Minutes of the regular meeting with a public hearing for a rezoning request for Castle Versailles Plank Rd, of the Brant Town Board held on Tuesday September 11th, 2007 at 7:30 PM at the Brant Town Hall 1294 Brant North Collins Rd, Brant. There were present: Supervisor Leonard K. Pero, Councilman Jeffrey W. Gier, Councilwoman Roseann Turner , Councilman John J. Chiavetta, Recording Secretary: Town Clerk Thea A. Ells , Attorney John Grennell Record of Legible Sign In Attendance: Martin Rosiek, Lee Brunelli, Dan Kujawinski, Peter F. Loretto, Alice Escott, Laurie Greiner, Charlie Greiner, Joseph Gardyjan, Brian Campbell, George Cordia Jr., Kirk Ritz, Dave Gierlinger, Christine Gierlinger, Clark Borngraber, Bill Ford, Tim Kobel, James George, Ellsworth Nolan, Ron Kobel, Charles Arrigo, Sherman Reickart Jr., Carmen Vacco, George Cordia, Linda Crouse, Joseph DeCarlo, Betty O?Donnell, William Easterling. 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 203-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: TOWN BOARD AUGUST 28, AUGUST 31 SPECIAL MEETING MINUTES ARE APPROVED Councilwoman Turner moved for the adoption of motion 204-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: SUPERVISORS JULY 2007 FINANCIAL REPORT IS APPROVED Councilman Gier moved for the adoption of motion 205-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO ACCEPT THE FOLLOWING BUDGET MODIFICATIONS FOR THE MONTH ENDING JULY 2007 General Fund Townwide(A) $ 77.00 from A1990.4 Contingent Account $ (77.00) to A7550.4 Celebrations-Contr Expend $ 4,444.00 Increase A510 Estimated Revenues $ (4,444.00) Increase A960 Appropirations $ 4,444.00 Increase A3060 State Aid-Archive Grant $ (1,020.00) Increase A1460.1 Records Mgmt-Pers Serv $ (3,424.00) Increase A1460.42 Records Mgmt-Contr Expend To increase the 2007 budgeted revenues and expenditures for the balance of the NYS Archives Grant received for the Supervisor's Office General Fund-Part Town(B) $ 4,908.00 Increase B510 Estimated Revenues $ (4,908.00) Increase B960 Appropirations $ 4,908.00 Increase B3060 State Aid-Archive Grant $ (4,908.00) Increase B1460.4 Records Mgm Grant-Contr Expend To increase the 2007 budgeted revenues and expenditures for the NYS Archives Grant received for the Code Book. Highway Townwide(DA) $ 29,000.00 from DA9950.9 Transfer to capital Projects Fund $ (29,000.00) to DA5130.2 Machinery-Equip & Cap Out(Purchase of New Backhoe) Councilman Gier moved for the adoption of motion 206-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: TOWN CLERKS AUGUST 2007 FINANCIAL RECONCILIATION REPORT BE ACCEPTED Councilman Gier moved for the adoption of motion 207-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: JUSTICE GUGINO?S AUGUST 2007 FINANCIAL RECONCILIATION REPORTS (2) BE ACCEPTED and JUSTICE RITZ?S AUGUST 2007 FINANCIAL RECONCILIATION REPORTS (2) BE ACCEPTED Councilwoman Turner moved for the adoption of motion 208-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: JULY AND AUGUST 2007 CODE ENFORCEMENT OFFICER?S ACTIVITY REPORT BE ACCEPTED Councilman Gier moved for the adoption of motion 209-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: AUGUST 2007 DOG CONTROL OFFICERS ACTIVITY REPORT BE ACCEPTED Councilwoman Turner moved for the adoption of motion 210-07, seconded by Supervisor Pero 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: AUGUST 2007 POLICE ACTIVITY REPORT BE ACCEPTED Councilwoman Turner moved for the adoption of motion 211-07, seconded by Councilman Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: AUGUST 2007 TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED Councilwoman Turner moved for the adoption of motion 212-07, seconded by Supervisor Pero 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: AUGUST 2007 PLANNING BOARD REPORT BE ACCEPTED Clerks note: All Department Reports are attached in Minute Book; financial reports are filed in respective offices. PRESENTATION OF PLAQUE There are times when the citizens of our community answer the call of those in need. Your firefighters acted with outstanding courage showing their willingness to put an end to a disastrous situation. On Thursday July 12th a potentially dangerous accident which involved a ruptured 500 pound fully loaded propane tank could have evolved into a disaster. Chief Dave Pero and his men took action assessing the situation; they risked their lives in an unselfish brave