Minutes of the Regular Meeting held on Tuesday March 11, 2008, at 7:30 PM, @1294 Brant NC Road, Brant, New York at the Brant Town Hall, with a public hearing scheduled for Proposed Local Law 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, Debbi Ritz, Rick Dole, Bob Reynolds, Christine Gierlinger, David Gierlinger, Bill Henry, Charles Arrigo, Stan Kijek, Sherman E. Reickart, Carman Vacco, Martin Rosiek, Brian Rott, Erica Lottbrein, Lee Brunelli, Jean Brunelli, Brian Rott, Erica Lottbrein, Michael Felschow, Rick Dole, Ellsworth Nolan, James George, Brian Campbell, Brenda Giacchino, Barbara Daniel. 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 was published with a list of meetings for the year. Councilman Gier moved for adoption of the following 080311-103, seconded by Councilwoman Turner. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-103: RESOLVED: TOWN BOARD MEETING MINUTES FROM JANUARY 3RD ORGANIZATIONAL, AND JANUARY 8TH MEETINGS ARE APPROVED Councilwoman Turner moved for the adoption of the following: 080311-104, seconded by Councilman Fullone 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-104: RESOLVED SUPERVISORS DECEMBER 2007 AND JANUARY 2008 FINANCIAL REPORT IS APPROVED Councilman Gier moved for the adoption of the following: 080311-105, seconded by Supervisor Pero. A roll call vote was taken: Gier-aye, Pero-aye, Fullone-aye Turner-aye, Kujawinski-abstain. 4 ayes, 0 nays, 1 abstain 080311-105: RESOLVED: TO APPROVE THE FOLLOWING BUDGET MODIFICATIONS FOR THE YEAR END 2007. General Fund Townwide(A) $ 35,000.00 A510 Estimated Revenues $ (35,000.00) A960 Appropirations To increase Budgeted Revenues and Appropriations per Grant $ 35,000.00 A3097 State Aid-Commuinity Bldng Capital Project $ (35,000.00) A1630.21 Community Bldng-Equip & Cap Out/Grant To increase the revenue and related expenditure line item budget $ 1,712.00 * Town's share of Community Building Renovation $ 36,712.00 Total cost of Community Building Renovation To increase the 2007 Adopted Budget pursuant to the Grants received from Senator Volker for the renovation of the Community Building. $ 1,712.00 from A1990.4 Contingent Account $ (1,712.00) to A1630.21 Community Bldng-Equip & Cap Out/Grant * Town's share of Community Building Renovation $ 209.00 from A1110.12 Muni Court-Clerk Pers Serv/Gugino $ (209.00) to A1110.41 Muni Court-Contr Expend/Gugino $ 197.00 from A1355.11 Assessment-Clerk Pers Serv $ (197.00) to A1355.4 Assessment-Contr Expend $ 299.00 from A1410.4 Clerk-Contr Expend $ (299.00) to A1410.2 Clerk-Equip & Cap Out $ 89.00 from A1620.4 Buildings-Town Hall Contr Expend $ (89.00) to A1620.1 Buildings-Town Hall Pers Serv $ 895.00 from A1630.2 Buildings-Commun & Recreat Equip & C/O $ (895.00) to A1620.2 Buildings-Town Hall Equip & Cap Outlay $ 3,557.00 from A1910.4 Unallocated Insurance-Contr Expend $ (3,557.00) to A1680.2 Central Data Process-Computer Sys $ 4,417.00 from A3120.2 Police-Equip/Cap Out $ (4,417.00) to A3120.11 Police/Inspectors/Guards-Pers Serv $ 206.00 from A1990.4 Contingent Account $ (206.00) to A5010.4 Highway Admin-Contr Expend $ 250.00 from A1990.4 Contingent Account $ (250.00) to A7110.4 Parks-Contr Expend $ 58.00 from A1990.4 Contingent Account $ (58.00) to A7510.4 Historian-Contr Expend $ 74.00 from A1990.4 Contingent Account $ (74.00) to A1670.4 Central Print/Mail-Contr Expend 1,982.00 from A1990.4 Contingent Account 6,018.00 from A3120.2 Police-Equip & Capital Outlay 4,000.00 from A7180.2 Pool-Equip & Capital Outlay (12,000.00) to A9950.9 Transfer to Capital Projects Fund To provide estimated Town's share of Town Park Capital Projects Highway Fund Townwide(DA) $ 5,943.00 DA599 Appropriated Fund Balance $ (5,943.00) DA960 Appropirations $ (4,785.00) DA5142.1 Snow Removal-Pers Serv $ (1,158.00) DA9060.8 Hospital & Medical Insurance (5,943.00) To increase the 2007 Adopted Budget to fund the above expenditures that exceeded the original budget appropriations.. $ 592.00 from DA5142.4 Snow Removal-Contr Expend $ (592.00) to DA5142.1 Snow Removal-Pers Serv $ 282.00 from DA9010.8 NYS Retirement $ (282.00) to DA5130.4 Machinery-Contr Expend $ 51.00 from DA9010.8 NYS Retirement $ (51.00) to DA9030.8 Social Security $ 526.00 from DA9010.8 NYS Retirement $ 1.00 from DA9040.8 Workmens Comp 57.00 from DA9055.8 Disability Insurance 154.00 from DA9730.7 BAN-Interest $ (738.00) to DA9060.8 Hospital & Medical Insurance Councilman Gier moved for adoption of the following 080311-106, seconded by Councilwoman Turner. