Minutes of the regular meeting of the Brant Town Board held on Tuesday August 14th, 2007 at 7:30 PM at the Brant Town Hall 1294 Brant North Collins Rd, Brant. There were present: Supervisor Leonard K. Pero Councilman John Arrigo Councilman Jeffrey W. Gier Councilwoman Roseann Turner Councilman John J. Chiavetta Recording Secretary: Town Clerk Thea A. Ells Attorney William J. Trask Record of Legible Sign In Attendance: Martin Rosiek, Lee Brunelli, Jean Brunelli, Michele Kujawinski, Dan Kujawinski, Michele Browning, Peter F. Loretto, Laurie Greiner, Joseph Gardyjan, Diane Czyz, Brian Campbell, Brian Kauzala, George Cordia Jr., Kirk Ritz, Dave Gierlinger, Christine Gierlinger, Clark Borngraber, Bill Henry, Jeff Fox, William Ford, Erica Lottbrein, Kathleen Headley, Janet Bowman, Rick Dole, Eugene Hock, Arletta Hock, Alice Escott, Tim Kobel, Stephen Twarozek, Charles Arrigo, Chad Kaczmarek, Sherman Reickart Jr., Linda Crouse. The meeting was called to order at 7:30 PM with a pledge to the flag led by Supervisor Pero. Councilman Gier moved for the adoption of motion 165-07, seconded by Councilwoman Turner 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: JULY 10 2007 TOWN BOARD MINUTES JULY 18, AUGUST 2 SPECIAL MEETINGS AND AUGUST 9 WORK SHOP MINUTES ARE APPROVED Councilman Gier moved for the adoption of motion 166-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: SUPERVISORS JUNE 2007 FINANCIAL REPORT IS APPROVED Councilwoman Turner moved for the adoption of motion 167-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO ACCEPT THE FOLLOWING BUDGET MODIFICATIONS FOR THE MONTH ENDING JUNE 2007 GeneralFundTownwide(A) $ 743.00 from A1990.4 Contingent Account $ (743.00) to A1620.2 Buildings(Town Hall)-Equip & cap outlay For remove old door & install new side door. $ 320.00 from A1990.4 Contingent Account $ (320.00) to A7550.4 Celebrations-Contr Expend Highway Townwide(DA) $ 3,080.00 from DA5142.1 Snow Removal-Pers Serv $ (3,080.00) to DA5148.1 Services for Other Governments-Pers Serv Councilwoman Turner moved for the adoption of motion 168-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: TOWN CLERKS & COLLECTOR OF TAXES (FINAL) JULY 2007 FINANCIAL RECONCILIATION REPORTS (3) BE ACCEPTED Councilman Gier moved for the adoption of motion 169-07, seconded by Councilwoman Turner 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: JUSTICE GUGINO?S JULY 2007 FINANCIAL RECONCILIATION REPORTS (2) BE ACCEPTED Councilman Gier moved for the adoption of motion 170-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: JUSTICE RITZ?S JULY 2007 FINANCIAL RECONCILIATION REPORTS (2) BE ACCEPTED July 2007 code enforcement officer?s activity report will be reviewed next month due to CEO?s illness. Councilman Gier moved for the adoption of motion 171-07, seconded by Supervisor Pero 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: JULY 2007 DOG CONTROL OFFICERS ACTIVITY REPORT BE ACCEPTED AS READ Councilman Gier moved for the adoption of motion 172-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: JULY 2007 POLICE ACTIVITY REPORT BE ACCEPTED AS READ Include in the Town Clerks report Thea Ells announced that the Clerk?s Office had been awarded a records management grant of $6,054.00 to change over some of the vital, payroll, and minute book records to CD format for easier retrieval of past records. Last concert is next Monday ? Frankfurters. Councilman Gier moved for the adoption of motion 173-07, seconded by Councilman Arrigo 5 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: JULY 2007 TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED AS READ No report as there was no meeting in July 2007 for the Brant Planning Board OLD BUSINESS: Councilman Gier moved for the adoption of resolution 174-07, seconded by Councilwoman Turner 5 Ayes Pero, Arrigo, Turner, Chiavetta 0 Nays ADOPTED: PUBLIC HEARING to be held by the Brant Town Board in the Brant Town Hall, 1294 Brant-North Collins Road, Brant, New York on the 11th day of September 2007 at 8:00 P.M. Local Time for the purpose of considering a rezoning petition requested by George J. Castle ll located at 10810 Versailles Plank Road at Brant North Collins Road being 5.25 acres, SBL#284.00-3-8 from Agricultural (A) to Commercial Zone (C). According to Brant Town Code under Article Xll Amendments: 161-72 Any such petition shall be referred to the Planning Board for report thereon to the Town Board (this was accomplished by a Public Hearing held on June 26th). 