act preventing loss of life and property. Supervisor Pero presented the following firefighters a plaque: ?The Brant Town Board recognizes your dedication to the Town of Brant and your outstanding dedication and courage in extreme danger on July 12, 2007.? The following firemen came forward and were listed on the plaque: Fire Chief David Pero, Asst Chief Joe Paternostro, Firefighters- Joe Hill, Peter Pero, John Wilson, Brian Richards, and Jeff Renaldo. Acknowledgment of Visitors was opened by Supervisor Pero. Dan Kujawinski suggested to the Board that the budget be prepared and finalized as much as possible before Election Day, suggested that the filter on the pool is in need of repair and steps be added for seniors and disabled. Dan asked where and how are special meetings publicized. Town Clerk answered that depending on notification time the notices are placed in the Crier and the media is notified of meetings and notices are posted on the Clerks board at the Town Hall and Post Offices ? Kujawinski stated there are six post offices for the Town. . Martin Rosiek questioned the need for special meetings and commented that meetings should be kept in the public eye as much as possible. Pero stated that sometimes deadlines have to be met and it?s not possible to do all the work at regular meetings. Rosiek commented on budget modifications and that roll call vote should be taken (resolution). Kirk Ritz questioned that the dog is paid $16,000.00 per year and East Aurora had estimated that to add a dog to their force was about $5,000.00 and questioned why the town is paying what we are and does not have certification for the dog. Ritz asked about the convictions that were mentioned and why they were not held in the Town court system and were the arrests in the Town. Pero will look into. William Ford asked if there were any news on the drainage problem on Surfside. Attorney is looking into the situation of right of way at the end of the road with the Assessor and Highway Superintendent. John Arrigo stated that he was against the dog and that employees should be compensated the same and that the patrolmen owns the dog and asked attorney if that was not a contractual item ? Attorney will look into. Dave Gierlinger asked why are we the only community paying for the dog Pero will look into. Tim Kobel stated that it is a lot for this community to pay for a dog. Acknowledgment of Visitors was closed. Project Reviews: SWR Water Consortium: Pero will be attending a meeting with USDA in Painted Post on September 26th to discuss funding (grant) options. The last numbers were roughly around $700.00 annual for town. We do need North Collins to agree to the project also for the Town to be able to afford. Surfside Drive: Assessor and Attorney Grennell are working on a right of way. Basketball/tennis Combo Courts- Project is done and children are already using it. Sidewalks: the work is starting next week and the board will be considering another portion on Brant Reservation for next year Senior Community Building: Supervisor Pero reported that the kitchen counter has to be placed. Reports from Board Members: Councilman Gier - sidewalk is starting Thursday - is preparing a request for speed reduction and signs on Halley Road there will be a petition from the residents. Councilwoman Turner reminded all of the rededication at Memorial Park this Saturday @ 2:00 PM Councilman Chiavetta reported that after analysis three computers were purchased and now have an external back up and network, all three are mounted for better air circulation and less dirt in computers, and unsalvageable equipment drives were cleaned and recycled. The overall cost of the project was $5283.00. The three computers were for the Town Clerk, Police and Supervisor?s Secretary. Supervisor Pero reported a newsletter will be going out this weekend. He attended a Rural Transit picnic where volunteers received awards. Pero spoke about the program and the need for the services in the area. 8:00 pm Public Hearing: Thea Ells read the following notice which she verifies was published as directed by town law. 