Minutes: Town Board Meeting Tuesday April 14th, 2009, at 7:30 PM, -Brant Town Hall.
Present: Supervisor Leonard Pero, Councilman Roseann Turner, Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Councilman Vincent Fullone, Attorney John Grennell, Recording Secretary: Town Clerk Thea Ells
Record of Sign In: Lee Brunelli, Joseph Giambrone, Charles Arrigo, Brian Rott, George Cordia Jr., Debra Ritz, Joseph Gardyjan, Chad Kaczmarek, Brian Campbell, Paul Schlegel, Ron Kobel, Janet Bowman, John Arrigo, Tim Kobel
Clerks note: Town Board members met with CRA for a informational meeting on the Water Project
Workshop was held before meeting and was attended by all board members at 7:00 pm. The workshop included representatives from CRA who reviewed the Wind Energy Project Survey results with the Board members.
The meeting was called to order by Supervisor Pero at 7:30 PM with a pledge to the flag.
Councilman Gier moved for adoption of the following motion #142, seconded by Councilman Fullone: 5 ayes: Pero, Turner, Kujawinski, Gier, Fullone. 0 nays
# 142: RESOLVED: TOWN BOARD MEETING MINUTES FROM MARCH 10 MEETING ARE APPROVED AS PRESENTED with correction verified
Councilman Gier moved for the adoption of following motion #143, seconded by Councilman Turner. Pero, Kujawinski, Tuner, Gier, Fullone 5 ayes: 0 nays
#143: RESOLVED SUPERVISORS FEBRUARY 2009 FINANCIAL REPORT IS APPROVED AS PRESENTED
Councilman Gier moved for adoption of the following motion #144, seconded by Councilman Kujawinski: 5 ayes: Pero, Turner, Kujawinski, Gier, Fullone. 0 nays
#144 RESOLVED: TOWN CLERK?S FEBRUARY 2009 & MARCH TAX COLLECTION FINANCIAL RECONCILIATION REPORTS BE ACCEPTED AS PRESENTED
Councilman Gier moved for adoption of the following motion #145, seconded by Councilman Fullone. 5 ayes: Pero, Turner, Kujawinski Gier. 0 nays
#145: RESOLVED: FEBRUARY 2009 JUSTICE GUGINO & JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED
Gary Brecker CEO read his report and board had discussion concerning LSYF concession stand, Pero spoke about a new location near the pump house & baseball field w/ a picket fence, Gier and Kujawinski questioned a site plan, electric issues, septic and water, insurance to cover workers, agreement needed with LSYF. Chad Kaczmarek answered that he spoke with someone at the electric company about a transformer at the site. Attorney will work on contract. Discussion included water line location.
Councilman Turner moved for adoption of the following motion #146, seconded by Councilman Fullone 5 ayes: Pero, Gier, Turner, Kujawinski, 0 nay
#146 RESOLVED: MARCH 2009 CODE ENFORCEMENT OFFICER REPORT AS PRESENTED
Board acknowledged receipt of letter from William Easterling- all members will review.
Councilman Turner moved for adoption of the following #147, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Kujawinski, Turner, Fullone 0 abstain
#147: RESOLVED: MARCH 2009 DOG CONTROL OFFICER?S ACTIVITY REPORT AS PRESENTED
Councilman Turner moved for adoption of the following #148, seconded by Supervisor Pero. Discussion of amount of tickets on Route 5 and overflow of parking on court nights. 4 ayes: Pero, Turner, Kujawinski, Fullone. 1 abstain Gier.
