Minutes: Town Board Meeting Tuesday November 9, 2010 and Public Hearing/Budget & Proposed Local Law #3 at 7:30 PM, Brant Town Hall
Present: Supervisor Leonard Pero, Councilman Vincent Fullone, Councilman Clark Borngraber, Councilman Daniel Kujawinski, Attorney William J. Trask Sr., Town Clerk Thea A. Ells. Absent: Councilman Jeffrey Gier.
Record of Sign In: Lee Brunelli, Joe & Lynda Ostrowski, Ron Kobel, Michael Daniel, Barbara Daniel, Samuel Chiavetta Jr., Allen Nolan, Brian Rott, Debra Ritz, Charles Arrigo, Joseph Giambrone, Don Clark, Frank Broughton, Rose DeMaria, Brian & Amy Spiller, Gabriel & Marcie Fischer, Tim & Donna Marien, Joseph DeCarlo, Jack & Evie Mann, Lisa Frye, James Travis, Chad Kaczmarek, Scott Kaczmarek, Ellsworth Nolan, Brian Campbell, Janet Bowman, Gary Brecker.
Clerks note: Town Board members met at 7:00 PM for workshop, no motions made during the workshop.
The meeting was called to order by Supervisor Leonard Pero at 7:30 PM with a Pledge to the flag.
Councilman Kujawinski moved to accept # 299 and was seconded by Councilman
Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber. 0 abstain 0 nays
#299: RESOLVED: Approval of Town Board Meeting Minutes from October 12 (with correction presented to abstract) and October 20, and October 27, 2010 as submitted by Town Clerk
Councilman Gier moved for the adoption of the following motion #300, seconded by Councilman Borngraber. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber. 0 abstain 0 nays
#300: RESOLVED: To Approve Supervisors September 2010 Financial Report As Presented
Councilman Fullone moved for the adoption of the following motion #301, Motion seconded by Councilman Gier Roll Call Vote: Fullone ? aye, Gier ? aye, Borngraber ? aye Kujawinski- aye, Pero-aye, 5 Ayes, 0 Nays, 0 Abstains
#301: RESOLVED: Approve the following Budget Modification For The Period Ending September 30th, 2010 As Recommended By The Town Bookkeeper As Presented
FROM: Richard A. Gryksa MBA, Town Accountant
SUBJECT: Recommended Budget Modifications as of the period ending: September-10
Please make a resolution at the regular Town Board meeting on November 9th, 2010 to approve
the following budget change(s) as recommended herein or as modified by the Town Board.
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund - Townwide
$ 15,000.00 Decrease A7110.2 Parks Equip & Cap Out
4,373.00 Decrease A5410.2 Sidewalks Equip & Cap Out
$ (19,373.00) Increase A7180.2 Pool Equip & Cap Out $ 19,372.76
Budget increase to cover the balance due on the pool roof replacement, masonry work and
engineering fees. The total amount over budget includes charges paid in the October Abstract.
$ 161.00 Decrease A9040.8 Workmans Compensation
$ (161.00) Increase A9055.8 Disability Insurance $ 161.00
Highway - Townwide
$ 63.00 Decrease DA5140.4 Misc Brush & Weeds Contr Expend
$ (63.00) Increase DA5130.4 Machinery Contr Expend $ 62.57
Highway Fund - Part TownTownwide
$ 2,141.00 Decrease DB5112.1 Permanent Improvements Pers Serv
520.00 Decrease DB5110.4 General Repairs Contr Expend
$ (2,661.00) Increase DB5110.1 General Repairs Pers Serv $ 2,660.04
$ 37.00 Decrease DB5110.4 General Repairs Contr Expend
$ (37.00) Increase DB9030.8 Social Security 36.85
DB5112.4 Permanent Improvements Contr Expend $ 1,264.75
DB9010.8 New York State Retirement 107.56
DB9060.8 Medical & Dental Insurance 4,617.77
To date, the above expenditures will result in the total budget being overdrawn: $ 5,990.08
The total amount over budget includes charges paid in the October.