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-106 RESOLVED: DECEMBER 2007 AND JANUARY 2008 TOWN CLERK?S FINANCIAL RECONCILIATION REPORT BE ACCEPTED Councilwoman Turner moved for adoption of the following 080311-107, seconded by Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-107 RESOLVED: DECEMBER 2007 JUSTICE GUGINO AND JUSTICE RITZ FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED Councilman Kujawinski moved for adoption of the following 080311-108, seconded by Councilman Gier. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-108 RESOLVED: JANUARY 2008 JUSTICE GUGINO AND JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED Councilman Kujawinski moved for adoption of the following 080311-109, seconded by Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-109: RESOLVED: JANUARY AND FEBRUARY CODE ENFORCEMENT OFFICER?S ACTIVITY REPORT BE ACCEPTED Board discussed some areas and properties with Brecker. Brecker stated he would begin a four (4) grid area - Pero and Gier would like to get Brecker an assistant to help move things along ? Brecker declined said they would see progress in monthly reports. Councilman Kujawinski as liaison reported meeting with DCO Marien concerning availability, reports and record keeping. Councilwoman Kujawinski moved for adoption of the following 080311-110, seconded by Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-110: RESOLVED JANUARY & FEBRUARY DOG CONTROL OFFICER?S ACTIVITY REPORT BE ACCEPTED Councilwoman Turner moved for adoption of the following 080311-111, seconded by Councilman Kujawinski. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 08031108-111: RESOLVED: JANUARY & FEBRUARY POLICE ACTIVITY REPORT BE ACCEPTED (note-letter rec?d in commendation of action of officer Kauzala ? recognized under correspondence) Councilman Gier moved for adoption of the following 080311-112, seconded by Councilman Kujawinski. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-112: RESOLVED: JANUARY & DECEMBER TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED Councilwoman Turner moved for adoption of the following 080311-113, seconded by Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-113: RESOLVED: JANUARY PLANNING BOARD REPORT BE ACCEPTED (February meeting was cancelled due to weather) Acknowledgement of Visitor: Pero said they would like to move (Ack of Visitor) to end of meeting due to length of business, except to acknowledge Legislator Bob Reynolds at this time. Legislator Reynolds spoke on: removal of tax in Erie County on Solar Sales ? which has happened in large part due to Brant. Public Hearing in Evans for Agricultural Districts in Evans, Brant, and other hearings in area New NYS Task Force for delinquent tax properties dealing with collections, assessment, and code issues etc. 63 miles of chipping this year and bridge repairs slotted for this year Collins is going for 50 million for Capital Borrowing Project Improvement ? parks ? hospitals Reynolds gave his number 649-2640 and commented on working to the future with County Executive Collins. Supervisor Pero requested a motion to move the Privilege of the Floor to the end of the meeting for this meeting as there is much business to take care of: Councilman Fullone moved for adoption of the following 080311-114, seconded by Councilwoman Turner. 