Minutes of the Regular Town Board Meeting held on Tuesday August 12th , 2008, at 7:30 PM, and workshop @ 7:00 PM @1294 Brant NC Road, Brant, New York at the Brant Town Hall.
Present: Supervisor Leonard Pero, Councilman Roseann Turner, Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Attorney John Grennell, Recording Secretary: Town Clerk Thea Ells
Record of Sign In: Debra Ritz, Rick Dole, George Cordia, Lee Brunelli, Jean Brunelli, Jim Shea, William Easterling, Charles Arrigo, Brian Campbell, Brian Rott, Christine Gierlinger, Dave Gierlinger, Michele Kujawinski, Joseph DeCarlo, Mike Boismenu, Penny Boismenu.
A workshop was held before this meeting and was attended by board members at 7:00 PM. The Board members reviewed vouchers, discussed project updates. No formal votes taken.
The meeting was called to order by Supervisor Pero at 7:30 PM with a pledge to the flag. Thea Ells verified notice in the Town Crier was published with a list of meetings for the year.
Councilman Turner moved for adoption of the following 243, seconded by Councilman Kujawinski, 4 ayes: Pero, Turner, Gier, Kujawinski 0 nays
243: RESOLVED: TOWN BOARD MEETING MINUTES FROM JULY 8TH MEETING ARE APPROVED
Councilman Kujawinski moved for adoption of the following 244, seconded by Councilman Gier. 4 Ayes Pero, Turner, Kujawinski, Gier: 0 nays
244: RESOLVED: SPECIAL TOWN BOARD MEETING MINUTES FROM AUGUST 7TH MEETING ARE APPROVED
Councilman Turner moved for the adoption of following 245. Motion was seconded by Councilman Kujawinski. 4 ayes: Pero, Turner, Kujawinski 0 nays
245: RESOLVED SUPERVISORS JUNE 2008 FINANCIAL REPORT IS APPROVED
Councilwoman Turner moved for adoption of the following 080812-246, seconded by Councilman Gier. A roll call vote was taken: Turner-aye, Gier ? aye, Pero-aye, Kujawinski-abstain, 3 ayes, 0 nays, 1 abstain
080812-246: RESOLVED To approve the following Budget Modifications recommended by the Town Accountant
$ 1,070.00 from A1680.2 Central Data Processing-Equip(Town Network) $ 1,069.46
$ (1,070.00) to A1680.41 Central Data Processing-Contr Expend(Town Network)
General Fund Part Town(B)
$ 6,500.00 Increase B599 Appropriated Fund Balance
$ (6,500.00) Increase B960 Appropriations
$ (6,500.00) Increase B9901.9 Transfer to Other Funds
* To increase the 2008 Budget and related expenditure account to provide funds to the Highway Part
Town Fund due to the increased costs of materials needed to complete road repairs in process.
Highway Fund Part Town(DB)
$ 6,500.00 Increase DB510 Estimated Revenues
$ (6,500.00) Increase DB960 Appropriations
$ 6,500.00 Increase DB5031 Interfund Transfers
$ (6,500.00) Increase DB5110.4 General Repairs-Contr Expend
* Budget modification to provide additional funds per discussion with Highway Superintendent.
Councilman Gier moved for adoption of the following 247, seconded by Councilman Kujawinski 4 ayes: Pero, Gier, Turner, Kujawinski 0 nays
247 RESOLVED: JUNE TOWN CLERK?S FINANCIAL RECONCILIATION REPORT AND FINAL TAX COLLECTION REPORT BE ACCEPTED
Supervisor Pero moved for adoption of the following 248, seconded by Councilman Turner. 3 ayes: Pero, Gier, Turner, 1 abstain Kujawinski 0 nays
248: RESOLVED: JUNE 2008 JUSTICE GUGINO FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED
Pero inquired of Kujawinski reason for abstain ? Kujawinski stated till an audit is done and yes audit is needed for 2007.
