MINUTES OF APRIL 13, 2010 TOWN BOARD MTG


Minutes: Town Board Meeting Tuesday April 13, 2010 at 7:30 PM, Brant Town Hall	

Present: Supervisor Leonard Pero, Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Councilman Vincent Fullone, Councilman Clark Borngraber Attorney William J. Trask Jr. Town Clerk Thea Ells
Record of Sign In: Lee Brunelli, Joseph Giambrone, Charles Arrigo, Brian Rott, Debra Ritz, Brian Campbell, Janet Bowman, Joseph DeCarlo, Joe & Lynda Ostrowski, Sam Chiavetta, Don Clark, George Cordia, William Easterling, Michele Kujawinski, Chad Kaczmarek, James George, Diane Czyz, Kirk Ritz, Ron Kobel, Jan De Carlo, Beverly Wasmund, Jeanette Mirusso, Tish Brady, Tim Kobel, Mike Daniel, Barbara Daniel, Gary Brecker, Julie Gibbons

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 #106, seconded by Councilman Gier. Roll Call Vote: Fullone ? aye, Gier ? aye, Borngraber ? aye, Pero-aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#106: RESOLVED: Board Members To Retire To Executive Session To Discuss A Personnel Matter At 7:31 PM

Councilman Fullone moved for the adoption of following motion #107, seconded by Councilman Gier. Roll Call Vote: Fullone ? aye, Gier ? aye, Borngraber ? aye, Pero-aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#107: RESOLVED: Board Members To Close The Executive Session At 8:27 PM

Councilman Kujawinski moved for the adoption of following motion #108, seconded by Councilman Gier. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#108: RESOLVED: Town Board Meeting Minutes From March 9, and Report of March 22 Finance And Audit Revisionary Committee Meeting, 2010 Are Approved As Presented

Councilman Kujawinski moved to table the following motion #109, seconded by Councilman Gier. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 abstain 0 nays
#109: RESOLVED: To Approve Supervisors February 2010 Financial Report Is Approved As Presented

Budget modification was presented by Supervisor Pero per Richard Gryksa:
	Please make a resolution at the regular Town Board meeting on April 13th, 2010 to approve
	the following budget change(s) as recommended herein or as modified by the Town Board.
					
Budget	Dec From/	Fund Account	Amount
Modification	(Inc) To	Code	Description	Object	Over Budget
General Fund Townwide (A)
 $     1,700.00 	Decrease	A1990.4	Contingent Account	Contr Expend	
 $     1,700.00 	Increase	A1420.4	Law	Contr Expend	
	To increase the current budget from $300 to $2,000 to cover the February Assn of 	
	Towns meeting in York City and provide an additional appropriation for anticipated	
	current year expenditures.			
	NOTE:  This budget change replaces the budget mod submitted at the March Town	
	            Board meeting.			
					
 $       372.00 	Decrease	A1990.4	Contingent Account	Contr Expend	
 $      (372.00)	Increase	A5989.4	Other Transportation-Bus Route Study	Contr Expend	New Acct
	To provide an appropriation for expenditures incurred to study mass transit bus routes	
	Reference- South Towns Intra Community Transportation System (S.I.T.)	
					
 $   25,029.00 	Increase	A510	 Estimated revenues	2010 Budget	 
 $  (25,029.00)	Increase	A960	 Appropriations	2010 Budget	 
 					 
 $   25,029.00 	Increase	A3060	State Aid Records Management		 
 $  (25,029.00)	Increase	A1460.41	Records Management (Grant Expense)	Contr Expend	 
 	Budget increase for the State Archive Grant received to do a Brant/Farnham GIS 	 
 	(Geographic Information System) Needs Assessment Study		 
 	 	 	 	 	 
					
Capital Projects Fund (H)
					
 $   75,000.00 	Increase	H3897	St Aid-Culture & Rec Capital Projects		
 $  (75,000.00)	Increase	H7110.2	Town Park(Phase II Development)	Equip & Cap Out	
	This budget modification is for the matching grant received from the NYS Office of Parks 
	Recreation & Historic Preservation for the Town Park Phase II development project.	

