Town Board Minutes 2/9/10 Meeting


Minutes: Town Board Meeting Tuesday February 9, at 7:30 PM, Brant Town Hall, with Public Hearings for proposed Local Law #1 & #2 of 2010. 


Present: Supervisor Leonard Pero, Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Councilman Vincent Fullone, Councilman Clark Borngraber Attorney William J. Trask Sr. Town Clerk Thea Ells

Record of Sign In: Lee Brunelli, Joseph Giambrone, Charles Arrigo, Brian Rott, Debra Ritz, Brian Campbell, Beverly Wasmund, Janet Bowman, William Easterling, Joseph DeCarlo, Barbara & Mike Daniel, Sam Lojacano, Joe & Lynda Ostrowski, Timothy Marien, Jeff Mlacker, Sam Chiavetta, Don Clark, George Cordia, Neil Ross, Janice Ross, Frank Broughton, Richard Lopez, John O? Donnell, Betty O?Donnell, Jeanette Mirusso 

Clerks note: Town Board members met at 7:00 PM for workshop, no motions made during the workshop. 

The meeting was called to order by Supervisor Pero at 7:30 PM with a Pledge to the flag.

Councilman Fullone moved for the adoption of following motion #37, seconded by Councilman Gier. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#37: RESOLVED: TOWN BOARD MEETING MINUTES FROM DECEMBER 8, 2009 ARE APPROVED AS PRESENTED

Councilman Fullone moved for the adoption of following motion #38, seconded by Councilman Gier. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#38: RESOLVED: TOWN BOARD MEETING MINUTES FROM JANUARY 12TH, 2010 ARE APPROVED AS PRESENTED

Councilman Fullone moved for the adoption of following motion #39, seconded by Councilman Borngraber. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#39: RESOLVED: TOWN BOARD MEETING MINUTES FROM ORGANIZATIONAL JANUARY 4th, 2010 ARE APPROVED AS PRESENTED

Councilman Fullone moved for the adoption of following motion #40, seconded by Councilman Gier. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#40: RESOLVED SUPERVISORS DECEMBER 2009 FINANCIAL REPORT IS APPROVED AS PRESENTED
Councilman Fullone moved for adoption of the following motion #41, Gier questioned the overages of over $900. for Supervisors secretary salary and over $5000. for police salaries- Pero said due to extra work. Discussion of other lines modifications.  Motion seconded by Councilman Gier. Roll Call Vote: Fullone ? aye, Gier ? aye, Kujawinski- aye, Pero-aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains 
#41: RESOLVED TO APPROVE THE FOLLOWING BUDGET MODIFICATIONS FOR THE PERIOD ENDING DECEMBER 31st, 2009 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)
 $       331.00 	Decrease	A1110.4	Muni Court-Contr Expend/Crouse	Contr Expend	
 $      (331.00)	Increase	A1110.11	Muni Court-Clerk Pers Svs/Crouse	Pers Serv	330.53 
					
 $       524.00 	Decrease	A1110.4	Muni Court-Contr Expend/Crouse	Contr Expend	
          500.00 	Decrease	A1110.41	Muni Court-Contr Expend/Gugino	Contr Expend	
       1,353.00 	Decrease	A1010.4	Legislative Board	Contr Expend	
 $    (2,377.00)	Increase	A1110.11	Muni Court-Clerk Pers Svs/Gugino	Pers Serv	2,376.66 
					
 $       907.00 	Decrease	A1220.2	Supervisor	Equip & Cap Out	
 $      (907.00)	Increase	A1220.11	Supervisor Secretary	Pers Serv	906.75 
					
 $         81.00 	Decrease	A1355.11	Assessment-Clerk	Pers Serv	
 $        (81.00)	Increase	A1355.4	Assessment	Contr Expend	80.13 
					
 $       536.00 	Decrease	A1620.4	Buildings-Town Hall	Contr Expend	
 $      (536.00)	Increase	A1620.1	Buildings-Town Hall	Pers Serv	535.90 
					
 $     5,113.00 	Decrease	A3120.2	Police	Equip & Cap Out	
 $    (5,113.00)	Increase	A3120.11	Police/Inspectors/Guards	Pers Serv	5,112.43 
					
 $       341.00 	Decrease	A3120.2	Police	Equip & Cap Out	
          167.00 	Decrease	A3120.12	Police Court Bailiff	Pers Serv	
       2,298.00 	Decrease	A3310.4	Traffic Control	Contr Expend	
 $    (2,806.00)	Increase	A3120.4	Police	Contr Expend	2,806.00 
					
 $         23.00 	Decrease	A1990.4	Contingent Account		
 $        (23.00)	Increase	A3510.4	Control of Dogs	Contr Expend	22.47 
					
 $       195.00 	Decrease	A1990.4	Contingent Account		
 $      (195.00)	Increase	A5010.4	Highway Administration	Contr Expend	194.30 
					
 $       398.00 	Decrease	A1990.4	Contingent Account		
          621.00 	Decrease	A5410.4	Sidewalks-Equip &	Equip & Cap Out	
 $     1,019.00 	Increase	A5132.4	Garage	Contr Expend	1,018.80 
					
