Minutes of 11-10-09 TB Mtg w/Public Hrg


Minutes: Town Board Meeting Tuesday November 10th, 2009 at 7:30 PM Brant Town Hall. Public Hearing for 2010 Budget. 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: Joseph Giambrone, Charles Arrigo, Rose DeMaria, Janet Bowman, Brian Rott, Beverly Wasmund, Michele Kujawinski, Debra Ritz, Lynda Ostrowski, Joe Ostrowski, William Trask, Timothy Clark, Frank Broughton, Joseph DeCarlo, Janice DeCarlo, Clark Borngraber, Lynn Bowman, Martin Rosiek, William Ford, Suzanne Ford, Martin Castle, Patrick Guerin III, Mike Daniel, Barb Daniel, John Arrigo, Christine Gierlinger, Dave Gierlinger, and Lee Brunelli. Workshop was held before this meeting at 7:00 pm. The meeting was called to order by Supervisor Pero at 7:30 PM with a pledge to the flag. Councilman Turner moved for adoption of the following motion #294, seconded by Councilman Gier: 5 ayes: Pero, Turner, Gier, Kujawinski, Fullone. 0 nays # 294: RESOLVED: TOWN BOARD MEETING MINUTES FROM OCTOBER 13 ARE APPROVED AS PRESENTED W/ typo correction verified Councilman Turner moved for adoption of the following motion #295, seconded by Councilman Gier: 5 ayes: Pero, Turner, Gier, Kujawinski, Fullone. 0 nays # 295: RESOLVED: TOWN BOARD MEETING MINUTES FROM OCTOBER 21 BUDGET WORKSHOP ARE APPROVED AS PRESENTED w/ typo?s edited/ corrected Councilman Turner moved for adoption of the following motion #296, seconded by Councilman Gier: 5 ayes: Pero, Turner, Gier, Kujawinski, Fullone 0 nays # 296: RESOLVED: SUPERVISORS SEPTEMBER 2009 FINANCIAL REPORT IS APPROVED AS PRESENTED Councilman Fullone moved for adoption of the following motion #297, seconded by Councilman Turner. Roll Call Vote: Fullone ? aye, Turner ? aye, Pero-aye, Gier ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains #297: RESOLVED TO APPROVE THE FOLLOWING BUDGET MODIFICATIONS FOR THE PERIOD ENDING SEPTEMBER 30th AS RECOMMENDED BY THE TOWN ACCOUNTANT AS PRESENTED Budget Dec From/ Fund Account Amount Modification (Inc) To Code Description Object Over Budget General Fund Townwide (A) $ 42.00 Decrease A1990.4 Contingent Account Contr expend $ (42.00) Increase A5132.4 Garage Contr expend 41.51 $ 1,340.00 Decrease A1990.4 Contingent Account Contr expend $ (1,340.00) Increase A7020.4 Recreation Administration Contr expend 1,339.60 $ 116.00 Decrease A7110.2 Parks Equip & Cap Out $ (116.00) Increase A7110.1 Parks Pers Serv 115.07 $ 3,437.00 Decrease A7180.2 Pool Equip & Cap Out 562.00 Decrease A7110.2 Parks Equip & Cap Out $ (3,999.00) Increase A7180.1 Pool Pers Serv 3,998.03 $ 939.00 Decrease A7110.2 Parks Equip & Cap Out $ (939.00) Increase A7180.4 Pool Contr expend 938.30 $ 127.00 Decrease A9040.8 Workmans Compensation Contr expend $ (127.00) Increase A9055.8 Disability Insurance Contr expend 126.25 General Fund Part Town(B) $ 209.00 Decrease B1990.4 Contingent Account Contr expend $ (209.00) Increase B8010.4 Zoning Contr expend 208.72 Highway Fund Townwide (DA) $ 1,095.00 Decrease DA5142.1 Snow Removal Pers Serv $ (1,095.00) Increase DA5140.1 MISC(Brush & Weeds) Pers Serv 1,094.91 Highway Fund Part Town (DB) $ 3,000.00 Decrease DB5112.1 Permanent Improvements Pers Serv $ 853.00 Decrease DB5112.4 Permanent Improvements Contr expend $ (3,853.00) Increase DB5110.1 General Repairs Pers Serv 3,852.12 $ 11,813.00 Decrease DB5112.4 Permanent Improvements Contr expend $ (11,813.00) Increase DB5110.4 General Repairs Contr expend 11,812.67 Supervisor Pero moved for adoption of the following motion #298, seconded by Councilman Kujawinski: 5 ayes: Pero, Turner, Gier, Kujawinski, Fullone. 0 nays #298 RESOLVED: TOWN CLERK?S SEPTEMBER 2009 FINANCIAL RECONCILIATION REPORTS BE ACCEPTED AS PRESENTED Councilman Turner moved for adoption of the following motion #299, seconded by Councilman Gier. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays #299: RESOLVED: SEPTEMBER 2009 JUSTICE GUGINO & JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED Councilman Gier moved for adoption of the following motion #300, seconded by Supervisor Pero. 5 ayes: Pero, Turner, Gier, Kujawinski, Fullone 0 nays # 300 RESOLVED: OCTOBER 2009 CODE ENFORCEMENT OFFICER REPORT AS PRESENTED Summary: Inspections: Field -20, new construction-10, court compliance 6, other 4, court appearances- 4, building permits issued- 11, meetings attended -1 Councilman Gier moved for adoption of the following #301, seconded by Councilman Kujawinski. 