Town Board minutes for 12/8/09


Minutes: Town Board Meeting Tuesday December 8th, 2009 at 7:30 PM Brant Town Hall. 	

Present: Supervisor Leonard Pero, Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Councilman Vincent Fullone, Attorney John Grennell, Recording Secretary: Town Clerk Thea Ells Absent: Councilman Roseann Turner

Record of Sign In: Joseph Giambrone, Charles Arrigo, Rose DeMaria, Janet Bowman, Brian Rott, Michele Kujawinski, Debra A. Ritz, Kirk Ritz, Lynda Ostrowski, Joe Ostrowski, William Easterling, Don Clark, Frank Broughton, Tim Broughton, Shannon Guerin, Martin Rosiek, Patrick Guerin III, Mike Daniel, Barb Daniel, John Arrigo, Ron Kobel, Chad Kaczmarek, 
Lee Brunelli, Sam Chiavetta, Mike Lockwood, Frank Montleone. 

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 Gier moved for adoption of the following motion #319, seconded by Supervisor Pero: 4 ayes: Pero, Gier, Kujawinski, Fullone. 0 nays 
# 319: RESOLVED: TOWN BOARD MEETING MINUTES FROM NOVEMBER 10 ARE APPROVED AS PRESENTED 

Councilman Kujawinski moved for adoption of the following motion #320 seconded by Councilman Fullone: 4 ayes: Pero, Gier, Kujawinski, Fullone 0 nays 
# 320: RESOLVED: SUPERVISORS OCTOBER 2009 FINANCIAL REPORT IS APPROVED AS PRESENTED

Councilman Fullone moved for adoption of the following motion #321, seconded by Councilman Gier. Roll Call Vote: Fullone ? aye, Gier ? aye, Kujawinski- aye, Pero-aye 4 Ayes, 0 Nays, 0 Abstains 
#321: 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)
 $       318.00 	Decrease	A7110.2	Parks	Equip & Cap Out	
 $      (318.00)	Increase	A5132.4	Garage	Contr expend	317.24 
					
 $      (329.00)	Decrease	A7110.2	Parks	Equip & Cap Out	
 $      (329.00)	Increase	A7110.1	Parks	Pers Serv	328.02 
					
 $       240.00 	Decrease	A7110.2	Parks	Equip & Cap Out	
 $      (240.00)	Increase	A7180.1	Pool	Pers Serv	239.03 
					
 $       350.00 	Decrease	A7110.2	Parks	Equip & Cap Out	
 $      (350.00)	Increase	A7180.4	Pool	Contr expend	349.03 
					
General Fund Part Town(B)
 $         56.00 	Decrease	B1990.4	Contingent Account	Contr expend	
 $        (56.00)	Increase	B8010.4	Zoning	Contr expend	55.96 
					
Highway Fund Part Town (DB)
 $     5,334.00 	Decrease	DB5112.4	Permanent Improvements	Contr expend	
            40.00 	Decrease	DB9040.8	Workmans Compensation		
 $     5,374.00 	Increase	DB5110.1	General Repairs	Pers Serv	5,373.07 
					
 $       393.00 	Decrease	DB9040.8	Workmans Compensation		
 $      (393.00)	Increase	DB9030.8	Social Security		392.05 
					
 $       865.00 	Decrease	DB9040.8	Workmans Compensation		
 $      (865.00)	Increase	DB5110.4	General Repairs	Contr expend	864.43 
 	 	 	 	 	 
Water District #1 (SW)
 $         93.00 	Decrease	SW9730.7	Bond Anticipation Note-Interest		
 $        (93.00)	Increase	SW8310.4	Water Administration	Contr expend	92.50 
 	 	 	 	 	 


Councilman Gier moved for adoption of the following motion #322, seconded by Councilman Kujawinski:  4 ayes: Pero, Gier, Kujawinski, Fullone. 0 nays
#322 RESOLVED: TOWN CLERK?S OCTOBER 2009 FINANCIAL RECONCILIATION REPORTS BE ACCEPTED AS PRESENTED

Councilman Gier moved for adoption of the following motion #323, seconded by Councilman Fullone. 4 ayes: Pero, Gier, Fullone, Kujawinski 0 nays
#323: RESOLVED: OCTOBER 2009 JUSTICE GUGINO & JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED

Councilman Kujawinski moved for adoption of the following motion #324, seconded by Supervisor Pero.  4 ayes: Pero, Gier, Kujawinski, Fullone 0 nays
# 324 RESOLVED: NOVEMBER 2009 CODE ENFORCEMENT OFFICER REPORT AS PRESENTED Summary: Inspections: Field -28, construction-7, court compliance 4, illegal junkyards, 3 demolition site insp., court appearances- 3, building permits issued- 4,  meetings attended -

