Minutes of the Regular Meeting held on Tuesday April 08, 2008, at 7:30 PM, and notes for the workshop @ 7:00 PM @1294 Brant NC Road, Brant, New York at the Brant Town Hall, with a public hearing scheduled for Proposed Local Law 1.
Present: Supervisor Leonard Pero, Councilwoman Roseann Turner, Councilman Vincent Fullone, Councilman Daniel Kujawinski, Attorney John Grennell, Recording Secretary: Town Clerk Thea Ells
Absent Councilman Jeffrey Gier (due to surgery) Others Present: George Cordia, Alice Escott, Michele Kujawinski, Debbi Ritz, Rick Dole, Kirk Ritz, William Henry, Charles Arrigo, Stan Kijek, William Ford, Martin Rosiek, Lee Brunelli, Jean Brunelli, Brian Rott, Michael Felschow, Tim Kobel, Patrick Guerin, Shannon Guerin.
The board members were in attendance for a workshop at 7:00 PM. No formal votes taken.
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 Kujawinski asked for update from an item in March minutes in regards to Time Warner coming from North Collins ? Pero answered no word back yet, and to bring to the attention of the Board members later concerning voucher payments.
Councilman Fullone moved for adoption of the following 133, seconded by Councilwoman Turner. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
133: RESOLVED: TOWN BOARD MEETING MINUTES FROM AND MARCH 6TH AND MARCH 11TH MEETINGS ARE APPROVED
Councilwoman Turner moved for the adoption of the following: 134,
seconded by Councilman Fullone 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
134: RESOLVED SUPERVISORS FEBRUARY 2008 FINANCIAL REPORT IS APPROVED
Councilman Fullone moved for adoption of the following 135, seconded by Councilman Kujawinski. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
135 RESOLVED: FEBRUARY TOWN CLERK?S FINANCIAL RECONCILIATION REPORT BE ACCEPTED
Councilwoman Turner moved for adoption of the following 136, seconded by Councilman Kujawinski. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
136: RESOLVED: FEBRUARY 2008 JUSTICE GUGINO FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED
Councilwoman Turner moved for adoption of the following 137, seconded by Councilman Fullone. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
137: RESOLVED: FEBRUARY 2008 JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED
Councilman Kujawinski moved for adoption of the following 138, seconded by Councilman Fullone. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
148: RESOLVED: MARCH CODE ENFORCEMENT OFFICER?S ACTIVITY REPORT BE ACCEPTED
Councilman Fullone moved for adoption of the following 149, seconded by Councilwoman Turner. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
139: RESOLVED MARCH DOG CONTROL OFFICER?S ACTIVITY REPORT BE ACCEPTED
Councilman Kujawinski moved for adoption of the following 140, seconded by Councilman Fullone 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
140: RESOLVED: MARCH POLICE ACTIVITY REPORT BE ACCEPTED
Councilman Kujawinski moved for adoption of the following 141, seconded by Councilman Fullone. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
141: RESOLVED: MARCH TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED
Councilwoman Turner moved for adoption of the following 142, seconded by Councilman Fullone. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
142: RESOLVED: MARCH PLANNING BOARD REPORT BE ACCEPTED
Supervisor Pero read from the minutes of February, March and April from the Brant Senior Recreation Organization. Discussion followed concerning pre payment of bus trips.
Supervisor Pero moved for adoption of the following 143, seconded by Councilman Fullone. A roll call vote was taken: Pero-aye, Fullone-aye, Turner-aye, Kujawinski-nay. 3 ayes, 1 nays,
080408-143: RESOLVED: AUTHORITY FOR PRESIDENT AND TRAVEL COMMITTEE CHAIRMAN TO SIGN CONTRACTS FOR BUS SERVICE FOR BRANT SENIOR RECREATION
OLD BUSINESS:
Public Hearing
Supervisor Pero stated that the scheduled Public Hearing will be rescheduled till next month as Attorney Grennell will have the final copy reviewed and the procedure for the SEQR, which is required for this type of legislation.