5 ayes: Pero, Turner, Gier, Kujawinski, Fullone 0 abstain #301: RESOLVED: OCTOBER 2009 DOG CONTROL OFFICER?S ACTIVITY REPORT AS PRESENTED Summary: 0 barking dog complaints, 3 dogs at large, 0 appearance tickets, 1 pig at large, 3 court cases ?DCO reported Ag & Mkts inspection of kennel and recent appearance ticket issued to 29 Surfside (repeat violator) & DCO?s fear of retaliation Councilman Fullone moved for adoption of the following #302, seconded by Supervisor Pero. 5 ayes: Pero, Turner, Gier, Kujawinski, Fullone. 0 Abstain #302: RESOLVED: OCTOBER 2009 POLICE ACTIVITY REPORT BE ACCEPTED AS PRESENTED Summary: 4719- miles patrolled, Arrests: Felony -4, misdemeanor- 9, V&T- 162, complaints ? 47, property checks ? 189 Supervisor Pero moved for adoption of the following motion #303, seconded by Councilman Kujawinski. Roll Call Vote: Pero-aye, Kujawinski- aye, Turner ? aye, Fullone ? aye, Gier ? aye, 5 Ayes, 0 Nays, 0 Abstains #303: RESOLVED TO APPROVE RECREATION BUILDING & GYM RENTAL FEE REIMBURSEMENT TO CRAIG SCHOLL IN THE AMOUNT OF $95.00 DUE TO A SCHEDULING CONFLICT WITH LSYF. Councilman Gier moved for adoption of the following #304, seconded by Councilman Fullone. 5 ayes: Pero, Fullone, Kujawinski, Turner. O nays #304: RESOLVED: OCTOBER TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED AS PRESENTED Summary: Total monies rec?d - $1,469.88, Town share $465.26 Erie County $63.45, NYS Health $0.0 NY State Ag & Mkts $78.00, NYS DECALS $563.17 , Security Deposits $300.00 Copier: all set and training done, PH notices posted Rentals August SCB 0x rentals ? 18x group uses, RB ? 0x, 2x group uses, LSYF ? rec?d some papers from CEO, Correspondence to Board: Motions/Resolutions: request to reimburse rental fee from Clerk, bids for refuse posted, and budget notice posted. Councilman Turner moved for adoption of the following #305, seconded by Supervisor Pero. 5 ayes: Pero, Gier, Turner, Fullone, Kujawinski 0 nays O nays #305: RESOLVED: OCTOBER PLANNING BOARD MEETING REPORT TO THE BOARD BE ACCEPTED AS PRESENTED Summary of Report: members reviewed revision of property notification for hearings. Billboard law amendment shall be reviewed next month. No other business. Acknowledgement of Dignitaries and Invited Guests: OLD BUSINESS: Refuse Bid Spec?s will be opened November 19 at 2:00 pm in the Town Clerks Office Public Participation Supervisor Pero stated that due to the fact of the election and the issue of freedom of speech he wants to rescind his earlier motion concerning board rules for privilege of the floor. . I, myself, want to rescind the earlier motion ?privilege of the floor? so people can raise their hand at anytime during the meeting and ask questions. Councilman Gier asked for discussion to consider previous motions presented on this subject. Pero stated ?why?; this whole election was about freedom of speech so let?s have it. Supervisor Pero moved for adoption of the following motion #306, seconded by Councilman Gier. Roll Call Vote: Pero-aye, Gier ? aye, Turner ? aye, Fullone ? aye, Kujawinski- aye 5 Ayes, 0 Nays, 0 Abstains #306: RESOLVED TO RESCIND EARLIER RULES FOR ORDER AND HAVE PEOPLE RAISE THEIR HAND AND ASK QUESTIONS ANYTIME Code of Ethics Supervisor Pero stated proposed local law #3 was brought forward by Councilman Gier and Councilman Kujawinski and a public hearing held, I will give you the opportunity and you can make the motion, it?s your baby, it?s another thing you brought up during the election. The Board of Ethics did not meet and contact the Board members concerning this. Councilman Kujawinski reviewed that this revises two sections 19.4 and 19.5 and is taken almost verbatim from the Association of Towns recommended code. Kujawinski read through the law. Question from floor. 8:00 pm time for Public Hearing 2010 Budget Public Hearing: 8:00 PM Town Clerk, Thea Ells read the following notice which she verified was published in the legal paper of the Town, ?SUN?, and posted on the Clerk?s signboard, brantny.com and Brant and Farnham post offices. LEGAL NOTICE / TOWN OF BRANT / Notice is hereby given that the Preliminary Budget For The Fiscal Year Beginning January 1, 2010 And The Required Tax Exemption Impact Report Will be in the office of the Brant Town Clerk where it is available for inspection by any interested person during regular business hours, and can be found on line at brantny.com. Further notice is hereby given that at a meeting held on Tuesday October 13th the Brant Town Board moved to hold a Public Hearing For The Preliminary