Minutes of Special Mtg 6/1/11

Minutes of the Brant Town Board Meeting Held on June 1, 2011 at 1294 Brant North Collins Rd.

Present: Supervisor Leonard Pero,, Councilman Jeffrey Gier,  Councilman Daniel Kujawinski, Councilman Clark Borngraber, Attorney William Trask Sr.,  Town Clerk Thea Ells 
Absent: Councilman Vincent Fullone
The meeting was called to order and reconvened by Supervisor Pero at 6:30 PM with a Pledge to the flag.
Town Clerk verifies that meeting notice was posted and notice was sent to the SUN. 

New Town Hall Conversion Project:
Councilman Gier moved for adoption of the following motion #147, motion seconded by Councilman Borngraber. Roll Call Vote: Gier ?aye, Borngraber ?aye Pero- aye, Kujawinski- aye. 4 Ayes, 0 Nays, 0 Abstains  
#147 RESOLVED: To approve change Order #8 ? Court Room

Tree Program:
Councilman Kujawinski asked for consideration for a program to replace and enhance the park with trees and walking areas with more trees, many of the park trees are ash and will probably be gone soon. 
Supervisor Pero made motion #148, motion seconded by Councilman Gier. Roll Call Vote: Pero- aye, Gier ?aye, Kujawinski- aye, Borngraber ?aye, 4 Ayes, 0 Nays, 0 Abstains  
#148 RESOLVED: Approve tree project for Brant Town Park this year with direction from Councilman Kujawinski ? Amount not to exceed $2500.00

FLN Tower:
Board members had some discussion and comments including residents: next steps, declaring a negative SEQR, Special Use Permit, public split over issue, steps followed so far and applicant has responded, land use law, and tower height. 
Supervisor Pero read the following: 
Negative Declaration (June 1, 2011)

WHEREAS, on or about December 30, 2010, a completed application was received from Family Life Ministries, Inc. for construction of a 300 foot FM broadcast tower on lands owned by Randall Frye, Jr. on Milestrip Road (parcel no. 285.00-1-20.111) in the Town of Brant, and

	WHEREAS, Family Life Ministries, Inc. (hereinafter ?FLM?) has applied to the Town of Brant Town Board (the ?Board?) for a tower special permit with respect to the project; and

	WHEREAS, the project was duly referred to the Erie County Department of Planning pursuant to General Municipal Law  239-m, and a response was received and processed on such zoning referral; and

	WHEREAS, the Planning Board of the Town of Brant has reviewed the application and made a recommendation for issuance in favor of issuance of the tower permit; and

	WHEREAS, the Board has conducted public meetings and/or public hearings on the proposal during which the applicant and members of the public have been given an opportunity to be heard; and

	WHEREAS, the Project is an unlisted action under the State Environmental Quality Review Act (?SEQRA?) and the Board, as lead agency, has conducted a single agency review of the Project; and

	WHEREAS, the Board has taken a ?hard look? at all potentially adverse environmental impacts pursuant to SEQR.

	NOW, THEREFORE, be it resolved by the Board that:

	Based upon the Board?s thorough and careful review of the Project and FLM?s application materials, including the Environmental Assessment Form and all other materials submitted in connection therewith, the Board hereby determines that the Project will not result in any significant environmental impacts and hereby issues a negative declaration for the Project pursuant to SEQR.


	1.	Air, Water, Noise, Waste, Erosion, Drainage, Site Disturbance Effects:  The Project will not create any adverse change in the existing air quality, water quality or noise levels, nor in solid waste production, nor potential for erosion, nor promote flooding or drainage problems.  The Project will produce a minimal disturbance of soil and vegetation, with minimal storm run-off.

	2.	Aesthetics, Agriculture, Archeology, History, Natural or Cultural Resource, Community or Neighborhood Character:  The Project will not adversely affect agricultural, archeological, historical, natural, or cultural recourses.  Although a facility of this nature will be visible, it has been sited responsibly so as to minimize visual impact and the size and design of the tower is such that its visual impact on the community is expected to be minimal.  The only discernable visual impact would be lighting as necessary to not pose a safety hazard for emergency and other low flying aircraft such as the Erie County Sheriff?s Department and Mercy Flight.

	3.	Vegetation, Fish, Wildlife, Significant Habitats, Threatened or Endangered Species:  No plant or animal life will be adversely affected by the Project.

	4.	Community Plans, Use of Land or Natural Resources:  The Project is not inconsistent with official community plans and goals and will have no adverse effects on land-use or the use of natural resources by or in the community.

	5.	Growth, Subsequent Development, etc.:  The Project will not induce any significant or adverse growth or subsequent development.

	6.	Long Term, Short Term, Cumulative, or Other Effects:  The Project will not have any significant adverse long term, short term, cumulative, or other environmental effects.

	7.	Critical Environmental Area:  The Project will not have an impact on any Critical Environmental Area as designated in 6 NYCRR, subdivision 617.14(g).

	8.	Public Health and Safety:  FLM has submitted engineering reports establishing acceptable structural design standards and projecting radio frequency emission levels which are within guidelines and limits established by the Federal Communications Commission and which, by law, are binding upon the Board.  Accordingly, the Board finds no adverse impacts on the public health.

	6 NYCRR  617.1 states that it is the intention of the SEQR regulation ?that a suitable balance of social, economic and environmental factors be incorporated in the planning and decision making of State, regional and local agencies.  It is not the intention of SEQR that environmental factors be the sole consideration in decision making.?

	This Board has considered all of the evidence submitted by FLM and has determined that the Project will not have a significant adverse environmental impact on the community.