4 ayes: Pero, Turner, Gier, Fullone 1 nay Kujawinski 080311-114: RESOLVED: PRIVILEGE OF FLOOR TO END OF THIS MEETING OLD BUSINESS: Beauty Pools: Pero reported: Filters were changed and the pool is ready for next season Time Warner: Pero referred to a letter with map received from Time Warner concerning the extension of their service area in Brant and that the cost of $23,000.00 per linear mile for so few customers is not feasible. Surfside Drive: Attorney Grennell reported that he has a meeting set up with himself, Assessor DeCarlo, and County Finance Director Macjewski to review the property in question. Town Hall Committee: Comm. had a meeting January 30 - Peter Gugino named Chairman. Chairman asked to invite more residents and property owners to join committee namely: Mayor Caber, Dave Taylor, Carmen Vacco, Clark Phillips, and Tish Brady. Health Insurance/Employee Benefit Committee: Kujawinski & Gier ? Kujawinski - according to the employee benefit/handbook the Town should not be paying for any family coverage ? that is to be an expense to the employee ? and any increases from an earlier date were to be at the employees expense ? handbook is lacking many points and needs a redo ? recommend a cap for any new full time hire and that current employees would not be effected to that effect. Pero ? we didn?t know as it wasn?t carried over in minutes. Kujawinski - referred to a memo from Accountant R. Gryska concerning this matter from 2002 ? 2003 to benefits committee and references in minutes from 1992 and 1999. Committee would like more figures and definite time given for contract. Turner ? cap current employees now. Gier ? this is not entered into lightly and is being done due to escalating costs. Kujawinski ? employee handbook is lacking in details, procedure, etc. Councilman Gier moved for the adoption of the following: 080311-115, seconded by Councilwoman Turner. A roll call vote was taken: Gier-aye, Turner-aye, Pero-aye, Fullone-aye, Kujawinski-aye. 5 ayes, 0 nays, 080311-115: RESOLVED: To cap current health insurance benefits paid out at this time by the Town to full- time (40 hours) employees and that any increase hereafter will be the employees? responsibility. Wind Regulations: Grennell ? planning board meeting Tuesday 25th of March @ 7:00 PM to review Local Law #1 of 2008 with assistance from Bob Knorr - Grennell presented a moratorium for 90 days: CEO Brecker asked if this included all wind power structures including small home units. No permit is needed at this time. Supervisor Pero moved for the adoption of the following: 080311-116, seconded by Councilman Gier. A roll call vote was taken: Pero-aye, Gier-aye, Turner-aye, Fullone-aye, Kujawinski-aye 5 ayes, 0 nays. 080311-116: RESOLVED: WHEREAS, the Town Board of the Town of Brant is in the process of drafting a local law regulating windmills and/or other measures of utilizing wind power and WHEREAS, certain questions and issues have been raised that the Town Board wishes to fully address in the Local Law and WHEREAS, the Town Board wishes to enact a law that encompasses all pertinent issues relating to wind power regulation as it may affect the Town and its citizens and WHEREAS, the Town Board wishes to protect the citizens of the Town of Brant and their interests during the time period that this Local Law is being drafted. NOW, BE IT RESOLVED that for the next 90 days following the enactment of this resolution no applications of any form for erecting, installing or locating windmills or other wind powered equipment shall be accepted by the Town of Brant and/or its any Town agency or official with whom such application could be made during the term of this moratorium. CDBG: Pero reported that there was a meeting with Village Mayor Caber, grant writer Connie Miner and County officials February 25th. NEW BUSINESS: Supervisor - Police Commissioner: Supervisor Pero reported to the Board that the position of Supervisor as Police Commissioner is, once named, a job of the Supervisor, but asked for another motion and that it shall be included in the Organizational Agenda from this time on and asked for the following: Councilwoman Turner moved for the adoption of the following: 080311-117, seconded Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-117 RESOLVED: The position of Police Commissioner shall be held by the Supervisor and in his absence the Deputy Supervisor. Civil Service Resolution: Supervisor Pero stated that the Board members had discussed the following on the phone and presented the following: Supervisor Pero moved for the adoption of the following: 080311-118 seconded Councilman Fullone. A roll call vote was taken: Pero-aye, Fullone-aye, Turner-aye, Gier-aye, Kujawinski-aye. 5 