Supervisor Pero moved for adoption of the following 144, seconded by Councilwoman Turner. A roll call vote was taken: Pero-aye, Turner-aye Fullone-aye, Kujawinski-aye. 4 ayes, 0 nays
080408-144: RESOLVED: TO CONDUCT A PUBLIC HEARING ON PROPOSED LOCAL LAW NUMBER 1 OF THE YEAR 2008, ENTITLED A LOCAL LAW FOR ?WIND ENERGY ORDINANCE? ON THE 13TH DAY OF MAY 2008 AT 8:00 PM.
Acknowledgement of Visitors: Pero ? None present
CDBG Route 5 & Route 20 Study:
Pero: no new progress
NYS DOT?s Safe Routes to Schools Program
Supervisor Pero announced that due to time constraints the resolution to apply for the sidewalk grant will take place during the next round of applications.
NEW BUSINESS:
Recreation Fees:
The Board members had lengthy discussion concerning costs of program and concerns for non residents? attendance to program. Kujawinski stated that Recreation Committee used to recommend fees, program, staffing. etc., and asked if they meet on a regular basis. Pero stated he is following what was done in past and no extra fees for non residents. Last year fees were raised approx. $5.00 for attendance and $10.00 increase for bus. No figures or report presented for comparison (how many in attendance last year, how many non residents). Clerk verified that fees were doubled for non residents in past.
Pero made motion to suspend rule #7, seconded by Turner passed:
Several residents spoke on program and fees. Discussion followed:
No prices were presented for costs of buses and fuel for this year. Discussion continued ? pool is a big attraction and does the board figure those costs in?
Councilman Fullone moved for adoption of the following 145, seconded by Councilwoman Turner. A roll call vote was taken: Fullone-aye, Turner-aye, Kujawinski-aye, Pero-aye, 4 ayes, 0 nays
080408-145: RESOLVED: Recreation Fees: Bus $30.00 ? Fees:
$65 one child, $50 each for two, $40 for each over three, non residents $75.00 one child, $60 each for two, and $180 family.
BAN ? Surfside Ext ? Brant Water District:
Pero: Board gave him authority to sign for BAN at the Organizational meeting and he will be signing for renewal of $15,000.00, with rate a little lower.
Tennis Court & Sidewalk:
Pero: Tennis Court painted and marking needs to be done - Sidewalk for Brant Reservation from corner to hill.
Kujawinski concerned with details of spec?s for vouchers.
Pero stated he wanted to put out bids for spec?s. Discussion followed ? concerning how spec?s were developed and bidding process. Joe Giambrone confirmed he would provide spec?s for sidewalk.
Councilman Fullone moved for adoption of the following 146, seconded by Supervisor Pero. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
146: RESOLVED: Permission for Supervisor to advertise for bids
Recreation Attendants:
Pero has received 14 applications and cutoff for applying will be May 1st.
DPW:
Pero asked Attorney Grennell to investigate creating a DPW with Village of Farnham or on our own.
ORPS Equalization:
Pero reported that there was a meeting last Thursday with Assessor, Joe DeCarlo, and State ORPS representative Dave Wilkins. The state is forcing reassessment on us due to the inequity of properties. Turner reported that examples of inequity (land sales and lakefront) were presented to board members. Kujawinski reported on examples of lake front property sales and examples of assessments are low compared to same in areas adjacent to our town. Assessor is sending out letters informing property owners of changes in assessments with estimated tax amounts and with forms for informal review of assessments, before grievance day with Board of Review. Equity for all property owners is the goal.
Pero /Turner suspend rule #7 ? Bill Henry, and other residents spoke - discussion followed concerning isolated sales; fair market value at the county level has dropped, effect on exemptions, equalization rate.
Grounds Maintenance Contract:
Pero reported that his intent is to renew (extend) the current contract with DM&K as was done previously in 1989-91.
Councilman Fullone moved for adoption of the following 147, seconded by Supervisor Pero. A roll call vote was taken: Fullone-aye, Pero-aye, Kujawinski-aye, Turner-aye, 4 ayes, 0 nays
080408146: RESOLVED: To extend present contract with DM&K for $12,800.00
Concerning rule #7 rules of procedure
Kujawinski spoke concerning recent events with a school board and misconduct, and abuse which were not heard due to similar regulations that have been adopted here. He spoke on history, precedent, and rights and privilege to speak. He asked that public participation be encouraged to find an alternate solution to rule #7 of meeting procedures.