Councilman Turner moved for adoption of the following 249, seconded by. Councilman Gier 3 ayes: Pero, Gier, Turner, 1 abstain Kujawinski 0 nays
249: RESOLVED: JUNE 2008 JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED
NO JULY CODE ENFORCEMENT OFFICER?S ACTIVITY REPORT DUE TO ILLNESS
Supervisor Pero moved for adoption of the following 250, seconded by Councilman Turner 4 ayes: Pero, Gier, Turner, Kujawinski 0 nays
250- RESOLVED: JUNE AND JULY DOG CONTROL OFFICER?S ACTIVITY REPORT BE ACCEPTED
Councilman Turner moved for adoption of the following 251, seconded by Councilman Kujawinski. 4 ayes: Pero, Turner, Kujawinski 0 nays
251: RESOLVED: JULY POLICE ACTIVITY REPORT BE ACCEPTED
Supervisor Pero moved for adoption of the following 252, seconded by Councilman Kujawinski. 4 ayes: Pero, Gier, Turner, Kujawinski 0 nays
252: RESOLVED: JULY TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED
NO JULY PLANNING BOARD REPORT AS NO MEETING
Acknowledgement of Dignitaries and Invited Guests: None
OLD BUSINESS:
Projects updates:
Town Park Well: Pero reported that he received a letter from Erie County Health Dept concerning barium and iron levels ? posted signs for water customers.
SW Regional Water Project: Pero reported that he is meeting with CRA and North Collins and by the end of September we will know our hardship status for funding. Pero spoke about the creation of Brant Water District 1 and the estimated costs of project at this time $6.90 per thousand for 30 years).
Sidewalk: Paving finished ?Pero reported the need for volunteers to do edging ? length of sidewalk shortened due to cost.
Solar Panels Installed ? Open House on Sunday August 24th 1:00- 3:00 PM Highway Garage and Senior Community
Police Vehicles ? Pero reported that the Town received $8,225.00 for the police car ? and has rec?d one Crown Vic with equipment and a Ford Expedition
Senior Recreation ? monies have been distributed to the organization.
PC ? Police Department ? updating an old computer instead of purchasing new.
Park Bench painting is almost done thorough out town.
Park expansion: two access roads are done, parking lot almost done, walking path starting soon ? Kujawinski asked how is budget ? Pero fine
Legislator Bob Reynolds is helping with bridge in park - Pero stated he got more millings at a cheap price.
CDBG Grant ? has been approved waiting for county contract
New Town Hall ? feasibility study started & next meeting is 18th
501C3 Corporation: meetings are ongoing and survey taking place- info available on IDA
Energy Park ? will be setting up meetings with developers
Energy Fair ? Sept. 20th at Brant Fire Hall
Boys and Girls Club ? named Lake Shore Boys and Girls Club for area communities
Town Wide storm drain issue ? ditching has become problem as farmers are not cleaning out ? need to look into easements and budgeting for ditch work ? looking into grants ? county is not responsible for anything other than on the road said Pero.
Ad Commerce Project ? Pero met with Tynsdale and Murray and they are excited after the presentation by Pero for agriculture help to community ? will meet with Pero after Fair to set up committee this would be at county level.
Winter Recreation should begin again as in years past possibly ski trips etc.
NEW BUSINESS:
Next Meeting ? Pero announced that due to Primary Day being September 9th the meeting will be set for Wednesday September 10th. (clerks note ? meeting was changed to 9/16 due to court scheduling)
Uniform Justice Act: Pero read from a letter concerning audit of court records ? also conversed with the office ?Susan Winters - it is not necessary for formal audit ? audit committee may use checklist. Town Accountant will review options and make recommendation. Kujawinski reported that accountant was to let him know- Pero said there is no hurry. Pero said when audit & control was here they did a partial audit of the town.
Councilman Kujawinski moved for adoption of the following 080812-253, seconded by Supervisor Pero. Roll Call Vote: Kujawinski- aye, Pero-aye, Turner - abstain, Gier ? aye. 3 Ayes, 0 Nays, 1 Abstains
080812-253-RESOLVED: To advertise for bids for an audit of Brant Court Financial Records for the year 2007 as required by the Uniform Justice Act.