ayes, 0 nays, 080311-118 RESOLVED: To eliminate the two clerks to Justice part time positions Councilman Gier moved for the adoption of the following: 080311-119 seconded Councilman Fullone. A roll call vote was taken: Gier-aye, Fullone-aye, Kujawinski-aye, Pero-aye, Turner-aye. 5 ayes, 0 nays 080311-119 RESOLVED: Create two clerk to Justice full time positions PJC and the positions will be held by Julie Sager and Karen Karey retroactive Ethics Board: Councilman Kujawinski moved for the adoption of the following: 080311-120 seconded Councilman Fullone. A roll call vote was taken: Kujawinski-aye, Fullone-aye, Turner-aye, Gier-aye, Pero-aye. 5 ayes, 0 nays 080311-120 RESOLVED: To appoint Frank Gugino, Carmen Vacco, and Barbara Daniels to the Ethics Board NYS DOT?s Safe Routes to Schools Program Supervisor Pero moved for the adoption of the following: 080311-121 seconded Councilwoman Turner. A roll call vote was taken: Pero-aye, Turner-aye, Gier-aye, Fullone-aye, Kujawinski-aye. 5 ayes, 0 nays 080311-121 RESOLVED: WHEREAS, the Town of Brant and The Lake Shore Central School District are desirous of promoting a safe, healthy alternative to riding the bus or being driven to school; WHEREAS, the entities mentioned above desire to submit a proposal to the New York State Department of Transportation under the Safe Routes To School Program with a grant deadline of April 1, 2008 with a maximum grant request of $550,000 for the construction of sidewalks and other non-infrastructure improvements; WHEREAS, the Town of Brant act as Project Sponsor (Lead Agency) and the Lake Shore Central School District will act as Project Applicant; WHEREAS, the Town of Brant, as Project Sponsor will be responsible for all fiscal and administrative requirements of this reimbursement program, if awarded; WHEREAS, construction of these improvements can provide for improved safety, an enhanced quality of life, and the movement of school children to and from school without having to use motorized vehicles in the Town of Brant, thereby assisting in the reduction of traffic and not adding to the increase of air contaminates. THEREFORE BE IT RESOLVED, that the proposed construction and rehabilitation of the existing sidewalks within a two-mile radius of the Brant Elementary School shall be, in part or in whole, effected through a grant application to the New York State Department of Transportation?s Safe Routes To School Program, and RESOLVED, that the construction of these sidewalks shall result in an improvement to the quality of life for school children in the Town of Brant and for all who use these sidewalks, and RESOLVED, that the Town of Brant shall progress the Safe Routes To Schools Grant Application through the assimilation of an application package including written material and the development of engineering cost estimates. SCEC Supervisor Pero read from a letter from Lori Szewczyk coordinator of the Southtowns Community Enhancement Coalition concerning the Town?s pledge to cash match 10% of the total project costs along with six other communities. The request was for $475.00 per Town and $300. Per Village Councilman Gier moved for the adoption of the following: 080311-122 seconded Councilman Fullone. A roll call vote was taken: Gier-aye, Fullone-aye, Pero-aye, Turner-aye, Kujawinski-aye. 5 ayes, 0 nays 080311-122 RESOLVED: To support the Southtowns Community Enhancement Coalition SMSI grant project as stated by the Town of Brant by resolution in 2006 and to approve payment to Town of Evans as lead agency of $475.00. Right to Speak: Councilman Dan Kujawinski spoke regarding the new Privilege of the Floor policy ?it doesn?t clarify how the rest of the Board will know who requested to speak, it eliminates the people?s right to address their elected officials, agenda is not available in time for people to review to put in a request to speak in allotted time. Precedent is being set in wrong direction, Councilman Kujawinski moved for the adoption of the following: 080311-123 To rescind and void the Brant Town Board on January 3RD and 8th because it eliminates the right of citizens to address their elected officials and their right to participate