#148: RESOLVED: MARCH 2009 POLICE ACTIVITY REPORT BE ACCEPTED AS PRESENTED
Councilman Kujawinski moved for adoption of the following #149, seconded by Councilman Gier. 5 ayes: Pero Gier, Kujawinski, Turner. O nays
#149: RESOLVED: MARCH TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED AS PRESENTED
Councilman Gier moved for adoption of the following #150, seconded by Councilman Turner. 5 ayes: Pero Gier, Kujawinski, Turner. O nays
#150: RESOLVED: MARCH PLANNING BOARD REPORT TO THE BOARD BE ACCEPTED AS PRESENTED
Acknowledgement of Dignitaries and Invited Guests:
Supervisor Pero asked the Board to acknowledge Chris Topolski from Victor Liberator Time Systems with a presentation to the Board. He presented a sample machine which will be hooked to computer and use a hand stamp, can use workgroup for multi department employees. All times schedules can be programmed and hours tracked. Clerk asked that she will still be able to be accountable to approve her clerks? hours. The system will have two user availability for accountability, etc., and maintenance of approx. $400.00 per year. Clerk inquired where monies were to be coded from, answer- building equipment ? will need money transferred.
Supervisor Pero moved for adoption of the following motion #151, seconded by Councilman Fullone. Roll Call Vote: Fullone- aye, Gier ? aye, Turner- aye, Kujawinski- aye, 0 nays
#151 RESOLVED: to purchase a time stamp (time clock) from Victor Liberator for $3,123.00 with maintenance included for first year.
Bids for Highway Salt Shed:
Three bids received for steel roofing: 1) Strictly Steel - $6,873.70, Aspen Construction - $7,875.00, JC Construction $ 6,600. Board discussed if gauge of steel was same for all bids.
Supervisor Pero moved for adoption of the following motion #152, seconded by Councilman Fullone. Roll Call Vote: Pero ? aye, Fullone- aye, Gier ? aye, Turner- aye, Kujawinski- aye, 0 nays
#152 RESOLVED: AWARD BID TO FOR SALT SHED ROOF TO JC CONSTRUCTION ON THE CONDITION THAT THE GAUGE WHICH IS NOT SPECIFIED IN BID IS CORRECT AND INSURANCE CERTIFICATE IS RECEIVED FOR $6,600.00
OLD BUSINESS:
Adopt Police SOP:
Board members reviewed a preface to be placed in front of SOP and there was discussion of omitting paragraph three and four. Discussion included: positions given to officers ? all are part time officers- should have no titles such as investigator, etc and concern of expense of copies when it should available CD. Pero asked that these SOP?s be approved and it can be amended later. Some discussion concerning the need or not of a Chief of Police, and if there
Some discussion concerning the need or not of a Chief of Police and if there are current SOP?s that are still valid. Supervisor asked for this to be passed same as laws in code - pass now amend later.
Supervisor Pero moved for adoption of the following motion #153, seconded by Councilman Fullone. Roll Call Vote: Pero ? aye, Fullone- aye, Kujawinski- nay, Gier ? nay, Turner- aye, 3 ayes, 2 nays
#153 RESOLVED: TO ADOPT STANDARD OPERATING PROCEDURES PRESENTED TO BOARD WITH PREFACE ADDED OMITTING PARAGRAPH THREE AND FOUR AND THIS SOP SUPERSEDES ANY AND ALL PRIOR SOP?S.
INTERMUNICIPAL AGREEMENTS WITH REGIONAL WATER PROGRAM
Councilman Gier moved for adoption of the following motion #154, seconded by Councilman Fullone. Roll Call Vote: Gier ? aye, Fullone- aye, Kujawinski- aye, Turner- aye, Pero ? aye, 5 ayes, 0 nays
RESOLVED 154:
Whereas the Town Board of the Town of Brant received a final version of a six(6) Community Inter- municipal; Agreement between the Town of Brant and Towns of Eden , Collins, North Collins and the Villages of Angola and North Collins and
Whereas this inter municipal agreement pertains to an approximately 2 year long NYS Shared Municipal Services Incentive (SMSI) Grant for the study of a solution to regional water supply concerns of the above 6 communities; and
Whereas the Town of Brant was a participant in the SMSI Grant and worked cooperatively with the other 5 communities in the SMSI grant study project to consider regional water supply issues; and
Whereas the Town of Brant wishes to continue working cooperatively with the other 5 communities based upon the conditions of the 6 Communities Inter Municipal Agreement and
Whereas the Town of Brant Town Attorney has reviewed conditions of this Inter-Municipal Agreement and finds it reasonable and beneficial to the Town and recommends its being accepted by the Brant Town Board
Now therefore be it resolved that the Supervisor, on behalf of the Town Board of Brant is authorized to sign the six (6) Community Inter-Municipal Agreement
Commercial Vehicles
The public hearing scheduled at the March meeting for April 14th @ 8:00 PM had to be tabled as the planning board is still reviewing possible changes to the presented law.
