titled ?Nuisances? and shall be amended to read as follows:
A.	No person owning, harboring, keeping, walking or in charge of any dog 
shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any sidewalk, gutter, street, play area, park or other public area nor on any private property without the permission of the owner of such property.  The prohibition in this section shall not apply to that portion of the street lying between the curb lines, which portion may be used to curb such dog under the following conditions: any person who so curbs a dog shall immediately remove all feces left by such dog as follows: 
1.	Feces shall be picked up with a scoop, shovel, broom, tong or similar implement and shall be placed directly in an airtight container, plastic or otherwise and then deposited in a container used for the disposal of refuse. 
2.	In no event shall any feces be deposited in any storm sewer or drainage ditch.
B.	Exclusion.
1.	The provisions of this section shall not apply to a guide dog accompanying any blind person.

7.	Current 79-12 entitled ?Penalties for offenses? is hereby amended to read as follows:
A.	Any violation of any of the provisions of this article shall be deemed an offense and any person found guilty of such violation shall be liable for a fine of not less than $50.00 nor more than $500.00.

8.	All other provisions of Chapter 79, Article I of the Code of the Town of Brant not specifically amended by the preceding provisions shall remain in full force and effect.

9.	There is hereby added to Chapter 79 of the Code of the Town of Brant a new Article II entitled ?Dog Licensing, Identification, Fees and Surcharges? which shall read as follows:

 79-13.  Licensing and Identification of Dogs.
A.	Licensing of dogs.  
All dogs within the Town of Brant being four (4) months of age or older shall be licensed by the Town Clerk?s office.  The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk?s office a dog license application, together with a license application fee, any applicable license surcharges and such additional fees as may be established by the Town Board of the Town of Brant.  Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog?s life in which case vaccination shall not be required.  Each license shall be valid for a period of one (1) year and shall not be transferable.

B.	Purebred Licenses.  
The owner of one or more purebred dogs registered by a recognized registry association may annually make an application for a purebred license, in lieu of or in addition to the individual licenses required.  A purebred license shall be valid for a period of one year beginning with the first day of the month following the date of issuance and shall be renewable annually thereafter prior to the expiration date.

The application shall state the name, address and telephone number of the owner; the county and city, town or village where such dogs are harbored; the sex, breed, registry name and number of each purebred registered dog over the age of four months which is harbored on the premises; and the sex and breed of each purebred dog over the age of four months which is harbored on the premises and which is eligible for registration. The application shall also include a statement by the owner that all purebred dogs over the age of four months which are harbored on the premises have been listed.

The application shall be accompanied by the license fee which shall be determined by the Brant Town Board by resolution from time to time and accompanied by a certificate of rabies vaccination or veterinary statement in lieu thereof.
 (e) Upon receipt of the foregoing items, the clerk shall assign a license number, which shall be reserved for the sole use of the named owner, and shall issue a purebred license.  Once a purebred license has been issued, no refund shall be made.
(f) No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of this section, except when the new owner already holds a valid purebred license within the Town of Brant.
(g) The clerk, at the time of issuing any license pursuant to this article, shall require the applicant to present a statement certified by a licensed veterinarian showing that the dog or dogs have been vaccinated to prevent rabies or, in lieu thereof, a statement certified by a licensed veterinarian stating that because of old age or other reason, the life of the dog or dogs would be endangered by the administration of vaccine. The clerk shall make or cause to be made from such statement a record of such information as may be required by the commissioner and shall file such record with a copy of the license.


