Minutes of the regular meeting, with a public hearing for Community Development Block Grant, of the Brant Town Board held on Tuesday November 13th, 2007 at 7:30 PM at the Brant Town Hall, 1294 Brant North Collins Road, Brant, Erie County New York
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: Dan Kujawinski, Bill Wesp, Charles Arrigo, Lee Brunelli, Joe Giambrone, Joe Gardyjan, James George, Diane Czyz, Tom Gerace, Kirk Ritz, Don Clark, Tim Clark, Ellsworth Nolan, Bill Henry, Mike Felschow, Brian Campbell, Alice Escott (Crier), Brian Rott, Erica Lottbrein, Patrick Guerin III., George Cordia, Christine Gierlinger, Dave Gierlinger, Stan Kijek
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 245-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: TOWN BOARD MEETING MINUTES FROM WORKSHOP OCTOBER 4, 2007 AND TOWN BOARD MEETING OCTOBER 9, 2007 ARE APPROVED
Councilman Chiavetta moved for the adoption of motion 246-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: SUPERVISORS SEPTEMBER 2007 FINANCIAL REPORT IS APPROVED
Supervisor Pero read the following budget modifications:
General Fund Townwide(A)
$ 95.00 from A7020.2 Recreation Admin-Equip & C/O
$ (95.00) to A7020.1 Recreation Admin-Pers Serv
$ 1,660.00 from A7020.2 Recreation Admin-Equip & C/O
$ (1,660.00) to A7020.4 Recreation Admin-Contr Expend
$ 2,750.00 from A7110.4 Parks-Contr Expend
$ (2,750.00) to A7110.2 Parks- Eqip & Cap Out
$ 1,685.00 from A1990.4 Contingent Account
$ (1,685.00) to A7270.4 Band Concerts-Contr Expend
$ 3,592.00 Increase A510
$ (3,592.00) Increase A960 Appropriations
$ 3,592.00 Increase A5031 Interfund Transfers
$ (2,220.00) Increase A9730.6 BAN Principal
$ (1,372.00) Increase A9730.7 BAN Interest
To increase the 2007 Estimated Revenues and Appropriations for the balance of the Town Park land
purchase BAN transferred from the Capital Projects Fund for debt service use ONLY.
Highway Townwide(DA)
$ 1,800.00 from DA9040.8 Workmens Compensation
322.00 from DA5140.4 Misc Brush & Weeds-Contr Expend
$ (2,122.00) to DA5130.2 Machinery-Equip & Cap Out(Purchase of New Backhoe)
$ 178.00 from DA5140.4 Misc Brush & Weeds-Contr Expend
1,425.00 from DA5142.1 Snow Removal-Per Serv
$ (1,603.00) to DA5140.1 Misc Brush & Weeds-Pers Serv
Highway Part Town(DB)
$ 9,606.00 from DB5112.4 Permanent Improvements-Contr Expend
$ (9,606.00) to DB5110.4 General Repairs-Contr Expend
Councilman Chiavetta moved for the adoption of Resolution #247-07 and this was seconded by Councilman Gier. A roll call vote was taken: 4 AYES- 0 NAYS: Chiavetta ?Aye, Gier- Aye, Pero- Aye, and Turner-Aye
ADOPTED: TO APPROVE THE ABOVE BUDGET MODIFICATIONS
Town Clerk and Justice Court Financial Reconciliation Reports for September 2007. Councilman Gier moved for the adoption of motion 248-07 AND 249-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: SEPTEMBER 2007 TOWN CLERK?S AND JUSTICE COURTS FINANCIAL REPORTS BE ACCEPTED
Councilman Gier moved for the adoption of motion 250-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: OCTOBER 2007 CODE ENFORCEMENT OFFICER?S ACTIVITY REPORT BE ACCEPTED
Councilman Gier moved for the adoption of motion 251-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: OCTOBER 2007 DOG CONTROL OFFICER?S ACTIVITY REPORT BE ACCEPTED
Councilman Gier moved for the adoption of motion 252-07, seconded by Supervisor?s Pero Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: OCTOBER 2007 POLICE ACTIVITY REPORT BE ACCEPTED
Supervisor Pero moved for the adoption of motion 253-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: OCTOBER 2007 TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED
Councilman Chiavetta moved for the adoption of motion 254-07, seconded by Councilman Gier 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: OCTOBER 2007 PLANNING BOARD REPORT BE ACCEPTED
Councilman Gier moved for the adoption of motion 255-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: OCTOBER 2007 SENIOR CITIZEN?S REPORT BE ACCEPTED
ACKNOWLEDGMENT OF VISITORS was opened by Supervisor Pero.