NEW BUSINESS:
Grounds Maintenance
Bid request advertisement will be advertised for a bid opening of sealed bids on May 4 at 3:00 PM, using the specifications on hand and add: Bids shall include an hourly rate for work performed outside the scope of the outlined duties.
Supervisor Pero moved for adoption of the following motion #155, seconded by Councilman Kujawinski. Roll Call Vote: Pero ? aye, Kujawinski- aye, Fullone- aye, Gier ? aye, Turner- aye, 5 ayes, 0 nays
RESOLVED 155: TO ADVERTISE FOR SEALED BID REQUESTS FOR GROUNDS MAINTENANCE FOR TOWN OF BRANT GROUNDS & TOWN HALL SNOW SHOVELING WITH BIDS TO BE OPENED ON MONDAY MAY 4TH AT 3:00 PM. WILL BE ADVERTISED IN THE SUN AND ON LINE WITH SPECIFICATIONS.
Board had discussion concerning highway work (payroll) in the park, Gier stated the Town should be dividing hours out of highway and code from Park.
Health Insurance:
Board members reviewed the contract from Independent Health which included an increase which is covered by employee.
Councilman Gier moved for adoption of the following motion #156, seconded by Councilman Turner. Roll Call Vote: Pero ? aye, Kujawinski- aye, Fullone- aye, Gier ? aye, Turner- aye, 5 ayes, 0 nays
RESOLVED 156: TO AUTHORIZE THE SUPERVIOSR TO SIGN CONTRACT WITH INDEPENDENT HEALTH
Reapprove Appointments
The following appointments need to be made as oaths have not been taken or were not taken within the thirty day required period according to the Town Clerks records
Supervisor Pero moved for adoption of the following motion #157, seconded by Councilman Kujawinski. Roll Call Vote: Pero ? aye, Kujawinski- aye, Fullone- aye, Gier ? aye, Turner- aye, 5 ayes, 0 nays
RESOLVED 157: to reappoint the following people to the following positions on April 14th and oaths will be taken before May 14th, 2009.
Clerk has left reference numbers same as in organizational minutes. Exception #60 one year removed, as no term is designated in the Brant Code Book.
#17 - Appointment of clerks to the justice per recommendation of Judges to justice court: clerk Michele Browning @10.70 per hr for court nights
#20 - Appointment of Secretary to Supervisor/bookkeeper per recommendation of Supervisor, Michele Browning for a one year term @ 3.88 per hour with a cap of $21,653.00. (30 hours per week).
#26 - appointment of Board of Review member JAMES HOOGE for a term of 5 years from 10/1/08 to 9/30/13 @ $75.00 annually (Appointment Oct 08)
#28 - Appointment of Secretary to the Board of Review Michele Browning for a one year term @ $ 9.45 per hour.
#42 - appointment of Deputy Highway Superintendent per recommendation of highway superintendent, Bill Wesp for a one year term @ $18.23 PER HR
#50 - appointment of Zoning Board of Appeals member Donald Clark for a new term end on 12/31/13
#51 - appointment of Zoning Board of Appeals John J. Chiavetta for a one year term.
#52 - appointment of Zoning Board of Appeals Chairman Donald Clark for a one year term
#53 - appointment of a Planning Board member Jamie Solecki for a new term thru 12-31-15
#54 - RESOLVED: appointment of alternate planning Board member Norm Dotzler for a one year term.
#56 - Appointment of Planning Board Chairman Joseph Gardyjan for a one year
#60 - Appointment of Board of Ethics, Barb Daniel, Frank Gugino, & Carmen Vacco.