C.	License Fees and Surcharges.
1.	The Town Board shall, by resolution, from time to time establish the schedule of fees it shall deem necessary and appropriate for the proper administration of its dog licensing and dog control program, and hereby authorizes the Town Clerk to collect and remit such fees consistent with the requirements of Article 7 of the Agriculture and Markets Law of the State of New York
2.	In the event that an owner of a dog which is licensed by a another municipality in Erie County moves into the Town of Brant, he/she must obtain an identification tag from the Town Clerk?s office.  In such instance, there will be no additional fee owing to the Town of Brant until such time as the license from the other municipality expires.  
D.	Identification of Dogs.
1.	Each dog licensed by the Town shall be assigned, at the time the dog is first licensed, a municipal identification number.  Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times.  The Town may exempt dogs participating in a dog show during such participation from this requirement.
2.	No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
E.	Impoundment Fees.
1.	The owner of any dog impounded by the Town of Brant shall be entitled to redeem that dog within five (5) business days, excluding the day the dog is impounded, from the day the dog is impounded, provided that the owner produces proof that the dog is licensed and identified and pays the fees as prescribed by the Town Board from time-to-time by resolution. 
F.	Enumeration Fees.
In addition to the normal dog licensing fees, the Town of Brant shall assess an additional surcharge to the licensing of dogs found unlicensed during any dog census conducted by the Town of Brant.  These fees shall be used to enforce this article and recover costs of the tags used for licensing of dogs.

10.	 Current Article II of Chapter 79 of the Code of the Town of Brant entitled ?Removal of Feces? is hereby redesignated ?Article III? with the same title and content.


11.	79-14. Severability.
A.	If any clause, sentence, paragraph or part of this local law or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof or the application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered. 
B.	This local law shall be affective upon the later of the filing of this local law with the Office of the Secretary of State or January 1, 2011.  

OLD BUSINESS: 
New Town Hall: 
Supervisor Pero moved for the adoption of the following motion #352, Motion seconded by Councilman Gier. Roll Call Vote: Pero-aye, Gier ? aye, Kujawinski- aye, Borngraber ? aye,
4 Ayes, 0 Nays, 0 Abstains 
352: RESOLVED: The Brant Town Board has reviewed and agrees with the conceptual plans presented by John Schenne of Schenne & Associates, and hereby authorizes Supervisor Pero to sign contract for the New Town Hall Renovations. 

Supervisor Pero moved for the adoption of the following motion #353, Motion seconded by Councilman Kujawinski. Roll Call Vote: Pero-aye, Kujawinski- aye, Borngraber ? aye, Gier ? aye. 4 Ayes, 0 Nays, 0 Abstains 
#353: RESOLVED: The Brant Town Board authorizes bid notice to be posted at the earliest date and opening to be set for January 10, 2010 @ 2:00 PM in the Town Clerk?s Office. 

Server Update:
Thea Ells reported that the server has been rebuilt and all have been reconnected, some work to do yet and looking into updating PC?s version.  Gier stated that board members had approved that a particular memo concerning tech access to PC?s and a request for access shall be honored next time as Dave Sink did not have access when needed ? department heads are to check with Thea if there are questions or concerns.  

NYSA Grant:
Announced meeting set for review of new grant with State rep, Jim Tammaro, and Grant Writer Connie Miner, Supervisor Per, and Town Clerk Thea Ells. They will be reviewing plans for covering the cost of records storage for the Town in the NTH.

National Fuel Rebate: some discussion on rebates and programs available for energy saving lights, etc for NTH. 

New Business: 

2011 Organizational Meeting:
Supervisor Pero announced the Organizational Meeting will be held January 4th @ 7:00 PM.  

Councilman Gier moved for the adoption of the following motion #354, Motion seconded by Supervisor Pero. Roll Call Vote: Gier-aye, Pero ? aye, Kujawinski-aye, Borngraber ? aye.
4 Ayes, 0 Nays, 0 abstains#354:  A Thank You to the Angola Penny Saver for lost/found dogs. See copy as follows: 

[url=%%dir[2]%%thx_pennysaver.pdf]thx_pennysaver.pdf[/url] 
 
Resolution/Opposition of NY State SPAY/NEUTER SURCHARGES FOR ALTERED DOGS
Councilman Gier moved for the adoption of the following motion #355, Motion seconded by Supervisor Pero. Roll Call Vote: Gier-aye, Pero ? aye, Kujawinski-aye, Borngraber ? aye.
4 Ayes, 0 Nays, 0 abstains 
#355: It is hereby resolved by the Town of Brant; Erie County, State of New York that:
WHEREAS, The State of New York, Department of Agriculture, has always imposed a three dollar surcharge to be added to the license fee for un-spayed and un-neutered dogs,

