Minutes of the Regular Meeting held on Tuesday May 13, 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 Jeffrey Gier, Councilman Vincent Fullone, Councilman Daniel Kujawinski, Attorney John Grennell, Recording Secretary: Town Clerk Thea Ells
Record of Sign in:
Kevin Gaughan
Lee Brunelli
Jean Brunelli
Rick Dole
Debra Ritz
Brian Rott
Kirk Ritz
George Cordia
Ron Kobel
Diane Czyz
Tim Kobel
Brian Campbell (Hamburg Sun)
Erica Lottbrein
Legislator Bob Reynolds
Bill Bastak (Larson Engineers).
A workshop was held before this meeting and was attended by board members at 7:00 PM. Marty Rosiek spoke to board members about # 7 of rules of procedure, D. Ritz asked to be recognized for comments concerning Councilwoman Turner, and attorney Grennell reported on correspondence from Lake Shore Central Schools regarding buses for recreation. Board members and Clerk Ells discussed pre pays, policies for payment of claims and banking procedures for deposits. 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 moved for adoption of the following 157, seconded by Councilman Fullone, Councilman Gier abstained. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays 1 abstain
157: RESOLVED: TOWN BOARD MEETING MINUTES FROM APRIL 3TH AND APRIL 8TH MEETINGS ARE APPROVED
Councilwoman Turner moved for the adoption of following 158. Councilman Kujawinski questioned when the independent audit was to be conducted. Pero responded that he would look into it. Motion was seconded by Councilman Gier. 5 ayes, 0 nays: Pero, Turner, Fullone, Kujawinski 0 nays
158: RESOLVED SUPERVISORS MARCH 2008 FINANCIAL REPORT IS APPROVED
Councilman Gier moved for adoption of the following 159, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays
159 RESOLVED: MARCH TOWN CLERK?S FINANCIAL RECONCILIATION REPORT BE ACCEPTED
Councilwoman Gier moved for adoption of the following 160, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays
160: RESOLVED: MARCH 2008 JUSTICE GUGINO FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED
Councilwoman Turner moved for adoption of the following 161, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays
161: RESOLVED: MARCH 2008 JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED
Councilman Kujawinski and Gier thanked Code Officer Gary Brecker for meeting and reviewing various town properties. Councilman Kujawinski moved for adoption of the following 162, seconded by Councilman Gier. 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays
162: RESOLVED: APRIL CODE ENFORCEMENT OFFICER?S ACTIVITY REPORT BE ACCEPTED
Budgeting for a 2009 Dog Census was discussed. Councilman Gier moved for adoption of the following 163, seconded by Supervisor Pero. 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays
163: RESOLVED APRIL DOG CONTROL OFFICER?S ACTIVITY REPORT BE ACCEPTED
Discussion regarding the purchase of a new police car, dollar figures were presented by Chief Felschow at a previous meeting. Councilman Kujawinski moved for adoption of the following 164, seconded by Councilman Gier 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays
164: RESOLVED: APRIL POLICE ACTIVITY REPORT BE ACCEPTED
Councilman Kujawinski moved for adoption of the following 165, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays
165: RESOLVED: APRIL TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED
Supervisor Pero motioned for the adoption of the following 165.1, seconded by Councilman Gier. 5 ayes, Pero, Gier, Turner, Fullone, Kujawinski 0 nays 165.1 RESOLVED: FORMATION OF WEBSITE COMMITTEE TO CONSIST OF THEA ELLS (CHAIRWOMAN), BARBARA DANIEL, DANIEL KUJAWINSKI.
NO PLANNING BOARD REPORT DUE TO LACK OF QUORUM.
Supervisor Pero read from the May minutes from the Brant Senior Recreation Organization.
Acknowledgement of Visitors:
Robert Reynolds addressed the Board and those present. Spoke on:
Distressed Real Property Committee: possible change of years for foreclosure with back taxes, and unified codes, stronger enforcement of codes may help with distressed properties.
Agriculture District map presented to Town.
