Minutes of the Regular Meeting held on Tuesday January 8, 2008, at 7:30 PM, @1294 Brant NC Road, Brant, New York at the Brant Town Hall, with public hearings scheduled for Proposed Local Law?s 1 & 2.
Present: Supervisor Leonard Pero, Councilwoman Roseann Turner, Councilman Jeffrey Gier, Councilman Vincent Fullone, Councilman Daniel Kujawinski, Attorney John Grennell, Recording Secretary: Town Clerk Thea Ells
Others Present: George Cordia, Alice Escott, Michele Kujawinski, Kirk Ritz, Debbi Ritz, Martin Rosiek, Janet Bowman, Brian Rott, Erica Lottbrein, Joe Gardyjan, Lee Brunelli, Brian Rott, Dan Rott, Erica Lottbrein, Chad Kaczmarek, Michael Rich, Michael Felschow, Rick Dole, Ellsworth Nolan, James George, Brian Campbell
The meeting was called to order by Supervisor Pero at 7:30 PM with a pledge to the flag. Thea Ells verified notice in the Town Crier that was published December 26, 2007: Notice is hereby given that the first regular meeting of same Board will take place on Tuesday January 8th @ 7:30 PM and will be held in the Brant Town Hall, located at 1294 Brant-N. Collins Rd., Brant, New York, unless otherwise posted. By Order of The Brant Town Board and a posting with mention of the meeting in Brant Town Hall, Brant Post Office, Farnham Post Office, Farnham Village Hall.
Councilman Gier moved for adoption of the following 080108-80, seconded by Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-80: RESOLVED: TOWN BOARD MEETING MINUTES FROM TOWN BOARD MEETING DECEMBER 11, 2007 ARE APPROVED
Councilwoman Turner moved for the adoption of the following: 080108-81,
seconded by Councilman Kujawinski. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-81: RESOLVED SUPERVISORS NOVEMBER 2007 FINANCIAL REPORT IS APPROVED
Councilman Gier moved for the adoption of the following: 080108-82, seconded by Councilwoman Turner. A roll call vote was taken: 5 ayes: Gier-aye, Turner-aye, Fullone-aye, Kujawinski-aye, Pero-aye 0 nays
080108-82 RESOLVED: TO APPROVE THE FOLLOWING BUDGET MODIFICATIONS FOR THE PERIOD ENDING NOVEMBER 30, 2007.
$ 93.00 from A1355.2 Assessment-Equip & Cap Out
$ (93.00) to A1355.4 Assessment-Contr Expend
$ 7,433.00 from A3120.2 Police-Equip/Cap Out
$ (7,433.00) to A3120.11 Patrol/Inspectors/Guards-Pers Serv
$ 158.00 from A1990.4 Contingent Account
$ (158.00) to A7110.4 Parks-Contr Expend
$ 19.00 from A7520.4 Historical Property-Contr Expend
$ (19.00) to A7510.4 Historical-Contr Expend
$ 65.00 from A1990.4 Contingent Account
$ (65.00) to A7550.4 Celebrations-Contr Expend
$ 7,556.00 from A9010.8 State Retirement System(ERS)
5,210.00 from A9060.8 Hospital & Medical Insurance
$ (12,766.00) to A9015.8 Police & Fire retirement System
Councilman Kujawinski moved for adoption of the following 080108-83, seconded by Councilwoman Turner. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-83 RESOLVED: NOVEMBER 2007 TOWN CLERK?S FINANCIAL RECONCILIATION REPORT BE ACCEPTED
Councilwoman Turner moved for adoption of the following 080108-84, seconded by Councilman Gier. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-84 RESOLVED: ADOPTED: NOVEMBER 2007 JUSTICE GUGINO AND JUSTICE RITZ FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED
Councilman Kujawinski moved for adoption of the following 080108-85, seconded by Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-85: RESOLVED: DECEMBER 2007 CODE ENFORCEMENT OFFICER?S ACTIVITY REPORT BE ACCEPTED
Councilwoman Turner moved for adoption of the following 080108- 86, seconded by Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-86: RESOLVED DECEMBER 2007 DOG CONTROL OFFICER?S ACTIVITY REPORT BE ACCEPTED
Councilman Kujawinski moved for adoption of the following 080108-87, seconded by Councilman Gier. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-87: RESOLVED: DECEMBER 2007 POLICE ACTIVITY REPORT BE ACCEPTED
Councilman Gier moved for adoption of the following 080108- 88, seconded by Councilman Kujawinski. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-88 RESOLVED: DECEMBER 2007 TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED
Chairman Gardyjan reported that the Planning Board reviewed Town of Cohocton? s Wind mill law and are recommending that for adoption.
