Minutes: Town Board Meeting Tuesday January 11, 2011 and FLN Radio Tower application, Brant Town Hall
Present: Supervisor Leonard Pero, Councilman, Councilman Jeffrey Gier, Clark Borngraber, Councilman Daniel Kujawinski, Attorney William J. Trask Sr., Town Clerk Thea A. Ells. Absent: Councilman Vincent Fullone.
Record of Sign In: Donald Hepkins (Police Lt.), Brian Rott, Debra Ritz, Lynda and Joe Ostrowski, Lee Brunelli, Sam Chiavetta, Jr., Donald Clark, Rick Snavely, Gary Brecker, Barbara Daniel.
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. A moment of silence was observed in remembrance of the victims of the Arizona shooting.
Councilman Gier moved to accept # 1 and was seconded by Councilman
Borngraber. 4 ayes: Gier, Borngraber, Kujawinski, Pero. 0 abstain, 0 nays
#1 RESOLVED: Approval of Town Board Meeting Minutes from December 14th as submitted by Town Clerk
Councilman Gier moved for the adoption of the following motion #2 seconded by Councilman Borngraber. 4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#2 RESOLVED: To Approve Supervisors November 2010 Financial Report As Presented
Councilman Kujawinski moved for the adoption of the following motion #3 Motion seconded by Councilman Gier Roll Call Vote: Kujawinski- aye, Gier ? aye, Borngraber ? aye Pero-aye, 4 Ayes, 0 Nays, 0 Abstains
#3 RESOLVED: Approve the following Budget Modification For The Period Ending November 30th, 2010 As Recommended By The Town Bookkeeper As Presented
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund - Townwide
$ 346.00 Decrease A1910.4 Unallocated Insurance- Contr Expend
$ (346.00) Increase A1670.4 Central Print /Mail Contr Expend $ 345.72
$ 121.00 Decrease A1910.4 Unallocated Insurance- Contr Expend
$ (121.00) Increase A1680.4 Central Data Processing Contr Expend $ 120.86
$ 283.00 Decrease A1990.4 Contingent Account
$ (283.00) Increase A5010.4 Highway Administration Contr Expend $ 282.31
$ 2,700.00 Decrease A7110.4 Parks Contr Expend
$ (2,700.00) Increase A7110.2 Parks Equip & Cap Out $ 2,700.00
$ 3,769.00 Increase A510 Estimated revenues
$ (3,769.00) Increase A960 Appropriations
To increase the 2010 Budget for the insurance reimbursement of collision work performed on the 2008
Ford Crown Vic and the related revenue and expenditure accounts listed below.
$ 3,769.00 Increase A2680 Insurance Recoveries
$ (3,769.00) Increase A3120.2 Police Equip & Cap Out $ 1,949.94
Highway - Townwide
$ 322.00 Decrease DA5140.1 Misc Brush & Weeds Pers Serv
365.00 Decrease DA9010.8 State Retirement
$ 687.00 Increase DA5130.4 Machinery Contr Expend $ 686.73
Highway Fund - Part Town
$ 59.00 Decrease DB5110.4 General Repairs Contr Expend
$ (59.00) Increase DB9010.8 State retirement $ 166.56
DB5110.1 General Repairs Pers Serv $ 958.04
DB5112.4 Permanent Improvements Contr Expend 1,264.75
DB9010.8 New York State Retirement 106.47
DB9060.8 Medical & Dental Insurance 3,658.77
To date, the above expenditures will result in the total 2010 buget being overdrawn by: $ 5,988.03
Water District #1
$ 30.00 Decrease SW8340.4 Transmission/Distribution Contr Expend
$ (30.00) Increase SW8310.4 Water Administration Contr Expend $ 29.50
Councilman Gier moved for adoption of the following motion #4, seconded by Councilman Kujawinski. 4 ayes. Gier, Kujawinski, Borngraber, Pero. 0 abstain 0 nays
#4 RESOLVED: Town Clerk?s November 2010 Financial Reconciliation Report
Councilman Gier moved for adoption of the following motion #5 seconded by Councilman Borngraber. 4 ayes: Gier, Borngraber, Kujawinski, Pero. 0 abstain 0 nays
#5 RESOLVED: Justice Gugino / Justice Crouse November 2010 Financial Reconciliation Report (Bail & Regular) Be Accepted
CEO, Gary Brecker, read and summarized his December report.
Councilman Gier moved for adoption of the following motion #6 seconded by Supervisor Pero. 4 ayes: Gier, Pero, Kujawinski, Borngraber. 0 abstain 0 nays
#6 RESOLVED: December 2010 Code Enforcement Officer Report Be Accepted As Presented. Summary: 5 Inspections, 3 court cases, 2 Meeting attended.