Sales tax revenue is being shared, last pay to Town was aprox. $56,000.00 and to Village $7,000.00 and the assessed value of the Town and Village helps to keeps the amount up.
Robert left 2008 Family Fun Guides for summer 2008 which lists area events.
Kevin Gaughan had a presentation entitled ?The Cost? which included information concerning the 45 Towns and Villages in Erie County. Highlights of his presentation: informing the audience and officials present of the cost of our local governments: numbers of officials, and concerns of job market in area. Much more was covered in his presentation and asking for residents and officials to be open to solutions to our areas problems and to take action to correct. His presentation was presented before 8:00 pm and was interrupted for the public hearing and continued after the hearing.
8:00 PM PUBLIC HEARING: Thea Ells read the following notice and verified publication in the May 1st edition of the SUN, and was posted at the Brant Town Hall and area Post Offices.
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, together with a State Environmental Quality Revue Act and determination by the Brant Town Board as lead agency at the Brant Town Hall, 1294 Brant North Collins Rd, Brant, New York on the 13th day of May 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: 04-22-08 By order of the Brant Town Board Thea A. Ells, Brant Town Clerk
Councilman Kujawinski moved for adoption of the following 166, seconded by Supervisor Pero 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
166: RESOLVED: To open the public hearing
Attorney Grennell spoke on the changes which were included in the law. Spoke on SEQR and the negative declaration. William Henry spoke concerning hobbyist and application of the current law. Robert Reynolds suggested to the Board that they consider the impact on agricultural assessments? and to check with New York State Agriculture and Markets. There was more discussion with the mention of Town?s of Fenner and Hamlin.
Councilman Gier moved for adoption of the following 167, seconded by Councilman Kujawinski 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
167: RESOLVED: To close the public hearing
Councilman Fullone moved for adoption of the following 080513-168, seconded by Councilwoman Turner A roll call vote was taken: Fullone-aye, Turner-aye, Pero-aye, Gier?aye, Kujawinski-aye, 5 ayes, 0 nays
080513-168: RESOLVED: The Brant Town Board declares themselves as lead agency for the purpose of SEQR. As lead agency a Negative Declaration has been determined and that the proposed action described in regards to the Wind Mill Ordinance will not have a significant effect on the environment. The Board members give the authority to Supervisor Pero to sign documentation for this purpose.
Councilman Gier moved for adoption of the following 080513-169, seconded by Councilman Fullone. A roll call vote was taken: Gier ? aye, Fullone-aye, Turner-aye, Pero-aye, Kujawinski-aye, 5 ayes, 0 nays
080513-169: RESOLVED: To adopt Local law #1 entitled ?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. Clerk?s note: The complete text (15 pages) in its entirety is recorded in the Minute Book and in the Clerk?s Ordinance Book and is being sent to New York State Law Bureau for recording. The SEQR is being sent to Erie County Division of Planning for review.
Acknowledgement of Visitors: continued with Kevin Gaughan.
Bill Bastak and his associate of the Apollo Group (Larson Engineers) gave a presentation to the Board members and audience concerning Green building and the many, many ways to save energy, be efficient, etc.
OLD BUSINESS:
Recreation Fees:
Correction is needed to last month?s fee schedule:
Councilman Fullone moved for adoption of the following 051308-170, seconded by Councilwoman Turner. A roll call vote was taken: Fullone-aye, Turner-aye Pero-aye, Kujawinski-aye, Gier ? aye, 5 ayes, 0 nays
051308-170: RESOLVED: Town of Brant Recreation will begin Monday July 7th, 2008 and continue till Friday August 15, 2008 and fee schedule will be as follows:
Town of Brant Residents
Cost: $65.00 ? 1st Child
50.00 ? 2nd Child
40.00 ? 3rd Child
180.00 ? 4 or more children
30.00 ? per each child to ride the bus
Non Residents
Cost: $ 75.00- 1st Child
60.00- 2nd Child
50.00- 3rd Child
190.00- 4 or more children
30.00- per each child to ride the bus- must catch bus in Brant
Pool Fees:
Councilman Gier moved for adoption of the following 080513-171, seconded by Councilman Fullone. A roll call vote was taken: Gier?aye, Fullone-aye, Kujawinski-aye, Pero-aye Turner-aye 5 ayes, 0 nays
080513-171: RESOLVED: Splash Pool - Free
$2.50 for an individual day pass, Individual Season Pass $25.00, Family Season Pass $80.00 for up to four add $25.00 each additional
Senior Citizen pass $15.00
Councilman Kujawinski moved for adoption of the following 080513-172, seconded by Councilman Gier. 4 ayes: Pero, Fullone, Kujawinski 1 nays Turner.