 $       288.00 	Decrease	A7110.2	Parks	Equip & Cap Out	
 $      (288.00)	Increase	A7110.1	Parks	Pers Serv	287.25 
					
 $         77.00 	Decrease	A7110.4	Parks	Contr Expend	
 $        (77.00)	Increase	A7180.4	Pool	Contr Expend	76.37 
					
 $       630.00 	Decrease	A9060.8	Medical & Dental Insurance	Emplee Benefits	
 $      (630.00)	Increase	A9030.8	Social Security	Emplee Benefits	629.28 
					
 $       220.00 	Decrease	A9060.8	Medical & Dental Insurance	Emplee Benefits	
 $      (220.00)	Increase	A9055.8	Disability Insurance	Emplee Benefits	219.60 
					
 $   75,207.00 	Increase	A510	Estimated Revenues	 	 
 $  (75,207.00)	Increase	A960	Appropriations		 
 					 
 $   11,227.00 	Increase	A3960	State Emergency Disaster Assist		 
      63,980.00 	Increase	A4960	Federal Emergency Disaster Assist		 
 $  (75,207.00)	Increase	A8760.4	Emergency Disaster Work	Contr Expend	 
 					 
 	To increase the 2009 Estimated Revenues and Appropriations Budget, and related accounts, for the
 	Aug'09 Severe Storms & Flooding  reimbursement of eligible expenses from NY SEMO and Federal 
 	FEMA grants as detailed in the NYS Emergency Management Office Project Completion Report.
					
General Fund Part Town(B)
 $         70.00 	Decrease	B1990.4	Contingent Account	Contr expend	
 $        (70.00)	Increase	B8010.4	Zoning	Contr expend	69.25 
 	 	 	 	 	 
					
Highway Fund Part Town (DB)
					
 $       458.00 	Decrease	DB5110.4	General Repairs	Contr expend	
 $      (458.00)	Increase	DB9060.8	Medical & Dental Insurance		457.29 
					
 $   13,197.00 	Increase	DB510	Estimated Revenues	 	 
 $  (13,197.00)	Increase	DB960	Appropriations		 
 					 
 $     1,970.00 	Increase	DB3960	State Emergency Disaster Assist		 
      11,227.00 	Increase	DB4960	Federal Emergency Disaster Work		 
 $    (8,874.00)	Increase	DB8960.1	Emergency Disaster Work	Pers Serv	 
 $    (4,323.00)	Increase	DB8960.4	Emergency Disaster Work	Contr Expend	 
 					 
 	To increase the 2009 Estimated Revenues and Appropriations Budget, and related accounts, for the
 	Aug'09 Severe Storms & Flooding  reimbursement of eligible expenses from NY SEMO and Federal 
 	FEMA grants as detailed in the NYS Emergency Management Office Project Completion Report.
 	 	 	 	 	 
					


Councilman Gier moved for adoption of the following motion #42, seconded by Councilman Kujawinski 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#42 RESOLVED: TOWN CLERK?S DECEMBER 2009 FINANCIAL RECONCILIATION REPORTS BE ACCEPTED AS PRESENTED

Councilman Gier moved for adoption of the following motion #43, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#43: RESOLVED: DECEMBER 2009 JUSTICE GUGINO / JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED

Councilman Kujawinski moved for adoption of the following motion #44, seconded by Councilman Gier Councilman Fullone 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
 #44 RESOLVED: JANUARY 2010 CODE ENFORCEMENT OFFICER REPORT AS PRESENTED Summary: Inspections: Field -1-(demolition), construction-4, court compliance 4, complaint inspection, court appearances-, certificate of occupancy - 1, building permits issued-1, 1 trial yielded meetings attended ? 1 week training attended. Report on action recommended for election signs, and operating permit for hazardous waste, and new regulations for carbon monoxide detectors.  

Councilman Kujawinski moved for adoption of the following #45, seconded by Councilman Gier 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#45 RESOLVED: JANUARY 2010 DOG CONTROL OFFICER?S ACTIVITY REPORT AS PRESENTED Summary:  0 dogs at large, 3 court cases, 1 dog adopted

Councilman Gier moved for adoption of the following #46, seconded by Supervisor Pero 
5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays, Gier 
#46: RESOLVED: JANUARY 2010 POLICE ACTIVITY REPORT BE ACCEPTED AS PRESENTED Summary: 4606-miles patrolled, Arrests: Felony -2, misdemeanor- 4, V&T- 85, complaints ? 177, property checks ? 212

Councilman Gier moved for adoption of the following #47, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#47: RESOLVED: DECEMBER TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED AS PRESENTED Summary: Total monies rec?d - $1,537.34, Town share $291.22, Erie County $17.62, NYS Health $22.50, NY State Ag & Mkts $6.00, NYS DECALS $0, Security Deposits $1,200.00. Clerk reported uses of building by groups and organizations and Census application job sign up and classes, HEAP @ town Hall 2/18, also reported no refuse pick up changes yet for various roads, and asked the board to consider the following two motions for tax collection.  

