ORGANIZATIONAL MTG 1-4-10


Record of the Brant Town Board Organizational Meeting, from Monday January 4th, 2010 held at the Brant Town Hall 1294 Brant North Collins Rd., Brant, NY 14027 


Present: 
Supervisor Leonard Pero, Councilman Clark Borngraber, Councilman Jeffrey Gier
Councilman, Vincent Fullone, Councilman Daniel Kujawinski 
Attorney John Grennell, Bill Trask, Sr., Recording Secretary: Town Clerk Thea A. Ells, Deputy Town Clerk Barbara Daniel.
Also Present: Martin Rosiek, Kirk Ritz, Debra Ritz, Janet Bowman, Michele Kujawinski, RoseMarie DeMaria, Michael Daniel, Lee Brunelli, Sam Chiavetta, Sam Lojacono, Joe Ostrowski, Lynda Ostrowski, Joe DeCarlo, George Cordia, Frank Broughton, Brian Campbell, John O?Donnell, Betty O?Donnell.

Verify Notice of Public Hearing

Town Clerk Thea Ells read & verified the following was published in The Sun on December 24, 2009 and posted in the Town Hall on the Town Clerks Notice Board, at the Brant Post Office, & Farnham Post Office.
Notice is hereby given that the Brant Town Board will hold their 2010 Organizational Meeting on Monday January 4th @ 7:00 PM Notice is hereby given that the first regular meeting of same Board will take place on Tuesday January 12th @ 7:00 PM and will be held in the Brant Town Hall, located at 1294 Brant- N. Collins Rd., Brant, New York, unless otherwise posted. Please call the Town Clerks Office for information and or check our web- site at Brantny.com. The posting of this notice and advising the legal newspaper, complies with Article 7 of the Public Officers Law?.relating to open meetings. By order of the Brant Town Board, Thea A. Ells, Brant Town Clerk, December 18th, 2009
PARLIAMENTARY PROCEDURE:
Supervisor Pero read the following resolution:
#1 - Robert?s rules of order shall prevail, except where such rules are inconsistent with any local rule or resolution pertaining to the conduct of town business.
Supervisor Pero requested for a motion from a member of the board. Councilman Kujawinski moved, and Councilman Fullone seconded the motion. 5 ayes  #1 Approved.  

#2 - Kujawinski motioned to adjust the rules for the agenda procedure with the following addition: ?Deadline for all Agenda items will be 12 noon Friday preceding the meeting, with the agenda available to the Officials by 4:00 PM and items not on the agenda will require a majority vote to be added to the agenda to be included in Board discussion?.  Councilman Gier seconded the motion.  5 ayes, 0 nays #2 Approved  Agenda Items deadline.

 Board Meeting Procedures

#3 - Procedures for the agenda of regular monthly meetings in the year 2010 shall be adopted as follows:  

1.)	Call to order by the Supervisor
2.) Pledge of Allegiance to our Flag
3.) Minutes of Last Meeting(s) Approved or corrected
4.) Monthly Reports from Department Heads
5.) Public Hearings or Bid Openings (which usually start at 8 pm or as posted) 
6.) Acknowledgement of Dignitaries and Invited Guests 
7.) Old Business                                                                                                                                                    8.) New Business
9.) Reports of Committees
10.) Action on Committee reports
11.) Appointment of New Committees to fill vacancies
12.) Reports of the Town Board
13.) Correspondence & Communications Read --- communications filed with the clerk shall be prior to 12:00 PM (noon) of the day prior to a meeting shall receive consideration for review.
14.) Actions taken on Communications
15.) Miscellaneous
16.) Privilege of the Floor with Rules of Civility adopted
17.)	Approval of Abstract    
18.)	Adjournment 

ORDER OF ROLL CALL
Supervisor Pero read the following resolution:
#4 - Rules of conduct for the order of roll call shall be the following by the clerk present at the meeting; the board member who moves the resolution shall be called upon first to vote, the board member who seconds the resolution shall be called upon second to vote. The remainder of the roll call shall be at the discretion of the clerk. 
Supervisor requested a motion from a member of the board. Councilman Fullone moved for adoption, seconded by Councilman Gier.   5 ayes, 0 nays #4 Approved
 
DESIGNATION OF OFFICIAL NEWSPAPER 
Supervisor Pero read the following resolution:
#5 - Designation of official newspaper:  the Sun, and as needed alternates, the Buffalo News and the Dunkirk Observer for a one year term
Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Councilman Kujawinski. 5 ayes, 0 nays  #5 Approved 

MONTHLY MEETING SCHEDULES
Supervisor Pero read the following resolution:
#6 - Designation of monthly meeting schedule: 2nd Tuesday of the month at 7:30 PM. To be held at the Town Hall unless otherwise notified in advance. 
January 12, 2010 - February 9, 2010 - March 9, 2010 - April 13, 2010 - May 11, 2010 - June 8, 2010 - July 13, 2010 - August 10, 2010 - September 14, 2010 - October 12, 2010 - November 9, 2010 - December 14, 2010
Regular Monthly meetings may be omitted or dates changed where a conflict of such regular meeting exists with Holidays or other official business or call of the Supervisor. All other meetings shall be at the call of the Supervisor, the time and place to be announced by Supervisor and or notice of such meeting posted. Work sessions  hour prior to monthly meetings and as needed
Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Supervisor Pero.  5 ayes, 0 nayes #6 Approved 