Budget Thereon At The Brant Town Hall At 8:00 Pm On Tuesday 10th Day Of November 2009 And At Such Hearing Any Person May Be Heard In Favor Or Against Any Items Therein Contained. Further Notice Is Given Pursuant To Section 108 Of The Town Law The Proposed Salaries Of The Following Town Offices Are Hereby Specified As Follows: Supervisor $ 18,000.0, Councilman (4)x each $ 4,350.00 Town Clerk/Tax Collector $ 25,200.00, Superintendent of Highways $ 22,260.00 DATED: October 26, 2009, BY THE ORDER OF THE BRANT TOWN BOARD Councilman Kujawinski moved for adoption of the following #307 seconded by Councilman Gier. 5 ayes: Pero, Turner, Gier, Kujawinski, Fullone 0 nays #307: RESOLVED: TO OPEN THE PUBLIC HEARING @ 8:00 PM Martin Rosiek questioned the funding of a wildlife refuge, when as a farmer, he is spending thousands annually to control their crop damage. He asked if his local tax dollars will be then spent to repair the animals. Rosiek?s second question: what were the total appropriations of this year?s budget compared to last year?s budget appropriations. Clerk verified last year?s budget showed One hundred fifty thousand two hundred ($150,200) dollars vs. this year?s ($184,900) One hundred eighty four thousand. (Increase of $34,700 or approx 23% increase). William Trask spoke regarding several concerns he had about the expected revenue on the proposed budget. First he questioned the amount stated on the Sales Tax line. Stating that the economy will not be able to support the figures used as revenue, per a report recently released by NYS Comptroller, the local share of Sales Tax revenue statewide is down by 8.9%. With Erie County down by 5%. Therefore, based on these reports, it would be a better practice to not predict increased Sales Tax revenue. Secondly, he is concerned about the decreased projection of money generated by property tax in the amount of $31,500 which is a 3.7% decrease. He questioned the tax rate decrease of 4.89%. He then strongly questioned the 72% increase in revenue being proposed on the Fines, Fees and Forfeited Bail line. Referencing the historical revenues of this department, he questioned if relying on this increase was good budgeting. He questioned the ability of the Town Justices to maintain their independence and judicial integrity, free from the pressures that this type of projected revenue will place on them. He then read from an article regarding local courts published by the ?Special Commission on the Future of New York State Courts? published in September 2008. ?We have found evidence that suggests that at least some justices feel inappropriate pressure from Municipal leaders to take measures to maximize local revenue their courts generate. Revenues which are not necessarily used to run the court, but can be used for any purpose the municipality sees fit?. He then acknowledged that the significant increase being proposed clearly demonstrates the budget officer?s intent to balance the budget with these fines. He acknowledged that the increase spending on Public Safety means that the Town has decided to turn to an unusually aggressive policy of traffic enforcement as a means of balancing its budget. Such a policy, if there is a policy, carries substantial risks. One risk is due the lack of professional supervision and management of the police force. The other is the possibility that the State may repeat their 2002 attempt to take away the Local share of fines, fees & forfeitures. He explained the state is in much worse financial condition and therefore, may come back to look at this as an option. He then closed by asking the Board to re-think the budget before adopting it. Pero addressed Trask?s Sales Tax revenue concern. He explained that on the 2008-2009 Actual Sales Tax revenue on B Fund, $186,595 with the budgeted amount at $145,000 therefore showing we collected over the budgeted amount. He explained that the $5,000 increase of expected revenue was not that much. Pero then responded to the 4.89% decrease in tax rates questioned by Trask. He corrected Trask that the decrease is .2362%. He added that this means the rate will stay level or a little less. Trask responded that according to the preliminary budget, -3.711% rate. Pero asked for the numbers bottom line on the preliminary. Trask responded that you are projecting fewer revenues from property taxes and this threatens a balanced budget. Pero then moved his attention to Trask?s court fines/fees revenue