161-72-D states: and in case, however of a protest or against such change signed by the owners of 20% or more of the area of land included in such proposed change or of that immediately adjacent extending 100 feet there from or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least four members of the Town Board. All parties in interest and citizens shall have an opportunity to be heard at the public hearing aforesaid. Clerks note: All Department Reports are attached in Minute Book; financial reports are filed in respective offices. Acknowledgment of Visitors was opened by Supervisor Pero. Martin Rosiek commented with a suggestion that the Board should be doing long term planning concerning the Brant Police Department and to consider using an outside consultant. Rosiek asked for a verbal reading of the budget modifications that the Town Board had passed tonight. Pero read off the modifications. Dan Kujawinski asked what procedure the Board has for reviewing bills before they are put on the abstract and the dollar limit when bills would need pre approval. Dick Gryska the Town Accountant addressed the question that procedure is anything over 250.00 except for contractual/utilities, etc. the department head should have preapproval. Pero answered that the auditing committee doesn?t receive the vouchers to review till before the town board meeting and that they don?t have a good handle on them - in the future the whole board will be reviewing them at the workshops. Kirk Ritz questioned if the Town Attorney has contacted the State Comptroller and the Erie County District Attorney. Ritz asked if the rumors that Hock will be reinstated tonight are true. Ritz commented and questioned how can the board can justify that at the same time the Board froze wages they brought in one person at $30.00 an hour and also then approved one $600.00 uniform and was it preapproved? Pero answered that yes the officials named were contacted; and yes, while Pero was away due to his heart attack he approved the uniform purchase; concerning budget it is the decision of the town board to do what we did and that?s what the contract read and that?s what we did. Christine Gierlinger commented that at the organizational meeting the procedure is that any voucher over $250.00 need pre approval but she has foiled copies of a number of vouchers which did not have preapproval marked on them, stated she has altered payroll records for Dave Hock, and has foiled copies of dispatch records that show no duty record for Hock which disproves his letter to Councilman Gier that he was working those days. Pero said no more comments would be heard, that the comments are personnel issues. Pero commented that they have never come to his office with these issues Dave Gierlinger stated that they have been at meetings and repeatedly shut down and not able to approach the issues. Pero stated they are personnel issues - when they go into executive session and he won?t discuss someone?s pay in an open meeting. Pero mentioned the Town Forum meetings that are held for open discussion of town topics. Ernest Niedermeier asked if Hock was to be reinstated and Pero answered it will be addressed later in the meeting. Stanley Kijek questioned the hours of a town officer. Pero - no comment as question was vague. Tim Kobel commented that Lenny Pero has returned his calls and tried to address his concerns in the past. Bill Ford commented on the good job Dave Hock did on the water line job for the town and didn?t cut his driveway. Bill Henry commented on the work Pero has been doing on behalf of energy. Betty O?Donnell applauded all those doing FOIL, but wonders where the questions were for the previous administration, and is sorry to see the discord. She feels good that there is a Supervisor in place, who cares about more than the just the four corners, and said that the Town forum gatherings is where there is an opportunity to speak and should be attended. Peter Loretto commented that Pero came personally to see him and the speed was being kept down near his home and lately he doesn?t see any police presence. Acknowledgment of Visitors was closed. Project Reviews: Memorial Park: Supervisor Pero announced the Memorial Park Dedication for Saturday September 15 @ 2:00 PM. Basketball/tennis Combo Courts- Councilman Gier reported that Latak Blacktopping Inc. would