in the democratic process of the American County. It is further moved to establish an alternative policy that restores the right of citizens to address their elected officials in a civil, reasonable, timely and uninterrupted manner. Under the Acknowledgement of Visitors segment near the beginning of the meeting, those wishing to address the board shall be recognized by the chair and limit their comments to three uninterrupted minutes (unless there are extenuating circumstances) and multiple speakers to 12 minutes about the same topic. Any member of the board may respond verbally for up to one minute, a board member may be chosen to respond to the original speaker in writing prior to the next regularly scheduled meeting or the board may elect to respond verbally with a detailed report at the next regularly scheduled meeting and have the topic listed on the coming agenda under old business. Councilman Kujawinski asked for a second.. Supervisor Pero stated that the policy doesn?t limit the voice of the people, - Visitor Acknowledgements to the end of the meeting is meant to allow the completion of Town Business first - people will still be able to speak. Supervisor Pero asked Councilman Kujawinski if he thought the Town Board meetings were a Town Forum. Kujawinski responded that the new policy is unclear. Discussion continued and Councilman Gier seconded motion 080311-123. A roll call vote was taken: Kujawinski-aye. Gier-aye, Turner-nay, Fullone-nay, Pero-nay, 2 aye, 3 nays Resolution 080311-123 Defeated. Energy Committee Report: Supervisor Pero acknowledged Bill Henry, Chairman for the Energy Committee for Town of Brant. Mr. Henry recapped accomplishments for 2007: received a grant from Senator Volker?s office for the Energy Park proposed for the Hardpan site, Southtowns Energy Fair helping residents to see grants, programs and incentives, and other benefits available, the Wind Action Group (Bob Knoer) educated the Town, Cornell Coop did energy saving tips and presentations at the Senior Center, Smart Communities presented on the use LED Christmas lighting, Legislature to remove Counties portion of Sales Tax for Solar Panels residential installations, and received a grant for Solar Panel Installation for the Highway Department. Goals for 2008: Conduct an energy audit of the Town Buildings, obtain a Laptop and Projector for Power Point presentations before Town Board meetings, possible funding options available, also, informing residents of energy savings by the Solar Panels on the Highway building by putting the information on the website. Next, Southtowns Energy Fair scheduled for September 20, 2008. The committee is seeking volunteers for the event. Mr. Henry then requested a resolution from the Board that would prevent collection of Sales tax on Solar Panel Installations. Supervisor Pero then asked the Board to suspend Rule number 7 to allow people to ask questions of Mr. Henry. Marty Rosiek stood and asked why the Board had passed a Moratorium on the Windmills when they didn?t yet have a Public Hearing. He explained that under NYS law, a moratorium requires a public hearing. Mr. Grennell explained that this moratorium was simply a stop gap before a completed piece of legislation was available for enactment. Jeff Gier asked Mr. Grennell what the law stated regarding public hearings. Mr. Grennell answered that it was the Board?s preference. Gier stated that before the Town actually passed the law, there would be a public hearing anyway. Marty said the Town should do away with rule number 7 because it prevented him from speaking about the enacted moratorium. John Grennell- the Town should announce a public hearing to cover two possibilities. Enactment of the full legislation if it is finished in time or enactment of the Moratorium if it is not finished. Supervisor Pero moved for the adoption of the following: 080311-124 seconded Councilman Fullone. A roll call vote was taken: Pero-aye, Fullone-aye, Turner-aye, Gier-aye, Kujawinski-aye. 5 ayes, 0 nays 080311-124 RESOLVED: to rescind # moratorium on windmills which passed earlier tonight. Supervisor Pero moved for the adoption of motion 080311-125 Councilman Fullone