TOWN BOARD MINUTES FOR 2/10/09 MTG


Minutes: Town Board Meeting Tuesday February 10th, 2009, at 7:30 PM, -Brant Town Hall. 			

Present: Supervisor Leonard Pero, Councilman Roseann Turner, Councilman Jeffrey Gier,  Councilman Daniel Kujawinski, Councilman Vincent Fullone, Attorney John Grennell, Recording Secretary: Town Clerk Thea Ells
 
Record of Sign In: Lee Brunelli, Michele Kujawinski, Joseph Giambrone, Kirk Ritz, Charles Arrigo, Brian Rott, George Cordia Jr., Debra Ritz, Martin Rosiek, 
Patrick Guerin 

Workshop was held before meeting and was attended by all board members at 7:00 pm. 

The meeting was called to order by Supervisor Pero at 7:30 PM with a pledge to the flag. 
 
Supervisor Pero stated that he wanted a change in the minutes in reference to page 22 in regards to Town Hall hours and then read an excerpt from the Town Clerks training manual from the Association of Towns ? a town board may regulate the hours during which a town clerk?s office shall be open to the public by the enactment of a local law pursuant to the municipal home rule law., etc. There was discussion following with questions of hours, does board have authority, town hall hours vs. Town Clerk hours, adding more hours such as evening or Saturday. etc. Gier motioned to accept minutes as presented.  
	Councilman Gier moved for adoption of the following motion #95, seconded 	by Councilman Kujawinski, A roll call vote was taken: Gier ? aye, 	Kujawinski-aye, , Pero-nay, Turner abstain, aye 3 ayes 1 nays  1 abstain
# 95: RESOLVED: TOWN BOARD ORGANIZATIONAL MEETING MINUTES FROM JANUARY 6TH MEETING ARE APPROVED AS PRESENTED

Councilman Turner moved for the adoption of following motion #96, seconded by Councilman Fullone. Pero, Kujawinski, Tuner, Fullone, Gier
 5 ayes: 0 nays 
#96: RESOLVED SUPERVISORS DECEMBER 2008 FINANCIAL REPORT IS APPROVED
	
Councilman Turner moved for adoption of the following motion #97 seconded by Councilman Fullone. A roll call vote was taken: Turner ?aye, Kujawinski-aye, Gier ? aye, Fullone Aye, Pero-aye, 5 ayes, 0 nays  
#97: RESOLVED TO APPROVE THE FOLLOWING BUDGET MODIFICATIONS AS OF THE PERIOD ENDINGDECEMBER 2008 RECOMMENDED BY THE TOWN ACCOUNTANT
Budget	Dec From/	Appropriation	Amount
Modification	(Inc) To	Code	Account Description	Account Object	 	Over Budget
General Fund Townwide (A)
 $       532.00 		A1110.11	Municipal Court/Crouse Clerks	Pers Serv		
       1,006.00 	from	A1110.41	Municipal Court/Gugino	Contr Expend		
          214.00 	from	A1110.4	Municipal Court/Crouse	Contr Expend		
       1,752.00 	to	A1110.12	Municipal Court/Gugino Clerks	Pers Serv		 $   1,751.30 
							
 $       319.00 	from	A1220.2	Supervisor		Equip & Cap Out		
 $      (319.00)	to	A1220.11	Supervisor-Secretary	Pers Serv		 $      318.35 
							
 $       318.00 	from	A1990.4	Continget Account			
 $      (318.00)	to	A1355.4	Assessment-Clerk	Pers Serv		 $      317.76 
							
 $       139.00 	from	A1990.4	Continget Account			
 $      (139.00)	to	A1355.4	Assessment		Contr Expend		 $      138.86 
							
 $         85.00 	from	A1620.2	Buildings-Town Hall	Equip & Cap Out		
 $        (85.00)	to	A1620.1	Buildings-Town Hall	Pers Serv		 $       84.90 
							
 $         74.00 	from	A1990.4	Continget Account			
 $        (74.00)	to	A1680.4	Central Data Proc-Payroll Serv	Contr Expend		 $       73.50 
							