begin work on courts by placing netting, divider and hoop poles; letting them cure and starting on the sidewalks, then back to the courts. This should all start week after next. Senior Community Building: Supervisor Pero reported that the patio is complete and the kitchen would be finished this week or next and announced the rededication of the Senior Community Building for Saturday October 13th at 1:00 PM. SWR Water Consortium: The approved survey was done followed by a meeting which was well attended. Next step is a hydraulic test which is also a matching fund project approved by the Board previously. When complete the engineers will have the necessary information to do a map plan and report which will have an estimate of cost and the board will hold a public hearing. Total cost to that point from the Town will be $2,900.00. Funding options will be looked at that time but we?re looking at alternates, next meeting with CRA Infrastructure is in September. Energy Park: Supervisor Pero stated that Bill Henry and Joe Gardyjan have helped and influenced an energy project for the Town. The plan will use the old dump site and clean it up and place two to three windmills, solar energy and use the methane gas. Pero stated that the Town of Brant will be the first pilot program to own our own energy business. Senator Volker called Pero and it is going to be a reality; Volker will be coming forward with the finances for the study. The plan will consist of clean up of the park and we will create electricity. The energy we create will eliminate or very greatly reduce your town tax and the way it is figured out right now, you may not have a town tax and it will cut into your electric bills. We will have clean energy which helps all of us including the Village of Farnham as this is a three phase project and it is a joint venture with them in phase two. This will bring clean energy, education for our children and tourism. Pero reviewed his plan of development that he has been working on with Erie County Planning, Farnham and the Seneca Nation on Erie Road and near the lake. This could lead to more housing, by way of a gated community, where they would not have any town tax and hardly any electric and it will bring an increase in businesses. He stated the Agricultural area would remain and yet an increase in other areas. Energy Fair: Bill Henry spoke to those present concerning bringing the options that residents have for alternate energy sources to a forum which all can attend. Some of those attending will be: UB Green, Wind Action Group, Solar Liberty, EG TAX, NYSERDA, The representatives from these organizations will be on hand and there will be presentations. Bill spoke on sales tax exemption for alternate energy, income tax exemptions and grants that are available. The Energy Fair will be held Saturday September 22 @ the Brant Fire Hall from 11 AM till 6:00 PM. Reports from Councilman: Councilman Chiavetta said he wanted to verify some items and would give his report on the technology upgrades at the Town Hall next month. Supervisor Pero: Pero met with SPCA representative on July 2oth and they are asking for the Supervisor to sign a letter of support and asked for a motion to allow him to do so. Councilman Arrigo moved for the adoption of resolution 175-07, seconded by Councilman Gier 5 Ayes Pero, Gier, Arrigo, Turner, Chiavetta 0 Nays ADOPTED: TO APPROVE SUPERVISOR PERO TO SIGN A LETTER/RESOLUTION OF SUPPORT FOR THE WESTERN NEW YORK SPCA TO APPLY AND RECEIVE GRANT TO CONTINUE THIER WORK IN THE AREA. Southtowns Coalition July 19th forum was at the Evans Hall. Discussion on tourism- Pero reported that they are working on a packet for the area. Southtowns Planning meeting was attended by Joe Gardyjan and discussion included a magazine for New York and getting local ads in that publication. Exercise Program for seniors: Pero met with Barbara Scheffler of Silver Sneakers the program would require an inter-municipal agreement with Town/Village of Hamburg. Scheffler has attended a meeting with the seniors. Local Partnership Meeting with Bob Reynolds in Hamburg on August 3 was attended by Pero ? discussion included abandoned property, farmers? labor program, and the control Board. NEST meeting in Orchard Park on August 9th attended by Pero - free computer/electronic equipment drop off at Goodwill offices of WNY anytime all year long. Announced a new business opening on