DESIGNATION OF BANKS 
Supervisor Pero read the following resolution:
#7 ? Designations of banks for depositories: shall be Evans Bank, HSBC, and Bank of USA for a one year term. Authorizing the Deputy Supervisor to dispense funds in the absence of Supervisor, and give Supervisors? secretary authority to transfer funds between accounts but not authorized to dispense any funds. Supervisor requested a motion from a member of the board. Councilman Fullone moved for adoption, seconded by Councilman Gier.  5 ayes, 0 nayes #7 Approved 

INVESTMENT POLICY
Supervisor Pero read the following resolution:
#8 - Investment Policies as follows: The objective of the investment policy of the Town of Brant is to minimize risk, to insure that investments mature when the cash is required to finance operations, and to insure a competitive rate of return. To keep In accordance with this policy, the Chief Fiscal Officer is hereby authorized to invest all funds, including proceeds of obligation and reserved funds in Certificates of Deposits issued by a bank or trust company authorized to do business in New York State. Repurchase agreements involving the purchase and sale of Direct Obligations of the United States; and Time Deposit accounts in a bank or trust company authorized to do business in New York State, and to participate in Municipal Cooperation Agreement Investment pools legally permissible under New York State statutes and NYS general municipal law articles 3-A and 5-G. COLLATERAL ? certificates of deposit shall be fully secured by insurance of the Federal Deposit Insurance Corporation (FDIC) or by obligations of New York State or obligations of The United States of America or obligations of Federal agencies in which the Principal and Interest of the Town?s investment are guaranteed by the United States of America or obligations of New York State local governments. Collateral shall be held by the seller bank?s trust department or it?s designate. The market value of collateral shall at all times equal or exceed the Principal amount of the certificate of deposit. Collateral shall be monitored no less frequently than quarterly. Investments in Time deposits, CD?s & Repurchase agreements are to be made with banks or trust companies, and at the time and when Independent Auditors conduct an Annual Audit of the accounts and financial affairs of the Town, the Independent Auditors shall audit the investments of the Town for compliance with the provisions of these investment guidelines.
Supervisor requested a motion from a member of the board. Councilman Kujawinski moved for adoption, seconded by Supervisor Pero. 5 ayes, 0 nays #8 Approved 

PROCUREMENT POLICIY
Supervisor Pero read the following resolution:
#9 - Procurement Policy as follows: that all department heads, elected and appointed officials must consult with the Supervisor prior to the purchase of any item or groups of items costing $250.00 or more. Exception: Highway Department must consult with the supervisor prior to the purchase of item or items of $600.00 or more. All department heads elected and appointed must also consult with the supervisor before the hiring of any employee or of any major repair job of the town. 
All department heads must sign vouchers for all purchases and then submit to Supervisor?s office for review, upon review it must be approved by auditing committee before purchase will be paid. All prepaid vouchers must be approved by Supervisor.
Supervisor requested a motion from a member of the board. Councilman Fullone moved for adoption, seconded by Councilman Borngraber   5 ayes, 0 nayes #9 Approved 

PRE PAY POLICY 
Supervisor Pero read the following resolution:
#10 - Prepays should be noted as ?prepaid? on the Abstract of Claims and should be audited as soon as possible and presented to the Town Board at the next regular meeting. The entire Town Board is responsible for the Town?s finances. ?Officers or employees approving these claims may be personally liable if they are subsequently rejected? (Town Law 118) The following are the claims made that MAY be paid before action by the Audit Committee and the Town Board.  National Grid , National Fuel, Disability, Insurance/Workman?s Comp Verizon Wireless Land line Phone service, Debt Service, Serial Bonds, e.g. USDA Rural Development, Postage fees, Crystal Rock (water), Health, Dental Insurance, NY State Mandates, Fees, Penalties, Court fines, etc., NYS Retirement, Payroll and other taxes, Freight & Express Charges, Contracts of more than one year. No contracts of one year or less, e.g. Park upkeep, etc. may be considered for prepayment. Any Bills that will incur a late fee or penalty because it was missed in the previous audit and approved by the board by phone.  Supervisor requested a motion from a member of the board. Councilman Kujawinski moved for adoption, seconded by Councilman Gier. 5 ayes, 0 nayes #10 Approved 

BLANKET BOND & OFFICIAL UNDERTAKING
Supervisor Pero read the following resolution:
#11 - Approve a Blanket Bond for town officials. Official Undertaking. Discussion whether Bond is for all employees and if the Insurance covers Bonds.  Supervisor Pero asked for a motion to table until next Board meeting to research further.   Councilman Kujawinski moved, seconded by Councilman Fullone.  5 ayes, 0 nayes  #11 Approved to TABLE until next month.
#12  Supervisor Pero to be hereby permitted to sign his signature by Facsimile & or E-Mail.  Motion moved by Councilman Gier, seconded by Councilman Fullone. 5 ayes, 0 nays   #12 Approved.

ISSUE PAYROLL CHECKS 
Supervisor Pero read the following resolution:
#13 - Authorize Computer Search Corporation to issue payroll checks for the town of Brant, New York under a facsimile as has been designated as long as their services are needed by the town, with all payroll paid bi-weekly unless otherwise stated due to circumstances. Supervisor requested a motion from a member of the board. Councilman Fullone moved for adoption, seconded by Councilman Kujawinski. 5 ayes, 0 nays   #13 Approved 

#14 SALARIES FOR ELECTED TOWN OFFICIALS 2010 
Supervisor Pero asked for a motion to set the elected official?s 2010 salaries as follows:
Supervisor @$18,000.00 /yr, Councilmen (4) @$4,350.00 each /yr, Town Justices (2) @ $11,000.00 each/yr., Town Clerk@$25,200.00/yr, Highway Superintendent.@$22,260.00/yr. Supervisor requested a motion from a member of the board. Councilman Gier questioned the Supervisor?s raise.  Pero explained that this is the money he got last year, based on the different departments.  He added that the Budget Director is the Supervisor and therefore the position has been rolled into one and no money is going to Budget Director.  Supervisor Pero made the motion to set the salaries as posted, seconded by Councilman Fullone.  A roll call vote was taken: Pero -aye, Fullone-aye, Kujawinski-nay, Gier?nay, Borngraber-nay, 2 ayes, 3 nays   #14 Defeated  - Town Attorney Grennell explained salaries would then stay at 2009 figures.
 