WHEREAS, this three dollar surcharge, paid by owners of intact dogs was then used to control dog populations by funding spay/neuter programs, thereby putting the cost of such programs on those who choose to keep their dogs intact,

WHEREAS, Responsible dog owners who have sterilized their dogs through spaying or neutering, were therefore able to enjoy a reduced licensing fee, exempt from spay/neuter fees of any kind,

WHEREAS, The State of New York, Department of Agriculture, as of January 1, 2011 has transferred dog licensing to the local Government level, while maintaining the original three dollar spay and neuter fee, now called a spay/neuter surcharge, AND imposing a new spay and neuter surcharge of one dollar to be added to the licensing fee of each altered dog,

BE IT RESOLVED THEREFORE, The Brant Town Board opposes the imposition of a new spay neuter surcharge meant for owners who have responsibly sterilized their dogs, thereby contributing to the control of the State of New York?s dog population.

FURTHER RESOLVED, The Town of Brant will make its opposition known with the adoption of this Resolution # 355 which will be forwarded to the Governor of the State of New York, the County of Erie, and the Commissioner of NYS Department of Agriculture, Patrick Hooker.

RESOLUTION / Dog Licensing Fees

Councilman Borngraber moved for the adoption of the following motion #356, Motion seconded by Councilman Gier.  Roll Call Vote: Borngraber ? aye, Gier-aye, Pero ? aye, Kujawinski-aye. 4 Ayes, 0 Nays, 0 abstains 
#356:  WHEREAS, The State of New York, Department of Agriculture, as of January 1, 2011 has transferred dog licensing to the local Government level, while maintaining the original three dollar spay and neuter fee, now called a spay/neuter surcharge, have given Local Governments the full responsibility of licensing dogs,

WHEREAS, The Brant Town Board chooses to maintain the current $5.00 licensing fees for altered dogs, which includes the new one dollar spay/neuter surcharge as mandated by New York State Department of Agriculture and Markets.

WHEREAS, The Brant Town Board chooses to maintain the current $13.00 licensing fees for intact dogs, which includes the State mandated three dollar spay/neuter surcharge mandated by the New York State Department of Agriculture and Markets.

WHEREAS, The Brant Town Board chooses to maintain the current Purebred License fees of $25 for 1-10 dogs plus $3.00 per intact dog over 6 months of age, and $50.00 for 11-25 dogs plus $3.00 per intact dog over 6 months of age, and $100 for more than 25 dogs plus $3.00 per intact dog plus $3.00 per intact dog over 6 months of age
.
THEREFORE BE IT RESOLVED, The Town of Brant Town Board adopts the dog licensing fees as contained in this Resolution #355, this 14th day of December 2010 to be effective January 1st, 2011 according to Part T of Article 59 of the NYS Department of Agriculture and Markets.

RESOLUTION / DOG ENUMERATION FEES

Councilman Borngraber moved for the adoption of the following motion #357, Motion seconded by Councilman Kujawinski. Roll Call Vote: Borngraber ? aye, Kujawinski-aye, Gier-aye, Pero ? aye. 4 Ayes, 0 Nays, 0 abstains 
#357:  WHEREAS, The State of New York, Department of Agriculture, as of January 1, 2011 has transferred dog licensing to the local Government level,

WHEREAS, because the Town of Brant wants to ensure all Town of Brant dogs are licensed, the Town of Brant plans to conduct a Dog census in 2011.

WHEREAS, the Cost of the census shall be funded by enumeration fees as permitted by State law.

THEREFORE BE IT RESOLVED, the Town of Brant Board hereby establishes an enumeration fee of five dollars for each dog found to be unlicensed during the census, and it is further

RESOLVED, that the Brant Town Board understands that some owners may have recently acquired their dog.  Owners of recently acquired dogs must have readily available proof of the date they took possession of the dog to present to the census taker.  Newly acquired dogs over 4 months of age must be licensed by the next business day following when they took possession of the dog.  Failure to license in a timely manner will result in an enumeration fee.