Councilman Gier moved for the adoption of the following motion #110, Motion seconded by Councilman Borngraber Roll Call Vote: Gier ? aye, Borngraber ? aye, Pero-aye, Kujawinski- aye, Fullone ? aye, 5 Ayes, 0 Nays, 0 Abstains 
#110: RESOLVED: Approval Of The Above Listed Budget Modification For The Period Ending March 30th, 2010 As Recommended By The Town Bookkeeper As Presented

Supervisor Pero moved for adoption of the following motion #111, seconded by Councilman Borngraber 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#111: RESOLVED: Town Clerk?s February 2010 Financial Reconciliation Reports Be Accepted As Presented

Councilman Gier moved for adoption of the following motion #112, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#112: RESOLVED: Justice Gugino / Justice Crouse February 2010 Financial Reconciliation Report (Bail & Regular) Be Accepted

Councilman Borngraber moved for adoption of the following motion #113, seconded by Councilman Fullone 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#113: RESOLVED: March 2010 Code Enforcement Officer Report Be Accepted As Presented. Summary: Inspections: 17, certificate of occupancy:1, building permits issued:1, Pending court cases:4, meetings Brant planning:1, Town Board:1, 

Councilman Gier moved for adoption of the following #114, seconded by Councilman Fullone 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#114: RESOLVED: February And March Dog Control Officer?s Activity Report Be Accepted As Presented Summary: February: Dogs seized:1, Kennel days:8, Total Dog calls:5, Court cases:1 March: Dogs seized:8, Kennel days:38, Total Dog calls:7, Court cases:0

Councilman Borngraber moved for adoption of the following #115, seconded by Supervisor Pero. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays, Gier 
#115: RESOLVED: March 2010 Police Activity Report Be Accepted As Presented Summary: 4778 miles patrolled, Arrests: Felony:3, misdemeanor:3, V&T:186, complaints ? 41, property checks ? 224
Councilman Fullone moved for adoption of the following #116, seconded by Councilman Borngraber. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#116: RESOLVED: Town Clerks March Activity Report To The Board Be Accepted As Presented Summary: Total monies rec?d - $1674.21, Town share $737.76, Erie County $39.96, NYS Health $22.50, NY State Ag & Mkts $24.00, NYS DECALS $0, Security Deposits $850.00. Tax warrant paid to Town $ 817,359.49 paid to county $510,000.00(corrected from verbal report).  Clerk reported uses of building by groups and organizations and Census work training use in May, reported  refuse issues, grounds bid, audit RFP?s reviewed, tax collection, FOIL?s, and abstract items.

Planning Board Report: Members discussed variance notification again and recommended law change to read within 1000 feet to be measured from each boundary line.  
Supervisor Pero stated a public hearing would be needed. 
Councilman Borngraber moved for adoption of the following motion #117, motion seconded by Councilman Kujawinski. Roll Call Vote: Borngraber ? aye, Kujawinski- aye, Pero-aye, Fullone ? aye, Gier ? aye, 5 Ayes, 0 Nays, 0 Abstains 
#117: RESOLVED: To Hold A Public Hearing On May 11th 8:00PM For Changes To Code 166-62, Notification Of Land Owners For Variance 
Attorney expressed concern over general municipal law and the Erie County planning being notified, he will check with Erie County and public hearing can be changed to another date if needed.   
Councilman Fullone moved for adoption of the following #118, seconded by Councilman Kujawinski.  5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#118: RESOLVED: March 2010 Planning Board Report Be Accepted As Presented 

Councilman Borngraber moved for adoption of the following #119, seconded by Councilman Fullone.  5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#119: RESOLVED: Fire Company Activity Reports Are Accepted. 
Brant: Chief Pero reported February: 7 calls, March: 11 calls Question on burn on Haley Rd., when will it be done ? check with North Collins 
Councilman Gier reported that Farnham Fire Dept March: 13 First Aid calls & 2 Fire calls.