080513-172: RESOLVED: Pool Hours will be July 1st through Labor Day with consideration of Health Dept approval to open and availability of lifeguards.
Supervisor Pero reported that the attendee who ran the pool and assisted Fininzio last year will not be available this year.
Supervisor Pero moved for the adoption of the following, 173; received no second.; To approve the hiring of Ryan Turner as an attendee to assist Vincent Fininzio with the running of the program and the pool @ $12.00 an hour; Councilman Turner said she would abstain.
Supervisor Pero announced that he, Councilman Fullone, Vincent Fininzio, Maria Inglut, Joseph DeMaria, and Michele Browning would be conducting interviews for recreation attendees and lifeguards on May 21st at the Senior Community Center. (note: rescheduled 5-15-08 to May 28th @ the Town Hall.)
Brant Water Project:
Supervisor Pero reported to the Board that CRA is updating the application for funding assistance to consider Brant receiving water from North Collins.
Town Park Well:
Buildings and Grounds Superintendent Giambrone and Parks Commissioner Pero reported that Ehmke Well Drillers were at the Park today and took out the old galvanized piping, pulled pump, inspected well with Jennifer Stelmach from Erie County Health Dept. The well did not pass inspection by ECHD. Ehmke replumbed the pump house with sch 40 pvc. Two options available: dig new well to Erie County standards for public use or tie to existing well for Highway and re pipe. Discussion followed.
Councilman Gier moved for adoption of the following 080513-174, seconded by Councilman Fullone. A roll call vote was taken: Gier?aye, Fullone-aye, Pero-aye, Turner-aye, Kujawinski-aye, 5 ayes, 0 nays
080513-174: RESOLVED: To get spec?s from Erie County Health Dept. for drilling new well, regulations, testing and inspection and plugging of other well and gather at least two bids for work.
Tennis/Basketball Courts:
Discussion with color choices and review that filler, acrylic binder and painting needs to be done to finish courts this year.
Supervisor Pero moved for adoption of the following 080513-175, seconded by Councilman Fullone. A roll call vote was taken: Pero-aye, Fullone-aye, Kujawinski-aye, Turner-aye, Gier?aye, 5ayes, 0 nays
080513-175: RESOLVED: To advertise for bids for surface finish for courts with a grey border and play area for each court to be green, to be opened June 9th @ 8:00 PM.
There was discussion of bidding requirements for sidewalks and courts, Attorney Grennell will gather information for notices and requirements for bidders and forward to Town Clerk. Spec?s will be updated for bidders by Giambrone and Gier respectively and given to Town Clerk.
Town Park Project: Supervisor Pero reported that Local 17 is starting the second week of June at the Park.
DPW: Attorney Grennell stated that he had more research to do before he was ready to report to the Board.
Right of Way on Surfside: Attorney Grennell reported that he, Joe DeCarlo, Joseph Maciejewski of the County are scheduling a phone conference to discuss the issue.
