Minutes of the regular meeting with a Public Hearing for Community Development Block Grant of the Brant Town Board held on Tuesday October 9th, 2007 at 7:30 PM at the Brant Town Hall located at 1294 Brant North Collins Rd, Brant Erie County New York.
There were present:
Supervisor Leonard K. Pero, Councilman Jeffrey W. Gier, Councilwoman Roseann Turner , Councilman John J. Chiavetta, Recording Secretary: Town Clerk Thea A. Ells Attorney John Grennell
Record of Legible Sign In Attendance: Mike Felschow, Joseph Giambrone, Martin Rosiek, Lee Brunelli, Jean Brunelli, Dan Kujawinski, Peter F. Loretto, Alice Escott, Ron McPeek, Joseph Gardyjan, Brian Campbell, George Cordia Jr., Kirk Ritz, Timothy Kobel, Ron Kobel, Diane Czyz, Carolyn Rosiek, Christina Yohn, Tim Yohn, Dave Gierlinger, Christine Gierlinger, Charles Arrigo, Linda Crouse, Joseph DeCarlo, William Easterling, Tom Banzer, Tim Dodson, Brian Kauzala, Susan Jaworski, Scott Weaver, Bill Henry.
The meeting was called to order at 7:30 PM with a pledge to the flag led by Supervisor Pero.
Councilman Gier moved for the adoption of motion 223-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: TOWN BOARD MEETING MINUTES FROM SEPTEMBER 6 AND 11 ARE APPROVED
Councilwoman Turner moved for the adoption of motion 224-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: SUPERVISORS AUGUST 2007 FINANCIAL REPORT IS APPROVED
Supervisor Pero reported that Town Clerks and Justice Court financial reconciliation reports will be approved next month as they will be a month behind same as the supervisors report.
No Dog control report this month.
Councilman Gier moved for the adoption of motion 225-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: SEPTEMBER 2007 CODE ENFORCEMENT OFFICER?S ACTIVITY REPORT BE ACCEPTED
Councilwoman Turner moved for the adoption of motion 226-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: SEPTEMBER 2007 POLICE ACTIVITY REPORT BE ACCEPTED
Councilwoman Turner moved for the adoption of motion 227-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: SEPTEMBER 2007 TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED
Councilman Gier moved for the adoption of motion 228-07, seconded by councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: SEPTEMBER 2007 PLANNING BOARD REPORT BE ACCEPTED
Clerks note: All Department Reports are attached in Minute Book; financial reports are filed in respective offices.
ACKNOWLEDGMENT OF VISITORS was opened by Supervisor Pero.
Dan Kujawinski asked for correction to mileage total on Police report ? Turner will correct.
Kirk Ritz has not received an answer to question of what five arrests and convictions with the dog were made, and the cost of the dog. Pero stated the figures are wrong and the new budget will show services and programs that are taking into effect and the police officers salary. Attorney Grennell answered that juveniles were involved and the records of names need to be redacted.
Christine Gierlinger addressed Attorney Grennell concerning a letter which did not include enclosures. Attorney Grennell stated enclosures were for addressee of letter ? hers was a copy. Christine said she did not receive letters yet per her FOIL request- Grennell will assist after meeting. Christine asked how many hours Mile Felschow is scheduled to work a week, Answer - he is not on a schedule he is on a salary. Pero said that Grennan from Civil Service has met with Pero and stated that it is okay if part time officers go over 20 hours occasionally. Brant Police Department is in compliance with civil service.
Sam Lojacano asked for the board to invest in a speaker system. Other people agreed that it was hard to hear in the back.
Bill Henry thanked the Police Dept for an issue they took care of.
Councilwoman Turner introduced Chief Michael Felschow to those in attendance.
Turner apologized for the error in last months? report.
Stan Kijek asked why the Chief makes less than an officer. Pero answered that Hock is a specialized officer and that the dog is being used by our local school system, local agencies, and we are working with other agencies and mutual aid is improving in the area. Stan asked how often the dog has visited the Brant School.