PERMISSIBLE EXPENSES 
Supervisor Pero read the following resolution:
#15 - Legal and permissible expenses for town officials authorized in advance with documentation of mileage & receipts required and limited by budgeted amounts. Supervisor requested a motion from a member of the board. Councilman Kujawinski moved for adoption, seconded by Councilman Gier. 5 ayes, 0 nays #15 Approved

MILEAGE RATE FOR TOWN OFFICIALS
#16 Mileage rate for town officials? .50/mi. for the use of their cars for official town business upon presentation of a mileage log & voucher to the town.  Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Councilman Borngraber. 5 ayes, 0 nays #16 Approved

PERMISSION TO ATTEND THE ASSOCIATION OF TOWN?S MEETINGS 
Supervisor Pero read the following resolution:
#17 - It is desirable to attend the Association of Town?s meeting on February 14 ?17 in New York for training purposes that each Town Board member, each Judge, the Town Clerk, Highway Superintendent, Town Code Officer and Town Attorney may attend by permission of the Town Board, that each official attending will be allowed a maximum of $1,200.00 for all expense incurred. Reimbursed expense will include; registration, travel, room and meals only, everything else is the responsibility of the attendee, and receipts and vouchers are required for reimbursement. Supervisor requested a motion from a member of the board. Councilman Kujawinski asked if the $200.00 increase had been included in the budget.  Pero responded yes.  Councilman Kujawinski moved for adoption, seconded by Councilman Gier. 5 ayes, 0 nays   #17 Approved

Supervisor Pero read the following resolution:
#18 - Appointment for a one year term of delegate, Supervisor Pero, and alternate, Judge Gugino, to Association of Towns meeting in New York City in February 2010. Supervisor requested a motion from a member of the board. Councilman Kujawinski moved for adoption, seconded by Councilman Fullone. 5 ayes, 0 nays #18 Approved

Supervisor Pero read the following resolution:
#19 - Approval for Town Clerk to attend Town Clerk & Tax Collector Association conferences at maximum of $600.00 each, or Association conference in New York at $1,200.00 Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Councilman Kujawinski.  5 ayes, 0 nays #19 Approved

TOWN APPOINTMENTS & AUTHORIZATIONS: 
Supervisor Pero read the following resolution:
#20 - Appointment of clerks to the justice per recommendation of Judges to justice court: for a one year term. Judge Gugino clerk / Karen Cary @$10.70/ per hr and clerk Michele Browning @ 10.70/per hr for court nights with a cap of $22,000.00 total per year. Judge Crouse clerk / Julie Sager @$10.70/per hr and clerk Michele Browning @10.70 per hr for court nights with a cap of $22,000.00 total per year based on 39 hours/week each.  Councilman Kujawinski moved for adoption, seconded by Councilman Gier. 5 ayes, 0 nays #20 Approved

Supervisor Pero read the following resolution:
#21 - Appointment of court stenographers of McCann & McCann, for a one year term @ $100.00 per occasion, adding $35.00 for sessions over 4 hours. Supervisor requested a motion from a member of the board. Councilman Borngraber moved for adoption, seconded by Councilman Kujawinski. A roll call vote was taken: Borngraber-aye, Kujawinski-aye Fullone?aye, Pero-aye, Gier-aye 5 ayes, 0 nays   #21 Approved

#22 Supervisor Pero motioned to appoint as Town Prosecutor, John Grennell to a one year term at an annual salary of $8,000.  Fullone seconded motion.  2 ayes, 3 nays.  #22 Defeated.  Councilman Kujawinski made a motion to appoint John Grennell as Town Prosecutor for one year term with an annual salary of $5,500.  Councilman Gier seconded the motion.  A roll call vote was taken: Kujawinski-aye, Gier-aye, Fullone?nay, Borngraber-aye, Pero-nay, 3 ayes, 2 nays   
#22.a - Appointment of Town Prosecutor John Grennell for a one year term: annual salary of $5,500.   #22.a  Approved

#23 Supervisor Pero motioned to appoint John Grennell as Town Attorney to a two year term at an annual salary of $9,500.00. Term ends December 31, 2011 (January 2010 ? December 2011).  Councilman Fullone seconded the motion.  A Roll call vote was taken? Pero-Aye, Fullone-Aye, Borngraber-Nay, Gier-Nay, Kujawinski-Nay.   #23 Defeated.  

#23.a - Councilman Kujawinski presented a motion to appoint William Trask, Sr. as Town Attorney for a two year term with an annual salary of $12,000.  Supervisor Pero motioned to table their decision to allow the Board to discuss hiring a new person.  Gier reiterated the current motion to appoint Trask.  Borngraber seconded the motion.  A roll call vote was taken: Kujawinski-Aye, Borngraber-Aye, Gier-Aye, Fullone-Nay, Pero-Nay.  3 Ayes, 2 Nays.  #23.a - approved to Appoint William J Trask, Sr. as Town Attorney to a two year term at an annual salary of $12,000. 