Kirk Ritz: Ritz mentioned the police dog assisted convictions, stating that there was none. Ritz then commented on a letter circulated by John Chiavetta which called for the eradication of a distorted group, which in Ritz?s opinion was directed toward the Democratic Committee. Ritz said when someone is questioning how their tax money is being spent; the response should not be to ?eradicate? them?. Pero responded that he tried to explain the police department questions at previous meetings and things got out of hand. Pero said that not one of the complaining parties has ever come to his office to question him regarding the police department: Pero said they originally hired Dave Hock as Police Chief, they did not fully understand Civil Service, and that the new budget will reflect the changes made to the police department since and that Hock has done nothing wrong.
Christine Gierlinger: disagreed about Pero?s statement that ?Hock did nothing wrong? since a voucher was found made out in Dave Hock?s handwriting for reimbursement of $604.00 for the repair of lights and siren for Brant Police car #71, and then discovering the lights and siren were installed on a truck registered to Hock Excavating Inc; also the occasions in May of 2007 when Hock wrote to C. Gier and lied that he was working - dates that Gierlinger states he wasn?t working according to Evans dispatch records and CPS. 8-14 Niedermeier asked if Hock made $30,000.00 and you said no and at a special meeting 8-31 it was moved by the Board that he makes $30,000.00. Hock does not meet the labor standard and is not administrative etc to be making this amount. C. Gierlinger went on; K. Ritz has asked on two occasions 9-11-07 & 10-9-07 of certification for Hock and dog ? no answer; Gierlinger spoke on the five arrests quoted in the Brantonian that after a FOIL request for any arrests done by Hock and dog was answered ? 11-1-07
there were no arrests that met the FOIL request according to Chief Felschow.
Pero asked if Gierlinger has come to his office to discuss any issues and that Town Forum meetings were also for that use. We can discuss personnel issues in public. Gierlinger answered that salary and pay are public issues. Discussion followed between the two concerning phone conversations.
Stanley Kijek stated he was repeating his question as to why Hock is wearing a gold badge ? Pero ? it doesn?t say Chief- Kijek asked about Hock?s representation of himself as Chief ? it was hearsay. Kijek asked Pero about attending anger management classes.
D. Gierlinger: asked about the rate of pay for Hock next year and what certification for expertise Pero said to talk with attorney ? asked about youth program and the Chief will decide which officer will be doing the program - Turner stated that the officer has to be qualified for the program.
Bill Henry: stated he had concerns on the time spent on FOIL requests and if proper procedure is being followed. J. Grennell answered that himself and Town Clerk discuss materials & regulations. As a taxpayer what is the actual cost of FOIL?s asked Henry.
Acknowledgment of Visitors was closed
NEW BUSINESS:
2008 Budget
Councilman Gier moved for the adoption of resolution 111307-256, seconded by Councilman Chiavetta A roll call vote was taken: 3 Ayes 1 Nays Gier ? Aye, Chiavetta ? Aye, Turner ? Nay, Pero ? Aye.
RESOLVED: TO ADOPT THE 2008 BUDGET AS PRESENTED AT THE 11-13-07 MEETING TO THE BOARD MEMBERS WITH A REVISION TO LINE A1220.1 TO SHOW $15,000.00 AS SHOWN ON THE PRELIMINARY BUDGET PRESENTED 11-08-07.
Solar Liberty:
John Grennell reported that the contracted work (solar panels on highway garage) is being paid for by NYCSERTA at no cost to the Town of Brant and he has corresponded with Mr. Sigurdson of NYSERDA and he is familiar with the type of arrangement being offered here and it has been successful in this State as a show case to similarly situated businesses and municipalities for future contracts. Grennell also spoke with Len Berkowitz attorney for Orchard Park who advises that their almost identical arrangement with Solar Liberty is a ?no loose? situation for the Town. Bill Henry spoke that the energy savings will be posted on our web site and mentioned projects done in Orchard Park, and Tonawanda and that grant monies are not being used for this area.
SW Water
Pero spoke that we are still waiting for word from North Collins as to their involvement for the monetary effect it has on the project, and that he went to Painted Post for a meeting concerning funding and we would save a considerable amount if we had the work done in house. Alternatives; are for using Collins?s system if they get an upgrade and having an arrangement similar as with Farnham. Dan Kujawinski added that he attended a recent meeting in North Collins where considerations such as upgrading of the system in North Collins due to the age and size of pipes were considered. Kujawinski spoke on costs and the wells situated in Brant for North Collins, etc.