Brecker reported that he received application from Family Life Network and Part 1 of SEQR complete; Town Board needs to name person to fill out part 2.
Councilman Gier moved for adoption of the following #7 seconded by Supervisor Pero. 4 ayes: Gier, Pero, Kujawinski, Borngraber. 0 abstain 0 nays
#7 RESOLVED: Dog Control Officer?s Daniel?s reported verbally that she received no dog calls in December. There was one dog/vehicle accident handled by Brant Police as the owner was present and the dog was not a stray. She then stated that the official number of dogs seized for the 2010 year was 32.
Councilman Kujawinski moved for adoption of the following #8 seconded by Councilman Gier. 4 ayes: Kujawinski, Gier, Borngraber, Pero, 0 abstain 0 nays
#8 RESOLVED: December 2010 Police Activity Report Be Accepted As Presented Summary: 5728 miles patrolled, fuel usage 470 gals, Arrests: Felony: 0, misdemeanor: 6, V&T: 204, Fire calls: 1, First Aid calls:10, Criminal complaints: 4 non criminal: 16, Accidents with Injury: 1, Accidents without Injury: 3. Please watch out for children playing on snow banks and persons walking in the roadways this winter. We have received very good information from citizens that have been watching out for their neighbors, please continue to do so and contact the Brant Police if you see anything or anyone that is suspicious. Also, Don Hepkins informed the Board that a soldier traveling to Fort Drum broke down on Rt 5 and was assisted by Officer John Lopez. He found the traveler accommodations for the night and had his vehicle towed by Triple J at no cost, to the transmission repair in Irving. The Soldier (who had a purple heart) was very grateful and impressed at our police force.
Councilman Kujawinski moved for adoption of the following #9 seconded by Supervisor Pero. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#9 RESOLVED: December 2010 Town Clerk Activity Report Be Accepted As Presented: NOVEMBER TOWN CLERK CASH REPORT: Total monies rec?d: $2,053.00, Town share: $1,376.22, NYS Comptrollers Bingo $588.75, NYS Health: $22.50, NY State Ag & Mkts: $6.00, NYS DECALS: $59.53, Security Deposits: $0.00.
Planning Board Report: Secretary Linda Ostrowski reported was no meeting in December.
Fire Reports: Farnham reported 38 fires and 236 First Aid calls for 2010, in December 2010 they responded to 2 fires and 24 First Aid calls.
OLD BUSINESS:
FLN Tower Application:
The Special Use Permit application submitted by FLN Radio for a new Radio Tower construction on Milestrip Road was scheduled for action at this meeting, but Supervisor Pero stated that no board action could be taken at this time as they are waiting for Erie County to review the SEQR mailed January 4th 2011. The County has 30 days to respond.
New Town Hall:
John Schenne addressed the Town Board stating he recently became aware of a new law enforced by the Department of Justice that requires Towns to install devices that transpose voice to text for the hearing impaired.
CDBG Grant Senior Fitness Center:
John Schenne informed the Board the bid specs for the Senior Fitness Center are complete and the Board should proceed with advertising for bids for the project as soon as possible. The bids were broken down in four parts. The four bids were as follows: one for HVAC work, one for insulation, one for ADA Wheel chair lift, and one for gym insulation.
Supervisor Pero scheduled the bid opening for February 1st at 2:00 PM in the Town Clerk?s Office. A meeting for 6:00 PM the same day was scheduled for the Town Board to accept the successful bids. The bid request notice will be published in a Minority Newspaper as recommended by Erie County, and in the Sun.
Supervisor Pero moved for the adoption of the following motion #10 Motion seconded by Councilman Kujawinski. Roll Call Vote: Pero-aye, Kujawinski ? aye, Gier ? aye, Borngraber ? aye, 4 Ayes, 0 Nays, 0 Abstains
#10 RESOLVED: The Brant Town Board approves the advertisement for bid for the renovation of the Senior Community Fitness Center and schedules the bid opening for February 1 at 2:00 pm, with a meeting for the same day at 6:00 PM for the Town Board to accept the successful bidders.
Tabled Items from Organizational Meeting:
November 2011 Town Board meeting date: November 7, 2011
Salaries for elected officials: Acknowledged by entire Board, per law
ZBA appointment: Tabled
Councilman Gier moved for the adoption of the following motion #11 motion seconded by Councilman Kujawinski. 4 Ayes, 0 nays, 0 abstain
#11 RESOLVED: ZBA member appointment tabled until February Mtg.