Councilman Gier moved for adoption of the following #48, seconded by Councilman Kujawinski. Roll Call Vote: Gier ? aye, Kujawinski- aye, Pero-aye, Fullone ? aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains
#48: RESOLVED: To Establish A Tax Petty Cash Fund For 2010 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 Gier moved for adoption of the following #49, seconded by Councilman Fullone. Roll Call Vote: Gier ? aye, Fullone ? aye, Kujawinski- aye, Borngraber ? aye, Pero-aye, 5 Ayes, 0 Nays, 0 Abstains
#49: RESOLVED: To Give The Authority To Supervisor Pero To Sign An Extension For Tax Collection Till The End Of June 2010 To Be Directed To Erie County Finance. 

Councilman Gier moved for adoption of the following #50, seconded by Councilman Fullone.  5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#50: RESOLVED: JANUARY 2010 PLANNING BOARD REPORT BE ACCEPTED AS PRESENTED Members met and discussed property owner notification requirement procedures. Town attorney notified for opinion. 

Councilman Gier moved for adoption of the following #51, seconded by Councilman Fullone.  5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#51: RESOLVED: Fire Company activity reports are accepted. 
Councilman Gier reported that Farnham Fire Dept for 2009 had 52 fire calls, 166 first aid calls Totaling 218 ? January 2010 2 fire, 14 first aid. Brant reports 6 calls, 1 auto, 4 mutual aid

Acknowledgement of Dignitaries and Invited Guests:
Supervisor Pero introduced Legislator Lynn Dixon. Lynn presented the Brant Farnham Senior Organization with a DVD player donated by South Town Audio and Visual as Councilman Kujawinski had contacted her with a request for a DVD player from county services. Lynn announced dates she would be available to the public at various towns in her jurisdiction, Brant Town Hall, March 9th 9:30 till 11:30, other dates for area towns will be posted. 

8:00 PM PUBLIC HEARING FOR PROPOSED LOCAL LAW # 2 OF 2009

Clerk Thea Ells read and verified the following notice was published in the SUN and posted in the Brant Town Hall, on the Brant web site, and Area Post Offices:
NOTICE IS HEREBY GIVEN that the Brant Town Board will hold the following public hearings on Tuesday, February 9, 2010 at the Brant Town Hall, 1294 Brant NC Road, Brant, New York:
?	At 8:00 p.m., local time to consider the adoption of Proposed Local Law # 1 of the year 2010; being a local law to establish residency requirements for the appointed offices of Code Enforcement Officer and Building Inspector for the Town of Brant, and
?	At 8:30 p.m., local time to consider the adoption of Proposed Local Law # 2 of the year 2010; being a local law to amend provisions of Chapter 69 of the Brant Town Code to clarify the authority for appointment of Code Enforcement Officer and to amend certain restrictions on activities of the Code Enforcement Officer, Fire Coordinator and their staff.
 Copies of the proposed local laws are available for review in the office of the Town Clerk, 1294 Brant-North Collins Road, Brant, New York during regular business hours.  All interested parties will be given an opportunity to be heard. Dated: 1-12-2010, By order of the Brant Town Board, Thea Ells, Brant Town Clerk

Councilman Gier moved to adopt the following #52, which was seconded by Councilman Kujawinski.  5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays 
#52: RESOLVED: TO OPEN THE PUBLIC HEARING @ 8:00 PM.
Supervisor Pero read the following proposed local law #1 as follows: 
A local law to establish the residency requirements for the appointed offices of Code Enforcement Officer and Building Inspector for the Town of Brant.

Be it enacted by the Town board of the Town of Brant as follows:

Section I.  A local law to establish the residency requirements for the appointed offices of Code Enforcement Officer and Building Inspector.

Section II.  Authority:  This local is adopted pursuant to Municipal Home Rule Law, 10[1][ii][a][1] that grants to local governments the authority to enact local laws regarding the qualifications of local officers.  Furthermore, this local law recognizes that the State Legislature amended Public Officers Law, 3 adding a new subdivision (24) expanding the residency requirements for any appointed public office in the Town of Greenburgh Westchester County, thereby rendering Public Officers Law a special law with respect to any appointed town officer (See cf N.Y. Op. Atty. Gen. (Inf.) No. 91-37).

Section III.  Supersession:  This local law shall supersede Town law, 23(1) in its application to the offices of Code Enforcement Officer and Building Inspector for the Town of Brant.

Section IV.  Residency requirements for the position of Code Enforcement Officer or Building Inspector for the Town of Brant:  The person holding the office of Code Enforcement Officer or Building Inspector in the Town of Brant need not be a resident nor an elector of the Town of Brant, provided, however, that such person shall reside in the county in which such town is located or an adjoining county within the State of New York.

Section V.  Inconsistency:  All other local laws and ordinances in the Town of Brant that are inconsistent with the provisions of this local law are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency and in all other respects this local law shall be in addition to such other local laws or ordinances regulating and governing the subject matter covered by this local law. 