 $       411.00 	from	A1990.4	Continget Account			
 $      (411.00)	to	A1680.4	Central data Proc-Town Network	Contr Expend		 $      410.20 
							
 $       123.00 	from	A3120.11	Police-Inspectors-Guards	Pers Serv		
 $      (123.00)	to	A3120.12	Court Bailiff		Pers Serv		 $      122.84 
							
 $     6,643.00 	from	A3120.2	Police		Equip & Cap Out		
 $    (6,643.00)	to	A3120.4	Police		Contr Expend		 $   6,642.91 
							
 $       100.00 	from	A1990.4	Continget Account			
 $      (100.00)	to	A3510.4	Control of Dogs	Contr Expend		 $      100.00 
							
 $     4,279.00 	from	A7110.4	Parks		Contr Expend		
 $    (4,279.00)	to	A7110.2	Parks		Equip & Cap Out		 $   4,278.46 
							
							
							
							
Budget	Dec From/	Appropriation	Amount
Modification	(Inc) To	Code	Account Description	Account Object	 	Over Budget
General Fund-Part Town (B)
 $       637.00 	from	B1990.4	Continget Account			
 $      (637.00)	to	B8160.4	Refuse & Garbage	Contr Expend		 $      636.94 
							
Highway Fund Townwide (DA)
 $     1,701.00 	from	DA5142.1	Snow Removal	Pers Serv		
 $    (1,701.00)	to	DA5130.4	Machinery		Contr Expend		 $   1,347.78 
							
 $       705.00 	from	DA5142.1	Snow Removal	Pers Serv		
 $      (705.00)	to	DA5142.4	Snow Removal	Contr Expend		 $      704.11 

Councilman Kujawinski moved for adoption of the following motion #98, seconded by Councilman Turner.  5 ayes: Pero, Fullone, Turner, Kujawinski, Gier. 0 nays
#98 RESOLVED: DECEMBER TOWN CLERK?S FINANCIAL RECONCILIATION REPORT BE ACCEPTED

Councilman Turner moved for adoption of the following motion #99, seconded by Councilman Gier 5 ayes: Pero, Fullone, Turner, Kujawinski, Gier. 0 nays



#99 RESOLVED: 2008 ANNUAL TOWN CLERK?S FINANCIAL RECONCILIATION REPORT BE ACCEPTED

Councilman Gier moved for adoption of the following motion #100, seconded by Councilman Turner 4 ayes: Pero, Fullone, Gier, Turner 1 abstain: Kujawinski, 0 nays
#100: RESOLVED: DECEMBER 2008 JUSTICE GUGINO & JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED

Gary Brecker CEO read his report and board had discussion with him on various properties. Request to investigate a property that may be hazardous to the community. 

Councilman Gier moved for adoption of the following motion #101, seconded by Councilman Kujawinski 5 ayes: Pero, Fullone, Gier, Turner, Kujawinski, 0 nays 
#101 RESOLVED: JANUARY 2009 CODE ENFORCEMENT OFFICER REPORT 

Councilman Gier read DCO report and Kujawinski commended her efforts and 
information placed on the web site. 

Councilman Kujawinski moved for adoption of the following #102, seconded by Councilman Turner.  5 ayes: Pero, Gier, Kujawinski, Turner, Fullone 0 abstain
#102: RESOLVED: JANUARY 2009 DOG CONTROL OFFICER?S ACTIVITY REPORT

Supervisor Pero moved for adoption of the following #103, seconded by Councilman Fullone.  5 ayes: Pero, Turner, Kujawinski, Fullone, Gier
#103: RESOLVED: JANUARY 2009 POLICE ACTIVITY REPORT BE ACCEPTED
Supervisor Pero welcomed Officer Raczka back on duty as he has been overseas serving the country. 
	