May resolution: Pero read a memo from Town Accountant Richard Gryska concerning pre paid vouchers and town board approval of vouchers, quoting town law for accounting. Kujawinski commented that opinion was asked for earlier this year before board action and that list seemed to be in accordance with law. Discussion followed.
Supervisor Pero moved for adoption of the following 254, seconded by Councilman Gier. 4 ayes: Pero, Gier, Turner, Kujawinski 0 nays
254: RESOLVED: TO TABLE ANY ACTION ON MAY RESOLUTION CONCERNING PRE PAY VOUCHERS TILL FURTHER INQUIRY IS MADE.
Unified Court Assistance Grant:
The following resolution #080812-255 was offered by Supervisor Pero of the Town of Brant, who moved its adoption:
Whereas: The Justice Court Assistance Program was established by the New York State Legislator as an ongoing vehicle by which the State can assist Towns and Villages in the operation of their Justice Courts;
Whereas: The State of New York Unified Court System is entertaining applications for the Justice Court Assistance Program with an August 31st, 2008 deadline;
Be It Resolved: That the Town Board of Brant does hereby authorize Supervisor Pero to prepare, sign and submit a grant application entitled:
NYS UNIFIED COURT SYSTEM JUSTICE COURT ASSISTANCE PROGRAM and if awarded, to be the official representative in connection with the application, providing any additional information, if required, and to fully comply with the execution of the contract.
Councilman Kujawinski seconded the motion.
Roll Call Vote: Pero-aye, Kujawinski- aye, Gier ? aye, Turner ? aye. 4 Ayes, 0 Nays
Police Chief Position:
Pero reported that the Board interviewed three candidates for Chief position and the Erie County Sheriff?s Captain Rankin for a patrol program with them on August 7th which shall be discussed at a meeting being set by Supervisor Pero for August 19th @7:00 PM. Pero commented on shared incentive programs the town is involved with and the continuation of shared services to save money, one program is the Erie County Sheriff patrol program. Pero read a prepared statement to the audience concerning: costs of dispatch with Evans and free from Erie County, reports recorded and filed by them, under their direction, and no incidents with chases, Pero gave a quote of $38,000.00 which is in the budget for the plan and many more services. Pero asked board members to review information; Gier said no written information to review. Comments and discussion followed from Chief Felschow, Kirk Ritz, and Clark Borngraber. Kujawinski commented on time frame of decision, and sheriff patrol information shared during executive session. (Clerks note: meeting was changed to 8/22 @ 6:00 pm by Supervisor.)
Assessor Office:
Supervisor Pero stated that the town has been raped by the 27% increase in assessments and by not rolling back the roll as done in Cicero. Pero has spoken with NYSORPS and that their advice is to join in County Cap #1.
Pero asked for a public hearing for assessment issue of joining County Cap #1, and getting rid of our assessors department and getting another $7.00 per parcel for the Town and we would save about $10,000.00.
Supervisor Pero moved for adoption of the following 256 request for a public hearing for change to County Cap #1. , seconded by Councilman Turner 2 ayes: Pero, Turner, 2 nays: Gier, Kujawinski.
Kujawinski and Gier questioned the rush and the need for information for the Board before they are asked to address the public on these issues. Pero requested some residents not to speak as interrupting. Pero spoke further to do with term of assessor, who has control, Board appointed assessor for six year term, and removal of assessor office. Pero allowed some residents to speak. Assessor DeCarlo spoke and said if he had rolled back the roll when requested, two weeks before due date the state would have taken over. Pero allowed Mr. Pinker to speak on assessment issues with his land and issues with personnel.
COMMITTEE REPORTS:
Employees Benefit Committee: Councilman Turner submitted a rough draft, the board will review it at the Special Mtg planned for the 19th.
Fire & Ambulance Contract Committee Councilman Turner stated August 24th with Farnham Fire would have to be rescheduled. Committees meet with Brant on the June 21st.
Energy Committee: Supervisor Pero reminded the Board that there would be an Energy Fair Meeting at the Senior Community Bldg and the Energy Fair would be held at the Brant Fire Hall on September 20th.