Civil Service positions:
Need to approve for the anticipation of five new positions for PT police officer- non competitive. Board had discussion of how many we have now: (12) on roster. Some officers are out on sick or injured and we need to have positions to have available for covering hours. Pero said he did not anticipate hiring anyone at this time though. Civil Service is very hard to work with according to Pero. Discussion that Pero had put some officers into the position of part time attendee sub which is not a position for an officer. Questions concerning the number of officers on duty at a time, and reassurance that we are not going over the budget for officers.
Councilman Turner moved for adoption of the following motion #158, seconded by Supervisor Pero. Roll Call Vote: Turner- aye, Pero ? aye, Fullone- aye, Gier ? nay, Kujawinski- aye, 4 ayes, 1 nays
RESOLVED 158: AUTHORIZE THE SUPERVISOR TO COMPLETE PAPER WORK WITH CIVIL SERVICE FOR THE ADDITION OF FIVE PART TIME POLICE OFFICER NON COMPETITIVE POSITIONS TO THE TOWN OF BRANT CIVIL SERVICE ROSTER. TOTAL ROSTER POSITIONS WILL NOW BE 17.
Review Recreation fees:
Discussion concerning fees last few years and costs of running program ?
Estimations discussed, hours and regulations were discussed. Board members Gier and Turner did not want to increase residents but felt non residents should be increased so as not to burden the taxpayers of Brant.
Councilman Turner moved for adoption of the following motion #159, seconded by Councilman Gier. Roll Call Vote: Turner- aye, Gier ? aye, Pero ? aye, Fullone- aye, Kujawinski- aye, 5 ayes, 0 nays
RESOLVED 159: RECREATION FEE WILL BE: RESIDENTS ONE CHILD: $65.00, SECOND CHILD: $50.00, THIRD CHILD: $40.00 WITH A CAP OF $215.00 FOR FOUR. NON RESIDENTS: $100.00 ONE CHILD, SECOND CHILD $85.00, $75.00 THIRD WITH A CAP OF $215.00 FOR FOUR OR MORE. $40.00 FOR BUS PICK UP.
Supervisor Pero read a Proclamation for ABATE Motorcycle Awareness Month
Supervisor Pero moved for adoption of the Proclamation #160, seconded by Councilman Gier 5 ayes: Pero, Gier, Turner, Kujawinski, 0 nays
Association Erie County Government dues
Councilman Gier moved for adoption of the following motion #161, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Turner, Kujawinski, 0 nays
RESOLVED 161: AUTHORIZE PAYMENT TO ASSOCIATION ERIE COUNTY GOVERNMENT FOR ANNUAL DUES IN THE AMOUNT OF $175.00.
General Code
Discussion of report from Clerks Office concerning E-Code and increases.
Clerk asking Board to mark increase for budget preparation. E-Code was first made available to Town through a records management grant.
Councilman Gier moved for adoption of the following motion #162, seconded by Supervisor Pero. Roll Call Vote: Gier ? aye, Pero ? aye, Fullone- aye, Turner- aye, Kujawinski- aye. 5 ayes, 0 nays
RESOLVED 162: AUTHORIZE PAYMENT TO GENERAL CODE FOR ANNUAL E-CODE SERVICES THIS YEAR IN THE AMOUNT OF $550.00 AND ACKNOWLEDGING INCREASES IN FOLLOWING YEARS. $ 865.00 IN 2010; $1,195.00 IN 2011.
Brant Summer Fest Tractor Pull Request
Discussion of area where tractor pull would be held, insurance coverage for Town, tractor organization insurance. Supervisor read from letter from Town?s Insurance Provider regarding the Tractor Pull request. Surmised the Town?s Policy would not cover competitions that include wheels. Which would include ?organized or sponsored racing or stunting involving wheeled vehicles including skateboards or rollerblades? as noted in the letter. Discussion continued regarding the Town?s liability. The Board resolved to table further discussion on this request until their next Town Board meeting in May.