Erie Road in Farnham by Planning Board member Jamey Solecki: Grand Opening of Etched in Stone attended by Joe Gardyjan and Thea Ells. Pero announced he will be meeting with Nathan Rizzo of Solar Liberty and Bill Henry about a possible solar energy on our Highway Building ? Bill Henry reported that Orchard Park has received free systems on buildings and will produce a decrease in their energy bills - NYCERTA will pay for 70%. Erie county Water Authority invited two officials from the Town to attend August 22 at the treatment plant. Pero announced a meeting at Erie County Fiscal Stability Board for tomorrow August 15th would like someone to attend as he cannot. NYS DOT - Pero received confirmation of his letter of request to NYS DOT for signs to indicate residency of a sight impaired person in the area on Brant Farnham Road via a request to Pero from Mike and Shirley Trask. NYS DOT will be conducting a study in that area. NEW BUSINESS: NYS UNIFIED COURT SYSTEM JUSTICE COURT ASSISTANCE PROGRAM The Board received a request from Justice Debra Ritz to apply for a Justice court grant which will include an assessment and approval to purchase equipment for security which may include hand held wands, security cameras etc. for the Court. Pero stated that if implemented it may require more staff. The following resolution #081407-176 was offered by Councilman Gier of the Town of Brant, who moved its adoption: Whereas: The Justice Court Assistance Program was established by the New York State Legislator as an ongoing vehicle by which the State can assist Towns and Villages in the operation of their Justice Courts; Whereas: The State of New York Unified Court System is entertaining applications for the Justice Court Assistance Program with an August 31st, 2007 deadline; Be It Resolved: That the Town Board of Brant does hereby authorize Justice Debra Ritz to prepare and the Supervisor to sign and submit a grant application entitled: NYS UNIFIED COURT SYSTEM JUSTICE COURT ASSISTANCE PROGRAM and if awarded, to be the official representative in connection with the application, providing any additional information, if required, and to fully comply with the execution of the contract. Resolution #081407-176 was seconded by Councilman Arrigo and duly put to a vote, as follows: Aye: 5 Nays: 0 Absent: 0 Councilman Jeffrey Gier Voting Aye Councilman John Arrigo Voting Aye Supervisor Leonard K. Pero Voting Aye Councilwoman Roseann Turner Voting Aye Councilman John J. Chiavetta Voting Aye Assessor Term Appointment: Supervisor Pero reported that they will be looking into reviewing whether they will appoint the present assessor for another year or not at next months? meeting. Health Plan: Supervisor Pero reported that the Health insurance plan that was adopted had an increase but the fine print indicated no dental coverage which was not noticed and he has acquired a contract from Delta for coverage. Councilman Arrigo moved for the adoption of resolution 177-07, seconded by Councilman Gier 5 Ayes Pero, Gier, Arrigo, Turner, Chiavetta 0 Nays ADOPTED: TO APPROVE SUPERVISOR PERO TO SIGN A CONTRACT WITH DELTA FOR DENTAL COVERAGE FOR PRESENTLY COVERED EMPLOYEES. Lake Shore Central Contract: Councilman Gier moved for the adoption of motion 178-07, seconded by Councilman Chiavetta 5 Ayes Pero, Gier, Arrigo, Turner, Chiavetta 0 Nays ADOPTED: TO AUTHORIZE SUPERVISOR LEONARD K. PERO TO SIGN AN AGREEMENT BETWEEN EVANS BRANT CENTRAL SCHOOL DISTRICT AND TOWN OF BRANT FOR THE USE OF BUSES FOR THE BRANT RECREATION PROGRAM. Announced an Immunization (FLU shot) Clinic to be held at the Brant Senior Community Building on October 20th from 12:00 noon till 4:00 PM by appointment and it will be held barring any problem with receiving the vaccine. RESOLUTIONS: The following resolution #081407-179 was offered by Councilman Arrigo who moved its adoption, seconded by Councilwoman Turner to wit: WHEREAS, Mark McMahon and American Legion Post 735 in West Seneca, New York, have purchased and shipped twenty (20) Spartan II Body Armor Vest to Al Anbar Province in Iraq for Cpl. Michael McMahon and other members of his platoon, and WHEREAS, the soldiers were told before they were deployed could wear body armor purchased on their own, and WHEREAS, according to the Captain?s Journal, gear and equipment problem for Marines on the Marine Corps website, the much heralded modular tactical vest (MTV), which was promised