David Gierlinger asked if the officers and dogs? certification have been verified. Pero said that the Comptroller?s Office was looking into all that. Pero commented that the previous board left the issue of a new chief of police for the new board to handle and commented on the process that the board did to hire the new chief. Pero commented on civil service issues, age, and budget issues to do with the chief position. Pero stated that prior administration did not update certification with civil service in many areas in the Town. The town has been working hard to comply with civil service. Pero mentioned some salaries and hourly problems with other applicants for the Chief position.
8:00 PM PUBLIC HEARING: Thea Ells read the following notice which she verifies was published in the Dunkirk Observer on September 29th, 2007and was posted at the Brant Town Hall from September 17th and on the town website starting September 19th. TOWN OF BRANT - NOTICE OF PUBLIC HEARING -
THE TOWN OF BRANT will hold a Public Hearing on Tuesday October 9th, 2007 at 8:00PM at the Brant Town Hall, 1294 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development Funds in the Town of Brant. THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended. THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant. CITIZENS ARE URGED to attend this meeting to make known their views and/ or written proposals on the Town of Brant?s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program. THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible. Those needing special arrangements should call the Town of Brant at (716) 549-0282. By order of the Brant Town Board Thea A. Ells, Brant Town Clerk Dated September 19, 2007
Supervisor Pero asked for any suggestions: He explained that we are allowed to rank three requests and those are ranked 1, 2, & 3 and then the projects are reviewed, if we fall into the points schedule with a high score. The Board had discussed and received an estimate for a project which would place steps in the pool for easier access but that project did qualify. Lee Brunelli asked for the Board to rank Rural Transit on the request. Dan Kujawinski questioned how the data is acquired for the low and moderate income status in the Town. Pero said they have a committee which looks at an array of information which is compiled. The committee also looks at projects which have been denied. Supervisor Pero said he was suggesting funding an economic master plan for Route 5 and Route 20 and the lake corridor to help plan where water should go etc. to help developers and to actually see what can be done. Farnham also has a playground which is a recurring Park Phase 1 completion project. Pero said we would place their #1 project as our #2 and then Farnham would place our#1 as their #2 to hopefully help with the point system.
Councilman Gier moved for the adoption of motion 229-07, seconded by Councilman Chiavetta 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays
ADOPTED: TO CLOSE THE PUBLIC HEARING
Councilman Chiavetta moved for the adoption of resolution 100907-#230, seconded by Councilman Gier, to adopt RESOLUTION100907-#230 AUTHORIZING SUPERVISOR PERO TO SIGN, SUBMIT AND EXECUTE A CONTRACT WITH ERIE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE FOLLOWING PROJECTS UPON APPROVAL IN ORDER:
1) ECONOMIC MASTER PLAN FOR ROUTE 5 AND ROUTE 20 AND THE LAKE CORRIDOR
2) FARNHAM RECREATION PARK PHASE 1 PROJECT
RURAL TRANSIT FUNDING SUPPORT
A Roll Call vote was taken:
4 AYES 0 NAYS CDBG RESOLUTION 100907--#230
Councilman Chiavetta Aye
Councilman Gier Aye
Councilwoman Turner Aye
Supervisor Pero Aye
Supervisor Pero continued the acknowledgment of visitors by recognizing Azalia Niedziela. Azalia asked what position Dave Hock holds and she said he presented himself as Chief to her last week. Pero answered that no she will need to speak to Chief Felschow.
Acknowledgment of Visitors was closed.
PROJECT REVIEWS:
Senior Community Building: Supervisor Pero reported that the television has been delivered and we may paint the ceiling.
Sidewalks: is complete for what work we had money for and will have to contract for completion (original approved bid did not include prevailing wage) and monies are in the budget for next year to continue on Brant Reservation Rd.
Basketball/tennis Combo Courts- Project is done and children are already using it, sealer and striping will be done next year.
Town Hall: Gathering estimates for windows and possibly a lean-to garage for a police vehicle.
SWR Water Consortium: Pero attended a meeting with USDA in Painted Post on September 26th to discuss funding (grant) options. We do need North Collins to agree to the project also for the Town to be able to afford. Pero spoke
considerations such as; ?in house? construction.
Energy Park: Contract has been signed and work has started.
Town Park: The highway men have cleaned up the brush between the properties and will be working on driveway and parking lot next.
Memorial Park: Pero announced Post Memorials will be sold at $100.00 each and will fund chimes for Clock. Contact Supervisors Office.