concerns. Pero defended the actions of the patrolman and refuted the speed trap concerns stating the tickets written are good tickets. He defended that the Town now has constant patrol from Friday morning through until Sunday, resulting in more tickets written. He then explained that as of the end of September, the income from the fines/fees is over $300,000 and taking in about $70,000 a month. He continued that at that rate, we are looking at $500,000. revenue for this year?s local share. Pero added the State gets about 15%. He added that what is saved by eliminating the Chief position pays for more road patrol. Trask responded, so then you really are counting on fines/fees and bail forfeits to balance the budget. Trask asked what if the State takes the local share away? Pero answered, yes, IF they do. He defended that he has placed this line at 50% of what he expects to bring in for this year. Trask questioned if this was the total money in or the local share. Pero read from the Accountants figures ?last month we took in $70,565.40 to the Town. As of September 30 we are at $305,934 in income. He continued that the Town is looking at $400,000 by the end of this year. He reiterated that his proposed $250,000 is 50% of what he expects to bring in. And he will bump up patrol hours from 100 hours to 122, weekly. Pero asked who authored the report Trask was quoting. Trask answered the State commission. Pero then informed Trask that no other Town in NYS who has a police department that pays for themselves, the Justices, the Court Clerks, and has money left over. He continued that the Police budget was $106,000 and then compared our part-time police department with Evans full time with a budget of 3 million. Adding they bring in the same amount from fines as we do. He continued about Eden?s budget of approx $700,000 and how they don?t bring in as much as we do. Trask reiterated his concerns about using fines as a means of balancing the budget. He continued expressing concerns about the astounding increase in fine revenue in the past 12 months. Pero turned to acknowledge Marty Rosiek?s request to cancel the money put in the budget by Supervisor Pero for the wildlife hospital owned by Catherine Eimers. He explained that when a person has a raccoon in their home, its? Catherine who is called to capture the animal. She goes to these locations to capture animals like raccoons, possums to help the residents. Rosiek responded that if this budget funds her wildlife rehab, it is running opposite of what he is trying to do, which is control wildlife damage to his crops. Marty then commented on the 20% increase in spending in this budget. He expressed concern about what happens if everyone starts driving the speed limit. Pero asked where he should then put the court fine figure at. Rosiek answered to control spending. Clark Borngraber asked the Supervisor ?If you take in $500,000 during 2009, and you leave the budget where it was for 2009, what happens to that surplus money?? Pero responded it goes back into the General Fund to be used At the end of 2010, if you have $500,000 why don?t you spend the money after you get it. Put it into the 2011 budget. Pero responded that Borngraber doesn?t understand the budget process. Borngraber continued with his concerns that the Town would be basing its budget on estimated appropriations from Court fines, in other words, spending the money before it was received. Debra Ritz spoke against any raises above the normal cost of living increase. Some of the budget lines have raises which are over and above the cost of living. She explained that she works in the private sector and doesn?t get raises like that, and those working in the public sector should not expect raises above the cost of living increase. She spoke about the pressure being placed on the courts and police department. She explained that the police should be there as a public servant, not just to write tickets. Pero spoke that the budget shows a .2362% tax decrease. He added that the budget now has the money for a new highway truck. John Arrigo asked what the estimated unfunded balance was. Pero answered $817,320 will be the amount to be raised by taxes. Pero answered it will be around $400,000. He continued that the General Fund Town wide has exceeded its estimated revenue by $143,400 and he expects it to go up with three months to go in 2009. Total was budgeted at 647,000 last year and we are already at $791,000 