NEW BUSINESS
Councilman Kujawinski brought forth discussion regarding the March 13th meeting wherein the Comptroller?s audit was released. He acknowledged the steps the Board was currently taking to comply with the recommendations made. At this time, he submitted a motion to the Town Board to direct the Town Attorney to commence a civil action seeking restitution from Officer #1 for overstated hours as mentioned in the audit. The Councilman calculated the overstated hours to be approximately 82.5 translating to approximately two to three thousand dollars, according to Mr. Kujawinski. He then stated this action would allow the Officer a chance clear up the matter. He added that the second option he would reluctantly suggest is criminal charges with the District Attorney. Supervisor Pero responded that the Officer in question was salaried with no required hours set. He continued that the Comptroller?s Office told him that if any formal charges were going to be filed, they would do it, which Pero added have yet to be filed. Councilman Kujawinski then added that he spoke with the Investigator who informed him the case was still open. He then explained we are limited on time for filing.
Attorney Grennell spoke that he knew of no time limits for filing the claim.
Councilman Kujawinski moved for adoption of the following motion #163,
Supervisor asked for a second to the motion. Councilman Gier seconded the motion. Roll Call vote: Kujawinski ? aye, Gier ? aye, Pero ? Nay, Turner ? nay, Fullone ? aye. 3 ayes, 2 nays.
RESOLVED 163: That the Brant Town Board direct the Brant Town Attorney to initiate a civil complaint against Officer #1 based on information contained in the State of New York Office of the State Comptroller?s report ?Town of Brant, Internal Controls Over Police Department Operations May 1, 2006 ? December 31, 2007? released on Friday, March 13, 2009, and to seek appropriate restitution/reimbursement to the Town of Brant.
Reports of Committees and Town Board Reports: Project updates:
New Town Hall Committee: met April 13, discussion about location, majority wanted Town Park. Next mtg. tentatively May 11, 2009
Highway Committee: Kujawinski & Gier Decals arrived (50 black/50 white) Park Expansion: Supervisor Pero reported that he and Councilman Turner attended a Union meeting and presented Local 17 with plaque and thanked them for all their work, questions as to why all board members were not included.
Solar Energy ? Pero presented plaque to Solar Liberty for solar panels on Highway Garage
Refuse and Street lighting ? light works off and on at back of park and front one still out ? Town Clerk called in.
Time Clocks: Fullone ? Libetour ? Talked about with Vince Fullone
Sherriff?s Department liaison will attend our next meeting
Fire Dispatch ? Fullone was present at meeting concerning dispatch issues with North Collins and Brant
Memorial Park ? Memorial Day May 25th Pero requested tree to be planted in honor of past Highway Superintendents who did Park work: Joe Muscato, Hermie Muscato and Billy Giambrone ? Also put a plaque up for Herman Ciminesi for his work on Park
Highway Superintendent reported road work to be done and CHIPs dollars to be used
Portable building donation ? Pero updated that buildings are 37 by 23 and they would be trucked here no charge and put up for police offices at town hall and one for recreation at park ? possible donation at this time
Pero read an excerpt for a pledge for energy conservation submitted from an e-mail town clerk received
Supervisor Pero moved for adoption of the following motion #164, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski, 0 nays
RESOLVED 164: WHEREAS, the Town of Brant (hereinafter "local government") believes that climate change poses a real and increasing threat to our local and global environments which is primarily due to the burning of fossil fuels; and
WHEREAS, the effects of climate change will endanger our infrastructure, economy and livelihoods; harm our farms, orchards, ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and
WHEREAS, we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy-independent and secure communities, vibrant innovation economies, healthy and safe schools, and resilient infrastructures; and
WHEREAS, we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require sustained and substantial efforts; and
WHEREAS, we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to the effects of climate change for decades to come,
IT IS HEREBY RESOLVED that Town of Brant, in order to reduce greenhouse gas emissions and adapt to a changing climate will Pledge to Combat Climate Change by Becoming a Climate Smart Community
Supervisor Pero read (the following is an excerpted Version TAE)
A RESOLUTION TO BE SUBMITTED BY LEGISLATOR REYNOLDS RE: Requesting that the County Attorney draft a local law amending certain provisions of the Erie County Tax Act
WHEREAS, the Distressed Real Property Task Force (DRPTF) was established?