Budget Schedule: 9/30/07 Tentative to Town Clerk - 10/4/07 Workshop - Clerk presented 2008 tentative budget at 7:30 PM, tonight review and make alterations and we will adopt the preliminary budget and we will set the Public Hearing for 11/8/07 and we can vote on budget 11/13/07 and have approved by 11/20/07 for the deadline to send to County.
Review: approximate 5% increase for all employees, increases to parks, sidewalks, seniors citizen?s, vehicle for Highway, police vehicle, and no control over increases in refuse, street lighting, fire district contracts, and ambulance. Fund balance at the end of the year should be very healthy. With figures from the tentative budget the following is an example of a property value of $100,000.00 examples are - general town wide tax 2007, was $476.30 ? 2008, $481.71 aprox. $5.00 increase; highway 2007, $99.78 ? 2008, $99.10- decrease of $.68; fire budget 2007 was $ 204.92 2008, 211.77 - increase of $7.00, street lighting was $27.21 this year $30.58; Total for a $100,000.00 property 2007, was $808.21 in 2008 it may be $823.16 an increase of $14.95 for the year. Water District has a decrease. Pero made a statement concerning the positive impacts of the town board, grants, police, accountant, assessors, town clerk, highway and the dedicated work of all elected officials and employees. We have a healthy fund balance and feel the entire community benefits and employees should have a 5% increase.
Discussion of Board: Gier reviewed: engineering - changed to $2,500.00; park contractual changed to $28,000.00; questioned workers comp amount, questioned unemployment amount, will amount shown cover increase ? okay.
Chiavetta wants to see monies allowed for technology - will show under building contractual, questioned reduction in retirement line. Monies for pool were questioned and discussed. Turner questioned 5% increase for employees and asked about increase in Supervisors secretary ? Pero stated he is adding another day to her hours. Turner states 5% too much- need to look at employee to employee. Gier questioned health insurance decrease. Turner asked about beautification - it is under Parks expenses.
Councilman Gier moved for the adoption of resolution 100907-#231, seconded by Councilman Chiavetta. A roll call vote was taken: 4 Ayes 0 Nays Gier ? Aye, Chiavetta ? Aye, Turner ? Aye, Pero ? Aye.
ADOPTED: TO ACCEPT CHANGES AND ADOPT THE PRELIMINARY BUDGET
Reports from Board Members:
Councilwoman Turner ? would like to continue helping in the Police Department till Chief Felschow is comfortable.
Pero: Senior Exercise Program will be Monday?s and Wednesday starting October 15 ? 9:30 am ? 10:15 am at the Senior Community Building - equipment is provided - $20.00 a month Some items need to be taken care of ? insurance, waivers, and town agreement.
Councilman Chiavetta moved for the adoption of resolution 100907-#232, seconded by Councilman Gier. A roll call vote was taken: 4 Ayes 0 Nays Chiavetta ? Aye, Gier ? Aye, Turner ? Aye, Pero ? Aye.
ADOPTED: AUTHORIZE SUPERVISOR PERO TO SIGN CONTRACT WITH TOWN OF HAMBURG FOR THE EXERCISE PROGRAM.
Councilman Chiavetta moved for the adoption of resolution-#233, seconded by Councilman Gier. 4 Ayes Chiavetta Gier Turner Pero 0 Nays
ADOPTED: TO REAPPOINT MICHAEL GREEN A PART TIME PATROLMEN
Senior/Community Building Rededication is October 13 @ 1:00 PM ? Senator Volker will be in attendance ? please come and show our thanks and support
South Town Energy Fair - Pero read from correspondence showing many thanks and comments ? the fair was a great success ? approximately 250 people attended ? Bill Henry thanked the town for hosting the fair, and commented on the progress of no sales tax for home energy projects, etc.
Pero recognized Lt. J. D. Jamison hailed as 1st Annapolis Graduate from the Seneca Nation.
Immunization: Pero announced an Immunization (FLU shot) Clinic to be held at the Brant Senior Community Building on October 20th from 12:00 noon till 4:00 PM by appointment (call 549-0301) and it will be held barring any problem with receiving the vaccine.
