Minutes: Town Board Meeting Tuesday March 8, 2011 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: John Schenne, Tom Flint, Charles Arrigo, Joseph Giambrone, Evie Mann, Rose DeMaria, Chad Kaczmarek, Marcy Muffoletto, Brian Rott, Debra Ritz, Lynda and Joe Ostrowski, Lee Brunelli, Donald Clark, Rick Snavely, Gary Brecker, Barbara Daniel, Brian Campbell
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 Gier moved to accept # 64 and was seconded by Councilman
Borngraber. 4 ayes: Gier, Borngraber, Kujawinski, Pero. 0 abstain, 0 nays
#64 RESOLVED: Approval of Town Board Meeting Minutes from February 1 and February 8, as submitted by Town Clerk
Councilman Gier moved for the adoption of the following motion #65 seconded by Councilman Borngraber. 4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#65 RESOLVED: To Approve Supervisors January 2011 Financial Report As Presented
Councilman Kujawinski moved for the adoption of the following motion 66, seconded by Councilman Gier Roll Call Vote: Kujawinski- aye, Gier ? aye, Pero-aye, Borngraber ? aye 4 Ayes, 0 Nays, 0 Abstains
#66 RESOLVED: Approve the following Budget Modification For The Period Ending December 31,2010 As Recommended By The Town Bookkeeper As Presented
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund Part Town (B0b)
$ 5.00 Decrease B1990.4 Contingent Account
$ (5.00) Increase B5010.4 Highway Administration Contr Expend 4.31
$ 701.00 Decrease B1990.4 Contingent Account
$ (701.00) Increase B8020.4 Planning Contr Expend 700.87
Councilman Gier moved for adoption of the following motion #67, seconded by Councilman Borngraber. 4 ayes. Gier, Kujawinski, Borngraber, Pero. 0 abstain 0 nays
#67 RESOLVED: Town Clerk?s January 2011 Financial Reconciliation Report
Councilman Gier moved for adoption of the following motion #68 seconded by Superviosor Pero. 4 ayes: Gier, Borngraber, Kujawinski, Pero. 0 abstain 0 nays
#68 RESOLVED: Justice Gugino / Justice Crouse January 2011 Financial Reconciliation Report (Bail & Regular) Be Accepted
CEO, Gary Brecker, read and summarized his February report. Gier questioned the Special use permit application and why cars were already advertised on property ? CEO said he would issue a cease and desist order ASAP, as he was unaware of activity. Borngraber shared that property has been commercial use of some kind for many years and is looking the best it ever has. Board members agreed procedure has to be followed for a special use permit.
Councilman Gier moved for adoption of the following motion #69 seconded by Councilman Borngraber. 4 ayes: Gier, Pero, Kujawinski, Borngraber. 0 abstain 0 nays
#69 RESOLVED: February 2011 Code Enforcement Officer Report Be Accepted As Presented. Summary: 15 Inspections, 3 court cases, 1 Meeting/Training attended, 0 Building permit issued.
DCO, Barbara Daniel, read and summarized her February report. Supervisor Pero read a letter from Animal Advocates of WNY commending Barbara and the Town for our record as a humane town and commended town for its effort in saving stray dogs from euthanasia.
Supervisor Pero moved for adoption of the following #70 seconded by Councilman Kujawinski. 4 ayes: Gier, Pero, Kujawinski, Borngraber. 0 abstain 0 nays
#70 RESOLVED: Dog Control Officer?s February 2011 Activity Report Be Accepted As Presented, Approved for DCO to attend training for Dog control issues. Summary: 2 dogs at large, 2 court cases
Councilman Kujawinski moved for adoption of the following #71 seconded by Councilman Borngraber. 4 ayes: Kujawinski, Gier, Borngraber, Pero, 0 abstain 0 nays
#71 RESOLVED: February 2011 Police Activity Report Be Accepted As Presented Summary: 4174 miles patrolled, fuel usage 336.3 gals, Arrests: Felony: 0, misdemeanor: 2, V&T: 147, Fire calls: 0, First Aid calls: 7, Criminal complaints: 5 non criminal: 14, Accidents with Injury: 00, Accidents without Injury: 6, property checks: 302. Please watch out for children playing on snow banks and persons walking in the roadways. 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.
Councilman Gier moved for adoption of the following #72 seconded by Councilman Kujawinski. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#72 RESOLVED: February 2011 Town Clerk Activity Report Be Accepted As Presented: MARCH TOWN CLERK CASH REPORT: Total monies rec?d: $1225.00, Town share: $610.05, NYS Health: $22.50, NY State Ag & Mkts: $33.00, NYS DECALS:$9.45, Security Deposits: 550.00
Thea reported on projects, bids, and contracts, insurance, dog licensing, reviewed correspondence shared with Board.