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. Pero opened the public hearing and reported that they did receive a report from the planning board and they would hear any comments and or concerns and take all into consideration while awaiting word from the county. Peter Loretto spoke against the rezoning and asked if he understood correctly, from the other meetings, that spot zoning is illegal in New York. George Castle stated that he already had county permission for his driveways so the county is already aware of the future parking lot. He stated that he has to do something with his trucks on his property as he is concerned for security, need of electric, and if they are somewhere else then he has to bring them back home for oil changes and repairs. He stated that the trucks are not in and out all night. George stated that he needs help from the Town to solve this problem and that he is not alone with this problem. This Town has a lot of people with trucks and the issue needs to heard and solved. Councilman Turner asked how many trucks he owns ? Castle ? six. Rosiek asked if a special use permit wouldn?t solve the immediate problem, variance could be done with special circumstances and concerns while zoning is forever. CEO Gary Brecker spoke that Castle moved into a piece of land and now wants to carry on his business. He cautioned the board against spot zoning. Castle spoke about many of the farmers and local businesses who depended on trucks. Castle asked if a variance would rectify the problem ? Gary stated that you need to show a hardship. The Board answered that the recommendation of the County will be considered before the Board makes a decision. Councilman Gier moved for the adoption of motion 213-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO CLOSE THE PUBLIC HEARING Pero finished his report by thanking those who donated and were not named before: Mr. George Stephenson for the chain for the fence at Memorial Park. NEW BUSINESS: Assessor Term Appointment: Councilman Gier moved for the adoption of resolution 091107-#214, seconded by Councilwoman Turner and Supervisor Pero A roll call vote was taken: 4 Ayes 0 Nays Councilman Gier Voting Aye Councilwoman Turner Voting Aye Supervisor Pero Voting Aye Councilman Chiavetta Voting Aye ADOPTED: TO APPOINT JOSEPH V. DECARLO AS SOLE ASSESSOR FOR THE TOWN OF BRANT FOR A SIX YEAR TERM STARTING OCTOBER 1, THROUGH SEPTEMBER 30TH 2013 TERM PER REGULATIONS SET BY NEW YORK STATE REAL PROPERTY SERVICES Contract CRA Energy Park: Supervisor Pero informed the board that he has a contract for approval for the proposed energy park at the Town?s old dumpsite and in conjunction with the Village of Farnham for wind energy on Route 5 - Pero stated that CRA has a lot of experience in this field and he has asked for a commitment letter from Senator Volker stating his commitment to securing member item (grant) monies for this study. Pero read the following from the proposal: This preliminary study will investigate the environmental issues, siting feasibility, and economic feasibility for wind and solar energy to be developed on two sites in the Town of Brant and wind energy on two sites in the Village of Farnham. The Town of Brant will be lead community for this project. CRA is prepared to start work immediately upon authorization by the Town. We anticipate the project duration will be 3-4 months depending on community decisions, other governmental agency involvement, funding, reviews and meeting schedules. Based upon the Scope of Services previously identified, CRA proposed to complete this work including all services consistent with the identified scope of services for the lump sum fee of $19,500.00. The Town would like to go forward with this project and be the State pilot for Town owned energy services to sell back to the grid to lower taxes. The County has assured that the project will be funded. Councilman Gier asked if other proposals were received, Attorney Grennell stated that the bidding requirement does not apply due to cost estimate and due to personnel services. Councilman?s? Chiavetta and Turner asked that the authority to sign is after letter of commitment is received. Councilman Chiavetta moved for the adoption of resolution 091107-#215, seconded by Councilwoman Turner A roll call vote was taken: 4 Ayes 0 Nays Councilman Chiavetta Voting Aye Councilwoman Turner Voting Aye Councilman Gier Voting Aye Supervisor Pero Voting Aye ADOPTED: AUTHORITY FOR SUPERVISOR PERO TO SIGN PROPOSAL FROM CRA FOR TOWN ENERGY PARK CONCEPTUAL FATAL FLAW ANALYSIS PRELIMINARY FEASIBILITY STUDY IN THE AMOUNT OF $19,500.00 CONTINGENT UPON RECEIPT OF A LETTER OF COMMITMENT FOR THE FUNDING