Minutes: Town Board Meeting Tuesday July 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, Town Clerk Thea Ells,

Record of Sign In: Joseph Giambrone, Brian Campbell, William Easterling, Ellsworth Nolan, Lee Brunelli, Frank Broughton, Joe & Lynda Ostrowski, Wayne & Marcia Lawrence, Beverly Wasmund, Kirk Ritz, Debra Ritz, Ron Kobel, George Cordia, James George, Martin & Carolyn Rosiek, Cameron Dawley, Nancy Gibbons, 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.

Supervisor Pero motioned to table approval of following motion #196, seconded by Councilman Kujawinski. 5 ayes: Pero, Kujawinski, Fullone, Gier, and Borngraber. 0 nays 
#196:TABLED: Approval of Town Board Meeting Minutes from June 8, 2010 Are Tabled until August Town Board meeting per request of Supervisor Pero.

Councilman Gier moved for the adoption of the following motion #197, seconded by Councilman Fullone 5 ayes: Gier, Fullone, Kujawinski, and Borngraber, Pero. 0 abstain 0 nays
#197: RESOLVED: To Approve Supervisors May 2010 Financial Report Is Approved As Presented

Budget modification was presented by Supervisor Pero per Richard Gryksa:
Budget	Dec From/	Fund Account		Amount
Modification	(Inc) To	Code	Description	Object	Over Budget
Water District #1 (SW)				
 $       108.00 	Decrease	SW8340.4	Transmission/Distribution	Contr Expend	
 $      (108.00)	Increase	SW8310.4	Water Administration	Contr Expend	107.75
Fire Protection Distrci (SF)				
 $     2,305.00 	Increase	SF599	Appropriated Fund Balance		
 $    (2,305.00)	Increase	SF960	Appropriations		
	To increase the 2010 Budget to cover the shortfall due to underestimating the Workmans Comp
 $    (2,305.00)	Increase	SF9040.8	Workmans Compensation	Employee Benefits	 $     2,305.00 

Councilman Gier moved for the adoption of the following motion #198, Motion seconded by Councilman Fullone  Roll Call Vote: Gier ? aye, Fullone- aye, Pero-aye, Kujawinski? aye,    Borngraber, 5 Ayes, 0 Nays, 0 Abstains 
#198: RESOLVED: Approval Of The Above Listed Budget Modification For The Period Ending June 30th, 2010 As Recommended By The Town Bookkeeper As Presented

Councilman Gier moved for adoption of the following motion #199, seconded by Councilman Kujawinski 5 ayes: Gier, Kujawinski, Fullone, and Borngraber, Pero. 0 nays
#199: RESOLVED: Town Clerk?s May 2010 Financial Reconciliation Reports Be Accepted As Presented

Councilman Fullone moved for adoption of the following motion #200, seconded by Councilman Borngraber. 5 ayes: Fullone, Borngraber, Kujawinski, Gier, Pero. 0 nays
#200: RESOLVED: Justice Gugino / Justice Crouse  May 2010 Financial Reconciliation Report (Bail & Regular) Be Accepted

Councilman Borngraber moved for adoption of the following motion #201, seconded by Councilman Fullone 5 ayes: Borngraber, Fullone,  Gier, Kujawinski, and Borngraber. 0 nays
#201: RESOLVED: May 2010 Code Enforcement Officer Report Be Accepted As Presented.  May Summary:  Field Inspections: 13, Meetings: E.C. Lead Seminar.
June 2010 Code Enforcement Officer Report Be Accepted As Presented. June 2010 Summary:  Field Inspections: 19, Meetings & Conferences: 6.