seconded the motion. A roll call vote was taken: Pero-aye, Fullone-aye, Gier-aye, Kujawinski-aye. Turner-aye, 5 ayes, 0 nays 080311-125-RESOLVED: To set a public hearing on Tuesday April 8, 2008 and 8:00 PM for the purpose of setting a moratorium on windmills or passing the new legislation on windmills. REPORTS OF COMMITTEES: TOWN BOARD REPORTS: Kujawinski announced a blood bank on Thursday March the 30th at Holy Spirit Church in North Collins. The assessor requested a meeting with the Board on the 3rd of April which is traditionally the Town Board?s workshop night with Dave Wilkins from NYSORPS is agreeable. There is an old cemetery that the property owner does own but would like to allow the Town to maintain it. Supervisor Pero spoke of the technological upgrades currently in the works at the Town Hall regarding a central server for the entire town hall, being worked on by Sherman Reickart. Reickart who was present informed the Board that he had created another workstation from discarded parts of other computers. He then mentioned an idea the Town Clerk had to put the workstation upstairs where the farmland technical items are for access by the Board members. Pero spoke of the Senior Citizens change of officers. Marge Pero appointed as assistant treasurer. The position of Assistant Secretary is open. They raised the cost of lunch to $2.00 and a revised list of day trips has been made available. All day trips $30.00 for senior residents and non residents are at adjusted fee. . The Silver Sneakers program is free to SS members and $20.00/mo for non members. Anyone with questions can call 646-0665. Pero stated that he attended a Chamber of Commerce function in which Brant Auto was named Small Business of the Year. Pero had sent in the application naming Brant Auto as his recommended Business of the Year, on the advice of Michelle Hy, Planning Board member. He then recognized another new business, Etched in Stone, owned by Jamey Solecki. Pero asked for a motion to pay $175.00 to the Association of Towns dues. Councilman Gier moved for the adoption of the following: 080311-126 seconded Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-126 RESOLVED: Town to pay $175.00 to the Association of Towns for annual due. Cold War Veteran?s exemption. John Grennell stated that the State Legislature failed to enact the law that would allow towns to provide that exemption to its residents. Therefore, at this point, no public hearing will be necessary since the towns cannot act on it. Evans Brant agricultural district must be recertified every 8 years. There will be a meeting on Wednesday March 12 at the Evans Town Hall Conference Room at 6:00 PM. The meeting will address the 8 year review. Posted on Town Clerks Board. The Town was informed they had been issued a Grant in the amount of $1,200.00 for the Brant Summer Concert Series from The Buffalo Arts Council. A letter from Debra Ritz notifying the Board of the award of a grant for a security system for the Town of Brant Court. Supervisor Pero thanked Ritz for acquiring the system. Supervisor Pero moved for the adoption of the following: 080311-127 seconded Councilwoman Turner. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-127 RESOLVED: To hold a Town Board Workshop on Thursday April 3rd @ 7:00 PM Supervisor Pero then spoke about the possibility of the Town of Brant creating a Boys and Girls club. If anyone is interested in the project they can contact Christine Occhino and see Supervisor Pero after the meeting for the information. Supervisor Pero spoke about the letter Bob Reynolds sent to Senator Volker regarding the funding for the Energy Park feasibility study. Letter to Mike Felschow from Sam Hoit regarding the Copper resale and vandalism of homes, businesses and infrastructure stealing the copper in the area. Various Businesses are being notified. Councilwoman Turner moved for adoption of the following 080311-128, seconded by Supervisor Pero . Roll Call Vote: Turner-aye, Pero-aye, Fullone-aye,. Gier-aye, Kujawinski- abstains. 