Acknowledgement of Dignitaries and Invited Guests: Supervisor Pero recognized gentlemen in the room and they stated they were missionaries to the area.



OLD BUSINESS: 
  
Brant School/ Town Hall
Supervisor Pero stated nothing new at this time, the board is in discussion at this time and will report when there is news. 

Park Maintenance Contract: 
Town Clerk has contacted Evans Agency to review insurance cert?s and attorney also to review, question of issues of work outside normal scope of spec?s.  Attorney asked if committee reviewed ?Borngraber is committee and was present when bids were opened. Board members had discussion concerning insurance, specification requirements, and past expenses outside normal scope of work.  
Councilman Gier moved for #120, Seconded by Supervisor Pero, Roll Call Vote: Gier ? aye, Pero-aye, Borngraber? abstain, Fullone ? aye, Kujawinski- aye, 4 Ayes, 0 Nays, 1 Abstains
#120: RESOLVED: To Table Award For The Grounds Maintenance Contract After Town Insurance Review And Requirements, And Attorney Review. 

Pool House Roof:  
Councilman Gier introduced Dave Johnson from Nussbaumer & Clark reported review of pool bath house and found more issues than just the roof replacement. He presented a scope of services contract for the pool house work which included evaluation of roof and brick conditions, bid and award, general services during construction and completion of project oversight.  Nussbaumer?s fee for the scope of services described herein is on an ?hourly not to exceed ?basis with the fees for each task involved: design $3,000.00 and construction related work scope $1475.00 for a total engineering fee of $4,475.00. Attorney stated contract subject to insurance verification. .  
Councilman Gier moved for #121, Seconded by Councilman Kujawinski, Roll Call Vote: Gier ? aye, Kujawinski- aye, Pero-aye, Fullone ? aye, Borngraber? aye: 5 Ayes, 0 Nays, 0 Abstain
#121: RESOLVED: Approve Services Contract With Nussbaumer & Clark For Pool Bath House Roof And Building Design, Bid, And Completion  Project And To Authorize Supervisor Pero To Sign Contract With Named Engineer For The Amount Of $4,475.00


National Grid/ Meter/Town Hall
Councilman Gier reported that the project to change the electric meter is being investigated and he would like Nussbaumer to look into. 

Lake Shore Youth Football:
Supervisor Pero confirmed request for use of recreation building this Saturday as reported by Clerk in her report. Councilman Kujawinski reported that himself and Gier met with LSYF board members and asked for an update to be given to the Board members of their plans He recognized Chad Kaczmarek (liaison from LSYF to Town) and John Killian. Chad addressed the board and reported that they intend to remove the small sheds and build a garage and add lavatories to their concession stand so they would not need use of Recreation building anymore.  They will need the town to have a perk test and figure out a way to help each other.  Field lights: he has given Gary Brecker an application for National Grid to evaluate site for field lights and possible need of a transformer.  He said the intent to get lights up later this year or early next year.  Kujawinski stated that the board has acquired the boundary map and he and Gier are conferring to see if they can bring in an intern who would work with us for an updated park master plan which would evaluate and consider a long needed look at the electric supply to the park (underground, 3 phase), especially now with park grants, LSYF use of park, new buildings, etc. Supervisor Pero said board should give approval at this time for garage to be built, Attorney Trask stated the board needs to slow process and confer with him and consider steps to take before any buildings, etc on town property. 