OLD BUSINESS:
CDBG: Pero reported that the requested project for Route 5 and Route 20 Economic Study is to be funded in the amount of $19,000.00, and that the second request for Farnham Recreation area was denied.
Health Insurance: Employee Benefits committee will review the current handbook and are meeting soon ? (Gier, Kujawinski)
NEW BUSINESS:
Police Officers ? Pero read a letter of recommendation from Chief Michael Felschow for the hiring of Michael T. Rich who has completed his training and has to be employed to complete phase ll, at his expense.
Supervisor Pero moved for adoption of the following 080108-89, seconded by Councilman Gier. A roll call vote was taken: 5 ayes: Pero- aye, Gier- aye, Turner ? aye, Fullone-aye, Kujawinski ? aye.
080808-89 RESOLVED: APPROVE THE HIRING OF PART TIME PATROLMAN MICHAEL T. RICH PER RECOMMENDATION OF CHIEF MIKE FELSCHOW
Councilman Kujawinski moved for adoption of the following 080108-90,
that the Brant Town Board rescind and void it?s resolution action regarding changing the policy about addressing the Board in Public Forum?s passed on January 3, 2008 and further move that the right of citizens to address their elected officials in a civil, reasonable, and uninterrupted, timely manner be restored. Seconded by Councilman Gier. Discussion followed:
Kujawinski asked Attorney Grennell about the rule concerning deadlines for questions, and that means this meeting no one may speak? Pero answered that someone may come to a councilman and that councilman can bring it up under Councilman?s reports or a councilman may ask for a suspension of rule #7 and the person can speak. We want to have it orderly. Turner said that 15 seconds isn?t enough time to answer questions, she is open to questions but would like to have time to answer, and that personnel questions are not allowed to be discussed. Kujawinski responded that the board could set a time limit and have an egg timer. Pero said if a councilman brings something to the board they will decide if it?s pertinent and if it should be addressed. Turner said no one came forward tonight before the meeting to ask to speak on a subject. Attorney Grennell said yes with the coincidence of time for this meeting time constraints could not be met but will be for the rest of meetings. Having a motion and second and discussion over:
A Roll Call Vote: Taken: Kujawinski- aye, Gier-aye, Turner-nay, Fullone-nay, Pero-nay.
2 Ayes, 3 Nays. MOTION 080108-90 DEFEATED
Supervisor Pero asked if anyone on the board wanted to make a motion to suspend rule #7 of procedures so a resident could address the board. No motion made.
Councilman Kujawinski announced the blood bank drive for the American Red Cross is being held at Holy Spirit Church on Thursday January 18th with lots of free goodies to be handed out.