NEW BUSINESS:
Memorial Day:
Supervisor Pero announced; Town Clerk to advertise the following:
MEMORIAL DAY SERVICES, MONDAY, MAY 26TH, 2008
BRANT MEMORIAL PARK, SERVICES @ 9:00 AM
With VETERANS? HONOR GUARD
FARNHAM VILLAGE HALL, SERVICES @ 10:30 AM
LAKE SHORE MIDDLE SCHOOL BAND
Followed by, FARNHAM FIRE DEPT. ANNUAL CHICKEN BAR-B-Q
Paper of Record:
Supervisor Pero moved for adoption of the following 080513-176, seconded by Councilwoman Turner. A roll call vote was taken: Pero-aye, Turner-aye, Fullone-aye, Kujawinski-aye, Gier?aye, 5ayes, 0 nays
080513-176: RESOLVED: Designation of Official Newspaper for the Town of Brant from this date forward will be THE SUN with the Dunkirk Observer and Buffalo News as alternates.
Resolution for work day for retirement:
Supervisor Pero informed the Board members that the town received notification from NYS Retirement System that all elected and appointed officials (all employees) will need to keep a calendar of hours worked with detail of duties for the full month of June and turn it into Michele as soon as possible.
Supervisor Pero moved for adoption of the following 081503-177 , seconded by Councilwoman Turner. A roll call vote was taken: Pero-aye, Turner-aye, Gier?aye, Fullone-aye, Kujawinski-abstain 4ayes, 0 nays 1 abstain
080513-177: RESOLVED: Be it Resolved that the Brant Town Board be and hereby establishes the following as a standard workday for elected and appointed officials for the purpose of determining days worked reportable to the New York State and Local Employees? Retirement System:
All Elected Officials: Supervisor Councilpersons, Town Clerk, Town Justices is set at a five day work week @ six hours per day.
Superintendent of Highways and appointed highway workers is set at five day work week @ an eight hour day. All other appointed officials with be set at five day work week , six hour day.
ORPS Equalization:
Supervisor Pero acknowledged receipt of memorandum of understanding with NYS ORPS and stated he would not sign the MOU. Councilman Kujawinski inquired if the decision was a board decision ? yes. Pero informed the board members of a meeting he attended, where ORPS was represented and attendance at a meeting with other supervisors since that time, and read a letter which was sent by three board members ordering the assessor to stop the reassessment. Discussion followed.
Pero ? Fullone motioned to suspend # 7 of the Rules of Procedure:
W. Henry spoke ? gave board members a list from ORPS site showing median sales and no increase in Erie County, K. Ritz reminded the members that there is a current contract with ORPS, and questioned the authority of the letter to the assessor. Discussion followed.
Supervisor Pero moved for adoption of the following 080513-178, seconded by Councilman Turner. Pero-aye, Turner-aye, Gier-aye, Fullone -aye; nay Kujawinski. 4 ayes, 1 nay
080513-178: RESOLVED: To table signing of 2009 Memorandum of Understanding with NYSORPS
COMMITTEE REPORTS:
Employee Benefits: Gier reported that figures were distributed for Part A & B Medicaid for eligible employees.
Energy Committee Report:
Bill Henry reported on moving forward with Energy Fair and Highway Solar Project and different concerns in Western New York.
Giambrone:
Reported that the 1995 truck needs tank - estimate $1,268.00 from International.
Supervisor Pero moved for adoption of the following 179, seconded by Councilman Fullone. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
179: RESOLVED: to approve Highway purchase for 1995 truck tank from International approximate $1,268.00
Air tanks need replacement with one over $600.00, and one under.
Town Hall Committee: Comm. will be meeting Monday June 2nd and had two meetings in April.
Police Commissioner:
Pero reported that he has received complaints - if any officers are on duty.
Pero ??- motioned to suspend # 7 of the Rules of Procedure:
T. Kobel complained of no response after a report of shots fired near his home. Felschow to look into matter and will get back to Kobel.
Discussion followed as to procedure to follow for emergency calls.
Police schedule: will be available to board members shortly. Pero as commissioner wants to approve schedule. Felschow ? board can receive schedule but he does scheduling. Discussion followed concerning duties for Police Commissioner in Brant ? Grennell asked what duties were set when appointment made ? board response ? no duties were set.
TOWN BOARD REPORTS:
Turner - Picnic tables at park are in need of stripping and painting
Gier ? Discussion of request for cell phone for CEO and Police office needs new phone line for breathalyzer.