	
	Clerks report included a repeated request for a liaison from the police dept. to 	work on Archives grant with police files. Supervisor Pero reported that he and 	Turner would be handling the clerks? grant due to records viewed by the 	public. Report included a sample of the procedure followed for rental by 
	groups for no 	charge. Clerk asked for the Board?s approval for the following 	motions.
Supervisor Pero moved for adoption of the following #104, seconded by Councilman Fullone. A roll call vote was taken: Pero-aye, Fullone Aye, Turner ?aye, Gier ? aye, Kujawinski-aye, 5 ayes, 0 nays  
	#104: RESOLVED: TO TURN OVER TO TOWN CLERK, THEA A. ELLS, THE 	AMOUNT OF 	$300.00 WHICH WAS TURNED OVER TO SUPERVISOR AS 	RENTAL FEES IN ERROR IN SEPTEMBER AND NOVEMBER OF 2008 	IN ORDER TO BALANCE TOWN CLERK ACCOUNT FOR 2008. 

	Councilman Gier moved for adoption of the following #105, seconded by 	Councilman Fullone. A roll call vote was taken: Gier ? aye, Fullone Aye, 	Kujawinski-aye, Turner ?aye, Pero-aye, 5 ayes, 0 nays  
	#105: RESOLVED: TO ESTABLISH A TAX PETTY CASH FUND FOR 2009 	PROPERTY TAX COLLECTION IN THE AMOUNT OF $200.00 TO BE 	CLOSED AT THE END OF COLLECTION, AND THAT PROPERTY TAX 	OVERPAYMENTS OF .49 CENTS OR LESS BE TURNED OVER TO THE 	SUPERVISOR AT THE CLOSE OF COLLECTION.

	Councilman Turner moved for adoption of the following #106, seconded by 	Councilman Gier.
	A roll call vote was taken: Turner ?aye, Kujawinski-aye, Gier ? aye, Fullone 	Aye, Pero-aye, 5 ayes, 0 nays  
	#106: RESOLVED: TO GIVE THE AUTHORITY TO SUPERVISOR PERO TO 	SIGN AN EXTENSION FOR TAX COLLECTION TILL THE END OF JUNE 	2009 TO BE 	DIRECTED TO ERIE COUNTY FINANCE. 

	Councilman Turner moved for adoption of the following #107, seconded by 	Councilman Fullone. 5 ayes: Pero, Turner, Kujawinski, Fullone 0 nays
#107: RESOLVED: JANUARY TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED

No planning board meeting in January due to lack of agenda and weather. 

Acknowledgement of Dignitaries and Invited Guests: NONE

OLD BUSINESS: 
Financial Audits: (Audit Committee Fullone & Turner) 
Supervisor Pero reported that the audit of Brant Justice Courts and Town Clerk and Tax Collector for year 2007 is complete and all members received copies to review. The Audit of the Brant Park Expansion Project may not be complete yet. 

	Town Hall Phone System: (Telecommunications & Utility Committee: 	Kujawinski & Gier)	
	Supervisor Pero stated the board received a quote from N. Dotzler for the in 	house phone system to replace the old phones. Councilman Gier suggested 	that he work with the Town Clerk and Tech advisor Sherman Reickart and do 	a survey of what the various offices require and enhancements they would 	like to have and then come up with spec?s before we take bids. All agreed.   
	 
	Letter PNCC Rental:
	Supervisor Pero read from a letter referring to a meeting that was held in the 	Senior Community Building by the bishop of the organization. J. Chiavetta 	and L. Pero were sponsoring the meeting and felt that it was a community 	involved meeting so there should be no charge. Rental fee was paid to the 	clerk after the rental date after comments and questions. Discussion of 	what makes a group eligible for free building use, and who is and was using 	building.  
	Councilman Turner moved for adoption of the following #108 seconded by 	Supervisor Pero.  A roll call vote was taken: Turner ?aye, Pero-aye, 	Fullone - aye, Gier ? nay, Kujawinski-nay 3 ayes, 2 nays
		
	#108 RESOLVED: TO REIMBURSE LEONARD PERO THE RENTAL FEE OF 	$100.00 FOR THE SENIOR COMMUNITY RENTAL ON JANUARY 12, 	2009.
	
	SW Regional Water: (Rt. 62 Water Proj. Comm. Fullone & Pero)
	January 27th (7) seven communities met - grant given to all ? Pero 	received hydraulic report, SEQR findings, spoke concerning Route 62 and 	signing up now so as not to lose out later. Spoke about operation 	maintenance- North Collins and who would run system. Proposed action 	plan well testing being done in N Collins instead of SEQR.
	Proposed action plan ? final plan ? water district #1 map plan, and all 	needs 	to be done before March. Board members and Town Clerk asked for copies of 	reports and information.  
 	
