Report of the Special Meeting of the Brant Town Board held on Friday August 22, 2008 at 6:00 PM, 1294 Brant NC Rd, Brant, New York at the Brant Town Hall.

ATTENDANCE: 
Supervisor Leonard Pero, Councilwoman Roseann Turner, Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Councilman Vincent Fullone
Thea A. Ells, Town Clerk, John Grennell, Town Attorney.
Signed in Attendance: 
Rosemarie DeMaria, Loretta Giambrone, Michele Kujawinski, Bill Wesp, Charles Arrigo, Dan Rott, Geri Depovelo, Bob Depovalo, Lee Brunelli, Kirk Ritz, Barb Ritz, Deb Ritz, Rick Dole, Joe Pinker, Tim Kobel, Christine Gierlinger, David Gierlinger, Ron Friend, Mike Green, Joe Giambrone, Joyce Ellis.

Thea Ells verified that all Board members notified and this meeting was posted at the Town Hall and web site, and SUN notified (SUN published legal notice)

The meeting was called to order by Supervisor Pero at 6:00 PM with a pledge to the flag.	

Supervisor Pero moved for adoption of the following 260, seconded by Councilman Fullone. Pero, Gier, Turner, Fullone, Kujawinski 5 ayes: 0 nays 
260: RESOLVED: TO SET NEXT MEETING DATE FOR SEPTEMBER ON TUESDAY SEPTEMBER 16TH AT 7:00 PM WORKSHOP AND 7:30 MONTHLY BOARD MEETING DUE TO PRIMARY DAY AND COURT USE OF TOWN HALL ON ALTERNATE DAYS. 

Councilman Turner moved for adoption of the following 261, seconded by Councilman Fullone. Roll Call Vote: Turner ? aye, Fullone ? aye, Kujawinski- nay, Gier ? nay, Pero-aye,. 3 Ayes, 2 Nays 0 Abstains
080822-261: RESOLVED: BRANT TOWN BOARD WILL CONDUCT A PUBLIC HEARING ON TUESDAY SEPTEMBER 16TH @ 8:00 PM PERTAINING TO TOWN OF BRANT ASSESSORS DEPARTMENT AND JOINING BRANT ASSESSMENT DEPARTMENT WITH TOWN OF EVANS AND TOWN OF NORTH COLLINS ? ERIE COUNTY COORDINATED ASSESSMENT PROGRAM (?CAP?) UNDER NYS REAL PROPERTY TAX LAW 579
Councilman Kujawinski questioned if the Assessor from Evans would be present ? his no vote was because he had no information on this subject to be prepared for a public hearing. Kujawinski inquired if it was better to wait till the grievances being heard in small claims was resolved, and the board had more information.  Pero stated the public hearing is to bring this all out. Kujawinski clarified that he was not on the board when the assessor?s dept went to one assessor, as Pero had stated. Turner stated that no decisions will be made at public hearing meeting. 

Supervisor Pero made the following motion 262 to eliminate the police chief full and part time position from the town of Brant civil service roster seconded by Councilman Turner - Councilman Gier asked for discussion. 
Gier asked who would be in charge of the officers.  Pero stated the sheriffs? 
will supervise ? he referred to Chief Felschow comments which was that if it is needed the officer on duty makes decisions, Pero said the sheriffs? watch commander will take care of issues with officers on duty. Pero stated he is not running the department only scheduling and the records as Police Commissioner. Kujawinski is totaling for maintaining the department with a chief and expressed his concern for behind closed doors discussions and issues which should be made with consideration to public input. He questioned figures presented for sheriffs? patrols cost. Kujawinski expressed concern with the board going through the process of hiring a chief and know this step which could lead to legal issues. Kujawinski went on to express concern with sheriffs and the need to present a detailed proposal which would be presented to their union then the legislature and the county executive for review, these steps would take us into next year. Fullone stated the Police Commissioner could do the job. Kujawinski stated concerns over police commissioner job being fulfilled by Pero which as Parks Commissioner things were not being done nor shared with the board members so the same could occur in police supervision. Pero said not the time for that discussion. 
Kujawinski stated his concern over the Supervisor receiving complaints from someone before the last meeting and not sharing with the rest of the board ? they read about it in a letter in the SUN.  Pero stated correspondence (e-mail) wasn?t signed and therefore went in the garbage, but he investigated with the recreation director, and found nothing wrong and has received many compliments of the program, this year, many from Evans were happy with it.  Pero asked that the person who wrote letter should come forward to him.
Gier stated that many mistakes have been made with the Chief?s position and he acknowledges that and his part but know we have a qualified person doing the job and prepared to continue, and midstream it?s being changed, he stated his concern for the board taking this step. 
Fullone stated concerns with state cuts and that board needs to be prepared and cut the back budget, we save $36,000.00 and then we save FICA, workers? comp., vacation, health insurance, plus we?ll get rid of Evans dispatch and save $2,500.00 and get rid of the dog for another $3,000.00. We?re going to save money and we might not go with sheriffs? and police commissioner will do the work.  Fullone and Turner were responding to residents in attendance Pero asked for vote ? there was a lot of talking. Officer Michael Green came forward and asked for quiet and addressed Supervisor Pero, asking who is in charge over him. Pero and Turner said Pero and sheriffs? and Green stated the sheriffs? will not supervise him due to union concerns.  Rose Marie DeMaria was acknowledged and asked why the supervisor not going forward with progress and would want to go back to the way it was in the 70?s. People were commenting concern over change and Pero said department wasn?t going to change and we would be discussing police/ sheriffs?? issue at another time. Pero stated they would be asking for a dedicated car in Brant. Pero read part of correspondence from Sheriff Howard, ?That the ESCO dispatcher continue to assign complaint numbers to service calls assigned to T/Brant personnel. Dispatch protocols would have to be discussed, such as agency policies, regarding high speed pursuits. It should be noted that dispatchers are not supervisors and therefore they do not issue orders or directives to your personnel, However dispatch protocols would provide guideline to policies to follow to resolve conflicts. Furthermore until such a time as a more permanent resolution is determined, I would suggest that your personnel be instructed to turn over to the ECSO any investigations, arrests, accidents, or incidents that require mandatory reports. As a short term solution your residents will continue to receive a more timely response [ provided by T/Brant personnel) ] than might be provided by the ESCO, while allowing the T/Brant to avoid the administrative review, forwarding and retention that we already provide our personnel.? Clerks note: [ bracketed ] text was verbally omitted during the reading of the letter.  
Green addressed the board with concern of back up while on the road, and disappointment that many problems have arisen due to one individual on the force.  Many residents expressed their concern over who was to run the department, cost of sheriffs?, response time and liability to town. Pero stated deadline with civil service is past, and they can?t appoint Chief at this time. 
 Fullone stated that we can always reverse decision and have a Chief. 