early 2007, has yet to be deployed. The Commercial version of the MTV is the Spartan II Assault Vest, which, in form, fit and function, is exactly equivalent to the MTV, and WHEREAS, several soldiers from the Town of Brant have been deployed to fight for our freedom, and WHEREAS, the Marine Administrative Order 262-07 states that the commanders may authorized members of their commands to use commercially purchased personal protective equipment (PPE) in addition to those issued by the government, as long as additions do not Interfere with the functionality of approved PPE individually purchased commercial PPE will not be reimbursable by government funds; and WHEREAS, Congressman Brian Higgins, in a letter to General James Conway, Commandant of the Marine Corps, stated every American soldier should have access to the best body armor available, and they should have clear guidance on what additional equipment is approved for use: NOW, THEREFORE BE RESOLVED that the Brant Town Board requests the United States Senators from New York to assist in the efforts of Mark McMahon, American Legion Post 735, and Congressman Higgins in their attempt to provide for the safety of these Marines and all soldiers by allowing them to wear the Spartan II Assault Vest; and BE IT FURTHER RESOLVED that a copy of this resolution be sent to Senator Charles Schumer, Senator Hillary Rodham Clinton, Governor Eliot Spitzer, Congressman Brian Higgins, and The WNY Delegation of the New York State Senate and Erie County municipalities. This Resolution shall take effect immediately. The foregoing Resolution was duly put to a vote on roll call and was unanimously adopted. Ayes: 5 Nays: 0 Absent: 0 Councilman John Arrigo Voting Aye Councilwoman Roseann Turner Voting Aye Councilman Jeffrey Gier Voting Aye Councilman John J. Chiavetta Voting Aye Supervisor Leonard K. Pero Voting Aye Councilman Gier moved for the adoption of the following resolution 081407-180 seconded by Councilman Arrigo WHEREAS, the County of Erie owns many miles of county roads in the Town of Brant WHEREAS, their condition is generally poor to fair and WHEREAS, their maintenance is woefully inadequate BE IT THEREFORE RESOLVED that this board urgently recommends that the County Executive and Legislature budget sufficient funds for Annual Normal Maintenance including removal of brush, ditch maintenance and resurfacing of all county roads. The Current impasse concerning bonding should not affect in any way normal maintenance. Bonding should be utilized only for Major Rehabilitation Projects for road rebuilding and bridge replacement, not ordinary maintenance. RESOLVED, that the Town Clerk is hereby authorized to send certified copies to the County Executive and the Legislature and all municipalities in Erie County. The foregoing Resolution was duly put to a vote on roll call and was unanimously adopted. Ayes: 5 Nays: 0 Absent: 0 Councilman Jeffrey Gier Voting Aye Councilman John Arrigo Voting Aye Councilwoman Roseann Turner Voting Aye Councilman John J. Chiavetta Voting Aye Supervisor Leonard K. Pero Voting Aye Supervisor Pero read a resolution of opposing the elimination of local zoning control over windmill siting, etc. the Board decided to table till next month for consideration. Supervisor Pero read a resolution concerning property tax reform - the Board decided to table till next month for consideration. Councilman Gier moved for the adoption of resolution 081407-#181, seconded by Councilwoman Turner A roll call vote was taken: 5 Ayes 0 Nays Councilman Gier Voting Aye Councilwoman Turner Voting Aye Councilman Arrigo Voting Aye Councilman Chiavetta Voting Aye Supervisor Pero Voting Aye Whereas, the high cost of property tax is a major contributor to population decline and economic distress in New York State and Whereas, the Brant Town Board supports any and all NY State property tax reform and Whereas, the Brant Town Board recognizes the burden that school taxes place on NY State property owners and Whereas, the Brant Town Board applauds the NY State Senate for their June 13, 2007 passing of major tax reform legislation that could result in the complete elimination of residential school property taxes and Furthermore, by passing this legislation it would breathe new life in a struggling economy by creating more jobs with the added revenue that would be dumped into the market place and Now Therefore Be It Resolved, the Brant