Planning Board member new appointment: Denise Lundell, term until 12/31/17
Councilman Borngraber moved for the adoption of the following motion #12 motion seconded by Councilman Kujawinski. 4 Ayes, 0 nays, 0 abstain
# 12 RESOLVED: Appointment of Denise Lundell as Planning Board member for a term to end 12/31/2017. (repealed later in meeting (see #31), re-assigned to Planning Board Alternate)
Renewal of 2 Planning Board Alternate positions: Carol Brody and Janice Ross.
Councilman Kujawinski moved for the adoption of the following motion # 13 motion seconded by Councilman Gier. 4 Ayes, 0 nays, 0 abstain
# 13 RESOLVED: Planning Board alternate appointment of Carol Brody and Janice Ross. (Brody moved to Member at end of this meeting, see #31 at end of minutes)
Planning Board Chairman Appointment: Joseph Ostrowski, one year appointment, (Pero read from his letter of interest).
Councilman Borngraber moved for the adoption of the following motion #14 motion seconded by Supervisor Pero. 4 Ayes, 0 nays, 0 abstain
#14 RESOLVED: Joseph Ostrowski appointed as Planning Board Chairman for the Planning Board one year appointment to expire 12/31/11.
Planning/zoning compensation for members: $30.00/mtg for regular members and $35.00/mtg for Chairman. Secretary Lynda Ostrowski appointed to one term at a rate of $10.30 per hour.
Councilman Gier moved for the adoption of the following motion #15 motion seconded by Councilman Borngraber. 4 Ayes, 0 nays, 0 abstain
#15 RESOLVED: To compensate Planning & Zoning Board members $30.00/mtg for members, and $35.00/mtg for Chairmen. P & Z Secretary salary at $10.30/hour
Board of Ethics appointments: The Board chose to table the appointments until they have time to review the parameters.
Councilman Gier moved for the adoption of the following motion #16 motion seconded by Councilman Kujawinski. 4 Ayes, 0 nays, 0 abstain
#16 RESOLVED: Board of Ethics appointment tabled until February Mtg.
Superintendant of Bldgs and grounds: The Board chose to table this appointment.
Councilman Kujawinski moved for the adoption of the following motion # 17, motion seconded by Councilman Borngraber. 4 Ayes, 0 nays, 0 abstain
#17 RESOLVED: Superintendant of Bldgs & Grounds appointment tabled until February Mtg.
Parks Commissioner Appointment:
Councilman Gier moved for the adoption of the following motion #18, motion seconded by Councilman Kujawinski. 4 Ayes, 0 nays, 0 abstain
# 18 RESOLVED: appointment Parks Commissioner tabled until February Mtg.
Park Rules/hours:
Councilman Gier moved for the adoption of the following motion #19, motion seconded by Supervisor Pero. 4 Ayes, 0 nays, 0 abstain
#19 RESOLVED: Park rules and hours will be tabled until February Mtg.
Holidays:
Councilman Gier moved for the adoption of the following motion #20, motion seconded by Councilman Kujawinski. 4 Ayes, 0 nays, 0 abstain
#20 RESOLVED: The Town of Brant shall recognize Christmas on Monday December 26 and New Year?s Day as Monday January 2nd.
Radio Tower: FLN application
Because the SEQR was not mailed to Erie County until January 4th, the Board cannot act until the County has had 30 days to review and respond. Discussion by CEO Gary Brecker. Brecker urged the Board to approve the application and addressed various concerns he had if the Tower application is denied. Applicant Rep Rick Snavely read a letter from a listener who changed her mind about committing suicide after listening to FLN. Then read a letter from Jim & Jill Kelly in support of the Tower. He then stated FLN would give the Town free use of the Tower for emergency services such as police and fire communications. Supervisor Pero acknowledged the discussion and explained that no action can be taken at this meeting.
Supervisor Pero moved for the adoption of the following motion #21, motion seconded by Councilman Gier. 4 Ayes, 0 nays, 0 abstain
#21 RESOLVED: Table action on the Radio Tower application until February Town Board mtg.
Set Rezoning Fee: The Board discussed the amount that should be charged for re-zoning applications. Attorney Trask stated he would like to look into it more. The Board chose to establish $100 as the application fee, and acknowledges that any costs of notifying neighbors shall be bore by the applicant of the re-zoning.
Supervisor Pero moved for the adoption of the following motion #22 motion seconded by Councilman Gier. 4 Ayes, 0 nays, 0 abstain
#22 RESOLVED: Re-zoning application fee shall be $100.00.