NEW BUSINESS: 

RFP External Audit ? 
Attorney Trask prepared an RFP to send out to area CPA firms with municipal auditing experience asking for a menu of services they can provide, and costs. A 
Finance and audit revisionary committee has been formed and met and reviewed the proposals of firms. Recommendation of committee is to use Lumsden & McCormick, LLP of Buffalo for a three year option of 2009: $12,000.00, 2010: 12,500.00 and 2011: 13,000.00. and ask the board to consider a motion to approve the expenditure and approve a budget modification for the encumbered amount of $12,000.00 for line A1320.41 for 2010 budget.
Councilman Borngraber moved for #122, Seconded by Councilman Kujawinski, Roll Call Vote: Borngraber? aye, Kujawinski- aye, Pero-aye, Gier ? aye, Fullone ? aye: 5 Ayes, 0 Nays, 0 Abstain
#122: RESOLVED: To Accept The Bid Received From Lumsden & McCormick For Auditing Services For Three Year Option Of 2009 $12,000.00, 2010: 12,500.00 And 2011: 13,000.00 And To Direct The Budget Officer To Make The Appropriate Budget Modifications.

Recreation Appointments
Recreation Councilman Gier reported that he and Vince Fininzio and Joseph DeMaria met and reviewed applicants all reappointments from last year. Board members discussed amount of attendees needed and lifeguards.
Councilman Borngraber moved for #123, Seconded by Councilman Kujawinski, Roll Call Vote: Borngraber? aye, Kujawinski- aye, Pero-aye, Gier ? aye, Fullone ? aye: 5 Ayes, 0 Nays, 0 Abstain
#123: RESOLVED: Approve The Following List Submitted By Councilman Gier
Recreation Attendants For Summer Of 2010: Amanda Barratt, Eric Rosiek, Joe Bellanti, Charles Arrigo, Megan Granich, Cindy Nelson, Sam Dawley, Rick Hubbard, Joe Viapiano, Mike Waring, Dana Waring, Amber John, Zach Browning, Mark Trask, Debbie Mardino, Maria Vayo, Megan Hughes, Caroline Grennell
Pool Lifeguards: Samantha Timm, Michelle Loomis, Tara Sager, Kyle Sager
Councilman Gier reported that he is following up with the bus lease with Lake Shore Schools and having Attorney Trask review past agreements. 

Reports Of Committees/Projects/Town Board Reports
Fullone: GIS/Archive Grant ? Wendell proceeding forward, Wendell will be closing up with recommendations soon. 
Kujawinski: Route 5 and 20 CDBG: final received and presented at a meeting March 16 with the Village of Farnham present. Received some calls concerning refuse and has corresponded with Westfield. 
SWR Water: Dan met with Rural Development twice in March: Supervisor Pero resubmitted a revised district plan area application in late 2009.  Estimated cost per unit would be over $800.00 per year for over 30 years and paper work needs to be completed before September with upfront cost to the Town could be over $20,000.00 and this is before we even would know if we would get grant. Board had further discussion as to the water district not being feasible to present to the residents. 
Pero:  Read a letter from Mayor Terry Caber referring to the Village?s refusal of an awarded grant from Local Government Efficiency grant in January of 2010, the Town Board had approved the expenditure of $1,500.00 to offset costs to Village for matching funds, this grant was to study consolidation of services.  
Gier: Please review submitted proposal from Nussbaumer for retaining their general services. 
Board recognized new Village Trustee, Julie Gibbons who was present. 
Clerk Ells: reported that Grant writer Miner reported that all paperwork is in for the Phase I, and indication from other towns is an approximate time period is three months for money to be approved and than a performance audit will be required. 
Fullone: Asked the board to consider an agreement with Officer Nathan Miller to attend Scholl for radar training, and the Town of Brant would pay expenses and attorney will provide agreement/ memorandum to be signed.  
Councilman Fullone moved for #124, Seconded by Councilman Borngraber. Roll Call Vote: Fullone ? aye, Borngraber? aye, Pero-aye, Gier ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstain
#124: RESOLVED: Approve To Authorize The Supervisor To Sign And Execute An Agreement Which States:  The Town Of Brant Will Cover The Costs Of Nathan Miller Attending Radar School Where He Will Earn A Degree And Will Before That Time Sign Said Agreement In Which He Agrees To Remain In The Employment Of The Town Of Brant  For A Period Of No Less Than One Year Or He Will Be Responsible For Repaying The Town Of Brant The Cost Of Said Training And Pay Received During Training Which Would Be Prorated. 
Pero: Board and employees received and reviewed Independent Health renewal for health insurance coverage. 
Kujawinski: Reviewed issues with refuse ? still working on electronic items and reviewed a request from LSYF to put large garbage receptacle at the back of park ? decision was no, due to truck having to go through park. 
Gier: Audit/ to department heads ? please be more specific on purchase items 
Councilman Gier moved for #125, Seconded by Councilman Fullone. Roll Call Vote: Gier ? aye, Fullone ? aye, Kujawinski- aye, Borngraber? aye, Pero-aye, 5 Ayes, 0 Nays, 0 Abstain
#125: RESOLVED: To Approve And Authorize Supervisor Pero To Sign Renewal Of Independent Health Group Coverage Reference # 15866N For One Year/ Increase Will Be Covered By Employee 
Borngraber: reviewed grounds spec?s, audit bills, pool correspondence received 
Pero:  Requested annual funds for Southtowns Community Enhancement Coalition
Councilman Fullone moved for #126, Seconded by Councilman Gier. Roll Call Vote: Fullone ? aye, Gier ? aye, Borngraber? aye, Pero-aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstain
#126: RESOLVED: To Approve Payment Of Dues For 2010 In The Amount Of $1,000.00 To Southtowns Community Enhancement Coalition