Councilman Gier moved for adoption of the following #325, seconded by Councilman Kujawinski. 4 ayes: Pero, Gier, Kujawinski, Fullone 0 abstain
#325: RESOLVED: NOVEMBER 2009 DOG CONTROL OFFICER?S ACTIVITY REPORT AS PRESENTED  Summary:  1 barking dog complaints,  3 dogs at large, 1 appearance tickets, 1 court cases ?1 neglect  

Councilman Fullone moved for adoption of the following #326, seconded by Supervisor Pero. 4 ayes: Pero, Gier, Kujawinski, Fullone. 0 Abstain 
#326: RESOLVED: NOVEMBER 2009 POLICE ACTIVITY REPORT BE ACCEPTED AS PRESENTED  Summary: 4347- miles patrolled, Arrests: Felony -12, misdemeanor- 12, V&T- 127, complaints ? 60, property checks ? 136

Councilman Gier moved for adoption of the following #327, seconded by Councilman Kujawinski. 4 ayes: Pero, Fullone, Kujawinski. 0 nays 
#327: RESOLVED: NOVEMBER TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED AS PRESENTED Summary: Total monies rec?d - $1,204.26, Town share $304.19, Erie County $31.72, NYS Health $0.0 NY State Ag & Mkts $33.00, NYS DECALS $835.35, Security Deposits $00.00 Councilman Kujawinski commented on new regulations for burning and made copies from the DEC available to the Clerk

Councilman moved for adoption of the following #328, seconded by Supervisor Pero. 4 ayes: Pero, Gier, Fullone, Kujawinski 0 nays 
#328: RESOLVED: NOVEMBER PLANNING BOARD MEETING REPORT TO THE BOARD BE ACCEPTED AS PRESENTED Summary of Report: no quorum - members present reviewed revision of property notification for hearings, billboard/sign law amendment shall be reviewed next month.  

Acknowledgement of Dignitaries and Invited Guests:  
Legislator Bob Reynolds spoke to the Board and those in attendance of the honor he has had serving as their legislator and shared various information including HEAP, Farmland Protection, Libraries, and the Water Shed District.  

OLD BUSINESS: 

Refuse Bid Spec?s were opened November 19 at 2:00 pm in the Town Clerks Office, Deputy Clerk Daniel, Michele Browning, Joseph Scaffidi (Allied), and Timothy Adamczack (Casella. Three Bids received.  
Casella (Westfiled Disposal)	4735 West Lake Rd	1 Bid hand delivered Sealed 11/19 @ 1:30 PM 	 
 	Dunkirk, NY 14048	years 1 & 2 base unit price of $144.36 X 900 stops $129,924.00	 
 	 	Year 3 1) current disposal rate, 2)current price/gal for diesel fuel, 3) CPI	 
Allied Waste (BFI)		2 Bid hand delivered & sealed 11/19 @ 1:32 PM	 
 		for years 1 & 2 base unit price of $173.16 X 900 stops $155,844.00	 
 		Year 3 - current charges plus unit count adjustment CPI not over 3%	 
NU WAY Sanitation-Jeff Smith	PO Box 192, Arcade,
 NY 14009	none received 	 
 			 
Waste Manegement 	West Seneca 	1 Bid rec'd via UPS Sealed 11/18 by Court Clerk found by Town Clerk after
 		3:00PM/ years 1 & 2 $240.00 X 900 stops $216,000.00	 
 		Year 3 price include 4% rate increase	 


Supervisor Pero moved for adoption of the following motion #329, seconded by Councilman Kujawinski. Roll Call Vote: Pero-aye, Kujawinski- aye, Fullone ? aye, Gier ? aye, 4 Ayes, 0 Nays, 0 Abstains 
#329: RESOLVED TO AWARD THREE YEAR CONTRACT WITH CASELLA WASTE ON CONDITION OF FARNHAM VILLAGE ATTORNEY APPROVAL AND FARNHAM VILLAGE BOARD AT THEIR NEXT MEETING. 

Time Clocks Highway: 
Pero stated that he okayed installation of time clock for $2130.00 at the Highway Garage. 
Question from the floor. 
 
NEW BUSINESS:

Set January 4, 2010 for Organizational Meeting 
Supervisor Pero announced that the Organizational Meeting will be Monday January 4th @ 7:00 PM with the elected officials? oath taking at 6:30 PM at the Brant Town Hall. 