Councilman Kujawinski moved for the adoption of the following motion #23, motion seconded by Supervisor Pero. 4 Ayes, 0 nays, 0 abstain
#23 RESOLVED: Cost associated with neighbor notification of the re-zoning application will be the responsibility of the re-zoning applicant.
Resolution for Fee for Dog License Replacement Tags:
DOG TAG REPLACEMENT FEE
RESOLUTION # 24
WHEREAS, The State of New York, Department of Agriculture, as of January 1, 2011 has transferred dog licensing to the local Government level,
WHEREAS, residents are now required to obtain a new Dog License Tag when their dog license is renewed,
WHEREAS, The Town of Brant will furnish the first tag at no cost,
WHEREAS, any owner who loses their original tag, must purchase a replacement tag at the cost of $3.00 per tag
.
THEREFORE BE IT RESOLVED, The Town of Brant Town Board adopts the dog tag replacement fee of $3.00 per tag, as contained in this Resolution #24, this 11th day of January 2011 to be effective January 1st, 2011.
Supervisor Pero moved for the adoption of the following motion #26, Motion seconded by Councilman Kujawinski. Roll Call Vote: Pero-aye, Kujawinski- aye, Gier ? aye, Borngraber ? aye. 4 Ayes, 0 Nays, 0 Abstains
#24 RESOLVED: The Brant Town Board adopts $3.00 as the cost of Dog License replacement tags.
Resolution for $35.00 Spay/neuter Deposit for adoption of dogs from Brant:
SPAY AND NEUTER FEE FOR ADOPTED DOGS
RESOLUTION # 25
WHEREAS, The State of New York, Department of Agriculture, as of January 1, 2011 has transferred dog licensing to the local Government level,
WHEREAS, the Town of Brant Dog Shelter, from time to time will adopt out seized dogs,
WHEREAS, New York State Department of Agriculture requires any adopter of any unspayed or un-neutered dog to pay a spay/neuter deposit, refundable if proof of spay/neuter is presented to the DCO or Town Clerk within 90 days of adoption,
WHEREAS, Spay and neuter fees will be held by the Town Clerk for 90 days, and upon expiration of the 90 days, such fee will be submitted to the NYS Spay/neuter program.
.
THEREFORE BE IT RESOLVED, The Town of Brant Town Board adopts the dog adoption spay and neuter fee of $35.00 per un-altered dog, as contained in this Resolution #25, this 11th day of January 2011 to be effective January 1st, 2011.
Supervisor Pero moved for the adoption of the following motion #25, Motion seconded by Councilman Gier. Roll Call Vote: Pero-aye, Gier- aye, Kujawinski ? aye, Borngraber ? aye. 4 Ayes, 0 Nays, 0 Abstains
#25 RESOLVED: The Brant Town Board approves the Town Clerk to accept and hold for 90 days, the State mandated $35.00 spay/neuter fee for the adoption of unspayed and un-neutered dogs from its municipal shelter. This fee shall be refunded upon proof of spaying and neutering within 90 days of adoption. If no proof is shown within 90 days, each deposit will be forwarded to the NYS Spay/neuter program.
Association of Towns: Supervisor Pero read from the 2011 Training Schedule for NYC. ?The 2011 Training School and Annual meeting of this Association will be held at the Hilton New York & Towers, New York City, February 20-23, 2011. This is a training session for town officials?? Clerks note: All Board members were emailed this and other documentation on January 6.
S.I.T. Program: Supervisor Pero notified attendees that a S.I.T. meeting will be held at the Senior Community Bldg on February 17, 2011 at 7:00 PM.
Resolution New York State Archives:
Supervisor Pero read from a resolution wherein the Town authorizes the Town Supervisor and Town Clerk to work together with Grant Writer Connie Miner to obtain funding from NYS Archives to create an inactive records storage center at the New Town Hall:
WHEREAS: The Town of Brant seeks grant monies from the New York State Education Department New York State Archives under the Local Government Records Management Improvement Fund to create an inactive records storage center at the new Town Hall; NOW, THEREFORE BE IT
RESOLVED, that Connie D. Miner & Co, the Town's grant consultants, be authorized and directed to complete the necessary application, forms, etc. to be submitted to the New York State Education Department State Archives for the purpose of securing this grant, and BE IT FURTHER
RESOLVED, that the Supervisor and Town Clerk be and hereby are authorized and directed to execute all documents pertaining to the application and acquisition of said funding.