Planning Board Report: Meeting: February 2011
Councilman Borngraber moved for adoption of the following #73 seconded by Councilman Gier. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#73 RESOLVED: To Approve Planning Board Report of February 2011 meeting.
February Fire Reports: Gier rec?d from Farnham: 3 fire call and 17 first aid calls
Acknowledgement of Dignitaries and Invited Guests:
John Schenne engineer and clerk of the works for the New town Hall conversion introduced Tom Flint who works for the General Contractor hired for the project and addressed the Board and those in attendance.
10% of the demolition is complete, meeting room podium, stud walls are going up.
Outstanding items that need to be addressed: phone system wiring, and network wiring.
CDBG: 25% complete ? floor needs to be ordered
NTH: contract did not include handicap lift but a bid was put in for $17,000.00
Discussion continued on minor changes and asbestos report and minor work.
Supervisor Pero moved for the adoption of the following motion 74, seconded by Councilman Kujawinski Roll Call Vote: Pero-aye, Kujawinski- aye, Gier ? aye, Borngraber ? aye 4 Ayes, 0 Nays, 0 Abstains
#74 RESOLVED: Authorize change Order #1 as included in bid spec?s for handicap lift at New Town Hall and award to Ed Hulme General Contractor in the amount of $17,414.00.
Marcie Muffoletto spoke concerning Brant Fest 2011; date is set for Saturday June 18, at the Brant Town Park. Marcie spoke on ads in their brochure and costs. The Brant Summer Festival Committee is requesting the Brant Town Board to assist with advertising costs and port johns for the day.
Supervisor Pero moved for the adoption of the following motion 75, seconded by Councilman Borngraber and all. 4 Ayes, 0 Nays, 0 Abstains
#75 RESOLVED: To sponsor the Brant Summer Festival in the amount of $1250.00
for advertising costs and port a johns.
OLD BUSINESS:
FLN Radio Tower Application:
CEO Gary Brecker recommended a addendum to the spec?s for the access road and CEO will notify Erie County Emergency Services, and addendum to the SEQR which will be forwarded to the County Planning Board by CEO.
Grounds Contract:
Thea reported bid request advertised and bid opening is scheduled for March 29th at 2 PM.
Park Rules:
Councilman Kujawinski moved for adoption of the following #76 seconded by Councilman Gier. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#76 RESOLVED: To Table Rules for further review
Councilman Kujawinski moved for adoption of the following motion #77, motion seconded by Councilman Gier. Roll Call Vote: Kujawinski- aye, Gier ?aye, Pero- aye, Borngraber ? aye, 4 Ayes, 0 Nays, 0 Abstains
#77 RESOLVED: TO REMIT FOR RENEWAL FOR PRIME PUBLIC ENTITY INSURANCE COVERAGE FOR THE TOWN OF BRANT FROM EVANS AGENCY FOR 2011 TO BEGIN COVERAGE FEBRUARY 1, 2011 IN THE AMOUNT OF $30,569.01.
New Business:
Farnham Water Tower
Board members received correspondence from the Village of Farnham concerning quotes for the annual maintenance as well as repairs to the Cathodic Protection System and for draining and cleaning of the tower. Per the agreement with the Village the Town would pay half of cost.
Councilman Borngraber moved for the adoption of the following motion 78, seconded by Councilman Kujawinski Roll Call Vote: Borngraber ? aye, Kujawinski- aye, Gier ? aye, Pero-aye, 4 Ayes, 0 Nays, 0 Abstains
#78 RESOLVED: Approve to remit to the Village of Farnham $1,775.00 as indicated by quotes for water tower maintenance and repair after services are performed.
Supervisor Pero read a letter from Investigator Giacchino concerning his retirement and possible availability in the future for advisement.
Councilman Kujawinski moved for the adoption of the following motion 78, seconded by Supervisor Pero. Roll Call Vote: Kujawinski- aye, Borngraber ? aye, Gier ? aye, Pero-aye, 4 Ayes, 0 Nays, 0 Abstains
#78 RESOLVED: Investigator Giacchino letter is received, read and filed with gratitude with no action taken.
Cabinet Move:
Thea presented a quote for moving 15 ASR filing cabinets of $3,000.00. These cabinets were acquired through the Town Clerks grants from NYSA over a few years for Town Clerks Office, Assessors, Police and Supervisors office.