#24 - Appointment of Secretary to Supervisor/bookkeeper per recommendation of Supervisor, Michele Browning for a one year term @ 14.30 per hour with a cap of $22,308.00. (30 hours per week). Supervisor requested a motion from a member of the board. Supervisor Pero moved for adoption, seconded by Councilman Kujawinski. A roll call vote was taken: Pero-aye, Kujawinski?aye, Fullone-aye, Gier-aye, Borngraber-aye, 5 ayes, 0 nays   #24 Approved

Supervisor Pero read the following resolution:
#25 - Authorization for Supervisor to hire accountant to do Supervisors annual reports. Also to permit bookkeeper, Town Accountant and Supervisor to make minor changes at end of year and for the Supervisor to negotiate ban?s for 2009.  Appointment of Town Accountant with auditing duties: R. A. Gryksa & Associates for a one year term: annual contract $15,000.00 A1320.4. Supervisor Pero made a motion to approve the appointment of R.A. Gryksa. The motion was seconded by Councilman Fullone, 2 Ayes, 3 Nays.  #25 Defeated 
 
Motion #26 was presented by Councilman Kujawinski to appoint R.A. Gryksa on a  month to month basis  appointment at a salary of $1,000.00 per month contingent on review of his contract by Town Attorney and approval of timely monthly reports, and Board review. Discussion: Fullone asked if someone else was being considered. Councilman Borngraber asked if Gryksa was a CPA.  Supervisor Pero announced that if the Accountant was to be changed, he will resign as Budget Director.  He added this will be the consequence he will give in response.  Councilman Gier seconded the motion made by Councilman Kujawinski.  A roll call vote was taken: Kujawinski-aye, Gier-aye, Fullone-Nay, Borngraber-aye, Pero-Nay, 3 ayes, 2 nays   #26 Approved

#27 Approve Supervisor Pero to negotiate BAN (Bond Anticipation Notes) for 2010: Councilman Gier made the motion, which was seconded by Councilman Fullone.  A roll call vote was taken: Gier-aye, Fullone?aye, Kujawinski-aye, Borngraber-abstain, Pero-Aye, 4 ayes, 0 nays, 1 Abstain   #27 Approved

#28 ? Acknowledgement of appointment of Sole Assessor Joseph DeCarlo with term ending Sept. 30, 2014 annual salary $13,000.00 (Appointment Sept-2007) Supervisor requested a motion from a member of the board. Councilman Kujawinski moved for adoption, seconded by Councilman Gier. 5 ayes, 0 nays   #28 Approved

Supervisor Pero read the following resolution:
#29 - appointment of Secretary to Assessor?s office per recommendation of Assessor, Janet Bowman for a one year term @ $11.60 /per hr. /cap at $10,000.00 Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Councilman Kujawinski.  A roll call vote was taken: Gier-aye, Kujawinski-aye, Fullone-aye, Borngraber?aye, Pero-aye 5 ayes, 0 nays   #29 Approved

#30 - appointment of Board of Review member JOYCE ELLIS for a term of 5 years from 10/1/09 to 9/30/14 @ $100.00 annually Councilman Kujawinski moved for adoption, seconded by Councilman Borngraber. A roll call vote was taken: Kujawinski-aye, Gier-aye, Fullone?aye, Pero-aye, Gier-aye, 5 ayes, 0 nays   #30 Approved

Supervisor Pero stated there were no applicants to fill the position of Board of Review Member to replace Councilman Borngraber vacancy.  Councilman Borngraber motioned to appoint Trustee George Cordia.  Pero questioned the legality of appointing a Village Trustee to the position.  Clerk informed Pero that Board already has a Village Trustee on the Board, however  George Cordia gratefully declined the nomination.
#31 ? No appointment to fill the vacancy left by Clark Borngraber on the Board of Review.  Position remains unfilled.

#32 ? No Appointment of Secretary to the Board of Review vacated by Michele Browning.

Supervisor Pero read the following resolution:
#33 - approve appointment of Deputy Clerk per recommendation of Town Clerk: Barbara Daniel for a one year term @ $11.25 per hr with a total cap of $17,000.00 Supervisor requested a motion from a member of the board. Councilman Kujawinski moved for adoption, seconded by Councilman Gier.  A roll call vote was taken: Kujawinski-aye, Gier-aye, Fullone?aye, Borngraber-aye, Pero-aye, 5 ayes, 0 nays   #33 Approved

#34 - appoint funds in the amount of $500.00 in the event a town engineer is needed Councilman Gier moved for adoption, seconded by Supervisor Pero. A roll call vote was taken: Gier-aye, Pero-aye, Borngraber-aye, Fullone?aye, Kujawinski-aye, 5 ayes, 0 nays   #34 Approved

Supervisor Pero read the following resolution:
#35 - approve appointment of records management officer, Thea Ells, for a one year term, annual salary $1,400.00 Councilman Borngraber moved for adoption, seconded by Councilman Gier.  5 ayes, 0 nays   #35 Approved

Supervisor Pero requested a motion to:
#36 - appoint Connie D. Miner as grant writer for a one year term annual contract of $15,000.00.  Councilman Kujawinski motioned to table the appointment until the Board had an opportunity to discuss personnel issues. Councilman Gier seconded the motion.  5 ayes, 0 nays.  #36 TABLE the appointment of Grant Writer until the meeting to be held at 6:00 PM, prior to the Board?s next regularly scheduled meeting on January 12, 2010.