	Wind Energy: (Energy Comm. Pero & Henry)
	February 6th meeting with CRA attended by Pero ? survey will be going out ? 	will need to be returned by residents as soon as possible with public meeting 	after that.
 
	NEW BUSINESS: 
	
	Truck Law:
	Supervisor Pero asked that a public hearing be set for the following Local 	Law: A resident of the Town of Brant may park or store no more than two 	commercial vehicles owned 	and/or operated by such person at their 	residence. Such vehicle or vehicles shall not be placed closer than 100 feet 	from the center line of the closest public roadway and not less than 30 feet 	from the nearest property line.  The intent that no nuisance or hazard is to 	be created or exist as a result of inadequate space. For the purposes of 	this section, commercial vehicle is defined as being more than 25 feet long 
	and/or 12,000 pounds in weight.  
	This section shall not apply to:
1)   Pickup trucks or utility vehicles, vans, camping trailers, recreational 	vehicles or boats. 
	2)   Vehicles used in commercial farming operations.
	
	3)  Construction vehicles and equipment actively and necessarily used in 	connection with construction or other real property improvement projects.
           4)   Commercial or Industrial Zones
	Also Commercial vehicles or auxiliary engines may not be left running and the 	parking or storage of more than two commercial vehicles will require a special 	use permit.
	Discussion followed concerning agriculture district and residential districts 	being affected, how this law affects current cases in court, and special use 	permit for more than two commercial vehicles in any district.    
	
Supervisor Pero moved for adoption of the following #109 seconded by Councilman Fullone.  Roll Call Vote: Pero-aye, Fullone- aye, Turner- aye, Gier ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#109 RESOLVED TO SET A PUBLIC HEARING ON PROPOSED LAW #2 CONCERNING COMMERCIAL VEHICLES FOR 8:00 PM MARCH 10TH. 

	Civil Service (Police Commissioner Pero)
	Supervisor Pero brought forward a motion to remove Brain Kauzala as a part 	time sub police - Questions of how many officers, and how many positions 12 	officers ? not sure but space is needed. 
	Supervisor Pero moved for adoption of the following #110 seconded 	by 	Councilman Turner.  Roll Call Vote: Pero-aye, Turner- aye, Gier ? nay,	Fullone 	-aye, Kujawinski- nay, 3 Ayes, 2 Nays, 0 Abstains
	#110 RESOLVED TO REMOVE BRAIN KAUZALA FROM THE CIVIL 	SERVICE ROSTER POSITION OF PART TIME SUB PATROLMAN 

Operating Engineers Local 17 appreciation night (Park Comm. Pero & Fullone)
Supervisor Pero requested $500.00 to host a dinner and purchase a plaque
for the  Operating Engineers Local 17, dinner would be open to anyone to attend at the Community building. Councilman Fullone, Gier, Kujawinski, and Turner were in agreement to present them with a plaque at a board meeting. 
	
	


	Supervisor Pero moved for adoption of the following #111 seconded 	by 	Councilman Turner.  Roll Call Vote: Pero-aye, Turner- aye, Gier ? nay,	Fullone 	-aye, Kujawinski- nay, 3 Ayes, 2 Nays, 0 Abstains
	#111 RESOLVED TO PURCHASE A PLAQUE UP TO $100.00 TO EXPRESS THE GRATITUDE OF THE TOWN TO OPERATING ENGINEERS LOCAL 17  
	
	Police Department Stand Operating Procedure: (Police Commissioner 	Pero)
	Supervisor Pero stated that the Final draft will be presented to the board 	members and attorney after the meeting to review as it needs to be adopted. 
	Councilman Turner stated that SOP?s should be kept confidential; Attorney 	agreed should not be shared with public.
	
	Time Clocks: ?Fullone & Turner comm. (clerk not sure what 	committee)
	Pero stated that Fullone & Tuner are on committee and will look into where 	and how clocks will be used. 
	