as of the end of September. Bill Trask asked Supervisor Pero to clarify these figures. Pero reiterated. Trask stated that Court money was up by $305,000 with another quarter to go. Trask asked where this extra money is from the court fines. Pero answered it?s in the system to be used for special projects like the purchase of a new Highway truck which will be over $100,000. Trask re-asked the question, where is the money right now. Pero answered it?s in CD?s. Trask asked why the $400,000 fund balance has not been factored into the 2010 budget to help reduce taxes. Pero answered he is using the extra money to increase the patrol, and increase the Court costs as the clerks need more hours to handle the increase workload. Trask warned Pero that the Comptroller?s office will question a $400,000 fund balance on a 1.7 Million dollars budget. Pero answered that?s why he will use the money to buy the highway truck. Trask answered, the Town is not supposed to be operating at a profit. Pero added some of the money can be set aside for a new Town Hall. Trask argued that Albany could take that money away to fix their deficit. Pero denied the risk stating that the healthy fund balance will be there to take care of that. Trask stated that basing such a substantial portion of the proposed revenue on the courts was irresponsible budgeting. Rose Marie DeMaria asked Pero if he is considering the fact that the state may question the large fund balance. Pero responded yes, and then they question, then come and look at you, and then you do something with that money. Rose Marie continued about how she witnessed past boards sweating to get rid of money. Pero stated she can hold him to his word that there will be no problem with holding the amount of fund balance we have. Councilman Turner moved for adoption of the following#308 seconded by Supervisor Pero. Roll Call Vote: Turner ? aye, Pero-aye, Gier ? aye, Fullone ? aye, Kujawinski- aye. 5 Ayes, 0 Nays, 0 Abstains #308: RESOLVED: TO CLOSE THE PUBLIC HEARING @ 8:40 PM Supervisor Pero moved for adoption of the following motion #309, seconded by Councilman Turner. Roll Call Vote: Pero-aye, Turner ? aye, Fullone ? aye, Gier ? nay, Kujawinski- nay 3 Ayes, 2 Nays, 0 Abstains #309: RESOLVED TO ADOPT THE PRELIMINARY BUDGET AS THE 2010 TOWN OF BRANT BUDGET Code of Ethics continued: Councilman Kujawinski asked if there were any questions. Pero stated: This election was based on freedom of speech in the hall which I?m giving the people the right to do whatever they want- that?s yours. This is something that was brought up that we were accused of and this has been an issue for months and I?m giving you the opportunity now. Comment from the floor. Councilman Kujawinski moved for adoption of the following motion #310, seconded by Councilman Gier. Roll Call Vote: Kujawinski- aye, Gier ? aye, Fullone ? aye, Turner ? nay, Pero-nay. 3 Ayes, 2 Nays, 0 Abstains #310: RESOLVED TO ADOPT THE PROPOSED LOCAL LAW #3 of 2009 ENTITLED CODE OF ETHICS AS FOLLOWS: LOCAL LAW #3 OF 2009 CODE OF ETHICS (CHAPTER 19, ARTICLE II, 19-4 and 19-4A) 19-4. Conflicts of Interest No official or employee may take any action that provides a financial or other personal benefit to the official, relative, customers, clients, an employer, or a person who has made campaign contributions to the official within a 12 month period. As contained in the general rule of law, Town Board members will not vote for themselves in any situation that appears to be a conflict of interest(s). 19-4A. Appearance of Impropriety All Officials must avoid circumstances that compromise his/her ability to make decisions solely in the public interest or create an appearance of impropriety. A. Recusal An official or employee must recuse himself when faced with the above conflicts. B. Recusal Defined Recusal means that the official may not deliberate, vote or participate in any way in that matter. The official should disclose his conflict and remove him or herself from the board. He should not provide input regarding the matter from the audience in his capacity as a member of the public. C. Town Property and Resources No employee may use town-owned property, assets or any resources for personal purposes or profit or to benefit any person. Use of these resources is restricted to the conduct of official business, for the benefit of all residents and to further an authorized public purpose. D. Nepotism Spouses and other family members of the municipal