Supervisor Pero read the following resolution:
#37 - appointment of town hall cleaner: Goldie DeSaviro, & custodians for community bldg. / recreation bldg. And town hall as needed: Marge and John Bates for a one year term @$9.50 /per hr/total cap at $7,500. Supervisor Pero moved for adoption, seconded by Councilman Fullone. Councilman Borngraber asked if there were any other applicants.  Pero answered, Cheryl Macko.  Councilman Borngraber moved to table the appointment until the Board had time to review the applications.  The motion was seconded by Councilman Kujawinski.  5 Ayes, 0 Nays  #37 Approved to TABLE

Appointment of representative to N. E. S. T. Left unaddressed

#38   Supervisor Pero requested motion to:? Acknowledge appointment of Part time police officers whose compensation for hours worked may not exceed 19.5 hours per week.  
Patrolman  Ronald Raczka @ $16.35/hr 
Investigator -John Giacchino @ $16.35/hr
Patrolman ? David Hock @ $16.30/per hr, 
Patrolman, Rick Lopez @ $16.30/hr, 
Patrolmen Re? Biastre, Mark Slawek and John Lopez @ $15.75 
Patrolwoman Jennie Alessi, Patrolmen Gerald O?Brien and Mike Perry @$15.50/hr  Patrolmen Nick Nesci and Tom Kurdziel @ $15.25/hr
Patrolmen Anthony Caber, Nathan Miller, Sean Hotnick @ $15.10/hr
 All cap at $100,000.00 - court bailiff -Samuel Pinto@ $15.50 per hr. /cap at $3,720.00 
Councilman Gier moved to table the above appointments until further review, seconded by Councilman Borngraber. 4 Ayes, 0 Nays   #38 Approved To TABLE appointments

#39 - Supervisor Pero motioned to appoint Cadet Joshua Nolan as Part Time Police Officer with no compensation to start at $14.50/hr. after graduation and when approved.  Councilman Borngraber seconded the motion.  A roll call vote was taken: Pero-aye, Borngraber?aye, Fullone-aye, Gier-aye, Kujawinski-aye, 5 ayes, 0 nays   #39 Approved appointment Josh Nolan

Supervisor Pero requested the following acknowledgment:
#40- appointment of Town Supervisor as POLICE COMMISSIONER per Town & State Code, the position of Police Commissioner shall be held by the Supervisor and in his absence the Deputy Supervisor. Supervisor requested a motion from a member of the board. #40 No Motion received

#41 - Councilman Gier moved to change the Police Commissioner to Councilman Borngraber.  Councilman Kujawinski seconded Gier?s motion.  Town Attorney notified the Board they would need four resolutions as follows:

#41.a
Rescind the current appointment and designation of the Town Supervisor as Police Commissioner.   A roll call vote was taken: Gier-Aye, Kujawinski-Aye, Fullone-Nay, Borngraber-Aye, Pero-Aye, 4 Ayes, 1 Nays   #41.a   Approved to remove Town Supervisor as Police Commissioner.




#41.b
To create a Board of Commissioners.  (Three person commission is required when the Police Commissioner is going to be anyone other than the Supervisor.)
Councilman Gier motioned to form a Board of Commissioners, as per Town Law #150.  Motion was seconded by Councilman Kujawinski.
A roll call vote was taken: Gier-Aye, Kujawinski-Aye, Fullone-Nay, Borngraber-Aye, Pero-Nay, 3 Ayes, 2 Nays   #41.b Approved the formation of a Board of Commissioners.
#41.c
To designate Councilman Clark Borngraber as Police Commissioner per Town Law #150.2  
Councilman Gier motioned to appoint Clark Borngraber as Police Commissioner.  Motion was seconded by Councilman Kujawinski.  Pero interjected that Councilman Borngraber cannot vote for himself under the Town?s new code of ethics.  .
A roll call vote was taken: Gier-Aye, Kujawinski-Aye, Fullone-Nay, Borngraber-Abstain, Pero-Nay, 2 Ayes, 2 Nays, 1 Abstain # 41.c Tie drawn in the the appointment of Clark Borngraber as Police Commissioner.  
Discussion: Town Attorney informed the Board that since the position of Police Commissioner has no pecuniary benefit (position is unpaid), there would be no violation if Borngraber was to vote for himself.  Councilman Gier motioned to resubmit the motion to appoint Clark Borngraber as Police Commissioner.  Motion was seconded by Councilman Kujawinski.  Supervisor Pero made a statement that certain Board members pushed to  pass a new code of ethics law that was intended to stop the current Supervisor and a Councilwoman from voting for themselves.  He informed the Board that since that law passed, he will go to the Attorney General if this motion passes to file a complaint.  He then asked for the Board to table the decision for further discussion.  Gier then motioned to table his resubmitted motion.  Motion to rescind was seconded by Councilman Fullone.  4 Ayes, 1 Abstain.  
# 41.c - Approved to TABLE Gier?s resubmitted motion to appoint Councilman Borngraber as Police Commissioner.