	Brinkman Way Insurance: (Insurance Comm. Turner & Fullone)
	Pero reported that there was a $1,110.00 increase in policy and all 	members approved and Fullone mentioned getting prices next year. 
Supervisor Pero moved for adoption of the following #112 seconded by Councilman Turner.  Roll Call Vote: Pero-aye, Turner- aye, Gier ? aye, Fullone- aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
	#112 RESOLVED TO APPROVE TO ACCEPT THE BRINKMAN WAY 	QUOTE FOR LIABILITY INSURANCE FOR 2009 
	
	REPORTS OF COMMITTEES:
	Highway/ Inventory, Utility, Streetlights ? Gier & 	Kujawinski
	Gier stated that with the snow and weather Joe has been busy so they will be 	doing a walk through the inventory very soon. Kujawinski spoke on a 	inventory available on VISTA.
	Streetlight ? Response to Pero?s request for more economical lights -	Kujawinski read from a report he compiled: reported that we already have 	

	
	high sodium pressure bulbs and at a low wattage except for a few lights at 	park, and lights are not metered.
	Fuel cards ? Gier reported that the expense is very high with a good system ? 	still looking
  	Employee benefits ? Turner& Fullone 
	Pero gave the committee some samples from other towns, Pero also reported 	that there are some company?s out there that will do research and see if the 	town has best packages for benefits. 

	Reports of Committees and Town Board Reports:

	Gier inquired about the issue of employees receiving a benefit from the Town 	without board approval at a meeting. Pero said he didn?t call other two 	members but three said yes. Gier asked if all employees received - no ? just 	clerical and still felt an issue the way it was done. Discussion followed. 
	
	Kujawinski: brought forward a revised code of ethics which was submitted by 	the employee handbook committee last year as the code has not been revised 	in many years. As it was not acted on, Kujawinski asked attorney the proper 	procedure for this revision. Kujawinski mentioned his open blog on line 	as he had placed this revision on the towns? website and it was removed. Pero 	stated 	it was removed as it was his personal opinion, and that Pero will give 	revisions of code of ethics to the present employee handbook committee. 	Attorney Grennell answered Kujawinski that a public hearing would be 	needed for revisions to take affect: 
	Councilman Kujawinski moved for adoption of the following #112 seconded 	by Councilman Gier.  Roll Call Vote: Kujawinski- aye, Gier ? aye, Fullone -aye, 	Turner- abstain, Pero-aye, 	3 Ayes, 1 Nays, 1 Abstains
	#112 RESOLVED TO HOLD A PUBLIC HEARING ON MARCH 10th @ 8:30 	PM FOR A LOCAL LAW TO REVISE THE 	CODE OF ETHICS OF THE 	BRANT TOWN CODE (CHAPTER 19, ARTICLE II, 19-4 and 19-	5) 	(Local Law #3 of 2009)
	
	Supervisor Pero reported that there will be an insurance reduction 
	class available at the Senior Community building evenings of March 16 & 17th.
	

	Stated that the Supervisors meeting which started May 6th 2008 is looking at 	reform of government - helping with different issues.
	Reported on the Clerks NYS Archives grant request which was filed for a 	GIS tracking study.
	Received denial letter from CDBG for the recreation senior fitness project
	Pero read the January & February 2009 seniors meeting minutes submitted 	to the Town Clerk and distributed to all board members.
	Park ?LSYF Pero reported that Mr. Kazmarek is waiting on stamped version 	of blueprints- bleachers from Silver Creek High School ? pictures will be 	made 	available to board members to approve placing in Park - they will be a 	donation to LSYF.
	Police SOP?s are complete and working on a protocol with Evans Dispatch
	Route 5 & 20 contract is being reviewed by vendor
	Pero reported Chairman Gugino held a New Town Hall committee meeting 	February 9th and received and reviewed the site report from vendor Schenne 	and Associates ? park site and Farnham site both are feasible all members 	present received reports ? first estimate of cost is approximately 	$1,573,000.00 ? which can be adjusted. 
	Nothing to report from Highway
	Pero reported: that South Towns Enhancement Coalition: Collins spoke on 	Agriculture business and the South Town Enhancement Coalition is being 	recognized as a viable organization ? meeting will be Friday at the Community 	building - Public forum meeting is scheduled for March 5 from 6-8 pm in Eden 	on Agriculture Tourism assessments- Laurie is pleased with the progress
	Lake Shore Boys & Girls Club bylaws are complete and they are looking for 	volunteers for board positions, place to hold club events, etc. 
	Erie County CHIPS dollars will have a 43% cut for the Town this year ? area 	highway supervisors will be going to Albany
	Received a list of are projects from Erie County Planning ? see Pero for list 
	Food for All ? see Pero for list of requirements to receive help 
	City of Buffalo ? Stimulus package ? Supervisor Pero applied to stimulus 	package ? water project 7 million, wind energy project, senior recreation 	building project, Route 5 & 20 development, park project, road paving 	projects.	
	