Water District #1
$ 30.00 Decrease SW8340.4 Transmission/Distribution Contr Expend
$ (30.00) Increase SW8310.4 Water Adiminstration Contr Expend 29.50
Councilman Gier moved for adoption of the following motion #302, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber, 0 abstain 0 nays
#302: RESOLVED: Town Clerk?s September 2010 Financial Reconciliation Report
Councilman Fullone moved for adoption of the following motion #303, seconded by Councilman Borngraber. 4 ayes: Pero, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#303: RESOLVED: Justice Gugino / Justice Crouse September 2010 Financial Reconciliation Report (Bail & Regular) Be Accepted
CEO, Gary Brecker, read and summarized his November report.
Councilman Kujawinski moved for adoption of the following motion #304, seconded by Councilman Gier. 5 ayes: Kujawinski, Gier, Pero, Fullone, Borngraber.0 abstain 0 nays
#304: RESOLVED: October 2010 Code Enforcement Officer Report Be Accepted As Presented. Summary: 18 Inspections, 3 court cases, 1 Meeting attended, 1 special permit application (Family Life Radio).
DCO, Barbara Daniel summarized her October report. She informed the Board that she would submit her full October report at the November meeting.
Councilman Kujawinski moved for adoption of the following #305, seconded by Councilman Gier. 5 ayes: Kujawinski, Gier, Pero, Fullone, Borngraber.0 abstain 0 nays
#305: RESOLVED: October Dog Control Officer?s Activity Report Be Accepted As Presented Summary: Dogs calls: 8, Kennel days:31, Dogs kenneled:1, Court cases:0, Stray dogs:1, Dog Bites:0.
Councilman Borngraber moved for adoption of the following #306, seconded by Supervisor Pero. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#306: RESOLVED: October 2010 Police Activity Report Be Accepted As Presented Summary: 4746 miles patrolled, fuel usage 368.2 gals, Arrests: Felony: 0, misdemeanor: 2, V&T: 146, Fire calls: 1, First Aid calls: 2, Criminal complaints: 9 non criminal: 18. The Brant Police Dept. has solved two outstanding burglaries, one grand larceny, and five petit larcenies. Lt. Hepkins also presented letters of commendation for Brant officers, Investigator Giacchino, Slawvek, John Lopes, Richard Lopez concerning copper, metal thefts for scrap. Hepkins asked neighbors to keep an eye out for anything suspicious and named specific areas.
Councilman Fullone moved for adoption of the following #307, seconded by Supervisor Pero. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#307: RESOLVED: Accept resignations of Officer Alessi and Officer Biastre.
Supervisor Pero moved for adoption of the following #308, seconded by Councilman Borngraber. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#308: RESOLVED: October 2010 Town Clerk Activity Report Be Accepted As Presented: OCTOBER TOWN CLERK CASH REPORT: Total monies rec?d: $2,786.96 Town share: $977.18 Erie County: $56.40, NYS Comptrollers, NYS Health: $45.00 NY State Ag & Mkts: $39.00, NYS DECALS: $1,469.38, Security Deposits: $200.00.
Planning Board Report: Secretary Linda Ostrowski reported that the committee recommended Barbara Daniel be named chairman till the end of the year as no one present was willing to take position. Cell towers were discussed and a request/recommendation to Town Board to have the public hearing for Family Life Tower in December, and a discussion of fees for FLN, and tabled discussion on taxi licensing.
Councilman Borngraber moved for adoption of the following #309, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#309: RESOLVED: To Accept The October 26, 2010 Planning Board Report As Presented.