Councilwoman Turner excused herself from meeting.
Kujawinski: Reminder of American Red Cross Blood Bank on Thursday May 15th in North Collins. Clarified that he voted against senior representatives signing pre pay contracts for town monies, Pero said he talked to company in question and no pre pay required anymore.
Kujawinski also referred to # 7 of the Rules of Procedure: spoke that M. Rosiek informed board members of his intent not to attend meetings do to this rule which inhibits his free speech.
Requested that the Board members authorize which claims shall be prepaid vouchers and include in the Procurement Policy and Organizational Minutes each year.
Councilman Kujawinski moved for adoption of the following 081503-180, seconded by Supervisor Pero. A roll call vote was taken: Kujawinski-aye, Pero-aye, Fullone-aye, Gier?aye, 4ayes, 0 nays
081503-180 RESOLVED: Allow the following claims to be paid prior to audit, and to be noted in the procurement policy : Court Fines - Office of State Comptroller, Town Crier/ SUN legal publications, Crystal Rock ? water, National Grid (Electric Bills), National Fuel (Heating Bills), R.O. Proper (Gas for highway and police), Independent Health, Disability Insurance, Delta Dental (Insurance premiums), Computer Search Corp (Payroll) , Verizon Wireless (cell phones), Copier Fax, Grant Consultant-Miner & Audit- Gryska, Westfield Disposal , American Rock Salt, Serial Bond (USDA Rural development).
Pero:
Councilman Kujawinski moved for adoption of the following 080513-181, seconded by Councilman Gier. A roll call vote was taken: Kujawinski-aye, Gier?aye, Fullone-aye, Pero-aye. 4 ayes, 0 nays
080513-181 RESOLVED: Authorize Supervisor Pero to sign contract for 2007 & 2008 dispatch services from Town of Evans
Pero: correspondence & meetings
CHIPS report concerning $35,000.00 available
2009 CDBG will be renewed soon
Received Quality Water report form Erie County Water Authority
Correspondence from Mayor of North Collins concerning race track on Vermont St, discussion followed.
Letter from Terry Caber to Chief Felschow
Resolutions from other municipalities including: support for UB 20/20 program, text messaging while driving.
Traffic Incident Command from Calhoun @ county
Announced Hazardous drop off.
Councilman Gier moved for adoption of the following 080513-182, seconded by Councilman Kujawinski. Roll Call Vote: Gier ? aye, Kujawinski- aye, Pero-aye, Fullone-aye. 4 Ayes, 0 Nays, 0 Abstains
080513-182 RESOLVED TO APPROVE THE FOLLOWING ABSTRACT 5 0F 2008 FOR PAYMENT
General Fund Town wide Vouchers: pre paid #133-141 to be paid 142-170 Totaling: $19,855.37
General Fund Part Town Vouchers: #8-10 to be paid Totaling: $ 11,037.50
Highway Town wide Vouchers: pre paid #45-46 to be paid 47-56 Totaling: $2,963.79
Highway Part Town Vouchers:
pre paid #7
to be paid #8-10
Totaling: $ 8,331.31
Street lighting Voucher:
pre paid 5
Totaling: $2,356.75
General Town wide Payroll-ending 4/26/08
Totaling: $25,195.90
General Part Town Payroll ending 4/26/08 Totaling; $ 554.40
Highway Payroll Town wide ending 4/26/08 Totaling: $3,682.65
Highway Payroll Part Town ending 4/26/08 Totaling: $33,207.15
Official Record for Minutes:
Privilege of the Floor ?
Pero / Fullone to suspend rule # 7
Debra Ritz addressed the Board concerning Privilege of the Floor (rule #7).
D. Ritz requested an apology from Turner concerning her comments last month, and requested that if the Board is asking for civility (rule #7) and respect then it should be reciprocated.
Councilman Fullone moved for adoption of the following 183, seconded by Councilman Fullone. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
183 RESOLVED: TO ADJOURN THE MAY 13TH, 2008 MEETING OF THE BRANT TOWN BOARD AT 10:50 PM
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