Councilman Kujawinski moved for adoption of the following 148, received no second: Motion: to rescind motion #7(08Org-2) in the rules of procedure for board meetings and if rescinded to invite all to participate and develop new rules of procedure for civil procedures. Pero ? sees nothing wrong with rule and as tonight, if anyone wished to speak on a subject being discussed they raise hand and rule #7 is suspended. Turner ? meetings going well.
Recreation Attendees: Turner asked that letters from applicants be acknowledged to all Board members @ meetings.
Committee Reports:
Energy Committee Report:
Bill Henry spoke on Green Energy ? regulations, taxes, assessment of wind and energy improvements. Spoke concerning no sales tax on solar, wind and green energy purchases. He asked the Board to reaffirm the town?s commitment to real property tax exemptions as outlined in the Town?s Master Plan for renewable energy.
Supervisor Pero moved for the adoption of the following: 080408-149 seconded Councilman Kujawinski. A roll call vote was taken: Pero-aye, Kujawinski-aye, Fullone-aye, Turner-aye, 4 ayes, 0 nays
080408-149 RESOLVED: To reaffirm the Town of Brants commitment, as outlined in the Town of Brants? Master Plan, to real property tax exemption for renewable energy uses in the Town of Brant.
Giambrone:
Moved older black chairs to recreation building and found the gymnasium flooded, the drainage was snaked and found debris ? gym pumped out and they will be following up. Organ in Senior Community building needs to be named as surplus to dispose of. Grounds adjacent to Town Hall need to be cleared of gravel and stone from winter plowing. Pero will speak with DM&K. Trees in park down and need removed. Salt and blacktop #7 is going up this year and no prices yet for oil for chipping. He received questions concerning the trailer that the Highway uses for hauling needed equipment. The Trailer belongs to Town and also received calls concerning mailbox replacement on state roads. Board needs to be aware that recreation uses same area as Silver Sneakers and need understanding that chairs and tables will need to be put aside for each group.
Town Hall Committee: Comm. will be meeting April 16th
TOWN BOARD REPORTS:
Kujawinski: concerns as auditing committee member ? has concern over vouchers which are prepaid which may not be classified as such ? Bookkeeper should have a resolution from the organizational of listed prepays for approval to pay. Also understands that entire board is responsible for payroll and he has never seen any itemized payroll. Pero ? we are sending payroll to civil service every two weeks and that could be provided to all board members. Kujawinski - Some vouchers are not broke down which makes verification of purchases difficult. Kujawinski asked if we don?t buy paper supplies etc in bulk purchase instead of going out and purchasing small amounts. Supervisor?s office should be responsible for bulk purchasing such as office supplies, cleaning, paper etc. for town wide purchasing instead of each department. Questions, of which offices have petty cash available - will be provided. Vouchers need to have more detail for ease in auditing. The $250.00 preapproval is not always being followed, and need clarification of what is exempt of rule.
Pero: Read from letter received from Legislator Reynolds asking for a resolution supporting the 8 year Ag district review.
Councilman Kujawinski moved for the adoption of the following: 150, seconded by Councilman Fullone: A roll call vote was taken: Kujawinski-aye, Fullone-aye, Pero-aye, Turner-aye, 4 ayes, 0 nays
080408-150 RESOLVED: Be it resolved that the Town Board of The Town of Brant supports the 8 year review of the Evans Brant Agricultural District (E.C. #9) as recommended by Legislator Robert Reynolds for the purpose of preserving rural heritage and to create a positive environment for farming.
Pero read letter from assessor Joseph DeCarlo concerning need for help in getting letters out for assessments.
Councilman Kujawinski moved for adoption of the following 151, seconded by Councilman Fullone. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
151: RESOLVED: to approve for Jeanette Mirusso to assist in assessors? office as needed for help with mailings
Organ ? Surplus:
Supervisor Pero moved for adoption of the following 152, seconded by Councilman Fullone. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
152: RESOLVED: Organ at Senior Community Building is named as surplus and is to be disposed of.
Water Project ? North Collins
Pero reported that North Collins will be named as lead agent in paperwork after testing this year.