REPORTS OF COMMITTEES:
Street Light Committee ? check lights ? police oversee lights
Town Hall Committee ? meeting set for Wednesday January 30th @ 7:30 PM,
Pero, Gier, Ells, Giambrone, DeCarlo, Grennell, Brecker, Gugino
TOWN BOARD REPORTS:
Turner ? nothing to report
Gier - reported that he met with Highway Department and shop is in good shape and commends them for equipment in top notch shape
Met with Felschow and fine job in the Police Department
8:00 PM PUBLIC HEARING: Thea Ells read the following notice which she verifies was published in the Town Crier January 2nd, 2008 and was posted at the Brant Town Hall and on the town website and area Post Offices. TOWN OF BRANT - NOTICE OF PUBLIC HEARING - NOTICE IS HEREBY GIVEN that there has been presented to the Brant Town Board, Erie County, New York, Proposed Local Law Number 1 of the year 2008, entitled A Local Law for ?Wind Energy Ordinance? The purpose of the ordinance is to provide a regulatory scheme for the construction and operation of Wind Energy Facilities in the Town of Brant, subject to reasonable restrictions, which will preserve the public health and safety. NOTICE IS HEREBY GIVEN that the Brant Town Board will conduct a public hearing on the aforesaid local law at the Brant Town Hall, 1294 Brant North Collins Rd, Brant, New York on the 8th day of January 2008 at 8:00 PM local time. 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. All interested parties will be given an opportunity to be heard. Dated: 12-11-07 Published: 01-02-08 By order of the Brant Town Board Thea A. Ells, Brant Town Clerk
Bob Knoer from Wind Action Group which is a group formed to help bring wind energy awareness to communities. The ordinance is a standard one and should be modified to fit your town?s objective and needs. Bob wanted the Town to be aware of tax exemptions that apply unless the town opts out, and the exemptions do not apply to special districts taxes. Attorney Grennell outlined the procedure which the planning board used to approve the proposed legislation while considering: noise, height, view, setbacks, safety requirements, speed braking requirements, removal provisions, and bonding.
Further discussion concerned with: application process, payment in lieu of taxes, SEQR requirements. CEO Brecker spoke on various code issues: residential use, need of variance, and need a definition of parcel. Some key notes: noted that there is a bond requirement, decision to omit #3, and reference to tube type turbine.
Martin Rosiek asked the board members that if they did not completely understand the law to please not pass the law. Rosiek stated that the law is too prohibitive for residential and agricultural use. Rosiek asked what the intent of the law is ? to regulate or promote wind energy and if the AG Committee has reviewed this law. According to the Right to Farm law to all laws shall be reviewed for future impact on farming. Joe Gardyjan stated that the planning directed that there are no regulations for residential and or agricultural in the law.
The draft version and then final version will be reviewed by the AG committee.
Councilman Kujawinski moved for adoption of the following 080108-91, seconded by Councilman Gier. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-91: RESOLVED TO CLOSE THE PUBLIC THE PUBLIC HEARING FOR PROPOSED LOCAL LAW #1.
8:50 PM PUBLIC HEARING: (Scheduled for 8:30 PM) NOTICE IS HEREBY GIVEN that there has been presented to the Brant Town Board, Erie County, New York, Proposed Local Law Number 2 of the year 2008, entitled A Local Law for ?Veterans Exemption ? Cold War?.
NOTICE IS HEREBY GIVEN that the Brant Town Board will conduct a public hearing on the aforesaid local law at the Brant Town Hall, 1294 Brant-North Collins Road, Brant, New York on the 8th day of January, 2008 at 8:00 P.M. Local Time. 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. All interested parties will be given an opportunity to be heard. Dated: 12-11-07
Published: 01-02-08 By order of the Brant Town Board
Councilman Gier moved for adoption of the following 080108-92, seconded by Councilwoman Turner. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-92: RESOLVED TO OPEN THE PUBLIC HEARING FOR PROPOSED LOCAL LAW #2.
Attorney Grennell spoke concerning the guidelines given for local option which would affect the 2009 tax roll; this is not in addition to veteran?s exemption?s already awarded. Councilwoman Turner stated that she would review and discuss with Assessor Joe DeCarlo. As the board needs to wait for NYS Real Property to give a more defined law to adopt, the board?s desire is to close.
Councilman Gier moved for adoption of the following 080108-93, seconded by Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-93: RESOLVED TO CLOSE THE PUBLIC HEARING FOR PROPOSED LOCAL LAW #2.