RESOLVED, that the Dog Control Officer is authorized and directed to publish two (2) notices in the local Penny Saver to notify residents of the upcoming census not more than 60 nor more than 30 days prior to the start of such census, thereby allowing all to acquire their license, avoiding the fee.

RESOLUTION / IMPOUND & KENNEL FEES

Councilman Gier moved for the adoption of the following motion #358, Motion seconded by Councilman Kujawinski. Roll Call Vote: Gier-aye, Kujawinski-aye, Borngraber ? aye, Pero ? aye. 4 Ayes, 0 Nays, 0 abstains 
#358: WHEREAS, The State of New York, Department of Agriculture, Article 7 has previously permitted local Government?s to charge owners of impounded dogs fees to cover the expense of dog control,

WHEREAS, Agriculture and Markets now requires all local governments to maintain or contract a municipal dog shelter to house impounded dogs.

THEREFORE BE IT RESOLVED, The Town of Brant Town Board hereby adopts the following dog impound and kennel fees:

$25 for the first impound, $35 for the second impound, and $50.00 for the third impound, plus all impounds will be charged $5.00 per day the dog remains in the kennel/shelter, and it is further

FURTHER BE IT RESOLVED, that owners of dogs treated by a veterinarian during impound, reimburses the Town for the cost of treatment prior to redeeming the dog.   

EMP:
Supervisor Pero spoke concerning the impact an EMP event and his support of preparedness for the Town residents. Pero has presented a long term food source package for residents to have one meal a day available and enough to cover one year. Pero has presented that he has a sponsor for a major part of the cost the town would incur. Board members had discussion on the need for a plan. 

SIT Program:
Supervisor Pero reported that the SIT  Program for south towns busing is moving forward as the Cattaraugus Reservation is on board and very supportive of program. 

Reports of Committees/Projects/Town Board Reports/Communications/Misc. Information:
CDBG Senior Fitness Center:
Reported that project must be completed by March to ensure funding is received for a portion of the project. Meeting will be set with Supervisor and Attorney.

Solar Liberty: Town portion of cost is too high at this time. 

A Property Tax Cap Must Include Mandate Relief:

Supervisor Pero moved for the adoption of the following motion #359, Motion seconded by Councilman Kujawinski. Roll Call Vote: Pero ? aye, Gier-aye, Kujawinski-aye, Borngraber ? aye, 4 Ayes, 0 Nays, 0 abstains 
#359: WHEREAS the level of property taxation throughout New York has reached dangerously high levels; and 

WHEREAS New York leads the nation in property taxes simply because we lead the nation in imposing inefficient state mandates on our local governments; and 

WHEREAS two of the largest components of every municipal budget over which local officials have little control ? pension payments and health insurance costs ? are increasing at exorbitant rates; and

WHEREAS in the case of pension costs, bills from the State Retirement System will increase by an average of 40% in both 2011 and 2012; and 

WHEREAS state laws pertaining to the collective bargaining of contracts between municipalities and employee unions, particularly those pertaining to firefighters and police officers, do not allow local officials to reasonably control the costs such contracts impose on property taxpayers; and 

WHEREAS as a solution to New York?s property tax crisis, the Governor of New York and the New York State Legislature will, in 2011, consider enactment of legislation imposing a cap on the annual growth in property taxes; and

WHEREAS a property tax cap will only work if it is simultaneously accompanied by a repeal of current state mandates that require local governments to increase spending and property taxes; and

WHEREAS a property tax cap without repeal of costly state mandates will, by definition, lead to drastic cuts in essential local services and dramatic layoffs of municipal employees; 

NOW, THEREFORE, BE IT RESOLVED by the Town of Brant that the Governor of the State of New York and the members of the New York State Senate and New York State Assembly must reform the cost drivers that lead to high property taxes in New York ? including pension benefits, health insurance costs and the collective bargaining process ? as the central element of any effort to provide overdue property tax relief to the residents and businesses of New York.