Energy Park
Next week we will be receiving maps for Farnham and Brant and we will have a meeting after Thanksgiving concerning waste ? methane use.
Town
Town Board Reports:
Jeff Gier acknowledged that Farnham Vol. Fire Dept. had a major accident with their ambulance and stated that the Board and Town is here for any help they may need. Gier announced the North Collins Boy?s Soccer Team took the Class D Tournament and the two captains? - Gier and Labianco are both form Brant.
John Chiavetta: Please respond to Volker?s? letter concerning the licensing issue.
Lockport Memorial is trying to receive a free MRI and you can go on line and vote to help them @ Wimanmir.com through December 31st.
Brant to receive $2,100.00 for the buckle up program in 2008.
Bill Henry spoke on the removal of sales tax on solar energy alternatives in Erie County. He spoke on his and Pero?s attendance at an energy and environmental summit concerning Brownfield, etc. Our activity with the Energy Park is being noticed state wide.
Pero attended a meeting in Rochester with the Apollo Alliance, and spoke on our landfill clean up and wind energy.
Training:
Planning and Zoning Board members may attend training in Eden on November 26th.
Silver Sneakers is doing well and is a success for the Seniors? in Town.
Speaker Series every second Saturday @ 10:00 AM and will be on several subjects such as energy and use, budgeting, credit, food preservation and preparation.
Waste Management Contract:
On the following motion from Councilman Gier,
WHEREAS: The TOWN OF BRANT, New York (hereinafter ?TOWN?)
WHEREAS: Waste Management contract does contain a completed Certificate of Non-Collusion, Waiver of Immunity, in form set forth in the bid specifications. Waste Management shall accompany a bid bond, certified funds or other acceptable security in favor of the ?Town of Brant? in an amount equal to 5% of the annual contract bid amount. This shall be completed in a timely fashion, and the named municipalities shall receive Insurance certificates naming the Town of Brant respectively along with signed contracts approved by the Town Attorney John Grennell AND to accept the option to extend the current contract for one more year with an increase of 8.44% which at 750 units @ $172.68 the annual cost $129,510.00.
Seconded by Councilman Chiavetta, the following resolution 111307-257 adopted and a roll call vote was taken: 4 AYES- 0 NAYS: Gier ?Aye, Chiavetta- Aye, Turner- Aye, and Pero-Aye
ADOPTED: TO EXTEND THE 2007 REFUSE CONTRACT WITH WESTFIELD MANAGEMENT FOR ONE MORE YEAR AT AN INCREASE OF 8.44% AND AUTHORIZE SUPERVISOR PERO TO SIGN THE CONTRACT.
Snow Removal Contract
On the following motion from Councilman Gier,
WHEREAS, the Erie County Legislature on the 12th day of July, 2007, amended an agreement, which expired on August 31, 2007, relating to the control of snow and ice on county roads by The Town of Brant, and
WHEREAS, The Town of Brant is in agreement that the following is in the best interest of all parties and that the Town will receive a lane mile reimbursement rate increasing five percent each year for an additional three years in the amounts indicated:
September 1, 2007 through August 31, 2008 - $2,658.60 per lane mile
September 1, 2008 through August 31, 2009 - $2,791.53 per lane mile
September 1, 2009 through August 31, 2010 - $2,931.11 per lane mile
WHEREAS, the Town of Brant Highway Department will as per the agreement maintain snow removal and ice control on the following roads: Hardpan from Route 20 to Route 249 (3.0 lane miles), Lake Shore Rd from Cattaraugus Reservation to Evangola State Park (4.28 lane miles), Lotus Point Rd from Route 5 to Old Lake Shore Rd (2.88 lane mile), Mile Block Rd from Cain to Cattaraugus Reservation (7.92 lane miles) and Milestrip Rd from Cattaraugus Reservation to Route 62 (12.70 lane miles)
NOW, THEREFORE BE IT RESOLVED, that the Brant Town Board agrees to conditions set forth in the agreement including the minimum coverage and the requirement to name Erie County as additional insured
Seconded by Councilman Chiavetta resolution 111307-#258 was adopted .A roll call vote was taken: 4 Ayes 0 Nays Gier ? Aye, Chiavetta ? Aye, Turner ? Aye, Pero ? Aye.