#42 - appoint police matrons - Amy Hamm and Lynn McNeal @ $30.00 per occasion.  Gier asked if these positions we Civil Service positions.  Attorney Trask replied that they are not, but there is a position of Police Attendant.  Councilman Borngraber moved for adoption, seconded by Councilman Gier. A roll call vote was taken: Borngraber-aye, Gier-aye, Fullone?aye, Kujawinski-aye, Pero-Aye, 5 ayes   #42 Approved

Supervisor Pero read the following resolution:
 #43 - appointment of bingo inspector, Phyllis Muscato, for a one year term @$30.00/ per occasion. Supervisor requested a motion from a member of the board. Councilman Kujawinski moved for adoption, seconded by Supervisor Pero. A roll call vote was taken: Kujawinski-aye, Pero?aye, Fullone-aye, Gier-aye, Borngraber-aye, 5 ayes, 0 nays   #43 Approved

Supervisor Pero read the following resolution:
 #44 - appointment of Spanish interpreter, Rosa Gullo, or a one year term @ $30.00 per occasion. Supervisor Pero moved for adoption, seconded by Councilman Borngraber. A roll call vote was taken: Pero-aye, Borngraber?aye, Fullone-aye, Gier-aye, Kujawinski-aye, 5 ayes, 0 nays   #44 Approved appointment

Supervisor Pero read the following resolution:
 #45 - approve appointment of dog control officer Barb Daniel for a one year term at annual salary $5,415.00   Councilman Gier moved for adoption, seconded by Supervisor Pero. A roll call vote was taken: Gier-aye, Pero?aye, Fullone-aye, Borngraber-aye, Kujawinski-aye, 5 ayes, 0 nays   #45 Approved

Supervisor Pero read the following:
Acknowledgement of Thea A. Ells as Registrar of Vital Statistics, with Barbara Daniel as Deputy Registrar for term to coincide with elective term of Town Clerk 

Supervisor Pero requested a motion to approve the following Highway appointments:
#46  appointment of Deputy Highway Superintendent per recommendation of highway superintendent, Bill Wesp for a one year term @ $18.23 PER HR
#47 - appointment of highway driver/worker per recommendation of highway superintendent, Marion Kijek for a one year term @ $17.58/per hr
#48 - appointment of part time highway laborers/ drivers, per recommendation of Highway Superintendent, Mark Reynolds @ $11.35, Charles Arrigo, Bill Giambrone, George Cordia, and Ronald Warrior as needed for a one year term @ $11.13 per hr. 
 #49 - appointment of Clerk to Highway Supt. Per recommendation of Highway Superintendent, Willa Rosenblatt for a one year term, annual salary $3,150.00 Supervisor Pero moved for adoption.  Councilman Gier requested a 3% increase on items #47 & 48, the wages of Wesp and Kijek.  Pero asked how much the raise would be per year and could their budget afford it.  Kujawinski stated approximately .55 cents increase per hour.  Pero motioned to table the increase on Wesp & Kijek.  Gier agreed to table in the interest of getting the correct figures.  Seconded by Councilman Fullone. A roll call vote was taken: Pero-aye, Fullone-aye, Borngraber-aye, Gier-aye, Kujawinski-aye, 5 ayes, 0 nays   #46 through 49 Approved to TABLE appointments and wage increases.

Supervisor Pero read the following resolution:
 #50 - appointment of Recreation Director Vincent Fininzio Jr. For a one year term, annual salary $3,520 based on 220 hours. Supervisor Pero moved for adoption, seconded by Councilman Gier.  A roll call vote was taken: Pero-aye, Gier-aye, Kujawinski-aye, Fullone?aye, Borngraber-aye, 5 ayes, 0 nays   #50 Approved

No motion was considered for the Appointment of Parks Commissioner.  

Supervisor Pero read the following resolution:
 #51 - appointment of Town Electrician Tim Clark @ $15.00 per Hr. as needed. Supervisor Pero moved for adoption, seconded by Councilman Fullone.  Discussion: Attorney Trask informed the Board there is no position of Town Electrician with Civil Service, although they have other titles like Caretaker.  Pero noted that we had it last year, and the year before that.  Trask recommended making the motion to appoint as Caretaker.  Pero made a motion to table the decision.  Motion was seconded by Councilman Gier.  5 ayes, 0 nays   #51 Approved to TABLE appointment

#52 - appointment of Code Enforcement Officer/ Building Inspector: Gary Brecker for a one year term at annual salary $6,900.00 Councilman Gier motioned to table the decision, seconded by Supervisor Pero.  5 ayes, 0 nays   #52 TABLE appointment of Code Enforcement Officer/Building Inspector

#53 - appointment of Zoning Board of Appeals member Stephen Twarozek for a new term end on 12/31/14 Moved by Councilman Kujawinski, Seconded by Councilman Fullone. 5  ayes   #53 Approved

#54 appointment of Zoning Board of Appeals alternate John J. Chiavetta for a one year term. Councilman Fullone moved for adoption, seconded by Supervisor Pero.  Borngraber.  5 ayes, 0 nays   #54 Approved to Appoint

#55 - appointment of Zoning Board of Appeals Chairman Donald Clark for a one year term Supervisor Pero moved for adoption, seconded by Councilman Fullone. 5 ayes, 0  nays   #55 Approved to appoint Donald Clark

Supervisor Pero read the following resolution:
 #56 - Appointment of a Planning Board member Michelle Hy for a new term thru 12-31-16  Supervisor Pero moved for adoption, seconded by Borngraber. 5 ayes, 0 nays   #56 Approved to Appoint Michelle Hy

#57 - Appointment to promote alternate planning Board member Norm Dotzler to fill the vacancy left by Tom Gerace, Jr. (resigned) through December 2010. Supervisor Pero moved for adoption, seconded by Councilman Fullone 5 ayes, 0 nays   #57 Approved to Appoint Norm Dotzler

#58 - Appointment of an alternate planning Board member Martin Rosiek for a one year term. Supervisor Pero made the motion, Councilman Kujawinski seconded the motion. 5 ayes, 0 nays   #58 Approved

#59 -  Appointment of Planning Board Chairman Joseph Gardyjan for a one year term.  Supervisor Pero moved for adoption, seconded by Councilman Fullone. 2 ayes, 2 nays, 1 Abstain   #59 Tie drawn on appointment of Joseph Gardyjan as Planning Board Chairman.  There is no Chairman appointed at this time.