Councilman Kujawinski moved for adoption of the following #202, seconded by Councilman Fullone 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#202: RESOLVED: June Dog Control Officer?s Activity Report Be Accepted As Presented Summary: June: Dogs calls: 3, Kennel days:17, Dogs kenneled: 3 Court cases: 0, Stray dogs: 2, Dog Bites: 1 
DCO Daniel notified Board of meeting scheduled between Town Attorney and DCO Liaison Councilman Kujawinski review the new laws effecting dog control.  Their meeting is scheduled for Wednesday, July 21st at 7pm.  DCO Daniel also obtained Board signatures for the letter of appreciation to be presented to Post-A-Pooch-Plus, Inc for their assistance in the care and sterilization of the Town?s stray dogs in 2009.
Councilman Borngraber moved for adoption of the following #203, seconded by Councilman Kujawinski. 5 ayes: Borngraber, Kujawinski, Pero, Gier, and Fullone. 0 nays
#203: RESOLVED: May 2010 Police Activity Report Be Accepted As Presented Summary: 5185 miles patrolled, fuel usage 422.5 gals,  Arrests: Felony: 0, misdemeanor: 7, V&T:180 , Fire calls: 1, First Aid calls 4, Criminal complaints: 4.  Reported trouble with the Police Dept phone line.

Councilman Kujawinski moved for adoption of the following #204, seconded by Councilman Gier. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#204: RESOLVED: MAY TOWN CLERK CASH REPORT:  Total monies rec?d - $8,398.06, Town share $7,710.81 Erie County $91.65,NYS Comptrollers, NYS Health $90.00 NY State Ag & Mkts $96.00, NYS DECALS $109.60, Security Deposits rec?d $300.00 
Tax Collection: $ 817,359.49 paid to Supervisor ? full warrant amount for Town,) Town penalties and interest will be paid at the end of collection $5,584,90 / $8,962.99 paid to Erie County so far. Clerk reported on building use , recreation update approx 150 campers, grant status: rec?d final report on GIS grant, Server work scheduled for next week, bid update: monies refunded to eligible bidders, RB-needs hot water tank, RB-awaiting Fire & safety report.

Planning Board Report: Secretary Lynda Ostrowski reported there was no meeting

Fire Co. Reports: Councilman Gier had received no reports.

Brant School:
Supervisor Pero addressed the Board regarding a Memo that was circulated regarding a meeting that was scheduled by the Building Chairman who asked all Department Heads to attend to discuss the layout and use of the school with an architect present.  Pero stated that since he didn?t call the meeting, the memo and meeting were void.  Councilman Kujawinski questioned why Pero would appoint him to the task of Building chair, then require him to obtain permission to call a committee meeting.  He added that it was not a Board meeting.  Pero then ordered the planned public meeting date be changed to July 20 at 7:00 PM stating that for someone other than the Supervisor to call a meeting was against Town law.  He then said to schedule a ?Closing Ceremony? on August 7th to officially close the old Town Hall.  He will have a committee for the closing of the old Hall.  He then acknowledged Justice Peter Gugino as the New Town Hall Chairman and requested his input. Gugino stated he just wanted to help. He then named all the members of the New Town Hall Committee and stated they worked on the New Town Hall project for a year and a half and wanted to stay involved.  

Councilman Fullone moved for adoption of the above motion #205, motion seconded by Councilman Borngraber. Roll Call Vote: Fullone- aye, Borngraber ? aye, Pero-aye, Gier ? aye, Kujawinski ? aye, 5 Ayes, 0 Nays, 0 Abstains 
#205: WHEREAS, the Town of Brant Police Department is currently staffed by dedicated part-time police officers serving and protecting our community, and 
WHEREAS, the Town Board wishes to put in place experienced, professional law enforcement command and administrative supervision for its Police Department. 
RESOLVED that the Brant Town Board does accept the creation of the position of Police Lieutenant, part-time, which position has been classified as ?competitive? by the Erie County Department of Personnel and it is further 
RESOLVED that Lieutenant Donald Hepkins is hereby appointed to the position of Lieutenant, part-time with the Town of Brant Police Department effective August 2, 2010, subject to a six (6) month probationary period, at a rate of $27.00 per hour plus a reimbursement of an annual amount not to exceed $1,900.00 for said appointee?s out-of-pocket health insurance costs.       