Supervisor Pero moved for adoption of the following #310, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#310: RESOLVED: To appoint Barbara Daniel as Planning Board Chairman
8:00 Break for Public Hearing /2011 Budget Public Hearing: 8:00 PM
Town Clerk verifies that the following notice was published in the SUN, on online @ brantny.com, and posted at the Brant town Hall: LEGAL NOTICE, TOWN OF BRANT
Notice is hereby given that the Preliminary Budget, For The Fiscal Year Beginning January 1, 2011 And The Required Tax Exemption Impact Report Will be in the office of the Brant Town Clerk where it is available for inspection by any interested person during regular business hours, and can be found online at brantny.com. Public Hearing For The Preliminary Budget Thereon At The Brant Town Hall At 8:00 PM On Tuesday 9th Day Of November 2010
And At Such Hearing Any Person May Be Heard In Favor Or Against Any Items Therein Contained. Further Notice Is Given Pursuant To Section 108 Of The Town Law The Proposed Salaries Of The Following Town Offices Are Hereby Specified As Follows: Supervisor: $18,540.00, Councilman (4) x each: $4,480.00, Town Clerk/Tax Collector: $26,000.00, Superintendent of Highways: $22,925.00, DATED: October 25, 2010, BY THE ORDER OF THE BRANT TOWN BOARD, Thea A. Ells, Brant Town Clerk
Councilman Gier moved for adoption of the following 311, seconded by Supervisor Pero. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays
#311: RESOLVED: TO OPEN THE PUBLIC HEARING @ 8:00 PM
DCO. Barbara Daniel, stated that she requested a salary increase due to the fact that the job has changed because maintaining a kennel to house dogs is now a requirement, not an option. She stated that this is a request for the position not necessarily for herself as anyone who may hold the position will be required to fulfill the duties. Pero responded that the increase was 10% and is a lot in one year. DCO had further discussion with Pero and Borngraber.
Debra Ritz inquired of the fund balance and questioned if every elected official received an increase. Pero responded that even using some of the fund, balance is still a healthy amount. Ritz questioned borrowing for town hall, is it due to low interest rates. Pero commented that increase for Judges and court clerks is justified due to work load. Ritz commented that increase is for all employees.
Pero stated that tax rate has gone down every year and reviewed the last three years with savings on a 100,000 dollar valued home has seen a savings of approx. 60 dollars, and commented on the services and assets in the town.
Frank Broughton commented that the board has shown fiscal restraint and thanked the board members.
Pero went through budget and reviewed the following changes with board members: increase A1910.4 Unallocated Ins. to 36,000., A9010.8 NYS retirement to 22,348., police retire.A9015 to 12,500., and A9950 transfer to Capital Projects to 200,000. A fund revenues changes A2610 to 275,000., and A30065 St aid Mortgage, 18,000..B fund: B1990 to 2,550., change appropriated fund balance to 65353. and total rev & appropriations to 202,883.
Highway part town DB5110.1 change to 42,500.and DB599 Appropriated fund balance to 10,800. Capital Projects New Town Hall H1620.2 change to 200,000. and H960 to 200,000.and H5031 Inter fund transfers to 200,000.
General town rate 3.4576, Highway town wide 0.6776, Fire Protection 1.9497, Street lighting: .2635 (a home outside the village in no special districts) would pay per thousand 6.3484 rounded 6.3 per thousand
Councilman Gier moved for adoption of the following 312, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays
#312: RESOLVED: TO CLOSE THE PUBLIC HEARING @ 8:14 PM
Proposed Local Law #3 Public Hearing: 8:30 PM
Town Clerk verifies that the following notice was published in the SUN, on online @ brantny.com, and posted at the Brant Town Hall: LEGAL NOTICE, TOWN OF BRANT, NOTICE OF PUBLIC HEARING, November 9, 2010, 8:30 PM, NOTICE IS HEREBY GIVEN, that there has been presented to the Brant Town Board, Erie County, New York Proposed Local Law # 3 of the year 2010, For the purpose of receiving public comment on proposed Local Law No. 3 of 2010 which would impose a six month moratorium on the issuance and processing of applications and issuance of permits or approvals for the telecommunications facilities in the Town of Brant. NOTICE IS HEREBY GIVEN that the Brant Town Board will conduct a public hearing on the aforesaid local law at the Brant Town Hall, 1294 Brant-North Collins Road, Brant, New York on Tuesday the 9th day of November 9th, 2010 at 8:30 P.M. Local Time. All interested parties will be given an opportunity to be heard. Dated: 10-14-10 By order of the Brant Town Board, Thea A. Ells, Brant Town Clerk
Councilman Gier moved for adoption of the following 313, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays
#313: RESOLVED: TO OPEN THE PUBLIC HEARING @ 8:30 PM
Planning Board Secretary, Lynda Ostrowski, stated that the planning board has recommended that the Family Life Radio Tower be exempt from the moratorium as the plans have already been reviewed by the planning board, and a positive recommendation to approve the tower has been made by the PB.