Councilman Gier moved for the adoption of the following motion 79, seconded by Councilman Kujawinski. Roll Call Vote: Kujawinski- aye, Gier ? aye, Borngraber ? aye, Pero-aye, 4 Ayes, 0 Nays, 0 Abstains
#79 RESOLVED: Approve to accept quote for moving ASR cabinets from ASR
Asbestos Survey Report:
Councilman Gier moved for adoption of the following #80 seconded by Supervisor Pero. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#80 RESOLVED: Approve payment of $1450.00 to Aaction Environmental Services., Inc for the pre renovation asbestos survey conducted on renovation area only of the New Town Hall
RISK Insurance Update:
Pero reported that Thea responded to the survey and some issues still pending are slated to be done in the spring.
Health Insurance:
Coverage options have been presented to the two full time employees, who have health insurance coverage,
Conservation Committee:
Supervisor Pero stated he would like to see a committee reformed for conservation.
Councilman Gier moved for the adoption of the following motion 81, seconded by Councilman Borngraber. Roll Call Vote: Gier ? aye, Borngraber ? aye, Kujawinski- aye, Pero-aye, 4 Ayes, 0 Nays, 0 Abstains
#81 RESOLVED: Reform a Conservation Committee named Joseph Gardyjan and himself and would like to have three more to be named at a later date.
Zoning Board of Appeals:
Pero received a recommendation to name Samuel Chiavetta as a member of the ZBA, from Chairman Don Clark.
Councilman Gier moved for adoption of the following #82 seconded by Councilman Borngraber. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#82 RESOLVED: To Table appointment for further review.
Town Board and Other Reports:
Kujawinski: LSYF/Wrestling ? received an estimated utility amount and the board is reviewing their figures.
Gier: Working on Fire contracts, and recreation; need residents to volunteer to serve on the Parent Advisory Board for Recreation, have agreements signed with Union Concrete for Hammond Rd. access project.
Pero: Evans Brant Chamber Commerce is having their annual awards dinner and the Citizen of the Year Award is being presented to a past Brant resident Rose Trask.
Supervisor Pero moved for the adoption of the following Proclamation 83, seconded by Councilmen?s? Gier, Kujawinski and Borngraber. Roll Call Vote: Pero-aye, Gier ? aye, Kujawinski- aye, Borngraber ? aye, 4 Ayes, 0 Nays, 0 Abstains
#83 Proclaimed: WHEREAS, Rose Dispense Trask was born in the town of Brant to Marie & Russell Dispense who were hard working Business owners, Farmers and leaders of the community,
WHEREAS, Rose inherited her work ethic and leadership from her parents and has given of herself without question,
WHEREAS, Rose Trask?s service to others has been Noble & Honorable as a leader for 60+ years in the Evans Grange #1332,
WHEREAS, for over 60 years Rose has been a volunteer and leader of Most Precious Blood Church in helping fellow parishioners,
WHEREAS, for over 25 years she has enjoyed and led the Busy Bees 4-H group
WHEREAS, Rose Trask is the secretary and has been the Town of Evans representative on the Northeast Southtowns Solid waste management board (N.E.S.T.)
WHEREAS, Rose Trask has given of herself unselfishly through many civic contributions and the Town of Brant is very proud of one of our own,
NOW, THEREFORE BE IT RESOLVED, that the SUPERVISOR and the
BRANT TOWN BOARD wish to Congratulate ROSE TRASK for being honored as The Evans-Brant Citizen of the Year for 2011 and for being a stellar citizen in helping our communities succeed in improving our image and being a model for others to replicate and live by your morals and work ethic,
SO BE IT PROCLAIMED, By order of the Brant Town Board
That on Saturday March 26, 2011 it will be recognized in the Town of Brant as:
ROSE DISPENSE TRASK DAY.
All town residents will honor this day for your dedication to our community!
Pero reported he is attending a presentation on fracking, and read a resolution from Concord and members decided to consider the resolution.
S.I.T. is moving forward and is on the agenda for the next Niagara Transit meeting.
Pero reported on a Farm Energy Forum and spoke of attending an upcoming session with the Erie County Legislature concerning various issues and his attempt to be a voice for the people and more voice from the Supervisors to the Legislature.
Privilege of Floor:
DCO, Barbara Daniel asked if the Supervisor knew if other Town?s had adopted the resolution concerning the states surcharge on altered dogs, very good response ? most towns have adopted same.
Resident Jack Mann thanked the Police Dept. for their diligence in regard to home security checks while he was out of town.