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Governor, Senate Majority and Minority Leaders, Assembly Speaker and Minority Leader, Senator Patrick Gallivan, Member of Assembly Kevin Smardz, and the New York State Conference of Mayors.

Pero distributed a Lake Erie Water Shed Survey 
Gier and Kujawinski will work on signage for park, present buildings, and NTH.

Supervisor Pero moved for the adoption of the following motion #360, Motion seconded by Councilman Gier. Roll Call Vote: Pero-aye, Gier ? aye, Kujawinski- aye, Borngraber ? aye,
4 Ayes, 0 Nays, 0 Abstains 
360: RESOLVED: To execute contract ? sorry I have asked for clarification from mover S. Pero.

Gier will work on ID Cards with Lt. Hepkins
Kujawinski reported issue with recycling pick up again.
Board members had discussion on Fracking and the effects on water supply and will be watching what actions the state takes as legislation would not fall under Town Law.
Supervisor Pero listed various correspondences. 

Grant Writer: 
Supervisor Pero moved for the adoption of the following motion #361, Motion seconded by Councilman Gier. Roll Call Vote: Pero ? aye, Gier-aye, Kujawinski-aye, Borngraber ? aye, 4 Ayes, 0 Nays, 0 abstains 
#361: Authorize Supervisor Pero to sign a one year agreement with Connie D. Miner & Company Grant Consultants for professional services from January 1, 2001 through December 31st, for the Town of Brant. 

Councilman Borngraber moved for adoption of the following #361, seconded by Councilman Gier. Roll Call Vote: Borngraber ? aye, Gier-aye, Pero ? aye, Kujawinski-aye, 4 Ayes, 0 Nays, 0 abstains
#361: RESOLVED:  TO APPROVE Abstract 12 of 2010

*Prepaid and unpaid as of December 13, 2010

Gen Fund Town wide Vouchers pd 467-475 & 517, unpd 476-516 Totaling: $22,864.31 
Gen Fund ? Part Town pd 31 $9022.50 unpd 32-41 Totaling: $18,977.50
Highway Fund T.W.  Vouchers pd 100-101 Unpd 102-112 Totaling: $7,516.90 
Highway Part Town Vouchers:  None
Capital Projects: Vouchers pd 5-6 Totaling: $105,000.
Fire Protection District: Vouchers 4-5 unpaid Totaling: $104,430.
Street lighting ? Voucher #11 Totaling $2,577.81
Brant Farnham Sewer ? Voucher pd 2 ? Totaling: $11,675.00
Highway Payroll PT 10/24/10 to 12/4/10 Totaling: none
Highway Payroll TW 10/24/10 to 12/4/10 Totaling: $12,810.71
General Town Wide Payroll 10/24/10 to 12/4/10 Totaling: $48,267.07
General Part Town Payroll 10/24/10 to 12/4/10 Totaling: $878.60

Privilege of Floor:
Peter Chiavetta commended the board members for their professional decorum with one another.  

Councilman Gier moved for adoption of the following #362, seconded by Supervisor Pero. 
#362 RESOLVED: To go into executive session for contract negotiations at 9:45 PM 
4 ayes: Pero, Gier, Kujawinski, Borngraber.0 abstain 0 nays
  
Councilman Gier moved for adoption of the following #363, seconded by Councilman Kujawinski. 4 ayes: Pero, Gier Kujawinski, Borngraber.0 abstain 0 nays
#363 RESOLVED: To close the executive session @ 10:00 PM

Councilman Kujawinksi moved for adoption of the following #364, seconded by Councilman 
Borngraber. 4 ayes: Kujawinski, Pero, Borngraber, Gier. 0 abstain, 0 nays
#364 RESOLVED: TO ADJOURN THE DECEMBER 14, 2010 MEETING OF THE BRANT TOWN BOARD at 10:00 PM IN MEMORY OF FRANK GALLOWAY.

Respectfully submitted,

Thea A. Ells, Brant Town Clerk