Resignation of Officer Jason Miller read by Pero.
Pero read correspondence including:
Erie County to New York concerning defense expenses
Erie County to New York State concerning costs to county prohibition services
ABATE Proclamation
Councilman Fullone moved for the adoption of Proclamation 1 of 2008, seconded by Councilwoman Turner 4 Ayes Pero, Turner, Kujawinski 0 Nays
WHEREAS, The Town of Brant recognizes the American Bikers Aimed
Toward Education (ABATE) Organization as a promoter of motorcycle safety, awareness & education. WHEREAS, the month of May brings out many of the motorcycle riders due to the change in weather, and extra precautions should be in effect for these riders. WHEREAS,
NOW THEREFORE BE IT RESOLVED, that the Brant Town Board proclaim the month of May as Motorcycle Safety and Awareness month in the Town of Brant
Letter from Smaldino on Milestrip ? discussion followed with history of requests for speed reduction study.
Supervisor Pero moved for adoption of the following 080408-153, seconded by Councilman Kujawinski. Roll Call Vote: Pero-aye, Kujawinski- aye, Turner-aye, Fullone-aye, 4 Ayes, 0 Nays, 0 Abstains
080408-153 RESOLVED to request a speed limit reduction from Erie County for Milestrip Rd and Versailles Plank in the Town of Brant ? Supervisor Pero to contact County
Supervisor Pero moved for adoption of the following 080408-154, seconded by Councilman Kujawinski. Roll Call Vote: Pero-aye, Kujawinski- aye, Turner-aye, Fullone-aye, 4 Ayes, 0 Nays, 0 Abstains
080408-154 RESOLVED to request a speed limit reduction from New York State for Versailles Plank Rd in the Town of Brant ? Supervisor Pero to contact State
Councilwoman Turner moved for adoption of the following 080408-155, seconded by Supervisor Pero. Roll Call Vote: Turner-aye, Pero-aye, Fullone-aye, Kujawinski- aye, 4 Ayes, 0 Nays, 0 Abstains
080408-155 RESOLVED TO APPROVE THE FOLLOWING ABSTRACT 4 0F 2008 FOR PAYMENT
Abstract 4 2008
General Fund Town wide Vouchers 91 Totaling: $223,090.88
General Fund Part Town Vouchers 6-7 Totaling: $ 21,585.00
Highway Town wide Vouchers 32-44 Totaling: $2,955.40-corrected-VOID #41
Highway Part Town Vouchers 4-6 Totaling: $ 6,530.89
Street lighting Voucher 4 Totaling: $2,356.75
Lotus Bay Sewer Voucher #1 $700.00
Farmland Protection Voucher 1-2 $556.00
General Town wide Payroll-ending 3/15/08
Totaling: $25,340.51
General Part Town Payroll ending 3/15/08 Totaling; $ 564.57
Highway Payroll ending 3/15/08 Totaling: $36,890.96
Official Record for Minutes:
Audit Committee did not approve the following # A-113 ?Quill, #A-125 Reickart, and #H-1 Reickart
Privilege of the Floor ? No one had contacted the board by correspondence.
Pero / Turner to suspend rule # 7
Kobel - Questions concerning procedure of requests to address Town Board as he was out of town and expressed concern over input to Board.
Pero ? to address the board during Privilege of floor you are required to write a request by Thursday @ 3:00 PM before Tuesday meeting and or speak to a Councilman at new workshop time @ 7:00 PM before meeting but if you want to bring up a subject that has been covered month after month it probably won?t be addressed.
Kirk Ritz ? why are we the only town in Erie County with this procedure - Pero its working fine.
Debra Ritz ? is confused when resolution states one thing and Supervisor Pero states the procedure is different.
Pero ? the resolution is the format ? town Law states that the Town Board has the right to make rules for board meetings.
Marty Rosiek ? raised points that some may be intimidated to ask for permission to speak.
Councilwoman Turner moved for adoption of the following 156, seconded by Councilman Fullone. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
156 RESOLVED: TO ADJOURN THE MARCH 11th, 2008 MEETING OF THE BRANT TOWN BOARD AT 9:38 PM
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