 Supervisor Pero moved for adoption of the following 262, seconded by Councilman Turner. Roll Call Vote: Pero-aye, Turner ? aye, Kujawinski- nay, Gier ? nay, Fullone ? aye, 3 Ayes, 2 Nays 0 Abstains
080822-262: RESOLVED: TO ELIMINATE THE POLICE CHIEF FULL AND PART TIME POSITION FROM THE TOWN OF BRANT CIVIL SERVICE ROSTER 

Supervisor Pero moved for adoption of 263 to remove officer Brain Kauzala from the part time officer roster to the police attendee part time list due to injury, Discussion followed and Pero stated civil service was requiring him to remove Kauzala from list, many spoke against and Officer Michael Green stated he was resigning from the Brant Police Force. the following 263, seconded by Councilman Turner. Roll Call Vote: Pero-aye, Turner ? aye, Kujawinski- abstain, Gier ? nay, Fullone ? aye, 3 Ayes, 1 Nays 1 Abstains
RESCINDED 080822-263: RESOLVED: TO REMOVE OFFICER BRAIN KAUZALA FROM THE PART TIME OFFICER ROSTER TO THE POLICE ATTENDEE PART TIME LIST DUE TO INJURY ? 

Councilman Turner moved for adoption of the following 264, seconded by Supervisor Pero. Roll Call Vote: Turner ? aye, Pero-aye, Kujawinski- nay, Gier ? nay, Fullone ? aye,. 3 Ayes, 2 Nays 0 Abstains
080822-264: RESOLVED: TO APPOINT JOE ALLESSI AS A PART TIME POLICE OFFICER 
Turner stated this was just until Kauzala could return to active duty. Pero stated the need for removal of Kauzala due to number of spots on list. 

Supervisor Pero moved for adoption of the following 265, seconded by Councilman Turner. 4 ayes: Pero, Turner, Gier, Kujawinski 0 nays
080822-265: RESOLVED: TO RESCIND THE AFOREMENTIONED 082208-262 MOTION CONCERNING REMOVAL OF KAUZALA FROM PART TIME OFFICER ROSTER

Councilman Kujawinski moved for adoption of the following 266, seconded by Councilman Gier. TO RESCIND THE APPOINTMENT OF SUPERVISOR PERO AS POLICE COMMISSIONER:  Roll Call Vote: Kujawinski- aye, Gier ? aye,  Turner ? nay, Fullone ? nay,. Pero-nay, 2 Ayes, 3 Nays 0 Abstains
266: FAILED TO PASS

 Councilman Turner moved for adoption of the following 267, seconded by Supervisor Pero.  5 ayes: Pero, Turner, Gier, Kujawinski, Fullone 0 nays
267 RESOLVED: TO ADJOURN THE AUGUST 22nd, 2008 SPECIAL MEETING OF THE BRANT TOWN BOARD AT 6:35PM

Respectfully submitted,

Thea A. Ells, Brant Town Clerk