Security System
Councilman Gier reported that he met with a couple companies for swipe cards for entry into buildings, records entry times, etc. Wireless hand swipes for time clocks, etc. Pero asked that Gier head up the research etc for the security. 


LSY Wrestling Program 
Chad Kaczmarek gave each Councilman a package with information about their program. 
Chad said ages range from three to sixteen and possibly fifteen vehicles using facilities, three weekday evenings a week.  The group has heaters to use if needed, and will offset the bills to cover their costs.  Pero said the Town has a grant to improve the building so construction may interfere.  Board members discussed insurance cert, agreement with Town for use, and insurance carriers, availability, snow removal, and cleaning, Brant and Farnham Baseball practice.  Pero asked Gier and Kujawinski to handle details with wrestling organization. Chad Kaczmarek will receive one key and he will be responsible. All discussed will be included in agreement. 

Supervisor Pero moved for adoption of the following motion #330, seconded by Councilman Gier. Roll Call Vote: Pero-aye, Gier ? aye, Fullone ? aye, Kujawinski- aye           4 Ayes, 0 Nays, 0 Abstains 
#330: RESOLVED TO APPROVE RECREATION BUILDING USE BY LAKE SHORE BARN GRAPPLERS CONTINGENT UPON RECEIPT OF INSURANCE CERT. NAMING TOWN AS ADDITIONAL INSURED AND A SIGNED AGREEMENT FROM TOWN ATTORNEY WITH LSBG YOUTH WRESTLING ORGANIZATION

Supervisor Pero reviewed the 2009 season Lake Shore Youth Football and the competition they participated in. 
Salt Agreement:
Pero stated he presented an agreement and reviewed with Board members.
Councilman Gier moved for adoption of the following motion #331, seconded by Councilman Fullone. Roll Call Vote: Gier ? aye, Fullone ? aye, Kujawinski- aye, Pero-aye  4 Ayes, 0 Nays, 0 Abstains 
#331: RESOLVED TO Authorize SUPERVISOR PERO TO SIGN SALT AGREEMENT WITH LAKE SHORE CENTRAL SCHOOLS. 

Report of Committees

New Town Hall Committee next meeting will be Monday December 14th @ 7:00 PM 

Town Board and Other Reports
Fullone ? nothing new
Gier ? covered security and is still gathering information on fuel cards 
Kujawinski ? DEC regulations covered
Pero ? CDBG- Pero received information from Erie County for Recreation project and our ranking.
Miscellaneous Information & Correspondence:
Supervisor Pero acknowledged receipt of information from: Time Warner Cable, Cornell extension, pest management, County of Erie ? Rec. we can start bid process.  

Councilman Gier moved for adoption of the following #332, seconded by Councilman Fullone. Roll Call Vote: Gier- aye, Fullone ? aye, Kujawinski- aye, Pero-aye, 4 Ayes, 0 Nays, 0 Abstains 
#332 RESOLVED TO APPROVE ABSTRACT 12 0F 2009 FOR PAYMENT  
General Fund Town wide Vouchers prepaid 488-492/Unpaid 493-522 Totaling: $17,300.16

General Fund ? Part Town No Pre Paid / Unpaid 38-46 Totaling: $11,952.97

Highway Fund T.W.  Vouchers prepaid 88-89 / Unpaid 90-96 Totaling: $4,388.73 

Highway Part Town Vouchers: None (deleted 37 entered in error)

2009 Fire Protection ? Voucher #5-6 Totaling $104,430.00

Street lighting ? Voucher #11 Totaling $2,415.91

Highway Payroll PT 11/01/09 to 11/21/09 Totaling: None
Highway Payroll TW 11/01/09 to 11/21/09 Totaling: $8,292.37

General Town Wide Payroll 11/01/09 to 11/21/09 Totaling $27,517.73 
General Part Town Payroll 11/01/09 to 11/21/09 Totaling $554.4

Supervisor Pero asked that if anyone wished to speak.

Frank Montleone addressed the issue of access to Erie County Water at his property on Erie Road in Brant.  

  
Councilman moved for adoption of the following #333, seconded by Councilman Fullone.  4 ayes: Pero, Gier, Kujawinski, Fullone, 0 nays
#333 RESOLVED: TO ADJOURN THE DECEMBER MEETING OF THE BRANT TOWN BOARD AT 8:25 PM IN MEMORY OF DONNA BECKER AND LINDA RUBECK 

Respectfully submitted,

Thea A. Ells, Brant Town Clerk