official may not serve in positions whose duties conflict or appear to conflict within the duties of the official. They may not serve on a commission, board or body of which the official is a member. E. Gifts An official may not solicit any gift nor may he receive any gift, whether financial or in any other form from any person who is doing or seeking to do business of any kind with the town including applications for permits or approvals; has done business with the town during the last 24 months; or from a lobbyist representing a person before a town agency. An official may not solicit or receive any gift or payment as a reward for exercise of official duties. Generally, an official may not receive or solicit any gift, creating the appearance that his official duties may be influenced or that his responsibility to make impartial decisions solely in the public interest is compromised. F. Private Employment An official shall not solicit, negotiate for or commit to accept private employment from any person doing business with or having any matter pending with the town. G. Representation An official shall not appear on behalf of, or represent a person in any matter before a municipal agency except on his own behalf. H. Confidential Information An official or former official may not disclose confidential information or use it to further his or another persons private interests or in any way utilize the information for non-public purposes. I. Subordinates No official shall solicit political contributions from subordinates or request that they attend political functions or engage in any political activity. J. Revolving Door No official who has left municipal service shall appear before or receive compensation in a matter before his former agency for a period of 2 years after departure. He is permanently barred from appearing or receiving compensation regarding a matter he was personally involved in as a town official. K. Incompatible Positions ? Judicial Standards An official is prohibited from: a. Holding more than one position with the town when one is subordinate to the other b. Holding more than one position with the town when the duties of the positions conflict. Supervisor Pero stated that anyone may speak and moved for the following: Supervisor Pero moved for adoption of the following motion #311, seconded by Councilman Turner Roll Call Vote: Pero-aye, Turner ? aye, Fullone ? aye, Gier ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains #311: RESOLVED ANY ONE AT TOWN MEETING HAS A RIGHT TO RAISE THEIR HAND AT ANYTIME AND ADDRESS THE TOWN BOARD Comment from the floor Time Clocks Highway: Pero stated that the Board has complied with the audit 100% except for placing time clocks in the highway garage and its? time to place one compatible with the one at the Town Hall. Ells stated that the clock at the Town Hall is networked to a computer and there is no computer at the highway garage. Kujawinski asked if the one at the Town hall is being used ? yes. Comments from the floor. Supervisor Pero moved for adoption of the following motion #312, seconded by Councilman Turner. Roll Call Vote: Pero-aye, Turner ? aye, Gier ? aye, Fullone ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains #312: RESOLVED TO PLACE A TIME CLOCK IN THE HIGHWAY GARAGE FOR NO MORE THAN $3150.00 COMPATIBLE TO THE ONE OWNED BY THE TOWN A THIS TIME Highway Insurance Liability Supervisor Pero read from a letter of Brinkman Way Insurance Agency concerning risk control and authorized and unauthorized access to buildings. Pero stated he had discussion with Giambrone. Supervisor Pero moved for adoption of the following motion #313, seconded by Councilman Fullone. Roll Call Vote: Pero-aye, Fullone ? aye, Kujawinski- aye, Gier ? aye, Turner ? aye 5 Ayes, 0 Nays, 0 Abstains #313: RESOLVED TO PLACE A SIGN ON HIGHWAY GARAGE WHICH STATES AUTHORIZED ACCESS ONLY OR NO UNAUTHORIZED ACCESS Pero stated he had another item: Supervisor Pero moved for adoption of the following motion #314 that any town vehicle submits a monthly mileage report to the board, seconded by Councilman Turner. Gier stated that highway already has that information and policies in place but it is now being requested from the Supervisor. Giambrone questioned fuel used for non town vehicles for beach clean- up and records of amounts of fuel being removed from his shop, without his authorization. Pero said he authorized himself, as list went to FEMA, and FEMA will