Attorney Trask commented that the question is what application process has been followed with this tower, no fee has been set and none paid, the TB can have the planning board continue to work with the applicant if it so pleases and then after the moratorium the boards would have regulations and process to be followed. Trask did not feel that it would take the six months to present a local law to the board. Barb Daniel of the planning board spoke that the planning board made the recommendation to have a public hearing for this application. Pero inquired if the board could exempt the FLN tower from the moratorium.
Application has begun but no fee has been collected. CEO Brecker stated that all paperwork and plans that he feels would apply has been reviewed, and he recommended the board consider issuing FLN a special use permit after a public hearing. Attorney Trask asked how the town board and or planning board approve application if we have no standards to follow.
Rick Snavely of FLN spoke to board of the regulations they follow, and the length of time these regulations allow. Snavely brought forward explanation to the board concerning the differences of a radio tower and cell tower. Discussion turned to status of FLN tower and that they generally own the land and FLN is exempt from taxes, discussion continued as to tower assessment and taxation. Cell towers are assessed and taxed (owner of tower).
Debra Ritz spoke on procedure and requirements should be in place before approval. Frank Broughton spoke that the town should let this tower proceed. Discussion continued concerning exclusion of FLN from moratorium. Kujawinski asked is there an application that has been filed, CEO stated yes, but no fee has been paid as yet as CEO questioned that it was a religious organization. Attorney questioned if SEQR has been filed and if county planning has been notified, CEO said yes. Snavely stated that no fee was given to them, and CEO confirmed no correspondence with the county.
Councilman Gier moved for adoption of the following 314, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays
#314: RESOLVED: TO CLOSE THE PUBLIC HEARING @ 9:15 PM
Councilman Fullone moved for the adoption of the following motion #315, Motion seconded by Councilman Borngraber. Roll Call Vote: Fullone ? aye, Borngraber ? aye, Pero-aye, Gier ? nay, Kujawinski- nay, 3 Ayes, 2 Nays, 0 Abstains
#315: RESOLVED: Exclude the Family Life Network Tower from the moratorium (proposed Local Law #3) with a fee application of $500.00 for this project and FLN will reimburse the town any other costs incurred by the town.
Supervisor Pero moved for the adoption of the following motion #316, Motion seconded by Councilman Gier. Roll Call Vote: Pero-aye, Gier ? aye, Kujawinski- aye, Fullone ? aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains
#316: RESOLVED: Proposing a negative declaration under SEQR in conjunction with Proposed Local Law #3
Supervisor Pero moved for the adoption of the following motion #317, Motion seconded by Councilman Kujawinski. Roll Call Vote: Pero-aye, Kujawinski- aye, Fullone ? aye, Borngraber ? aye, Gier ? aye, 5 Ayes, 0 Nays, 0 Abstains
#317: RESOLVED: To Adopt Proposed Local Law #3 of 2010 As Local Law #3 of 2010 as follows:
A local law imposing a temporary moratorium on the issuance of applications and the
granting of permits, licenses or approvals for the siting, location, construction or development of telecommunication facilities in the Town of Brant,
Be it enacted by the Town Board of the Town of Brant (?Town?) as follows:
WHEREAS, in the past several years, neighboring communities have seen a notable increase in the number of inquiries and requests for the siting, location, construction or development of telecommunication facilities, and
WHEREAS, current local laws, ordinances and regulations do not adequately address many of the issues and concerns which must be considered to fairly address the impacts of such facilities upon the Town, and
WHEREAS, the Town Board has determined that it is necessary to protect the public interest and welfare by imposing a temporary moratorium on new siting, location, construction and development of new telecommunication facilities while the Town undertakes a comprehensive review of concerns and issues raised by these improvements, and
WHEREAS, such moratorium is intended to allow the Town sufficient and necessary time to address such concerns and issues and enact new laws, ordinances or regulations, and/or appropriate amendments to existing laws, ordinances or regulations to properly address such concerns or issues in a manner which is meaningful and consistent with the Town?s comprehensive plan.
NOW, THEREFORE, the Town Board of the Town of Brant hereby declares that no new applications shall be issued and no permits or approvals shall be granted by any officer, department, board or agency of the Town of Brant with respect to the siting, location, construction or development of any telecommunication facilities within the Town of Brant for a period of six (6) months from the effective date of this local law, excluding the application of Family Life Network, unless earlier terminated by other local law, duly adopted. The term ?telecommunication facilities?, as used in this law, shall mean any structure, tower, foundation, supporting device and/or accessory structures or improvements used in connection with siting or locating equipment such as antennas for wireless, cellular, digital or other communication signals, systems or services.