FROM SENATOR DALE VOLKER. Set Public Hearing for CDBG Councilman Gier moved for the adoption of resolution 091107-#216, seconded by Councilwoman Turner A roll call vote was taken: 4 Ayes 0 Nays Councilman Gier Voting Aye Councilwoman Turner Voting Aye Councilman Chiavetta Voting Aye Supervisor Pero Voting Aye ADOPTED: SET PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR OCTOBER 9, @ 8:00 PM Councilman Gier moved for the adoption of motion 206-07, seconded by Supervisor Pero 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO HAVE THE FINANCIAL REPORTS FROM THE TOWN CLERK AND JUSTICE COURT BE SET ONE MONTH BEHIND AS IS THE SUPERVISOR?S ? NEXT MONTH NO FINANCIAL REPORT WILL BE GIVEN FROM THE TOWN CLERK OR JUSTICES Immunization: Pero 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 (call 549-0301) and it will be held barring any problem with receiving the vaccine. Councilman Gier moved for the adoption of resolution 091107-#207, seconded by Councilman Chiavetta A roll call vote was taken: 4 Ayes 0 Nays Councilman Gier Voting Aye Councilman Chiavetta Voting Aye Councilwoman Turner Voting Aye Supervisor Pero Voting Aye ADOPTED: SUPERVISOR PERO AUTHORIZED TO EXECUTE A NEGOTIATED BAN FOR THE BRANT PARK LAND ACQUISITION FUNCTIONS: Memorial Park Rededication is September 15 @ 2:00 PM Energy Fair is September 22 from 11:00 AM ? 6:00 PM at the Brant Fire Hall Senior Exercise Program will be Monday?s and Wednesday starting October 1 ? 9:30 am ? 10:15 am at the Senior Community Building - equipment is provided - $20.00 a month Some items need to be taken care of ? insurance, waivers, and town agreement. Senior Community Building Dedication is October 13 @ 1:00 PM Budget Schedule: Tentative Schedule: Department heads have their budget estimate requests which are to be done by September 17th and the budget officer will have a tentative budget to the Town Clerk by September 30th and Tentative Budget on October 4th @ the Board workshop, Town Board will adopt the preliminary budget on October 9th and set a public hearing for November 13th. Correspondence Received a letter of request from Diana Cafferty, School Tax Collector, for use of space to collect taxes. Councilman Gier moved for the adoption of motion 208-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: SCHOOL TAX COLLECTION AT BRANT TOWN HALL, TOWN CLERKS OFFICE ON OCTOBER 5TH FROM 4:30 PM TILL 7:00 PM Received letter from Mayor Terry Caber thanking the Board for including the Village in a recent meeting on August 22 with community leaders and for including the Village of Farnham with The Town of Brant as lead agent in a feasibility study for energy park and wind energy. Received a letter from the IRS concerning the application for the Brant Farnham Economic Development Corporation has been approved for 501C3 tax exempt non profit National Grid and C -span sent letter concerning gas efficiency programs. Received minutes from BF Seniors Group and acknowledged events. Received letter from Beverly Wasmund concerning the Monday night concert series and her disappointment at the lack of attendance by town residents. Received letter from Anne Schueller thanking for the town Board allowing Dave Hock?s and Mike?s participation in their ?Night Out?. Received Evans Brant chamber of Commerce newsletter ? Posted. APPROVAL OF ABSTRACT Councilman Chiavetta moved for the adoption of resolution 209-07, seconded by Councilwoman Turner 5 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO APPROVE THE SEPTEMBER ABSTRACT AS SHOWN FOR PAYMENT General Fund Town wide Vouchers 364-404 Totaling: $44,972.05 Street lighting Voucher 8 Totaling: $1,999.27 General Fund ? Part Town Vouchers 15-17 Totaling: $ 36,012.48 Capital Project Water Dist. Vouchers 6-8 Totaling: $12,446.73 Highway Town wide Vouchers 73-78 Totaling: $505.62 Highway Part Town Voucher 15-19 Totaling: $11,794.47 General Town wide Payroll-ending 09/07/07 Totaling: $30,788.01 General Part Town Payroll ending 09/07/07 Totaling;$538.26 2007 Capital Park Project Voucher 12-15 Totaling: $23,720.00 Highway Payroll ending 09/07/07 Totaling: $7,141.83 Special Fund Grant Memorial Park- CDBG Voucher 17 Totaling: $500.00 Councilwoman Turner moved for the adoption of resolution 210-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: ADJOURN THE SEPTEMBER 11 REGULAR BOARD MEETING AT 8:42 PM. Respectfully submitted Thea A. Ells Brant Town Clerk