Councilman Gier moved for adoption of the following 080108-94, seconded by Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-94: RESOLVED TO TABLE PROPOSED LOCAL LAW #2, AND SET ANOTHER PUBLIC HEARING TO REVIEW PROPOSED LOCAL LAW #2 AT 8:00 PM FEBRUARY 12 AT THE NEXT REGULAR MEETING OF THE BOARD.
TOWN BOARD REPORTS CONTINUED:
Vincent Fullone ? nothing to report
Councilman Kujawinski ? nothing now
Supervisor Pero reported:
DOT installed the Blind road sign on route 249.
SW Regional Water: a study is being conducted in North Collins for use of the wells to supply North Collins and possibly Brant. The project from Route 62 is too costly for the Town, now the figures are around $600.00 per year for 30 years. There was some discussion concerning the location of the aquifer. In house construction would mean lower costs maybe to $200.00 - $300.00.
Time Warner ? they are conducting a study and that services would be put in our buildings.
Speaker Series ? this Saturday concerning Credit Card Debt.
Technology ? read a report from Sherman Reickart detailing that the network router switches need to be updated and a request for $500.00 for small business application.
Councilwoman Turner moved for adoption of the following 080108-95, seconded by Councilman Gier. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-95 RESOLVED TO ALLOW EXPENDITURE WITH A LIMIT $500.00 FOR NETWORK SWITCHES AND EQUIPMENT NEEDED FOR UPGRADE OF NETWORK SYSTEM BY SHERMAN REICKART FOR TOWN HALL BUILDING
MEETINGS AND CORRESPONDENCES
Pero reported acknowledgement from Senator Volker for Supervisor?s request for funding for walking path equipment, and Volker will consider.
Pero received letter from NYS Real Property commending our municipality for accomplishing 100% Equalization. Sixth year we have reached 100% and the Town receives $6,825.00.
Pero received letter from Brant Volunteer Fire Company listing their officers for 2008.
Letter from National Fuel; stating that there is an increase and supplied us with pamphlets and literature for ideas for people to save energy and available rebates.
Evans Chamber News will be posted in Town Hall.
Kujawinski asked if there was any damage to a Brant patrol car in an incident today ? no damage and they are getting prices for new vehicle.
Councilman Gier moved for adoption of the following 080108-96, seconded by Councilwoman Turner. Roll Call Vote: Gier-aye, Turner-aye, Fullone-aye, Pero-aye. Kujawinski- abstains. 4 Ayes, 0 Nays, 1 Abstains
080108-96 RESOLVED TO APPROVE THE FOLLOWING ABSTRACT 13 0F 2007 FOR PAYMENT
Abstract 13 2007
General Fund Town wide
Vouchers 522-566 Totaling: $29,948.85
General Fund ? Part Town
Vouchers 25-31 Totaling: $ 450.00
Highway Town wide
Vouchers 101-111 Totaling: $7,786.37
Street lighting
Voucher 12 Totaling: $2815.22
General Town wide Payroll-ending 12/28/07
Totaling: $23,110.74
General Part Town Payroll ending 12/28/07
Totaling;$592.61
Highway Payroll ending 12/28/07
Totaling: $9946.34
Supervisor Pero moved for adoption of the following 080108-97, seconded by Councilman Kujawinski. Roll Call Vote: Pero-aye, Kujawinski- aye, Turner-aye, Fullone-aye, Gier-aye, 5Ayes, 0 Nays, 0 Abstains
080108-97 RESOLVED TO APPROVE THE FOLLOWING ABSTRACT 1 0F 2008 FOR PAYMENT
Abstract 1 2008
General Fund Town wide Vouchers 1-13 Totaling: $6,840.93
Highway Town wide Vouchers 1-3 Totaling: $5251.39
Highway Part Town Voucher 1 Totaling:4834.80
Fire Protection Voucher 1 Totaling $9,271.00
Councilwoman Turner moved for adoption of the following 080108-98, seconded by Councilman Kujawinski. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
080108-98 RESOLVED: to adjourn the January 8th, 2008 Meeting of the Brant Town Board at 9:08 pm
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