This local law is intended to supersede all applicable provisions of the Town of Brant Code, to the extent required to give effect to the provisions hereof for the effective period hereof.
Councilman Fullone moved for the adoption of the following motion #318, Motion seconded by Supervisor Pero. Roll Call Vote: Fullone ? aye, Pero-aye, Borngraber ? aye, Gier ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#318: RESOLVED: To Approve The 2011 Budget As Presented And To Include Changes Reviewed By Board Members
Supervisor Pero moved for the adoption of the following motion #319, Motion seconded by Councilman Borngraber. Roll Call Vote: Pero-aye, Borngraber ? aye, Fullone ? aye, Gier ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#319: RESOLVED: SET A PUBLIC HEARING FOR THE SPECIAL USE PERMIT FOR FAMILY LIFE NETWORK ON DECEMBER 14, 2010 AT 8:00 PM.
Fire Co. Reports:
OLD BUSINESS:
New Town Hall: Trask: The closing on the New Town Hall is scheduled for Monday the 15th of November. He then requested tentative authorization for payment of the closing costs totaling no more than $105,000.
Supervisor Pero moved for the adoption of the following motion #320, Motion seconded by Councilman Gier. Roll Call Vote: Pero-aye, Gier ? aye, Kujawinski- aye, Fullone ? aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains
#320: RESOLVED: The Brant Town Board gives prior approval to Supervisor Pero to pay in advance, prior to audit and approval, a total not to exceed $105,000 for the closing costs and purchase price of the New Brant Town Hall.
Schenne Agreement: Trask advised the Board that he received a proposed agreement for professional services from Schenne & Assoc for the renovations and improvement necessary for the conversion of the school to be used as a Town Hall. Trask added that he drafted a proposed addendum addressing the professional liability and sent it to Mr. Schenne. Schenne is in agreement of the Addendum, therefore Trask advises the Board to approve the agreement with the Addendum. Gier asked who was responsible for the payroll. Trask stated Schenne will be responsible to put that requirement in the Bid specs to ensure prevailing wage. Town Board must follow through on enforcing specs.
Supervisor Pero moved for the adoption of the following motion #321, Motion seconded by Councilman Fullone. Roll Call Vote: Pero-aye, Fullone ? aye, Borngraber ? aye, Gier ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#321: RESOLVED: The Brant Town Board authorizes Supervisor Pero to sign amended agreement with John Schenne for engineering services for renovations for the New Town Hall.
Pero Discussion ? New Town Hall costs: Heating/cooling of New Town Hall. Pero gave break down of New Town Hall work being quoted by engineers. Cost of Town Hall: $100,000. Court room bids are $40,000, Electrical work $20,000 to $30,000. Carpenter work $130,000. Heating & Cooling estimates started at $40,000. Brings the total cost to $420,000. Take into account a BAN for $150,000 and $25,000 donation from Mrs. Wilson. That leaves $255,000 and if we get the Court grant at $30,000 that would bring us to $225,000. If we use the budgeted $200,000 that would leave us with a remaining bill $25,000. Pero stated the bank told him they would loan us $50,000 if it was needed. He added that cuts should be made. The current heating system at the New Town Hall is perfect, but the A/C is lacking. Discussion at the New Town Hall meetings suggested the possibility of new Heating/Air conditioning units for the roof that would cost approximately $40,000 each. He then suggested volunteer work that would also bring down costs.
Rosemarie DeMaria expressed concern that volunteers not be used to move Town Clerk records. Pero assured her that only authorized persons would move the records.
Asbestos Agreement: Trask asked the Board to provide their response to the Report received from the School Board stating the Asbestos in the school building is contained. A one year agreement (from closing date) was offered that would allow the Town to utilize the School?s asbestos certified staff to contain incidents of asbestos encountered during the renovation, provided it is within their capability level. Trask suggested the Board approve the Supervisor to use his authority to sign the agreement.