Refuse Committee Councilman Kujawinski stated that he met with Tim Adamczak at Westfield Disposal on the 24th of July. He learned that due to increased fuel costs, the cost of refuse was going to increase. Kujawinski reviewed some options that were considered to keep cost down. He added that at this point in time, he had not received a new contract. He questioned if the contract had expired, and if so, it would have to be re-bid. Discussion followed regarding the term of the contract. Pero suggested Terry Caber sit in on any future talks regarding refuse contracts.
Town Hall Committee: Pero announced the next New Town Hall Committee meeting will be the 18th of August. Town Clerk recapped what was discussed at the previous meeting. She mentioned discussion on the Feasibility Study, which should include comparing a proposed joint site in Farnham for Farnham and Brant, and the Brant Town Park site to be used by Brant.
Other Reports:
Town Equipment Marking: Councilman Kujawinski mentioned the new legislation that requires all Town equipment to be labeled accordingly. Per the recommendations of Councilman Fullone, based on his experience marking equipment, Councilman Kujawinski suggested Decals be used, since they can be removed.
Recreation: Supervisor Pero announced that 140 Children participated in the Brant Recreation program this year. 70 were residents and 70 were not. There was to be a party with a Dunk Tank for the close of the program.
Pool open till Labor Day.
Supervisor Pero moved for adoption of the following 256, seconded by Councilman Gier. 4 ayes: Pero, Gier, Turner, Kujawinski 0 nays
256: RESOLVED: The hiring of two new lifeguards as they were hired after the last meeting. Tony Puntillo and Bethany Davis.
Winter Recreation Program ? Pero asked board to consider this.
Skate Park Company will come out next year for park project.
LSYF has a study for lights and reported that National Grid will upgrade electric and LSYF. LSYF would like to donate a concession stand on block with equipment for their use during season and for us to use as lease, use for baseball, recreation etc. Gier - will have to meet Health Dept codes.
Recreation Bldg may be helped by macker pads ? Pero will look into costs.
Memorial Park benches are done and some more picnic tables in park yet to be done.
Town Board Reports:
Turner: issues covered earlier
Gier: Gier stated that the Police Department issues have been ongoing and need not be as the board has a qualified person for the job-
Councilman Gier moved for adoption of the following 257, to permanently appoint Michael Felschow as Brant Chief of Police, seconded by Councilman Kujawinski. 2 ayes: Gier, Kujawinski 2 nays: Pero, Turner. Motion defeated.
Kujawinski: some Vouchers are not complete ? preauthorization is not complete for expenditures over limits. Vouchers need to be filled out properly, and asked why vouchers to CRA are from last year and in such amounts which includes unexplained services for professionals, and airfare etc. for a project which was to last a couple months . Kujawinski has concerns that New York State may not fully fund grant. Pero responded that energy monies to CRA are from a grant from Volker which included studies for several sites and the scope of the project changed several times. All expenses will be spelled out in report from CRA. Pero said sites have changed and we are looking at site in Farnham also. CRA bills for the park project. Kujawinski referred to alerts in School districts concerning state monies and stated we should be fiscally conservative. Pero said no recent projects have cost local taxpayers. Kujawinski stated we are getting late fee charges. Pero stated charges were taken off. Kujawinski started stating concern for who was spending monies for Local 17 workers at the park and Pero said he had arranged for free work and the town should be willing to provide break food.
Pero: Seniors report read by Pero. HSBC would like to perform a presentation for remote deposit capture for checks ? they have presented to Pero their fees and current rates and offers for Town monies. Storm water distribution problem on Milestrip ? Pero is trying to get surveys and Okays? to perform work on properties. Pero read letter which was sent to local business?s from the Brant Farnham Economic Development Corporation to see interest locally for business loans. Brant Farnham Economic Development is asking for the Town to loan at no charge their contracted grant writer for grant work for the corporation.
Supervisor Pero moved for adoption of the following 257, seconded by Councilman Gier. 4 ayes: Pero, Gier, Turner, Kujawinski 0 nays
257: RESOLVED: Board to approve the loaning of contracted grant writer Connie Miner to perform duties for the Brant Farnham Economic Development Corporation at no added expense to the Town, duties shall not interfere with Town work and this arrangement is for up to six months.