RESOLVED, THAT SUPERVISOR PERO IS HEREBY AUTHORIZED TO SIGN FOR TOWN OF BRANT TO PARTICIPATE AND ENTER INTO A (3) THREE YEAR AGREEMENT WITH ERIE COUNTY FOR SNOW REMOVAL AND ICE CONTROL ON NAMED ERIE COUNTY ROADS IN THE TOWN OF BRANT AND THE TOWN CLERK WILL SEND (3)THREE CERTIFIED RESOLUTIONS, THREE(3) SIGNED AGREEMENTS WITH SIGNED EXHIBIT A AND HAVE THE INSURANCE COMPANY SEND CERTIFICATION NAMING ERIE COUNTY AS ADDITIONAL INSURED.
Addition of positions ? Police Dept.
Councilman Gier moved for the adoption of resolution 111307-#259 seconded by Councilman Chiavetta. A roll call vote was taken: 4 Ayes 0 Nays Gier ? Aye, Chiavetta ? Aye, Turner ? Aye, Pero ? Aye.
ADOPTED: AUTHORIZE THE ADDITION OF FOUR (4) PART TIME PATROLMEN NON- COMPETITIVE POSITIONS TO THE BRANT ACTIVE DUTY ROSTER.
Councilman Chiavetta moved for the adoption of resolution-#260, seconded by Councilwoman Turner A roll call vote was taken: 4 Ayes 0 Nays Chiavetta ? Aye, Turner ? Aye, Gier ? Aye, Pero ? Aye.
ADOPTED: TO SET THE PUBLIC HEARING FOR DECEMBER 11, 2007, AT 8:00 P.M. AT THE BRANT TOWN HALL, REGARDING RENEWAL OF THE CABLE TELEVISION FRANCHISE AGREEMENT BY AND BETWEEN THE TOWN OF BRANT AND TIME WARNER CABLE.
Miscellaneous:
Pool filter needs work and chlorination system needs upgrade.
Floor buffer machine is needed for Senior Community and Town Hall. Money is in budget and received a price for $895.00, Gier said to get quote from state bid and one other.
Pero attended NEST meeting Nov 8th - discussion concerning hazardous waste ? tire and white appliances pick up is easier for larger communities and might work something out with Collins. Mercury light bulbs will be a problem in the near future.
Southtowns Community Enhancement Coalition ? distributed a tool kit to members Town clerk will sign out for viewing. Explore New York books are being circulated also. 5:00 PM tomorrow some area farmers will meet concerning Agricultural Tourism in Evans.
Erie County Association of Towns meeting attended by Pero - sales tax in Erie County was discussed.
Pero received a Thank you from Superintendent Rabey for in bringing the K-9 unit to Lake Shore High School on two occasions.
Pero received a Thank you from Mayor Caber thanking the Highway Department for their assistance in hauling for the Village Playground. Pero stated that the Village of Farnham is our jewel and we need to work together to make the village better place to live and to look to the village for business?s.
Letter from Time Warner Cable concerning rate changes for NFL network games.
Letter from Susan Jaworski and Scott Weaver who attended a Town Board meeting and were very impressed by our progression towards green energy, and they look forward to future meetings and being summer residences at Lotus Abode.
Councilman Chiavetta moved for the adoption of resolution 261-07, seconded by Councilman Gier A roll call vote was taken: 4 Ayes 0 Nays Chiavetta ? Aye, Turner ? Aye, Gier ? Aye, Pero ? Aye.
ADOPTED: TO APPROVE THE NOVEMBER ABSTRACT AS SHOWN FOR PAYMENT
General Fund Town wide
Vouchers 447- 498
Totaling: $20,941.24
Street lighting
Voucher 10
Totaling: $2,341.58
General Fund ? Part Town
Vouchers 20-22
Totaling: $ 19,950.66
Highway Town wide
Vouchers 84-91
Totaling: $6,944.56
Highway Part Town
Voucher 25-26
Totaling: $2,371.93
General Town wide Payroll-ending 11/02/07
Totaling: $24,542.59
General Part Town Payroll ending 11/02/07
Totaling;$538
Highway part Town Payroll ending 11/02/07
Totaling: $6,839.27
Councilman Gier moved for the adoption of resolution 262-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: ADJOURN THE NOVEMBER 13 REGULAR BOARD MEETING IN MEMORY OF MICHAEL WALTERS AND ASKED FOR A MOMENT OF SILENCE 8:50 AT PM.
Respectfully submitted
Thea A. Ells
Brant Town Clerk