Councilman Kujawinski moved for the adoption of the following motion #322, Motion seconded by Councilman Fullone. Roll Call Vote: Kujawinski-aye, Fullone ? aye, Borngraber ? aye, Pero ? aye, Gier- aye, 5 Ayes, 0 Nays, 0 Abstains
#322: RESOLVED: The Brant Town Board gives Supervisor Pero authority to sign the Asbestos Agreement with the School district that would allow the Town to utilize the Schools asbestos certified staff for one year after closing date, according to their abilities.
Highway Truck: Councilman Fullone stated the Highway truck will be done in time to be the Town?s Christmas present. Trask stated he had the loan documents that would be signed after the meeting. He added that the loan for the Truck and the Town Hall will mature at the same time so that in the event the Town renews the loans next year, they will only be required to pay one closing fee.
Dog Licensing Law: Trask stated that a public hearing should be set for December 14, 2010 at 8:30 PM to address the new proposed local law #4, Dog Control & Licensing. Trask suggested the Local law draft be in place by Thanksgiving. Pero also set November 15 at 7:00 PM for Board members, the DCO and Attorney to meet to discuss changes to Cheektowaga?s law that Supervisor Pero chose as the base for the Town of Brant?s new law.
Councilman Gier moved for the adoption of the following motion #323, Motion seconded by Councilman Kujawinski. Roll Call Vote: Gier-aye, Kujawinski-aye, Fullone ? aye, Borngraber ? aye, Pero ? aye, 5 Ayes, 0 Nays, 0 abstains
#323: RESOLVED: The Brant Town Board calls a public hearing for December 14 at 8:30 PM to adopt proposed local law #4, Dog Control & Licensing.
Acknowledge Justice Court Audit: The Brant Town Board members have reviewed the Independent Accountants (Brock, Schechter & Polakoff, LLP) ?Agreed Upon Procedure Report? for the Brant Justice Court Records for the year ending December 31, 2009, and has accepted the findings.
Supervisor Pero moved for the adoption of the following motion #324, Motion seconded by Councilman Fullone. Roll Call Vote: Pero-aye, Fullone-aye, Gier ? aye, Kujawinski ? aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 abstains
#324: RESOLVED: The Brant Town Board accepts findings of the ?Agreed Upon Procedures Report? from Brock, Schechter & Polakoff for the Brant Justice Court Records for the year ending December 31, 2009.
AG Notice:
Supervisor Pero read the public notice for inclusion of lands into an agricultural district from Erie County. November will be the annual thirty day period during which land owner may submit requests to include predominantly viable agricultural land into an existing agricultural district. This notice is posted in the Town Hall and on line.
Town Hall Garage: Roof is leaking: Quotes were received for a new barn to be located at the new Town Hall. Thea requested the maps be moved as soon as possible. Discussion on patching the roof. The Board decided to table the discussion of roof repairs on the Town Hall garage until the meeting to be held on the 15th of November.
New Business:
Brant Farnham Water District/Agreement with Village of Farnham
Supervisor Pero moved for adoption of the following #325, seconded by Councilman Gier.
5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays
#325: RESOLVED: Authorize Supervisor Pero to sign an agreement to extend the Water contract with Village of Farnham to expire December 31, 2013.
Salt Agreement with Lakeshore Central: $63.00/loader scoop agreed price, District to provide receipts accordingly.
Councilman Gier moved for adoption of the following #326, seconded by Councilman Fullone. 5 ayes: Gier, Fullone, Kujawinski, Borngraber, Pero 0 nays
#326: RESOLVED: Authorize Supervisor Pero to sign a Salt Agreement with Lake Shore Central to purchase Road salt from Brant at $63.00/per loader scoop.
Reappointment of Virginia Schilling to the Brant Board of Review & Assessment for a five year term: Supervisor Pero moved for adoption of the following #327, seconded by Councilman Fullone. 5 ayes: Pero, Fullone, Gier, Kujawinski, Borngraber, 0 nays
#327: RESOLVED: To re-appoint Virginia Schilling to a five year term as member of the Town of Brant Board of Assessment & Review.
Lakeshore Youth Wrestling:
Lakeshore Youth football is requesting to use the Recreation building gym for three evening a week for about two hours each use this winter for Barn Grapplers wrestling. Gier asked if they had insurance. Kaczmarek stated yes. Gier asked if they had paid for the utilities last year. Kaczmarek answered he never received a bill. Town Clerk stated she is not in charge of billing them for the utilities, and that she never received a schedule of when they used the building. Pero asked for a schedule. Kujawinski asked Kaczmarek to send him one.