Corporation project with Farnham ? waiting for contract. Town Park Expansion: Access from 249 to millings is done and parking lot for LSYF is almost done and will accommodate about 100 cars. Walking path will be done next; Local 17 is doing a great job and the town is saving a lot of money. Extra dirt will be distributed throughout park. Senior Community Building ? waiting for video hookup of equipment for power point. Sidewalk starting tomorrow, police vehicles will be ordered. Worker is doing tables and now has to work around recreation and rentals. Senior pool program with silver sneakers was not feasible for cost. Water Project ? North Collins is continuing study. We need to look at the recreation building as we have issues with the gym. Boys and Girls Club next meeting at Most Precious Blood. Energy projects - windmill study is ongoing, solar panels are installed on highway and very soon on Brant Fire Dept building. New Town hall committee has been meeting and is having a feasibility study and shared incentives looked into with village. Applied for phase 2 of Park expansion grant asking for extension of walking path, shelters, frills, new access road from rear of park, exercise stations, and if we do not receive grant we will budget for some of these items next year. Town equipment needs to have labels (painted, magnet) identifying ownership. Fullone and Kujawinski will work on this.
Correspondence:
Correspondence from Erie County legislature concerning resolution confirming our Brant Evans Agriculture District and Boundaries.
List of seminar classes for planning and zoning boards which will be available and will be distributed to members.
Town of Lancaster announced and invited to participate in a county wide emergency preparedness event.
Correspondence concerning electric distribution, NYCERTA, Evans Chamber of Commerce ? What?s Happening and Rural Transit.
Kujawinski shared letter from Joyce Ellis concerning rental of park grove and her complaints and concerns after many years of renting without problems, - high grass, weeds, grove condition, bees, and port a johns. Pero stated never received and will call her.
NEST: Received proposal from company concerning pick up of appliances. Kujawinski informed of law for tire and oil return to wherever you purchase tire and oil.
Meetings:
Pero listed his attendance at various gatherings and meetings.
Announced conference tomorrow concerning Village Mayors response to Kevin Gaughn.
Councilman Turner moved for adoption of the following 081208-258, seconded by Supervisor Pero. Roll Call Vote: Turner - aye, Pero-aye Gier ? aye, Kujawinski- aye. 4 Ayes, 0 Nays, 0 Abstains
080812-258 RESOLVED TO APPROVE ABSTRACT 8 0F 2008 FOR PAYMENT CORRECTED after board approval
General Fund Town wide Vouchers:
pre paid #271-282 unpaid 283-324 void 298
Totaling: $52,494.49
General Fund Part Town Vouchers:
pre paid #15-18
Totaling: $21,648.39
Highway Town wide Vouchers:
unpaid 70-74
Totaling: $1,494.75
Highway Part Town Vouchers:
pre paid #20-25 unpaid #26-32
Totaling: $ 58,155.67
Street lighting Voucher:
pre paid 7
Totaling: $2036.31
2008 Capital Project Park Expansion Vouchers:
#6-7 unpaid #8-13
Totaling $6,161.57 void 12
General Town wide Payroll- 6/28 ? 8/2
Totaling: $42,038.27
General Part Town Payroll 6/28-8/2
Totaling; $ 554.40
Highway Town wide Payroll 6/28-8/2
Totaling; $3,911.46
Highway Payroll Part Town 6/28-8/2
Totaling: $50,373.48
Recognized Privilege of the Floor:
Supervisor Pero read from e-mail received from William Easterling of Surfside Dr. concerning standing water in ditch by his residence. Easterling states the problem has been ongoing and disagrees with Highway Superintendent solution. Pero stated he will look into.
Pero recognized questions concerning next special meeting, stating that the Town Board has issues they need to discuss without public input.
Pero recognized Joe Pinker who had issues with his assessment, mentioning his health and his disappointment with the staff and the process.
Councilman Turner moved for adoption of the following 259, seconded by Councilman Kujawinski. 4 ayes: Pero, Turner, Gier, Kujawinski 0 nays
259 RESOLVED: TO ADJOURN THE AUGUST 12th, 2008 MEETING OF THE BRANT TOWN BOARD AT 9:46PM
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