Pero: Reported closing of bridge on Hardpan Rd will happen on June 14 till Sept 7
Fullone: Reported that he sent letter to civil service concerning police chief, Grennan of ECCS will allow us to hire a sergeant or Lieutenant or captain and can have that rank on a part time basis (save taxpayers? dollars) and Attorney Trask can verify correspondence. Fullone asked for a committee to continue with tasks and we already have two candidates: Fullone and Borngraber as search committee. 
Councilman Gier moved for #127, Seconded by Supervisor Pero. Roll Call Vote: Gier ? aye, Pero-aye, Borngraber? abstain, Fullone ? aye, Kujawinski- aye, 4 Ayes, 0 Nays, 1 Abstain
#127: RESOLVED: To Form A Search Committee For Position Of Head Of Police Department Consisting Of Councilman?s Fullone And Borngraber. 
Borngraber: Brant Fest: received request for assistance with costs of Festival, namely port a john and advertising in Penny saver, Borngraber recommendation is for $1000.00 seed money.
Borngraber read a letter of request from Marcy Muffoletto for monetary assistance for Brant Fest which will be held June 20 at the Brant Town Park this year.
 Councilman Borngraber moved for #128, Seconded by Supervisor Pero. Roll Call Vote: Borngraber? aye, Pero-aye, Fullone ? aye, Gier ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstain
#128: RESOLVED: To Approve The Expenditure Of Monies For Brant Festival To Cover Port A Johns And Penny Saver Ads Up To The Amount Of $1,000.00

Meetings & Correspondence /Miscellaneous Information
Supervisor Pero moved for the adoption of Proclamation 1 of 2010 # 129, seconded by Councilman Gier 5 Ayes   Pero, Gier, Fullone, Kujawinski, Borngraber 0 Nays 
#129: WHEREAS, The Town of Brant recognizes the American Bikers Aimed
Toward Education (ABATE) Organization as a promoter of motorcycle safety, awareness & education. WHEREAS, the month of May brings out many of the motorcycle riders due to the change in weather, and extra precautions should be in effect for these riders. WHEREAS, 
NOW THEREFORE BE IT RESOLVED, that the Brant Town Board proclaim the month of May as Motorcycle Safety and Awareness month in the Town of Brant 
 
Communication from Lynn Dixon concerning legislative issues to be posted for review. 
Evans Brant Chamber of Commerce
Received a Municipal Clerk proclamation from Newstead naming April dates for recognition of municipal clerks.
Received correspondence from  Erie County ORPS that full franchise values are complete.
Public Service Cooperative correspondence received