Councilman Gier moved for the adoption of the following motion 84, seconded by Councilman Kujawinski. Roll Call Vote: Gier ? aye, Kujawinski- aye, Borngraber ? aye, Pero-aye, 4 Ayes, 0 Nays, 0 Abstains
#84 RESOLVED: RESOLUTION URGING THE NEW YORK STATE LEGISLATURE
TO SUPPORT THE FARMLAND PROTECTION PROGRAM AND ENVIRONMENTAL PROTECTION FUND
WHEREAS, agriculture is a significant contributor to New York?s economy; and,
WHEREAS, farms provide jobs, support local businesses and are part of industry sectors that have a $31 billion economic impact annually in New York; and,
WHEREAS, farms comprise 7 million acres of land in New York, roughly 25% of the state?s land base; and,
WHEREAS, farmers have a strong track record of pro-active environmental stewardship in New York; and,
WHEREAS, rapidly changing economic conditions threaten the future viability of New York?s agricultural industry; and,
WHEREAS, more than 425,000 acres of farmland were lost to development in New York between 1982 and 2007; and,
WHEREAS, the State of New York established a Farmland Protection Program in 1992 to assist towns and counties in developing and implementing local agricultural and farmland protection plans; and,
WHEREAS, over $3 million has been awarded by the Farmland Protection Program to 50 counties and 64 towns to assist in the development of local agricultural and farmland protection plans; and,
WHEREAS, the Farmland Protection Program has awarded more than $173 million to help farmers, local governments and land trusts permanently protect 74,000 acres on 303 farms; and,
WHEREAS, demand for Farmland Protection Program funding has been strong due to the program?s popularity, with more than $500 million in applications turned away since the program?s inception in 1996; and,
WHEREAS, funding for the Farmland Protection Program is allocated from the state?s Environmental Protection Fund (EPF), a dedicated fund whose principle funding source is a state Real Estate Transfer Tax (RETT); and,
WHEREAS, in 2010, funding for the Farmland Protection Program was cut by 51% and EPF funding was reduced by 37%,
WHEREAS, the Governor and State Legislature must take steps this year to protect New York?s valuable farmland and strengthen the future for farms across New York;
now, therefore, be it
RESOLVED, that the Town of Brant does hereby support restoring New York?s Environmental Protection Fund and Farmland Protection Program, and, be it further
RESOLVED, That the Town of Brant does hereby urge state lawmakers to support New York?s farmers, the state?s agricultural economy and protection of valuable farmland by supporting at least $12 million in funding for the Farmland Protection Program and $134 million for the Environmental Protection Fund; and be it further
RESOLVED, That the Clerk of the Town of Brant is hereby directed to forward copies of this resolution to Governor Andrew Cuomo, Senate Majority Leader Dean Skelos, Assembly Speaker Sheldon Silver, Assemblyman Kevin Smardz, Senator Patrick Gallivan and the American Farmland Trust.
Correspondence and Misc. Info.
Various correspondences reviewed including ORPS, Village of North Collins Centennial this June 11.
Councilman Gier moved for adoption of the following #85, seconded by Councilman Borngraber. Roll Call Vote: Gier ? aye, Borngraber ? aye, Kujawinski-aye, Pero ? aye. 4 Ayes, 0 Nays, 0 abstains
#85: RESOLVED: TO APPROVE Abstract 2 of 2011 and Abstract 15 of 2010 for Fire Protection
*Prepaid and unpaid as of March 8, 2011
Gen Fund Town wide Vouchers pd 54-68, unpd 69-100 Totaling: $28,009.10
Gen Fund ? Part Town Voucher pd #5, unpd Totaling: $34.53
Highway T.W. Vouchers pd #14-15, unpd 16-22, Totaling: $16,508.66
Highway P.T. Vouchers Totaling: None
Streetlighting: Voucher pd #2 Totaling: $2,462.98
Special Grant Fund: Vouchers NONE
Capital Projects: Vouchers unpd #5 Totaling: $1,450.00
General Town Wide Payroll 1/30/11-2/12/11 Totaling:$ 32,126.72
General Part Town Payroll 1/30/11-2/12/11 Totaling: $587.94
Highway Payroll TW 1/30/11-2/12/11 Totaling: $2,697.95
Highway Payroll PT 1/30/11-2/12/11 Totaling: NONE
Abstract 15 of 2010 for Fire Protection
# 6 Village of North Collins : $10,443.00
Councilman Gier moved for adoption of the following #86, seconded by Councilman Borngraber4 ayes: Pero, Gier, Kujawinski, Borngraber.0 abstain 0 nays
#86 RESOLVED: To go into executive session to discuss personnel & contractual issues at 9:02 PM
Councilman Borngraber moved for adoption of the following #87, seconded by Councilman Kujawinski. 4 ayes: Pero, Gier Kujawinski, Borngraber.0 abstain 0 nays
#87 RESOLVED: To close the executive session @ 9:50 PM
Councilman Gier moved for adoption of the following #88, seconded by Councilman
Borngraber. 4 ayes: Gier, Borngraber, Gier, Kujawinski. 0 abstain, 0 nays
#88 RESOLVED: TO ADJOURN THE MARCH 8, 2011 MEETING OF THE BRANT TOWN BOARD at 9:53 PM in Memory of Nina Faltus.
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