Councilman Fullone moved for adoption of the following #328, seconded by Supervisor Pero. 5 ayes: Fullone, Pero, Gier, Kujawinski, Borngraber, Pero 0 nays
#328: RESOLVED: Town Board gives permission to Lake Shore Barn Grapplers to wrestle in the Recreation Building Gym with the understanding of insurance requirements and reimbursement of utility costs.
Independent Health 2011: the 2011 rate of $180 monthly for the Independent Health has been raised by $19.00 and requires the Supervisor to sign accepting the new rate.
Councilman Gier moved for adoption of the following #329, seconded by Supervisor Fullone. 5 ayes: Gier, Fullone, Kujawinski, Borngraber, Pero 0 nays
#329: RESOLVED: Town Board gives permission to Supervisor Pero to sign a new rate agreement with Independent Health containing a $19.00/month increase in rate.
Reports of Committees/Projects/Town Board Reports/Communications/Misc. Information:
Assessor Joseph DeCarlo addressed the Board with information regarding the State?s decision to replace their Annual and Tri-Annual reassessments with a four, five or six year plan. In the past, every year the Town was at 100% evaluation, the state was paying the Town five dollars per parcel. With the new plan, and because of the budget, there would be some changes in the amount paid to the Town. It may be $4.00/parcel now. The Town is required to do an assessment the first year and the last year of the program. The years in between the first and last year of the program may pay only $2.00/parcel as the state is cutting payments down. The Town is now required to choose which plan they go with, four or five year? The deadline is December 5th. He warned that if the Town does not do a re-evaluation in the last year, it will have to pay back every $2.00 received per parcel. The decision is tabled until the November 15 meeting.
CDBG: Sidewalks in front of New Town Hall: Pero: An income study will take place in the area of the four corners near the New Town Hall. If the area qualifies as low income, sidewalks in front of the Town Hall may be possible. The Town is seeking $33,075 with a total projected cost of $44,100.00. Therefore the Town would have to come up with $5,525. using force labor or $5,500 which is in the budget.
Pero spoke that the Town may acquire a computer to be used exclusively for disaster coordinator.
Recreation: Councilman Gier read a summary of the Brant Recreation program submitted to him by Vince Fininzio, and Clerk?s Office, Average of 95 children attended per day. Five field trips, Pool and facilities were kept in great shape. Total money paid out was $36,686 and Total money taken in was $14,725. leaving a net balance of $21,961 translating to a Town cost of $40.00 per child per week.
Kujawinksi: Reported that Holy Cross church in North Collins will be hosting a Blood Drive on Veterans day, November 11 from 1-7.
Pero: Ellis Rd Bridge: Pero notified State Engineer regarding the Ellis Rd. Bridge. The bridge cost ended up costing $5,500 and that it would be better to keep the cost of the project low so no further work was needed at this time.
New Trees in Town Park: Pero thanked Councilman Kujawinski for the tree planting project that was undergone under Kujawinski?s direction. Borngraber requested the trees be protected from deer. Highway Superintendant to assist Borngraber.
FEMA Update: Pero announced the receipt of the balance of the FEMA money, therefore the $90,452.89 total that was expended by the Town has been reimbursed with $91,631. He stated that the Disaster expense has now ended.
Solar Liberty: Pero reported that the electric bills for the Town Hall were forwarded to Solar Liberty along with copies of the electric bills from the School in hopes that a Solar Energy System Grant could be acquired for the New Town Hall.
Borngraber/Storm water, drainage on Milestrip Rd: Borngraber stated that the County cleaned one of the public and private ditches. Borngraber was told by the County that the water that runs alongside Town roads are the Counties responsibility, while the waters that run perpendicular to the road are the Town?s responsibility. Pero addressed the drainage problem on Milestrip Road. Discussion on possible remedies and the issues that prevent the correction of the problem.
Gier ? Credit Card Policy: Councilman Gier stated that he will provide the Board with a credit card policy sometime before the Organizational Meeting. He also added the option of a Workplace Violence policy.