5 Ayes, 0 Nays, 080311-128 RESOLVED TO APPROVE THE FOLLOWING ABSTRACT 2 0F 2008 FOR PAYMENT Abstract 2 of 2008 General Fund Town wide Vouchers 14-49 Totaling: $49,086.93 General Fund ? Part Town Vouchers 3-4 Totaling: $ 10,917.50 Highway Town wide Vouchers 4-20 Totaling: $18,806.78 Street lighting Voucher 1 Totaling: $2,741.18 General Town wide Payroll-ending 1/25/08 Totaling: $18,861.80 General Part Town Payroll ending 1/25/08 Totaling;$471.76 Highway Payroll ending 1/25/08 Totaling: $10,248.60 Councilman Gier moved for adoption of the following 080311-129, seconded by Supervisor Pero. Roll Call Vote: Gier-aye, Pero-aye, Kujawinski- aye, Turner-aye, Fullone-aye, 5 Ayes, 0 Nays, 0 Abstains 080311-129 RESOLVED TO APPROVE THE FOLLOWING ABSTRACT 3 0F 2008 FOR PAYMENT Abstract 3 2008 General Fund Town wide Vouchers 50-90 Totaling: $27,344.17 Corrected General Fund Pert Town Vouchers 5 Totaling: $ 5,000.00 Highway Town wide Vouchers 21-31 Totaling: $9,617.70 Corrected Street lighting Voucher 3 Totaling : $2,509.17 General Town wide Payroll-ending 3/1/08 Totaling: $36,750.24 General Part Town Payroll ending 3/6 Totaling; $ 841.77 Highway Payroll ending 3/1/08 Totaling: $17,429.46 Official Record for Minutes: Audit Committee disapproved Voucher # A75 ? Police Contractual expense to Sewing Technologies for 224.35 Badges ? Voucher Paid MEETINGS AND CORRESPONDENCES Jeannie Haberer sent letter stating approval for new privilege of the floor procedure. Regrets signing petition against it. Joe Friend sent letter thanking Town for the Silver Sneakers exercise program. Pat Murphy sent letter supporting the new privilege of the floor policy Letter from E. Pagliani supporting Pero?s article in the Penny saver explaining the new policy Letter from Ron Kobel regarding a recent rental wherein he did not receive his security deposit back due to damage. Discussion followed. . Letter from Karen Taylor. Understood the article placed in Penny saver but felt that his use of the word vendetta may have caused him to lose some of his credibility. Letter from John & Betty O?Donnell commending the board for all its work in the community lately. The letter then expressed regret for the turmoil the ?small group? of people are making for the rest of the town. Letter from Legislator Reynolds regarding a meeting on January 31st where they discussed matters in the area Letter from Legislator Reynolds regarding sales tax Pero mentioned the trip to NYC and the classes attended Happenings from the Chamber of Commerce Privilege of the Floor Stan Kijek One is loss of power at various times on Brant Reservation Road. Pero: We?ll have to look into this, and requests new telephone poles on Brant Reservation Road as they are leaning over. Pero: Thanked Kijek and will look into it. Brenda Giacchino.: Brenda suggested asking Community Concern to come speak to the seniors once a month at the Senior Center. Pero asked would Brenda be interested in working with the Board to set up the program. Brenda replied yes. Norm Dotzler. What is the status of the Time Warner feasibility study? Kujawinski: Time Warner was asked if they could run the line from North Collins instead of Angola, but there are a lot of dead zones. Pero: He will check with Sharon Hanson about this and explained it has a lot to do with the density of homes, etc. Kirk Ritz/not present ? Pero - In the letter Mr. Ritz spoke about the ad in the Penny saver run by Supervisor Pero on behalf of the Board. Pero: The ad was personal and had nothing to do with the Town Board and was paid for by him. Sherman Reickart questioned the status of the water project between North Collins and Brant and asked if survey results from that project were of any use and inquired if the finance options are the same and if the Town must still prove a hardship. Pero: Now the Town of North Collins is looking into the possibility of selling water to the Town of Brant, with the system of water purification standards that are required. Still awaiting answers from CRA as to the survey results. Town is still seeking financial hardship funding. Fullone mentioned that the Town could get a very low interest Bond for the project. Pero responded that perhaps the Town could get a hardship 0% rate. Marty Rosiek: concerning Privilege of the floor policy, rule #7, he wanted to speak