Section VI.  Savings Clause:  If any clause, sentence, paragraph, word, section or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder, thereof, but shall be confined in its operation of the clause, sentence, paragraph, worked section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Section VII.  Effective Date:  This local law shall take effect upon filing in the office of the Secretary of State. 

Attorney Trask explained the law pointing out that if enacted this law would enable the Town to hire qualified persons for CEO/Building Inspector that are not residents of town as should be done per Town Law.
No questions from the audience.
 
Councilman Gier moved to adopt the following #53, which was seconded by Councilman Kujawinski.  5 ayes: Borngraber, Pero, Kujawinski, 0 nays 
#53: RESOLVED: TO CLOSE THE PUBLIC HEARING @ 8:10 PM. 

Supervisor Pero moved to adopt the following #54, which was seconded by Councilman Borngraber.  Roll Call Vote: Pero-aye, Borngraber ? aye, Gier ? aye, Fullone ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#54: RESOLVED: TO ADOPT PROPOSED LOCAL LAW #1 A LOCAL LAW TO ESTABLISH THE RESIDENCY REQUIREMENTS FOR THE APPOINTED OFFICES OF CODE ENFORCEMENT OFFICER AND BUILDING INSPECTOR FOR THE TOWN OF BRANT, AS STATED ABOVE.


OLD BUSINESS:
Blanket Bond or Fidelity Bond for Town Officials
Councilman Fullone reviewed with board members final cost with revisions of binder increase of 150,000.00 and adjustment to policy for vehicles. Town officials will be insured for 3 million, covered under liability. Attorney will still look into fidelity bond. 
Councilman Gier moved to adopt the following #55, which was seconded by Councilman Fullone.  Roll Call Vote: Gier ? aye, Fullone ? aye, Pero-aye, Kujawinski- aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains
#55: RESOLVED: TO ACCEPT INCREASE FOR INSURANCE $26,841.00 FOR LIABILITY COVERAGE WITH ATTORNEY VERIFICATION THAT TOWN OFFICIALS ARE COVERED AS REQUIRED 

Appointments
Councilman Kujawinski moved to adopt the following #56, which was seconded by Councilman Borngraber.  Roll Call Vote: Kujawinski- aye, Borngraber ? aye, Pero-aye, Gier ? aye, Fullone ? aye, 5 Ayes, 0 Nays, 0 Abstains
#56: RESOLVED: APPOINTMENT OF BOARD OF ASSESSMENT & REVIEW (BAR) MEMBER JANICE ROSS FOR TERM TO FINISH A TERM TILL  9/30/11 @ $100.00 ANNUALLY   

Councilman Kujawinski moved to adopt the following #57, which was seconded by Councilman Borngraber.  Roll Call Vote: Kujawinski- aye, Borngraber ? aye, Pero-aye, Gier ? aye, Fullone ? aye, 5 Ayes, 0 Nays, 0 Abstains
#57: RESOLVED: APPOINTMENT OF SECRETARY TO THE PLANNING, ZBA AND BAR BOARDS LYNDA OSTROWSKI FOR A ONE YEAR TERM @ $ 10.00 PER HOUR. 

Planning Board appointment discussed by Board (liaison is Borngraber), prefer a written resignation, and present alternate is Martin Rosiek and board members received request to be on planning by Sam Chiavetta and Carol Brody. Two alternate spots would then be open. 
Councilman Gier moved to adopt the following #58, which was seconded by Councilman Fullone.  Roll Call Vote: Gier ? aye, Fullone ? aye, Pero-nay, Borngraber ? aye, Kujawinski- aye, 4 Ayes, 1 Nays, 0 Abstains
#58: RESOLVED: TOWN CLERK IS REQUESTED TO SEND A LETTER REQUESTING JOSEPH GARDYJAN TO PROVIDE THE TOWN WITH A WRITTEN RESIGNATION WITHIN 15 DAYS SO VACANCY CAN BE FILLED. 
 
Police Department
Supervisor Pero presented a resignation from Anthony Caber dated January 4th, 2010, addressed to Board members thanking them for giving him the opportunity to start his carrier and the need to resign to pursue full time work.     
Councilman Fullone moved to adopt the following #59, which was seconded by Supervisor Pero.  5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays 
#59: RESOLVED: TO ACCEPT ANTHONY CABER RESIGNATION AS PART TIME POLICE OFFICER FOR BRANT 
 
Supervisor Pero reported his receipt of a resignation from R. Turner as Matron.
Supervisor Pero moved to adopt the following #60, which was seconded by 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays 
#60: RESOLVED: TO ACCEPT ROSEANN TURNER RESIGNATION AS MATRON FOR BRANT 

Police Chief:
Supervisor Pero stated that in August of 2008 the Board passed a resolution to remove Chief of Police from the civil service roster so the request from the last board meeting to ask for a list was not done as the Town does not have that position on the roster.  

Councilman Gier made a motion to create the position of part time police Chief on the civil service roster for the Town of Brant and rescind resolution removing the position. 

Much discussion was had with some concerns, comments and suggestions listed: public hearing for public input, no public hearing when position removed, civil service roster does include Chief position, officer in charge, the need for leadership and liability without an appropriate chain of command, budget issues, increase in budget for police department, possible decrease in tickets and road patrols. 
 