take care of all costs. Kujawinski questioned town?s non taxed fuel being used in non town vehicles. Pero stated the companies are working for FEMA not the Town. Pero stated they cleaned up beach hazard of sewage, and debris etc. for the lake residents and when we get the check soon it will all be covered. Giambrone said there is another list with at least 2000 gallons. Roll Call Vote: Pero-aye, Turner ? aye Gier ? nay, Kujawinski- nay, Fullone ? aye, 3 Ayes, 2 Nays, 0 Abstains #314: RESOLVED THAT ANY TOWN VEHICLE SUBMIT A MONTHLY MILEAGE REPORT TO THE BOARD $27,500 GIS contact w/ Farnham Pero reported a New York State Archives Grant received for the Town and Village fully funded to perform a needs assessment study for GIS and an Implementation Plan. Portable Building 59 by 26: Pero had an update on a portable schoolroom which is being offered to the town free of charge, moved here, free, etc. location to be determined at a later date at either Town Hall or Park and either for police department offices or recreation facilities. Supervisor Pero moved for adoption of the following motion #315, seconded by Councilman Turner. Roll Call Vote: Pero-aye, Turner ? aye, Fullone ? nay, Kujawinski- nay, Gier ? nay, 2 Ayes, 3 Nays, 0 Abstains DEFEATED: TO ACCEPT A PORTABLE BUILDING FOR TOWN USE Comment from the floor NEW BUSINESS: Advertise positions Councilman Fullone moved for adoption of the following #316, seconded by Councilman Kujawinski. Roll Call Vote: Fullone ? aye, Turner ? aye, Kujawinski- aye, Pero-aye 4 Ayes, 0 Nays, 0 Abstains #316: BE IT RESOLVED THAT ALL POSITIONS FOR EMPLOYMENT IN THE TOWN OF BRANT BE ADVERTISED FOR 2010 IN THE LEGAL PAPER, PENNY SAVER AND ON LINE. Report of Committees Town Board and Other Reports Miscellaneous Information & Correspondence: Supervisor Pero read from correspondence from Independent Health concerning increases for 2010 Supervisor Pero read from a letter/report from Recreation Director Vincent Fininzio Supervisor Pero read a letter from John & Betty O?Donnell thanking for honoring them last month Supervisor Pero read from a letter from Time Warner Cable & Chamber of Commerce Supervisor Pero asked that if anyone wished to speak. Frank Broughton addressed the audience and board members concerning issues with a website, Town Park, police, beaches, highway truck, town taxes and reconciliation. Patrick Guerin addressed the board asking that all board members are accountable and report of activities. Martin Rosiek addressed the board concerning wildlife rehabilitation receiving local tax dollars. Lee Brunelli commented on residents attending meetings. Supervisor Pero addressed the board and audience concerning his service to the Town and what he has done for the community and the next four years. He also commented on problems and his availability to the people. Clark Borngraber commented to Supervisors availability and Police Dept. issues. Councilman Turner addressed Borngraber and left the meeting. Councilman Gier moved for adoption of the following #317, seconded by Councilman Fullone. Roll Call Vote: Gier- aye, Fullone ? aye, Kujawinski- aye, Pero-aye, 4 Ayes, 0 Nays, 0 Abstains #317 RESOLVED TO APPROVE ABSTRACT 11 0F 2009 FOR PAYMENT Abstract 11 0f 2009 Prepaid and unpaid as of November 10, 2009 General Fund Town wide Vouchers prepaid 447-451/Unpaid 452-487 Totaling: $33,447.80 General Fund ? Part Town No PrePaid / Unpaid 33-37 Totaling: $11,553.66 Highway Fund T.W. Vouchers no prepaid / Unpaid 77-87 Totaling: $8,415.69 Highway Part Town Vouchers: prepaid: 34-35/ Unpaid #36 Totaling: $5,110.02 Streetlighting ? Voucher #10 prepaid Totaling $2,306.60 Brant Farnham Sewer Dist ? Voucher #2 unpaid, Totaling: $11,900.00 2009 Brant Water Dist 1 ? Voucher #5 unpaid, Totaling: $292.50 Highway Payroll PT 10/11/09 to 10/30/09 Totaling: $1,998.53 Highway Payroll TW 10/11/09 to 10/30/09 Totaling: $5,440.09 General Town Wide Payroll 10/11/09 to 10/30/09 Totaling $27,606.92 General Part Town Payroll 10/11/09 to 10/30/09 Totaling $569.66 Councilman Turner moved for adoption of the following #318, seconded by Councilman Fullone. 4 ayes: Pero, Gier, Kujawinski, Fullone, 0 nays #318 RESOLVED: TO ADJOURN THE NOVEMBER MEETING OF THE BRANT TOWN BOARD AT 9:15 PM IN MEMORY OF DOUG TOWER AND SOLDIERS AT FORT HOOD. LISTEN TO AUDIO OF MEETING:

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[url=audio/11-10-09.WAV]11-10-09[/url]

Respectfully submitted, Thea A. Ells, Brant Town Clerk