#60 - compensation for planning and zoning board members shall be      $25/mtg. $30./chairman.  Supervisor Pero made the motion, Councilman Borngraber seconded the motion.  5 ayes, 0 nays   #60 Approved

No motions made regarding the appointment of a Secretary to the Planning Board and Zoning Board of Appeals, as there were no applications received. 

#61 -  Appointment of Affirmative Action Officer: Michele Hy For one year term  Councilman Borngraber moved for adoption, seconded by Supervisor Pero. 5 ayes, 0 nays   #61 Approved

#62 - Appointment of Board of Ethics, Barb Daniel, Frank Gugino, & Carmen Vacco one year term Councilman Borngraber motioned to table the appointment, motion to table the appointment was seconded by Councilman Kujawinski.  5 ayes, 0 nays   #62 Approved to TABLE the above appointments.

 Supervisor Pero read the following resolution:
 #63 - Appointment of Fire Wardens, Gary Brecker & Brant & Farnham Vol. Fire Chiefs one year term Councilman Borngraber moved for adoption, seconded by Councilman Gier. 5 ayes, 0 nays   #63 Approved

Supervisor Pero read the following resolution:
 #64 - authorize town accountant and auditing committee to audit all financial records of the Town/bookkeeper yearly.  Supervisor Pero made the motion.  Discussion: Town Attorney Trask questioned the Town Accountant auditing his own work.  Supervisor Pero then motioned to table the above motion, which was seconded by Councilman Gier. 5 ayes, 0 nays   #64 Approved to TABLE the authorizing of the Town Accountant and Auditing Committ to audit all financial records of the Town/Bookkeeper yearly.

 #65 - appointment of Frank Broughton as Town Historian per Supervisor Leonard K. Pero for a one year term No vote needed as this will be Supervisor?s appointment.     

 #66 - Appointment of Superintendent of All town buildings and grounds Joe Giambrone, for a one year term, annual salary $4,635.00. Duties shall be maintenance of buildings & Park Clean up.  Councilman Borngraber questioned the duties of Park Cleanup and recommended that the duties be put in writing.  Supervisor Pero motioned to table the appointment until the duties of the position could be defined in writing. Councilman Borngraber seconded the motion to table.  #66 Approved to TABLE appointment of Joe Giambrone.

FEE?S, APPROVAL & CONTRACTS 
#67 - approval of fees for Senior Community & Recreation building rentals
community building rental fee: $100.00 
recreation building rental fee: $75.00 building only
recreation building w/ gym: $20.00 added to above
security deposit/confirmation deposit: $100.00 refundable
fees and security/confirmation are doubled for non residents 
Discussion of the Board included the possibility of increasing fees if remodeling is done.  Pero announced that he didn?t know if he was going to move forward with the grants.
Councilman Gier moved for adoption, seconded by Councilman Borngraber.  A roll call vote was taken: Gier?aye, Borngraber-aye, Fullone-aye, Pero-nay, Kujawinski-aye, 5 ayes, 0 nays   #67 Approved

#68 The town clerk to approve various community groups use of the buildings free of charge with A Security Deposit confirmation as long as there are no conflicts with regular rentals. Councilman Gier moved for adoption, seconded by Councilman Borngraber.   A roll call vote was taken: Gier-aye, Borngraber-aye, Fullone?aye, Pero-aye, Kujawinski-aye, 5 ayes, 0 nays   #68 Approved  

Supervisor Pero read the following resolution:
#69  large shelter and small shelters in the Grove fee?s
large shelter is $40.00 
small shelter is $35.00
security deposit /confirmation is $50.00 refundable 
all fees and deposits doubled for non- residents and 
Business & Corporations - $200.00 Security Deposit and $200.00 rental fee each shelter (revised) Insurance certificate required.  
Small shelters outside of grove available on a 1st come 1st serve basis
Councilman Gier moved for adoption, seconded by Councilman Fullone. A roll call vote was taken: Gier-aye, Fullone-aye, Borngraber?aye, Pero-aye, Kujawinski-aye, 5 ayes, 0 nays   #69  Approved  

#70  Acknowledgement of Park Rules:
No Food or Beverages in Pool Area
Park Speed Limit ? 10 MPH
No unlicensed vehicles in park without permission of Town Board
Park Hours will be 7:00 AM till 11:00 PM 

#71 to plow private roads for emergency use and or by order of the Fire Chief, Police Chief, Highway Superintendent, or Town Supervisor. Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Councilman Fullone. A roll call vote was taken: Gier-aye, Fullone?aye, Pero-aye, Borngraber-aye, Kujawinski-aye, 5 ayes, 0 nays   #71 Approved

Supervisor Pero read the following resolution:
#72 to allow plowing of private roads on the lake in the event of an emergency use and/or by the order of the Fire Chief, Police Chief, Highway Superintendant or Town Supervisor.    Discussion: Councilman Kujawinski concerned with plowing of private roads.  Pero answered that if there is an emergency, one of the above mentioned positions, can state that it is an emergency.  Supervisor Pero moved for adoption, seconded by Councilman Fullone. A roll call vote was taken: Pero-aye, Fullone-aye, Gier?aye, Kujawinski-aye, Borngraber-aye, 5 ayes, 0 nays  #72 Approved to plow private roads in the event of an emergency.