8:35 PM Public Hearing for Proposed Local Law #2
Councilman Gier moved to adopt the following #61, which was seconded by Councilman Kujawinski.  Roll Call Vote: Gier ? aye, Kujawinski- aye, Pero-aye, Fullone ? aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains
#61: RESOLVED: TO OPEN THE PUBLIC HEARING @ 8:35 PM.

A local law amending portions of Chapter 69 of the Town of Brant Code relative to appointment of Code Enforcement Officer and restrictions of the activities of Code Enforcement Officer, Fire Coordinator and their staff.

Be it enacted by the Town Board of the Town of Brant as follows:

Section 1.  69-1 of the Town of Brant Code is hereby amended to read as follows: ?There is hereby designated in the Town of Brant a public official to be known as the ?Code Enforcement Officer,? who shall be appointed by and serve at the pleasure of the Town Board of the Town of Brant at a compensation to be fixed by it.?

69-4[A] of the Town of Brant Code is hereby amended to read as follows:  
?There is hereby designated in the Town of Brant a public official to be know as the ?Code Enforcement Officer,? who shall be appointed by and serve at the pleasure of the Town Board of the Town of Brant at a compensation to be fixed by it.?

69-5 of the Town of Brant Code is hereby amended to read as follows:  
?The Town Board of the Town of Brant may appoint one or more inspectors, as the need may appear, to act under the supervision and direction of the Code Enforcement Officer and to exercise any portion of the powers and duties of the Code Enforcement Officer as he or she may direct.  The compensation of such inspector(s) shall be fixed by the Town Board.?

69-6 of the Town of Brant Code is hereby amended to read as follows:  
?The Fire Coordinator, Code Enforcement Officer or any inspector appointed pursuant to this chapter or any employee of the Fire Coordinator?s office directly involved in code enforcement shall not engage in any activity inconsistent with his or her duties or with the interests of the Building Department.?

Section II.  Inconsistency:  All other local laws and ordinances in the Town of Brant that are inconsistent with the provisions of this local law are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency and in all other respects this local law shall be in addition to such other local laws or ordinances regulating and governing the subject matter covered by this local law. 

Section III.  Savings Clause:  If any clause, sentence, paragraph, word, section or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder, thereof, but shall be confined in its operation of the clause, sentence, paragraph, worked section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Section IV.  Effective Date:  This local law shall take effect upon filing in the office of the Secretary of State. 





Attorney Trask spoke concerning the inconsistencies in the current code in relation to new section 69.5 which eliminates those regarding the appointment of these officers. 
Trask continued: Current code states that Code Officer can?t be engaged in any building business within Erie County, the new code would clear that up so an individual who could be considered with experience in construction and in business would be able to be considered.  Question of conflict of interest ? code of ethics deals with that. 
Frank Broughton if there is a conflict who would issue the permit, Attorney Trask answered that NYS Codes has regional people and the Town could work with neighboring towns. CEO Gary Brecker commented on a conflict in another state and in one in New York.  Discussion concerning conflict, actions, controls over CEO. Gary Brecker ? most of work is complaints, violations, zoning issues, court cases ? when asked opinion ? board is walking on thin ice.

Councilman Gier moved to adopt the following #62, which was seconded by Councilman Borngraber. Roll Call Vote: Gier ? aye, Borngraber ? aye, Pero-aye, Kujawinski- aye, Fullone ? aye, 5 Ayes, 0 Nays, 0 Abstains 
#62: RESOLVED: TO CLOSE THE PUBLIC HEARING @ 8:47 PM. 

Councilman Gier moved to adopt the following #63, which was seconded by Councilman Borngraber.  Roll Call Vote: Gier ? aye, Borngraber ? aye, Pero-nay, Kujawinski- aye, Fullone ? nay, 3 Ayes, 2 Nays, 0 Abstains
#63: RESOLVED: TO ADOPT PROPOSED LOCAL LAW #2 A LOCAL LAW AMENDING PORTIONS OF CHAPTER 69 OF THE TOWN OF BRANT CODE RELATIVE TO APPOINTMENT OF CODE ENFORCEMENT OFFICER AND RESTRICTIONS OF THE ACTIVITIES OF CODE ENFORCEMENT OFFICER, FIRE COORDINATOR AND THEIR STAFF AS STATED ABOVE.

Police Chief continued.
Much discussion continued with issues of decline in revenue, cost prohibitive, increase of budget, officer in charge, and civil service chief then litigation for pay. Civil service says no position of officer in charge/they say yes officer in charge - which? Our department has logged complaints, revenue used to be $100,000 now at $400,000. Police department is to protect and serve. Number of officers verses money for Chief. Comparison of surrounding town?s revenue much higher budget and less revenue ? other towns answer many times more calls, instead of traffic stops. Comments from audience concerning tax dollars have not gone down; law enforcement will never be cost effective, and who is liable. Officer Lopez spoke on his experience and stated there is no such thing as part time police chief in civil service and Chief carries a benefit package and it is possible to have an officer in charge such as himself or Officer Giacchino without benefit package. Civil service has double standards. Pero suggested making a motion now to appoint an Officer in Charge, contingent on civil service approval.  Attorney Trask asked if Board wanted his comments: Civil service regulations ? no one has said officially Officer in Charge is okay - it has been done? some of our officers working out of title while work is appreciated - civil service gives classifications ? what standards apply ? subject of CS approval, we could ask if Officer In Charge can be legally created, it is not a proper title, part time officers cannot supervisor, and can?t sign reports.
Town Board is responsible for police department.  No one should sign reports. Discussion concerns that police commissioner is a good alternative to a chief ? no, as officers were working out of their classification to complete reports, etc. Pero asked for public input. 