S.A.K. Update: Councilman Borngraber informed the Board that he spoke with SAK and that he was told that the issues he addressed the contractor with will be taken care of.
Affirmative Action Officer Update: Supervisor Pero read a letter from Michelle Hy, Town of Brant?s Affirmative Action Officer that notified the Board that she had completed Training on October 19 which allows the Town to apply for CDBG funding.
Veteran services: The Town Clerk announced that a Veteran Service would be held at the Veteran?s Park in Farnham on November 11th at 11:00 AM.
Misc. Communications: Pero noted that he received a letter from Time Warner regarding an upcoming new contract. 211 WNY Central Clearing House sent information about a Toy drive that will be conducted. Those interested in donating toys should contact Supervisor Pero for the information. Applicants wishing to acquire toys for their children from the drive should apply between November 1st and December 10, 2010.
The First Responders and E.C. Dept of Health is offering free vaccinations on November 11, to Emergency Service Personnel and Childcare providers ages 19 and older. Vaccinations will be administered on a first come first served basis.
Lake Shore Employee Drug Testing: Pero read a letter from Lakeshore Employee Drug Testing that notified the Town of their new guidelines and an increase of $2.00 per test.
Winter clothing drive: Legislator Lynn Dixon?s winter clothing drive. A bin has been placed in the Town Hall for donations.
EMP Presentation: Supervisor Pero notified the audience of an EMP presentation of the Angola Theatre at 7:00 PM on November 17. Pero reiterated his desire for the Town to purchase a stockpile of a special food with a 10 year shelf life at the cost of $40,000. He added that the meals would provide residents with one meal per day per person. Supervisor Pero recommended the residents consider the purchase, and/or he suggested a six month supply for $20,000.
Councilman Gier moved for adoption of the following #330, seconded by Supervisor Fullone. 5 ayes: Gier, Fullone, Kujawinski, Borngraber, Pero 0 nays
#330: RESOLVED: TO APPROVE ABSTRACT 11 of 2010 AS LISTED BELOW:
*Prepaid and unpaid as of November 9, 2010
Gen Fund Town wide Vouchers paid 414-422, unpd 423-466 Totaling: $54,379.39
Gen Fund ? Part Town pd unpaid 29-30 Totaling: $255.65
Highway Fund T.W. Vouchers Unpaid 90-99 Totaling: $9,149.14
Highway Part Town Vouchers: Unpaid 41 Totaling: $4,666.56
Fire Protection District: None
Street lighting ? Voucher #10 totaling $2,432.54
Brant Water Dist #1 ? Totaling: $30.00
Highway Payroll PT 9/26/10 to 10/23/10 Totaling: none
Highway Payroll TW 9/26/10 to 10/23/10 Totaling: $6,551.33
General Town Wide Payroll 9/26/10 to 10/23/10 Totaling: $32,168.99
General Part Town Payroll 9/26/10 to 10/23/10 Totaling: $627.90
Privilege of Floor:
Frank Broughton: Thanked the Board for taking care of the Refuse problem. Things are going smooth again. He is looking forward to the new town hall.
Lee Brunelli: Asked if the two park lights at the park, which have been out for a year have been reported. Pero stated they were fixed and went out again. Pero stated they were reported but they keep going out. Lee then asked if the Board, at their January meeting, would consider moving the ?Privilege of the Floor? back to the earlier portion of the meeting where it used to be.
Ellsworth Nolan: Thanked Joe Giambrone for helping him out with the old school parking lot and hauling the black top for him. The Blacktop was put at the Brant Town Park.
Tim Marien/Donna Marien/Allan Nolan: Asked why the Town should pay SAK again for now doing the work they should have already done. They noted that the park work was not satisfactory. Questioned Clerk regarding money refunded for a recent park rental. Clerk assured that no money was refunded due to grounds issues. She added that refunds for ground issues occurred in previous years. Councilman Borngraber will ask SAK to attend the November 15 special meeting to address the issue.
Councilman Kujawinksi moved for adoption of the following #331, seconded by Councilman
Fullone, 5 ayes: Kujawinski, Fullone, Pero, Borngraber, Gier. 0 abstain, 0 nays
#331 RESOLVED: TO ADJOURN THE NOVEMBER 9, 2010 MEETING OF THE BRANT TOWN BOARD at 10:32 PM
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