	Cornell Extension: Small Farm Beginners? series classes ? February 21st and 	28th 8:30 till 3:30 
	 
	Correspondence and Meetings/miscellaneous information
Pero: 
Am vets correspondence ? Health care -see Pero
Buffalo Urban League- GED ? Taste of Soul
Supervisor Pero reported and listed that he attended 14 meetings in January

Supervisor Pero moved for adoption of the following #113, seconded by Councilman Gier.  Roll Call Vote: Pero-aye, Gier ? aye, Turner- aye, Fullone ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#113 RESOLVED TO APPROVE ABSTRACT 14 0F 2008 FOR PAYMENT
	Abstract 14 0f 2008      
	Unpaid as of February 10, 2009

	General Fund Town wide Vouchers Unpaid 534-537 Totaling: $4,774.64- 	corrected $ per R.G.    

	General Fund ? Part Town No PrePaid / Unpaid Voucher 43 / Totaling: 	$10,792.50

	Highway Fund Townwide/Vouchers unpaid 116-118 Totaling: $353.13

Councilman Turner moved for adoption of the following #114, seconded by Councilman Fullone.  Roll Call Vote: Turner- aye, Fullone ? aye, Pero-aye, Gier ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#114 RESOLVED TO APPROVE ABSTRACT 2 OF 2009 FOR PAYMENT 
	Abstract 2 0f 2009   Prepaid and unpaid as of February 10, 2009

	General Fund Town wide Vouchers prepaid 17-22/Unpaid 23-57 / Totaling: 	$25,951.60

	General Fund ? Part Town PrePaid 3-5 Totaling: $16,486.50

	Highway Fund T.W.  Vouchers prepaid 14-15/Unpaid 4-12 (13 deleted) 	Totaling: $15,426.97

	Highway Part Town Vouchers: NONE

	
	Highway Payroll PT 1/4 to 1/31/09 Totaling: $39,558.32
	
	Highway Payroll TW 1/4 to 1/31/09Totaling: $13,410.93

	General Town wide Payroll 1/4 to 1/31/09
	Totaling $25,567.55 General Part Town Payroll 1/4 to 1/31/09 Totaling 	$579.84

	Please Note: Vouchers denied:  None

	Recognized Privilege of the Floor: None rec?d
	
	Councilman Turner moved for adoption of the following #115 seconded 	by Councilman Gier.  Roll Call Vote: Turner- aye, Gier ? aye, Pero-aye, 	Fullone -aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
	#115 RESOLVED TO GO TO EXECUTIVE SESSION FOR PERSONNEL	REASONS AT 9:30 PM

	Supervisor Pero moved for adoption of the following #116 seconded by 	Councilman Gier.  Roll Call Vote: Pero-aye, Gier ? aye, Turner- aye, Fullone -	aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
	#116 RESOLVED TO CLOSE THE EXECUTIVE SESSION FOR 	PERSONNEL	REASONS AT 10:30 PM

	Councilman Turner moved for adoption of the following #117, seconded by 	Supervisor Pero.  5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
#117 RESOLVED: TO ADJOURN THE JANUARY 13TH, MEETING OF THE BRANT TOWN BOARD IN MEMORY OF EUGENE HOCK JR. 

Respectfully submitted,

Thea A. Ells, Brant Town Clerk