STRIKE/Councilman Gier moved for #64 to RESCIND resolution 080822-262: To Eliminate The Police Chief Full And Part Time Position From The Town Of Brant Civil Service Roster, 
Comments from audience that tax dollars will be affected; liability and that board should heed legal advice.  We need leadership but will we be looking at all possibilities. Attorney Trask suggested a resolution should be to create the position, don?t need to rescind previous. Comments - Board should go forward for betterment of town. 

Councilman Gier moved for #65, To create the position of police chief full time for the Town of Brant.  Seconded by Councilman Kujawinski.   
Roll Call Vote: Gier ? aye, Kujawinski- aye, Pero-nay, Fullone ? aye, Borngraber ? aye, 4 Ayes, 1 Nays, 0 Abstains
#65: RESOLVED: TO CREATE THE POSITION OF POLICE CHIEF FULL TIME FOR THE TOWN OF BRANT.  

Councilman Gier moved for #66, Seconded by Supervisor Pero   
Roll Call Vote: Gier ? aye, Pero-aye, Kujawinski- aye, Fullone ? aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains
#66: RESOLVED: ASK FOR EC CIVIL SERVICE FOR COMPETITIVE LIST FROM CIVIL SERVICE FOR POLICE CHIEF ONCE CLASSIFICATION PROCESS IS COMPLETED. 


Investigator
Councilman Gier moved for #67, Seconded by Councilman Kujawinski.   
Roll Call Vote: Gier ? aye, Kujawinski- aye, Pero-aye, Fullone ? aye, Borngraber ? aye, 
5 Ayes, 0 Nays, 0 Abstains
#67: RESOLVED: TO REINSTATE JACK GIACCHINO TO THE POSITION OF INVESTIGATOR FOR THE BRANT TOWN POLICE DEPARTMENT 

Court Clerk (not on agenda)
Councilman Fullone moved for #68, Seconded by Councilman Borngraber.   
Roll Call Vote: Fullone ? aye, Borngraber ? aye, Pero-nay, Gier ? aye, Kujawinski- aye, 
5 Ayes, 0 Nays, 0 Abstains
#68 RESOLVED: APPOINT LISA M. HERC TO CLERK POSITION FOR COURT NIGHTS 
PART TIME AND ONLY AS NEEDED AT HOURLY RATE OF $10.70. 
Highway Time Clock
Councilman Fullone/Pero reported time clock is installed and being used. Phone issues reported by Giambrone ? Dotzler asked to look into.
Security System/Fuel Cards
Councilman Gier reported receipt of one quote for over $11,000.00 for town hall alone, and one fuel card system over $8,000.00. Looking into other companies and alternatives. 
LSYF/ Barn grapplers wrestling group ? Kujawinski ? nothing new to report

Councilman Gier moved for #69, Seconded by Councilman Borngraber.
Roll Call Vote: Gier ? aye, Borngraber? aye, Pero-aye, Fullone ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#69: RESOLVED: Appointment of part time highway laborers per recommendation of Highway Superintendent, Mark Reynolds @ $11.35.  part time highway laborers Charles Arrigo, Jeff Mlacker, George Cordia, Samuel Chiavetta, Scott Kaczmarek and as needed for a one year term @ $11.13 per hr.

Councilman Gier moved for #70, Seconded by Councilman Borngraber.
Roll Call Vote: Gier ? aye, Borngraber? aye, Pero-aye, Fullone ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains

#70: RESOLVED: appointment of Clerk to Highway Superintendent Per recommendation of Highway Superintendent, Willa Rosenblatt for a one year term, annual salary $3,150.00

Councilman Borngraber moved for #71, Seconded by Councilman Kujawinski.
Discussion that this position is not on the civil service roster for Brant and a description will be requested and then classification from civil service.
Roll Call Vote: Borngraber? aye, Kujawinski- aye, Gier ? aye, Pero-aye, Fullone ? aye, 5 Ayes, 0 Nays, 0 Abstains
#71: RESOLVED: CREATE POSITION OF FULL TIME DEPUTY HIGHWAY SUPERINTENDENT

Procurement Policy:
Town Clerk distributed a model policy from Association of Towns, as reported by the Attorney that the policy we have in place is not enough.  Attorney recommended a work shop to review and amend a policy. 

Board took a five minute break.   