on an issue the board was discussing obeyed the rules. Pero answered :just raise your hand. Marty: lack of an agenda to review before the deadline to request privilege of the floor. Pero: There will be an agenda by Monday, ask to speak before the meeting, & board will suspend rule seven & you can talk. Question: age and replacement of Police Cars 71 & 72. When he left office in 2005 there was $20,000 in Capital reserve to buy the car. No new cars were purchased, is there $40,000 in the reserve? Recommended the board continue to follow the previous replacement schedule. Pero: This is a new board, we will take it under consideration. Chief Felschow. Mike Felschow read a letter from Clark Borngraber regarding the recent tragedy that occurred in Brant and the professional manner in which Brian Kauzala handled it. Debra Ritz. Pero acknowledged that her packet contained a multitude of issues and that he?d be able to answer some immediately but others would require research, & many were answered throughout the year. Pero read 1st Q. - From letter: ?Explain your appointment of an unqualified chief, did the Town Board know he was unqualified, or did he mislead you during his interview causing you to appoint him? Pero: No, the Town Board did not know there was such a thing as an unqualified Chief of Police. Pero asked if she wants answers & Ritz spoke that her main concern is the confusion with the resolution (#7 of agenda) & letter was to all of Board about the resolution, & her concern of verbal changes to resolution. Who is invited, who is contacted, when contacted, the board needs to explain procedure. Penny Saver article is different than resolution. Pero needs to follow Robert?s Rules of Order by not interrupting, civility has to mutual. Ritz said she knew answers to questions; why should all of us suffer with this resolution when board members said there was a need to silence a small group. Pero said all questions in letter will be answered so the public knows there was nothing hidden and nothing wrong by the Board in any of these things, and he will put it in writing if he has to. Apologized for interrupting, but it is hard to answer so many questions, and he wants to answer. Pero explained that if someone wants to ask a question/comment on a subject, they just need to raise their hand and the board will suspend rule number 7. The Board does not want to be abused and or get derogatory remarks from the visitors as in past. Councilman Fullone moved for the adoption of the following: 080311-130 seconded Supervisor Pero. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-130 RESOLVED: to suspend Rule # 7 for Rick Dole Dole asked how the board would notify those who had submitted a request to speak. Pero: That?s something that we will have to work on. So far, everyone has been able to speak. Letter from John Chiavetta read by Pero. Expressed concern if alcohol was present at a party held after court night on December 28 wherein then Justice Ritz celebrated her last night. Pero gave a file to Attorney Grennell. Ritz: The party was funded by herself. Fullone: asked if there was alcohol there, she answered yes, there were gift bottles, but that she knew of no one drinking. Ritz: There is nothing in employee book on ?no parties? but there is a State Law prohibiting ?No Smoking in Building? but yet some town officials and employees are smoking in building continually. Councilman Kujawinski requested the board hear the question of Barb Daniel regarding the # 7 resolution: Barbara: found no loss of ability to speak, therefore no longer needed to speak against it at this time. Supervisor Pero moved for the adoption of the following: 080311-131 seconded Councilwoman Turner. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-131 RESOLVED: Approve request for Cemetery Association to meet at Town Hall Saturday April 5th @ 1:00 PM Councilwoman Turner moved for adoption of the following 080311-132, seconded by Supervisor Pero . 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays 080311-132 RESOLVED: TO ADJOURN THE MARCH 11th, 2008 MEETING OF THE BRANT TOWN BOARD AT 10:00 PM Respectfully submitted, Thea A. Ells, Brant Town Clerk