	Notice of this determination of non-significance shall be filed to the extent required by applicable law or regulation under SEQRA or as may be deemed advisable by the Board.

Supervisor Pero made motion #149, motion to have a negative declaration seconded by Councilman Borngraber. Roll Call Vote: Pero- aye, Borngraber ?aye Gier ?nay, Kujawinski- nay, 2 Ayes, 2 Nays, 0 Abstains  
#149: Draw vote on declaration
Comments were made by FLN representatives stating they have responded to all procedures and have no precedence for the requirements such as the SEQR, and requirements have been numerous 

Work on signage is moving forward per Pero: park has a stone sign that needs work, and NTH interior signs moving ahead

CDBG/Senior Fitness Center:
Pero reported that he has equipment to order yet from the grant portion ? approx. Cost of equipment is $11,000.00 for a bike, walk, and row machine. 
Councilman Gier made motion #150, motion seconded by Councilman Borngraber. Roll Call Vote: Gier ?aye, Borngraber ?aye, Kujawinski-abstain, Pero- aye. 3 Ayes, 0 Nays, 1 Abstains  
#150: to approve Supervisor Pero to order exercise equipment not to exceed the anticipated balance of CDBG grant.
Farm Labor Museum:
Supervisor Pero spoke on a request to conduct a feasibility study for the old town hall to become a farm museum through Puerto Rican funds as Richard Stokowski is willing to do the study. Pero spoke on history of farming in Brant and the possibility of a national museum. 
Board members asked to table.

Councilman Borngraber reported he had a laborer who could handle doing the pool and recommended pay of $12.00 per hour, will have name etc. for June 14th meeting for approval.

Pero thanked LSYF volunteers for all their hours on the recreation building.
Pero reported that LSYF is starting construction of their storage building and asked the board to consider purchasing lights for the field for LSYF. Board members had some discussion: engineer approval, electric ? underground, etc.

Ribbon Cutting:
Pero announced there will be a Double Ribbon Cutting at the Brant Town Park for the New York Parks Grant for the Park Expansion and for the Senior Recreation Building. It will be held at the Brant Town Park on Monday June 6th @ 3:00 PM ? Please Join Us.

ID Cards:
Don Hepkins reported all is set for cards

ECGA Meeting:
Pero announced the June meeting will be held at our Senior Community Building on June 23 @ 6:00 PM ? Gier and Borngraber will assist.

Brant Summer Fest:
June 18 ? Saturday ? things moving ahead ? please attend

New Town Hall:
John Schenne announced contractors will be done in two weeks ? Pero would like to set date for dedication ? July 23 or 30 ? board had discussion and will set date @ June 14 meeting.  Pero reported speaking to Local 17 and they will work with Borngraber on parking lot.  Some discussion on moving and having some town employees doing the work.
Pero stated some furniture still needed ? someone to go to Buffalo Interior Equipment.

Tower Code:
A draft has been submitted to council and board members for review, discussion on steps, set public hearing for July meeting.  Discussion on change of date for July meeting.
Public Hearing for Tower Code will be July 19th @ 8:00 PM.

Disaster Relief:
Local groups are joining together to fill buckets with much needed specific supplies for tornado and flood victims. Items are needed and they will have a booth at the Brant Fest- monetary donations and items are needed. 
Supervisor Pero made motion #151, motion seconded by Councilman Borngraber.
 Pero, Borngraber, Gier, Kujawinski 4 Ayes, 0 Nays, 0 Abstains  
#151 RESOLVED: TO sponsor four (4) buckets for disaster relief ?approx cost $240.

Board discussed and agreed to stay in the consortium for CDBG grants

Pero reported survey is being compiled along with more information and results will be known soon. 

BOND Council:
Pero reported receiving billing for services rendered for council in reference to BAN?s for the purchase of the NTH, Highway Truck, conversion project loan; these will be paid on the June abstract.  

Co-location ? Shaw Rd
Attorney Trask Sr. discussed with board a co-location application for Shaw Rd. his recommendation is that the town set a $250.00 Building permit fee and request along with application we receive structural certification for the co-location. Trask spoke on all Special use permits procedure - as they are set up to allow town to have annual review for issues such as land use, conditions the same, updated removal bonds, etc. 

Supervisor Pero made motion #152, motion seconded by Councilman Kujawinski.
Roll Call Vote: Pero- aye, Kujawinski- aye, Gier ?aye, Borngraber ?aye 4 Ayes, 0 Nays, 0 Abstains  
#152: RESOLVED: To Proceed With SUP Application From Verizon For A Co-Location On Shaw Rd Tower With A Building Permit Fee Of $250.00 With Structural Certification.

Councilman Gier spoke on board members working together and expressed his view that all seemed to be going well and was glad to have members working together, Borngraber spoke on same that all are there for the town, Kujawinski agreed, and Pero thanked all for helping him to see everyone?s opinions should be respected.

Board discussed senior recreation building ADA lift, gym access and building use ? need policy ? board will address at the next meeting.

Borngraber gave out his report on grounds so far this season, asked all to review. 

Councilman Gier made motion #151, motion seconded by Councilman Borngraber.
 Pero, Borngraber, Gier, Kujawinski 4 Ayes, 0 Nays, 0 Abstains  
#153 RESOLVED: To Adjourn the June 2, 2011 Meeting Of The Brant Town Board At 8:25 Pm In Memory Of Neal Wilson And Bob Lietz

Respectfully submitted,

Thea A. Ells, Brant Town Clerk