Announced a public forum meeting concerning safe storm water and is eligible for training requirements for planning and zoning members in Evans on Thursday October11th.
NEW BUSINESS:
Pero announced that Nathan and Adam Rizzo of Solar Liberty were impressed with the actions of the Town, and our efforts to support Solar Power. He received a project proposal from Solar Liberty; S.L. is members of various NY Associations for Solar Power. The proposal is submitted to the Town of Brant for a project proposal for a power generator distribution system for the Brant Highway Garage installed. Start and complete dates will be announced. Pero reviewed some highlights of the proposal. The owner will have no cost of project, NYCERDA?s portion of the project which is granted to the installer is $132,520.00 and the installer is donating $42,000.00 for installation and service: Total project is valued at $174,720.00.
Councilman Gier moved for the adoption of resolution 100907-#234, seconded by Councilman Chiavetta. A roll call vote was taken: 4 Ayes 0 Nays Gier ? Aye, Chiavetta ? Aye, Turner ? Aye, Pero ? Aye.
ADOPTED: AUTHORIZE SUPERVISOR PERO TO SIGN CONTRACT WITH SOLAR LIBERTY FOR SOLAR POWER AND DISTRIBUTION SYSTEM ON THE BRANT HIGHWAY GARAGE AFTER REVIEW OF TOWN ATTORNEY
Councilman Chiavetta moved for the adoption of resolution-#234, seconded by Councilwoman Turner. 4 Ayes Chiavetta Gier Turner Pero 0 Nays
ADOPTED: TO ACCEPT THE RESIGNATION OF DEPUTY CLERK GINA DEMARIA
Councilwoman Turner moved for the adoption of resolution-#235, seconded by Councilman Gier. A roll call vote was taken: 4 Ayes 0 Nays Turner ? Aye, Gier ? Aye, Chiavetta ? Aye, Pero ? Aye.
ADOPTED: APPROVE APPOINTMENT OF DEPUTY CLERK PER TOWN CLERKS RECOMMENDATION: TO FINISH THE YEAR TERM @ $10.05 PER HR
Refuse contract: Meeting scheduled with Mayor Caber, Tim Adamczak from Westfield and Supervisor Pero for October 19th.
PROCLAMATION: HALLOWEEN SHALL BE OBSERVEDWEDNESDAY OCTOBER 31ST, 2007 ONLY BETWEEN THE HOURS OF 6:00 PM AND 8:00 PM FOR ?TRICKS OR TREATS? RESIDENTS ARE REQUESTED TO LEAVE AN OUTSIDE LIGHT ON BETWEEN THESE HOURS TO HELP INSURE THE SAFETY OF OUR CHILDREN AND TO SHOW WILLINGNESS TO PARTICIPATE IN THE CELEBRATION OF HALLOWEEN.
Supervisor?s Proclamation
WHEREAS, much of our town?s rich and diverse heritage is contained in the documents and records created by and for its people; and
WHEREAS, state and local governments, religious and medical institutions, colleges and universities, libraries, historical societies, museums, businesses, and families throughout the Empire State have established archives as a means of preserving our written history; and
WHEREAS, these archives collectively contain unique materials, ranging
from hand-written letters and diaries to typewritten manuscripts, photographs,
videotapes, and modern electronic data systems; and
WHEREAS, our Town of Brant Historical Society and our Town Clerk/Records Management Offices are dedicated to responsibly
preserving the historical word, maintaining records in the public trust, and making
those records available for study and appreciation and
WHEREAS through these archives, future generations of Brantonian?s and interested parties can more accurately study the past, learn from the accomplishments of their predecessors, trace their ancestors, understand their community?s pride of place, confirm property rights, and maintain laws, while celebrating the history of our Town.
NOW, THEREFORE, I, Leonard K. Pero, Supervisor of the Town of Brant
do hereby proclaim
October 2007 as ARCHIVES MONTH
throughout the Town of Brant and encourage all Brantonian?s to discover the rich treasures contained in our historical and Archival records and we thank all of those that have donated not only pictures and records but also their time and efforts to keep our Historical Society active.
Councilman Gier moved for the adoption of resolution-#236, seconded by Councilman Chiavetta A roll call vote was taken: 4 Ayes 0 Nays Gier ? Aye, Chiavetta ? Aye, Turner ? Aye, Pero ? Aye.