WHEREAS, the City of Buffalo has used one year and the experience has been positive and resulted in the City being able to address potential problems in a more timely manner; and
Erie County Tax Code should be amended to include a definition of the terms ?owner-occupied residential property and ?vacant or abandoned residential property?; and
RESOLVED, that the Erie County Legislature direct the County Attorney to conduct a review of the Erie County Tax Act and make the necessary recommendations for development of an appropriate Local Law to amend the Tax Act to shorten the redemption period to one year under Articles 7, 8, 9, and 11 and other relevant portions of the Erie County Tax Act providing for the foreclosure of Tax Certificate, Tax Lien or sale by Deed, and be it further
RESOLVED, that the County Attorney also conduct an article by article review of the same Tax Act to make any other changes relevant to support of the shortening of this time frame to a period of one year, as well as a review of any other relevant language pertaining to departmental titles, job titles and other outdated sections of the Act, and be it further
RESOLVED, that the County Attorney be directed to establish a distinguishing definition of ?owner ? occupied? homes in financial distress, as opposed to ?vacant or abandoned? properties in the same distress, to provide any and all remedies available to such homeowners to make foreclosure the option of last resort, including but not limited to a stay of enforcement where an agreement allowing partial payments is in effect and not in default of the terms there under; and be it further
Supervisor Pero moved for adoption of the following #165, seconded by Councilman Fullone. Roll Call vote: Pero ? aye, Fullone ? aye, Kujawinski ? aye, Gier ? aye, Turner ? aye. 5 ayes, 0 nays.
#166: RESOLVED: BRANT TOWN BOARD NOT BE FOR THE RESOLUTION THAT IS SUBMITTED BY LEGISLATURE REYNOLDS CONCERNING ONE YEAR TAX FORECLOSURE
Pero read:
letter from resident (Matthews) concerning assessment and tax rate concerning Town and New York
letter concerning NY Census
Comments and concerns made from audience and board concerning assessments, taxes, officer #1, and town issues.
Pero read letter from (R. Mason) concerning wind energy survey and various other correspondence.
Pero reported attendance at 23 meetings in March
Councilman Gier moved for adoption of the following #167, Councilman Kujawinski commented that we need to review what we are spending for tech services seconded by Councilman Fullone. Roll Call Vote: Gier ? aye, Fullone ? aye, Pero-aye, Kujawinski- aye, Turner- aye 5 Ayes, 0 Nays, 0 Abstains
# 167 RESOLVED TO APPROVE ABSTRACT 4 0F 2009 FOR PAYMENT
Abstract 4 0f 2009
Prepaid and unpaid as of April 13, 2009
General Fund Town wide Vouchers prepaid 99-109/Unpaid 110-142 / Totaling: $15,353.48
General Fund ? Part Town No Pre Paid / Paid 11-10 Totaling: $11,709.39
Highway Fund T.W. Vouchers prepaid 29-31/Unpaid 32-41 Totaling: $4,225.51 deleted 42 &43
Highway Part Town Vouchers: prepaid: None / Unpaid 4-7 Totaling: $6,202.87
Street lighting ? Voucher #3 paid Totaling $2,114.28
Lotus Bay Sewer ? Voucher #1 Unpaid Totaling: $600.00
Brant Water District 1 ? Voucher #2 prepaid Totaling: $15,510.00
Highway Payroll PT 3/1 to 3/28/09 Totaling: $0
Highway Payroll TW 3/1 to 3/28/09Totaling: $8,116.98
General Town wide Payroll 3/1 to 3/28/09 Totaling $25,897.67
General Part Town Payroll 3/1 to 3/28/09 Totaling $554.40
Please Note: Vouchers denied: None
Recognized Privilege of the Floor: None rec?d
Councilman Turner moved for adoption of the following #168, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Kujawinski, Fullone, Turner 0 nays
#168 RESOLVED: TO ADJOURN THE APRIL 14, MEETING OF THE BRANT TOWN BOARD AT 10:12 PM
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