Clerk Note: 
**Old Business Tabled from Org listed ? no action taken:
Appointment of Planning Board Member/Chairman
Appointment of Board of Ethics
Parks Commissioner/laborers and budget (civil service position)
Establish duties of buildings and grounds superintendent 

NEW BUSINESS: 

Eden Consortium Payment:
Councilman Gier moved for #72, Seconded by Supervisor Pero.
Roll Call Vote: Gier ? aye, Pero-aye, Fullone ? aye, Kujawinski- aye, Borngraber? abstain, 4 Ayes, 0 Nays, 1 Abstains

#72: RESOLVED: To Pay Town Of Eden Payment Of $4,800.00 For Services Rendered: Brant?s Share For The Southwest Erie County Regional Water Project Shared Municipal Services Incentive Grant Program As Eden Was The Lead Agency 

Contract for Dispatch/Evans
Councilman Gier moved for #73, Seconded by Councilman Fullone
Roll Call Vote: Gier ? aye, Borngraber? aye, Pero-aye, Fullone ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#73: RESOLVED: To Authorize Supervisor Pero To Sign Contracts For 2009 & 2010 For Dispatch Services From The Town Of Evans And Approval Of Payment For Each Contract In The Amount Of $2,750.00. (2009 Will Be Pd On Abs. #14 Of 2009?2010 On Abs. #2 Of 2010)

Community Concern Contract
Councilman Kujawinski moved for #74, Seconded by Councilman Gier
Roll Call Vote: Kujawinski- aye, Gier ? aye, Pero-aye, Fullone ? aye, Borngraber? aye, 5 Ayes, 0 Nays, 0 Abstains
#74: RESOLVED: To Authorize Supervisor Pero To Sign Contracts For Community Concern And To Approve The Payment In Sum Of $5,000.00 To Community Concern. 

RFP Audit ? not on agenda
Board members requested Attorney Trask to prepare an RFP to send out to area CPA firms with municipal auditing experience asking for a menu of services they can provide. 
Councilman Kujawinski moved for #75, Seconded by Councilman Borngraber
Roll Call Vote: Kujawinski- aye, Borngraber? aye, Pero-aye, Gier ? aye, Fullone ? aye, 5 Ayes, 0 Nays, 0 Abstains
#75: RESOLVED: To Send Out An Request For Proposals To At Least Six Area Firms For External Auditing Services.

Supervisor Pero moved for #76, Seconded by Councilman Fullone
Roll Call Vote: Pero-aye, Fullone ? aye, Kujawinski- aye, Gier ? aye, Borngraber? aye, 5 Ayes, 0 Nays, 0 Abstains
#76: RESOLVED: To Increase Pay Of Bailiff Samuel Pinto To $16.35         

        
                
Reports Of Committees 
Fullone: Discussion of breathalyzer ? no one on roster is qualified and may be an option to have an agreement with Evans ? there is a cost to keeping it in department. 
Kujawinski: some calls concerning refuse and streetlights ? police are responsible for checking and calling in ? safety. Buildings: pool hose roof has to be recovered. Route 5 & 20 Economic ? Caber & County will be meeting soon
Gier: Audit - Voucher review in executive, recreation is being worked on, security ? collecting bids, he asked Town Clerk looked into IT tech costs, she reported having to call a tech from list as she had issues with taxes- copies for all members of interested applicants will be distributed again
Borngraber nothing new at this time 
Pero reported he is vice president of Association of Erie County, nothing to report

 PROJECTS:
CDBG sidewalk: Fullone- nothing new
Archive GIS grant ? Fullone - nothing new
Route 62 water -  Kujawinski reported he has met with CRA meeting, submitted two separate requests for funding, 
CDBG Routes 5 & 20 Economic: Kujawinski reported he has met with Mayor Caber and is setting up meetings with county and CRA
New Town Hall Committee: Gier ? Board met with committee ? waiting for audit as dollars need to be looked at ? Kujawinski added that the board requested the chairman, accountant, and grant writer to compose a report to present, and they agreed 
CDBG Rec Bldg: Gier - no action 
Storm Water Drainage: discussion of county, town, easements ? county districts may be formed.
Phase 2 Park Exp:- Borngraber reported RFP put out for a boundary map which is mandatory for grant , Board recognized that due to time constraints the Town has to fulfill obligation to receive the State grant for Phase II Park 

Supervisor Pero moved for #77, Seconded by Councilman Fullone
Roll Call Vote: Pero-aye, Fullone ? aye, Kujawinski- aye, Gier ? aye, Borngraber? aye, 5 Ayes, 0 Nays, 0 Abstains
#77: RESOLVED: TO Give Authority To Supervisor Pero To Sign Contract With TVGA To Complete A Boundary Map As Required By The Grant For The Park Expansion Phase II For $3,600.00 Plus Expenses Estimated To Be $120.00. 