ADOPTED: AUTHORIZING SUPERVISOR PERO TO SIGN CONTRACT/ AGREEMENT WITH EVANS BRANT SCHOOL DISTRICT TO PURCHASE SALT/GRIT MIX AT THE PRICE OF $18.75 PER TON, AS IN YEARS PAST, FROM THE TOWN OF BRANT.
CORRESPONDENCE
Pero announced that Cornell Extension is having Town speaker sessions at the Senior Community Building on the second Saturday each month starting November 10th from 10AM till 12 Noon ? first subject will be on energy, next budgeting, etc.
Pero read:
Public notice 30-day period for inclusion of lands into and agricultural district The Erie county legislature on September 30th 2004 designated November 1st through November 30th as the annual thirty day period during which land owners may submit requests for the inclusion of predominantly viable agricultural land within an existing certified agricultural district as per New York State Agricultural and Markets Law Section 303-b
The Erie County Department of Environment and Planning (Room1063) at 95 Franklin Street Buffalo New York 14202 will accept applications for addition into an agricultural district.
Applications are available at our Town Clerks Office and posted in Town Hall. If you have any questions or problems concerning the 30 day period process please contact ECDEP Planner John Opalka at 716-858-6229
Erie County Association of Governments was September 27th Pero missed but the DART program was discussed which included emergency preparedness such as generators, drop off of cots, etc. Sales tax was discussed as the existing arrangement may be changed and will affect our percentage.
Received letter from Real property services that Brant will again receive an Excellence in Equity award. Pero thanked the assessor Joe DeCarlo and clerk Janet Bowman.
Received a letter from Senator Mary Lou Rath, confirming receipt of our resolution supporting reform of school property tax.
Received letter announcing Burger Award to TLC Hospital.
Letter from Mayor of North Collins concerning insurance certification for fire protection.
Letter from DOT confirming placement of yield due to blind person area on Brant Farnham Road.
Mentioned receipt of various resolutions from different towns.
Pero commented that money generated from windmills will reduce town taxes we will be unique in that we would own the units, besides the methane and solar options also. Quinn and Volker have commented that we are looking to the future. Pero commented on rates, NYCERDA, and how businesses will be attracted to no or low taxes.
Received Evans Brant Chamber of Commerce newsletter ? Posted.
Councilman Chiavetta moved for the adoption of resolution-#237, seconded by Councilwoman Turner A roll call vote was taken: 4 Ayes 0 Nays Chiavetta ? Aye, Turner ? Aye, Gier ? Aye, Pero ? Aye.
ADOPTED: TO SET THE PUBLIC HEARING FOR THE 2008 BUDGET AT 8:00 PM THURSDAY NOVEMBER 8TH
Councilman Chiavetta moved for the adoption of resolution 238-07, seconded by Councilwoman Turner A roll call vote was taken: 4 Ayes 0 Nays Chiavetta ? Aye, Turner ? Aye, Gier ? Aye, Pero ? Aye.
ADOPTED: TO APPROVE THE OCTOBER ABSTRACT AS SHOWN FOR PAYMENT
General Fund Town wide
Vouchers 405-446
Totaling: $48,732.58
Street lighting
Voucher 9
Totaling: $2,202.51
General Fund ? Part Town
Vouchers 18-19
Totaling: $ 11,202.50
Highway Town wide
Vouchers 79-83
Totaling: $290.02
Highway Part Town
Voucher 20-24
Totaling: $7,633.31
Lotus Bay Sewer Dist #1
Voucher 2
Totaling: $ 4,800.00
General Town wide Payroll-ending 10/05/07
Totaling: $24,238.29
General Part Town Payroll ending 10/5/07 Totaling;$620.27 2007 Capital Park Project
Voucher 16-18
Totaling: $13,310.00
Highway part Town Payroll ending 10/5/07
Totaling: $6970.54
Special Fund Grant Memorial Park- CDBG
Voucher 18-21
Totaling: $2,281.32
Councilman Gier moved for the adoption of resolution 239-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: ADJOURN THE OCTOBER 9th REGULAR BOARD MEETING AT 9:10 PM.
Respectfully submitted
Thea A. Ells
Brant Town Clerk