Councilman Kujawinski moved for the adoption of the following motion #26, Motion seconded by Councilman Gier. Roll Call Vote: Kujawinski- aye, Gier ? aye, Pero-aye, Borngraber ? aye. 4 Ayes, 0 Nays, 0 Abstains
#26 RESOLVED: The Brant Town Board authorizes The Town of Brant Supervisor and Brant Town Clerk to work with Grant Writer Connie Miner and execute all documents pertaining to the application for funding by NYS Archives.
Southtowns Hazmat Contract:
Councilman Gier moved for the adoption of the following motion #27, Motion seconded by Councilman Kujawinski. Roll Call Vote: Gier - aye, Kujawinski- aye, Borngraber ? aye, Pero ? aye. 4 Ayes, 0 Nays, 0 Abstains
#27 RESOLVED: The Brant Town Board accepts the 2011 contract with Southtowns Hazmat.
CDBG ? Sidewalks. Pero announced the Town was not approved for the CDBG grant which would have been used to install sidewalks in front of the Town Hall. Only half of those included in the required survey responded, the project grant was denied.
Town Board and Other Reports:
Highway truck was received.
Email was received from Brian Campbell
Councilman Jeff Gier: Audit Central Processing
Councilman Gier moved for adoption of the following #28, seconded by Councilman Borngraber. Roll Call Vote: Gier ? aye, Borngraber ? aye, Kujawinski-aye, Pero ? aye. 4 Ayes, 0 Nays, 0 abstains
#28: RESOLVED: TO APPROVE Abstract 13 of 2010 and 1 of 2011
Abstract 13 of 2010 as listed below.
*Prepaid and unpaid as of January 11, 2011
Gen Fund Town wide Vouchers pd 518-520, unpd 521-553 Totaling: $18,781.34
Gen Fund ? Part Town unpd 42-43 Totaling: $9,056.81
Highway Fund T.W. Vouchers pd 113 $26.10 Unpd 114-123 Totaling: $10,894.14
Highway Part Town Vouchers: None
Capital Projects: Vouchers pd 7 Totaling: $160,091.00
Fire Protection District: None
Street lighting ? Voucher #12 Totaling $3,119.90
Highway Payroll PT 12/05/10 to 01/01/11 Totaling: none
Highway Payroll TW 12/05/10 to 01/01/11 Totaling: $11,122.97
General Town Wide Payroll 12/05/10 to 01/01/11 Totaling: $32,200.81
General Part Town Payroll 12/05/10 to 01/01/11 Totaling: $571.38
Abstract 1 of 2011
*Prepaid and unpaid as of January 11, 2011
Gen Fund Town wide Vouchers pd 1-7, unpd 8-16 Totaling: $10,338.88
Gen Fund ? Part Town Voucher pd #1 Totaling: $18.00
Highway T.W. Vouchers pd #1-3 Totaling: $8,118.54
Highway P.T. Vouchers pd #1 Totaling: $8,424.00
Fire Protection District: Vouchers #1 pd Totaling: $11,308.00
Brant Water Dist 1: Voucher pd #1 Totaling: $6,682.50
Two vouchers that did not make it on Abstract 1 of 2011 were approved separately. They are: Southtowns Hazmat $1,270.00 and Brant Farnham Seniors Rec. Org $5,500.00. These vouchers have been approved for payment on January 17 with the prepays for February?s abstract.
Supervisor Pero moved for adoption of the following #29, seconded by Councilman Kujawinski. Roll Call Vote: Pero ? aye, Kujawinski ? aye, Gier-aye, Borngraber ? aye. 4 Ayes, 0 Nays, 0 abstains
#29: RESOLVED: TO APPROVE payment of the above 2 vouchers to be paid with February?s prepays.
Councilman Gier moved for adoption of the following #30, seconded by Councilman
Borngraber. 4 ayes: Gier, Borngraber, Gier, Kujawinski. 0 abstain, 0 nays
#30 RESOLVED: TO ADJOURN THE JANUARY 11, 2011 MEETING OF THE BRANT TOWN BOARD at 8:40 PM
Supervisor Pero moved for adoption of the following #31, seconded by Councilman
Gier. 4 ayes: Gier, Borngraber, Gier, Kujawinski. 0 abstain, 0 nays
#31 RESOLVED: REOPEN THE TOWN BOARD MTG AT 8:55 PM TO CORRECT THE PLANNING BOARD APPOINTMENTS. CAROL BRODY WILL BE MOVED TO A MEMBER POSITION TO EXPIRE 12/31/17 AND DENISE LUNDELL WILL BE APPOINTED AS PLANNING BOARD ALTERNATE TERM 1/1/11 TO 12/31/11.
MEETING RECLOSED At 9:00 pm
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