WIND: Pero reported companies interested in putting wind power out on the lake

Town Board Reports
Councilman Fullone moved for #78, Seconded by Councilman Gier
Roll Call Vote: Gier ? aye, Fullone ? aye, Kujawinski- aye, Pero-aye, Borngraber? aye, 5 Ayes, 0 Nays, 0 Abstains
#78: RESOLVED: Brant Town Board Declares One (1) 1988 Mack Single Axle Dump, With A One Way Front Plow Surplus

Councilman Fullone moved for #79, Seconded by Councilman Gier 
Roll Call Vote: Fullone ? aye, Gier ? aye, Kujawinski- aye, Pero-aye, Borngraber? aye, 5 Ayes, 0 Nays, 0 Abstains
#79: RESOLVED: Town Of Brant Will Be Accepting Sealed Bids On One (1) Surplus 1988 Mack Single Axle Dump, With A One Way Front Plow And Will Be Sold AS IS

Town Board Reports
Kujawinski: reviewed highlights of minutes from January, Senior?s requested dollars from Town for half year, and he thanked Jeanette Mirusso for receipt of annual report of monies spent 
Pero spoke of meeting with Hamburg recreation this Thursday, and he received a couple complaints of dogs in various offices 
Pero: Lake clean up: it was marshal law to cleanup - did not need bids but received three bids ? Lardon $75,500.00 minus fuel we supplied to them,  we received partial payment, we are to be reimbursed,  check for $20,000.00 to Lardon? check is going out tomorrow ? everything is fine, meeting tomorrow - will be closed out -  
Meeting /correspondence: electrician - meter needs to be updated- from National Grid 
Time Warner ? channel changes/updates
County of Erie Environmental Management Council board appointment/Supervisor Pero
GNRTA: article seeking transit system SIT program, various other correspondence
Pero attended 15 meetings


Councilman Gier moved for adoption of the following #80, seconded by Supervisor Pero.  Roll Call Vote: Gier ? aye,  Pero-aye, Fullone ? aye, Kujawinski- aye, Borngraber - abstain 4 Ayes, 0 Nays, 1 Abstains 
#80 RESOLVED TO APPROVE ABSTRACT 14 0F 2009 FOR PAYMENT AND 
Abstract 14 0f 2009      Prepaid and unpaid as of February 9, 2010

General Fund Town wide Vouchers prepaid 552-556(555 deleted)/Unpaid 557-561 Totaling: $15,378.18  Remove 553 for $1513. Put on abst #2 per  RG 3-1-10 

2009 Fire Protection ? Voucher #1 Totaling $10,443.00

Please Note: Vouchers denied Abstract 14 of 2009:  Lardon Construction  $20,000.00


Councilman Gier moved for adoption of the following #81, seconded by Councilman Fullone.  Roll Call Vote: Gier ? aye, Pero-aye, Fullone ? aye, Kujawinski- aye, Borngraber ? aye
 5 Ayes, 0 Nays, 0 Abstains 
#81 RESOLVED TO APPROVE ABSTRACT 2 of 2010 FOR PAYMENT 

Abstract 2 of 2010        Prepaid and unpaid as of February 9, 2010

General Fund Town wide Vouchers prepaid 12-13/Unpaid 14-52  Totaling: $28,360.27
Added #53 per RG for $1513.                                            New total: $29,8373.27
General Fund ? Part Town No PrePaid / Unpaid 3-6 Totaling: $9,451.93

Highway Fund T.W.  Vouchers prepaid 4-5 / Unpaid 6-20  Totaling: $17,267.55 

Highway Part Town Vouchers: None

Streetlighting ? Voucher #1 Totaling $3,104.56

Highway Payroll PT 1/3/09 to 1/31/10 Totaling: None
Highway Payroll TW 1/3/09 to 1/31/10 Totaling: $12,755.62

General Town Wide Payroll 1/3/09 to 1/31/10  Totaling $28,073.42
General Part Town Payroll 1/3/09 to 1/31/10  Totaling $571.38


Please Note: Vouchers denied:  Brant Farnham Economic Dev $371.43 discussion all 7towns have paid their share/ will be on Abst 3 
(Lardon Construction  $20,000.00 for 2009) discussion ? will discuss in executive				     
Privilege of Floor:

Frank Broughton: Thanked the Board for their work and Councilman Fullone for his efforts with Insurance savings
Donald Clark: Questioned if Board members have been consulted by school concerning closing

Councilman Gier moved for adoption of the following motion #82, seconded by Councilman Borngraber: Gier ? aye,  Borngraber ? aye Pero-aye, Kujawinski- aye, Fullone ? aye, 5 ayes: 0 nays 
# 82: RESOLVED: TO GO TO EXECUTIVE SESSION AT 10:55 PM. 

Councilman Gier moved for adoption of the following motion #83, seconded by Councilman Kujawinski: Gier ? aye,  Kujawinski- aye, Borngraber ? aye Pero-aye, Fullone ? aye, 5 ayes: 0 nays 
#83: RESOLVED: TO CLOSE EXECUTIVE SESSION AT 11:40 PM. 

Councilman Pero moved for adoption of the following #84, seconded by Councilman Fullone.  5 ayes: Pero, Gier, Kujawinski, Fullone, Borngraber 0 nays
#84 RESOLVED: TO ADJOURN THE February 9, 2010 MEETING OF THE BRANT TOWN BOARD AT 11:41 PM

Respectfully submitted,

Thea A. Ells, Brant Town Clerk