ABSTRACT:
The board reviewed that a feasibility study was agreed upon between the town and Village of Farnham full amount due was $2500.00, town has paid 1250.00, with $1250.00 due at this time and Village portion agreed upon is $625.00. Supervisor Pero will follow up with correspondence with Farnham, asking for their contribution agreed upon on June 30, 2008.
Councilman Gier moved for adoption of the following #130, seconded by Councilman Fullone.  Roll Call Vote: Gier ? aye, Fullone ? aye, Pero-aye, Kujawinski- aye, Borngraber - aye 5 Ayes, 0 Nays, 0 Abstains 
#130 RESOLVED TO APPROVE ABSTRACT 4 of 2010 -- CORRECTED
*Prepaid and unpaid as of April 13, 2010
General Fund Town wide Vouchers Unpaid 85-127 Totaling: $ 42,488.54 **see below
General Fund ? Part Town Unpaid 9-11 Totaling: $18,080.64
Highway Fund T.W.  Vouchers Unpaid 34-45 Totaling: $2,775.15 
Highway Part Town Vouchers: Unpaid 2-5 Totaling: #7,622.86
Street lighting ? Voucher #3 Totaling $2,482.64
Capital Park Project (H) ? Voucher #1 Totaling: $3,729.00
Lotus Bay Sewer Dist #1 ? Voucher #1 Totaling: $500.00
Brant Water District #1 ? Voucher # 2 Totaling $307.50
Highway Payroll PT 03/06/10 to 3/27/10 Totaling: None
Highway Payroll TW 03/06/10 to 3/27/10 Totaling: $8,728.38
General Town Wide Payroll 03/06/10 to 3/27/10 Totaling $27,522.95
General Part Town Payroll 03/06/10 to 3/27/10 Totaling $635.97
*Please note there were no bills prepaid this month as per memo received from Supervisor advising that no bills would be pre paid. 
Please Note: Attorney Trask?s voucher ($432.50) accidentally not presented to audit committee by Clerk, others added as presented by Supervisor at meeting
Following vouchers added by Town Board with audit committee approval as presented at meeting:
#126 ?General Fund TW/ Payable to W. Trask Sr. in the amount of $432.50  
VOID #127 ?General Fund TW/ Payable to Joseph DeCarlo in the amount of $120.00 ? VOID this was given to Supervisor to sign for approval for state to pay not to be submit to Town 
# 2    ?Brant Water District #1/ Payable to Village of Farnham in the amount of $307.50 
**Please Note: Vouchers denied by Audit Committee: On Abstract $1250.00(original error of $625.00) Schenne & Associates submitted by Supervisor/issue of amount due to Town/Schenne by Village of Farnham reference in minutes 
Privilege of Floor:

Tish Brady spoke to Board thanking them for beach cleanup of Lotus Bay, stating they had same thing as was happening in Gowanda and Silver Creek. As taxpayers we expect caution in spending dollars and is concerned board approved outside council expenses with no cap for internal disputes amongst the board. Lotus Bay residents contribute their fair share in the tax dollars collected.
Lee Brunelli asked about large items being picked up and was concerned when residents will be informed as to what are acceptable, specifically electronic goods. Kujawinski is working on this issue.
Debra Ritz: Asked if FEMA has reimbursed the Town for the lake area cleanup yet? Pero stated he has received letter from FEMA stating they will fully reimburse us and a little extra. It?s on the desk at FEMA.
Sam Lojacano commented that the news has reported that Gowanda Hospital has not received their dollars and how can we expect FEMA to repay the Town of Brant for the clean -up of two private beaches. Pero stated we have received $30,000.00 so far in two checks of $22,000.00 and $8,000.00 and paperwork etc. all was done according to FEMA and SEMA regulations, and yes the money is forthcoming. 
Councilman Gier moved for adoption of the following #131, seconded by Councilman Fullone.  5 ayes: Pero, Gier, Kujawinski, Fullone, Borngraber 0 nays
#131 RESOLVED: TO ADJOURN THE April 13, 2010 MEETING OF THE BRANT TOWN BOARD AT 10:10 PM

Respectfully submitted,
Thea A. Ells, Brant Town Clerk