#73  Approve the signing of a Snow Removal Contract with the Village of Farnham for one year.  Supervisor Pero moved for adoption, seconded by Councilman Gier.  . A roll call vote was taken: Pero-aye, Gier-aye, Kujawinski-aye, Fullone-aye, Borngraber-ave.  5 ayes, 0 nays  #73 approved.

#74  Acknowledge the signed water contract with the Village of Farnham for 3 years (Jan. 1, 2008- Dec. 31, 2010)

#75   HOLIDAYS THE TOWN SHALL OBSERVE in 2010 
Approve the following list of 12 holidays the town shall observe in 2010:
MARTIN L. KING DAY: (Monday, January 18); PRESIDENTS DAY:(Monday, February 15); GOOD FRIDAY: (Friday April 2); MEMORIAL DAY: (Monday, May 31); INDEPENDENCE DAY: (Monday, July 5); LABOR DAY: (Monday September 6); COLUMBUS DAY: (Monday, October 11);VETERANS DAY: (Thursday, November 11); THANKSGIVING: (Thursday, November 25 & Friday, November 26); CHRISTMAS EVE: (Friday, December 24); New Year?s DAY: (will be observed Friday, December 31) 
Councilman Gier moved for adoption, seconded by Supervisor Pero. 5 ayes, 0 nays   #75 Approved  

#76  Acknowledgement that Town Shall Pay Holidays for Part time office clerk employees for normal scheduled hours for that day.

#77  Adopt the hour?s town hall: 
Town Clerk?s Office will be open to public 9:00 am to 4:30 pm Mon, Tues, Thurs, Friday and by appointment ? Closed Wednesday?s & Holidays.

Supervisor Pero read the following:
#78  SUPERVISORS? APPOINTMENTS FOR 2009 
  Appointment of Deputy Supervisor one year term: Donald Clark

First name listed is Chair of Committee:

AUDITING COMMITTEE: Borngraber, Gier
INSURANCE COMMITTEE & EMPLOYEE BENEFITS: Fullone
POLICE COMMITTEE: Fullone
BUILDINGS: Kujawinski
PLAYGROUND, GROVE AREAS, & GROUNDS: Borngraber 
POOL: Borngraber 
RECREATION COMMITTEE: Gier
REFUSE & STREET LIGHT COMMITTEE: Kujawinski
HIGHWAY COMMITTEE: Fullone
WATER & SEWER COMMITTEE (Existing Districts): Borngraber
FIRE & AMBULANCE: Gier
TELECOMMUNICATIONS & UTILITIES: Gier
ERIE COUNTY GOVERNMENT: Pero
CONCERT IN THE PARK: Kujawinski

Project  Committees

Rt. 62 Water ? Councilman Kujawinski
New Town Hall ? Gugino & Councilman Gier
CDBG Sidewalk ? Councilman Fullone
Phase II Park ? Councilman Borngraber
CDBG Sr. Recreation Bldg ? Councilman Gier
Archives GIS Grant ? Councilman Fullone
Rt. 5 & 20 Economic Dev. Grant ? Councilman Kujawinski
Local Gov. Efficiency Planning Grant - Borngraber
Storm Water Conservation ? Councilman Borngraber
Energy Efficiency Block Grant ? Councilman Kujawinski
Wind Energy ? Supervisor Pero

TOWN BOARD LIAISON TO: 

TOWN CLERK'S OFFICE: Fullone
ASSESSOR'S OFFICE: Borngraber
BOARD OF ASSESSMENT & REVIEW: Kujawinski
TOWN JUSTICE COURT: Gier
POLICE: Fullone
CODE ENFORCEMENT OFFICER: Gier
DOG CONTROL OFFICER: Kujawinski 
HIGHWAY: Fullone
RECREATION: Gier
PLANNING BOARD: Borngraber
ZONING BOARD OF APPEALS: Kujawinski
VOL. FIRE DEPT. LIAISON: Gier 
CENSUS LIAISON: Kujawinski
BRANT-FARNHAM SENIORS: Gier
VILLAGE OF FARNHAM: Borngraber 
BEAUTIFICATION & EVENTS: Borngraber
RECREATION PARENT ADVISORY: Councilman Gier 
LAKE SHORE YOUTH FOOTBALL : Councilman Kujawinski

Various Board Appointments & LIAISONS: (No Chairmen)

DISASTER COORDINATOR: David Hock 

DISASTER COMMITTEE: David Hock, John McAvoy, Fire Chief David Pero, Fire Chief Ellsworth Nolan, Supt. Highway Joseph Giambrone, Supervisor Leonard Pero

AG COMMITTEE: Carmen Vacco, David Taylor, Peter Gugino 


BEAUTIFICATION & EVENTS: Marcy Muffoletto, Patty Friend, Roseann Morgano

BRANT-FARNHAM SENIORS COMMITTEE:  

HISTORICAL PROJECTS Committee: Patty Friend, Marge Bates, 

LIAISONS: (Wide Beach) Pat Purpora, (Lotus Bay) Tish Brady,
                          (Seneca Nation) Cochise Redeye

Supervisor Pero moved to:
#79 Adjourn the January 4th Organizational Meeting @ 8:22 PM, seconded by Councilman Fullone 5 ayes, 0 nays   #79 Approved  

Respectfully submitted,



Thea A. Ells, Brant Town Clerk