Town Board urges the Honorable Governor Eliot Spitzer and the NY State Assembly to consider passing legislation to support the Senates (NY- Stop) Bill (S-6119) fully by totally eliminating school property tax by phasing it out over 5 years with a property tax freeze for senior citizens- setting up a tax reform commission and helping communities with a plan for mandated tax relief RESOLVED, that the Town Clerk is hereby authorized to send certified copies to Senator Mary Lou Rath, Governor Spitzer, Assemblymen and Erie County Town Boards. Supervisor Pero received confirmation from the Association of Towns that our dues for 2008 will be $700.00. Supervisor Pero received a letter from Time Warner Cable that there would be some channel lineup changes in the near future. Supervisor Pero read from a letter received from Officer Ray Zabron concerning a call on July 12th which could have resulted in a disastrous situation naming the courage and bravery of Brant Firemen. Councilman Arrigo moved for the adoption of resolution 182-07, seconded by Councilman Gier and Supervisor Pero5 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO APPROVE THE SUPERVIOSR TO PURCHASE A PLAQUE FOR OUR BRANT FIRE DEPARTMENT IN HONOR OF THEIR UNSELFISH ACTS OF BRAVERY, TO EXPRESS APPRECIATION AND TO COMMEND THEIR ACTIONS. Councilman Chiavetta moved for the adoption of resolution 183-07, seconded by Councilwoman Turner Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: FOR THE TOWN BOARD TO GO TO EXECUTIVE SESSION TO CLARIFY A SITUATION FOR THREE TO FIVE MINUTES at 8:40 PM Councilman Chiavetta moved for the adoption of resolution 184-07, seconded by Councilwoman Turner Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: FOR THE TOWN BOARD TO RETURN FROM EXECUTIVE SESSION AT 8:50 pm Supervisor Pero: I would like to comment on the article that appeared in the Buffalo News on Saturday August 11, 2007.The Town of Brant is operating in compliance with Erie County Civil Service in regards to our police department. As William Barto stated in the article, Mr. Hock has been classified as a non civil service part time police officer(non competitive) with a maximum work week of 20 hours. This statement is totally correct and the Town of Brant has complied with Mr. Barto?s direction of civil service compliance schedule and regulation. In fact, not only did the Town Board send the proper paper work to Mr. Barto & Civil Service regarding Mr. Hock but the Town also ordered and received a civil Service Police Chief?s list. Recently the Town Board has had several special meetings in regards to sending out a cover letter to the applicants on this list so that we could find and go forward with the hiring of a certified officer to be in charge of our department. The Supervisor was appointed by the Town Board as Police Commissioner and is presently in charge of authorization of documents. Councilwoman Turner has been doing the administrative work that is necessary, such as scheduling & reports that need to be filed with the commissioner for authorization. So, therefore the headlines of labeling Mr. Hock as Acting Police Chief are in error and there is no wrong doing with civil service. The Town Board is looking into allegations of improper filing of a questionable voucher for $604.00, but there has not been any charges brought about against part time Police officer David Hock in regards to this matter. It is unfortunate that the Supervisor?s office was not contacted or notified by the news so that this information could have been corrected. Councilwoman Turner moved for the adoption of resolution 185-07, seconded by Councilman Chiavetta Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO BE ADDED TO THE TOWN PROCUREMENT POLICY ALL VOUCHERS TO BE PAID MUST BE SIGNED BY THE DEPARTMENT HEAD AND PRESENTED TO THE TOWN SUPERVISOR AND AUDITED BY THE TOWN BOARD AT THE WORKSHOP MEETINGS. Town Accountant is working on a preapproval form for expenditures over the approved limit before the expenditure is incurred. Supervisor read a statement to be put on record and asked for board approval: We as a Town Board will be taking a closer look at all employees of the Town of Brant. Supervisor stated that the Board asked for the resignation of Town Attorney, William J. Trask Sr. and he is resigning as of tomorrow. Supervisor Pero read the following resolution, Councilman Chiavetta moved for its adoption: discussion from Councilman Arrigo requested that outside counsel not of the Town be appointed, one not to be controlled, Pero stated no control and that we had a situation and talked about it upstairs and the attorney decided to resign. Pero stated that Grennell has been a past town attorney and is our prosecutor. Arrigo stated that he is in disagreement with these procedures, the board acted and if they had done differently a year ago things would be okay. Councilwoman Turner seconded the adoption of resolution 081407-186 Ayes: 4 Nays: 1 Absent: 0 Councilman John J. Chiavetta Voting Aye Councilwoman Roseann Turner Voting Aye Councilman John Arrigo Voting Nay Councilman Jeffrey Gier Voting Aye Supervisor Leonard K. Pero Voting Aye BE IT RESOLVED as follows: That Resolution 080907-162 is amended to read as follows: ?Resolved that Special Counsel to the Town of Brant is directed to seek assistance of the New York State Comptroller in conducting a complete and thorough financial audit of the Town of Brant Police Dept. for the period May 1, 2006 to present.? Resolution 080907-163 is amended to read as follows: ?Resolved that the Special Counsel to the Town of Brant is directed to seek assistance of the Erie County District Attorney in conducting a complete and thorough investigation of any irregularities involving the submission and payment of the Town of Brant voucher No. 600 from Abstract 13 of 2006.? That Resolution 080907-164 is rescinded retroactive to August 9, 2007 and hereby immediately lift the suspension of Part time Police Officer David Hock Be it further resolved that the Town Board hereby creates the position of Special Counsel to the Town of Brant to coordinate with the New York State Comptroller?s Office and Erie County District Attorney?s Office in the investigation of Officer Hock together with any and all duties as may be required by the Supervisor and Town Board and It further resolved that the Town Attorney immediately turn over to said Special Counsel all files, documents, records of the Town that Special Counsel may require in his sole discretion whether related to such investigation or any other matter relating to the Town and Be it further resolved that the Town Attorney take no action for or on behalf of the Town except with prior consent of the Supervisor and Be it further resolved that John C. Grennell, Esq. is hereby appointed to the position of Special Counsel to the Town of Brant with compensation as may be determined by the Board. Supervisor Pero said Councilwomen Turner did contact DA Frank Clark?s office on Friday and she has spoken with him on this and other matters. Supervisor Pero read the following; We as a Town Board realize that the suspension of David Hock was done in haste and we are morally and ethically obligated to change what we feel was a hasty decision before we gathered all of the facts. So therefore: The Brant Town Board is embarrassed and would like to make a public apology to Part Time Police Officer David Hock and his family and also to the residents of the Town of Brant for the public embarrassment sustained from our prompted actions. Supervisor Pero recognized Ernest Niedermeier ? Ernest asked if our part time officer makes $30,000.00 and Pero answered, no he does not but we are not going to discuss personnel issues. APPROVAL OF ABSTRACT Councilman Chiavetta moved for the adoption of resolution 187-07, seconded by Councilwoman Turner 5 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO APPROVE THE AUGUST ABSTRACT AS SHOWN FOR PAYMENT General Fund Town wide Vouchers 305-363 Totaling: $27,177.79 Street lighting Voucher 7 Totaling: $2,023.86 General Fund ? Part Town Vouchers 13-14 Totaling: $ 20,015.19 Highway Town wide Vouchers 58-72 void #?s 60-63 Totaling: $1,515.42 Highway Part Town Voucher 8-14 Totaling: $27,928.12 General Town wide Payroll-ending 08/10/07 Totaling: $72,393.65 General Part Town Payroll ending 8/10/07 Totaling;$837.13 2007 Capital Park Project Voucher 9-11 Totaling: $1,841.27 Highway Payroll ending 8/10/07 Totaling: $11,233.29 I, John D. Arrigo, would like the Brant Town Board to accept my resignation from the Brant Town Board effective of this date August 14, 2007. Councilwoman Turner moved for the adoption of resolution 188-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: ADJOURN THE AUGUST 14 REGULAR BOARD MEETING AT 9:15 PM. Respectfully submitted Thea A. Ells Brant Town Clerk