Lieutenant Hepkins was sworn in by Town Clerk Thea A. Ells.

Councilman Fullone moved for adoption of the following motion #206, motion seconded by Councilman Gier. 4 ayes: Fullone, Gier, Pero, Fullone, Kujawinski, and Borngraber-Abstained. 0 nays, 1 Abstain

Pero informed the Board that he spoke with Kirt Feldamacker about the Ellis Road Bridge.  There is a possibility of obtaining a $403,000 grant with a requirement that the Town match with 20% of the cost (Approx $80,000).  He then informed the Board that there was a good possibility that the Town would be eligible to be covered by the Marchelli fund which would provide up to 70% of the Town?s share bringing the Town?s share of the bridge replacement to approx $20,000.  He discussed if the work was really necessary.  Joe Giambrone stated that he felt the bridge repair was necessary.  Pero said there was no guarantee they would be given funding by the Marchelli fund.  John Arrigo asked what will happen if they don?t fix it now while money is available and five years down the road it falls apart.  Pero answered there may not be funding available but is it wise to have the Town spend $80,000 right now?  The Board will discuss further at the next regular Town Board meeting.

Lake Shore Youth Football Garage:  Discussion took place regarding garage  between the Town Attorney and Board members.  Attorney discussed status of site plan, location, legal agreements, insurance requirements, expected cost of materials $5,800, etc.  LSYF?s attorney provided Town Attorney with a new construction contract that included language that holds the Town harmless during the construction, as it is on Town property.  Discussion continued.  Pero asked if the Board could continue the discussion at the July 20 meeting, already scheduled to discuss the New Town Hall.  Attorney Trask stipulated to properly post the meeting.  Attorney Trask then noted that he had recently received the final electrical inspection on the concession stand and questioned why it wasn?t done last year.  Chad Kaczmarek answered that the electrical underwriter came out and did the final inspection.  Attorney Trask requested clarification about the restroom.  CEO Brecker told him he recommended bathrooms inside the concession stand.  Chad replied they wanted the restrooms in a separate structure.  He added that all cooking is done outdoors and that the food is brought inside and kept warm.  They also get their Health Dept food service permit on an as needed basis with specific dates listed.
Councilman Gier moved for adoption of the following motion #207, motion seconded by Councilman Fullone. Roll Call Vote: Pero-aye, Fullone ? aye, Borngraber ? aye, Kujawinski- aye, Gier ? aye, 5 Ayes, 0 Nays, 0 Abstains 

Highway Truck: Councilman Fullone stated that he and Councilman Gier inspected the 1994 Single Axle Highway Truck and found that it needs a clutch, the air tanks are rotten and the cab mounts need replacement.  He contacted International and got quotes for the clutch and air tanks $2,692.59.  Billy Wesp can fix the mounts.  He felt the Town should fix the old as they may need it.  He stated there is seventy thousand dollars in the fund for a new truck which will run $160,000.  Pero asked is they considered a used truck.  Discussion followed, concluded they will look into process.   
Supervisor Pero moved for adoption of the following motion #208, motion seconded by Councilman Kujawinski. Roll Call Vote: Pero- aye, Kujawinski-aye, Fullone ? aye, Borngraber ? aye, Gier ? aye 5 Ayes, 0 Nays, 0 Abstains 

FEMA: Supervisor Pero spoke that he had a phone conversation with Mr. Jim Casey from SEMO.  According to Pero, Casey informed him that the FEMA money will be sent to Town within the next 30-90 days.  He asked Casey to send him something in writing.  Pero then received a letter from Casey stating that final payment of $69,204.40, an amendment will be created to be obligate funds in the amount if $8,635, which according to Pero would leave the Town with a surplus of approximately $2,000.
Pero then asked the Board to remove the lawsuit, now that he proved payment will come forth.  Kujawinski replied that the matter is not about the clean up.  Kujawinski then made a motion to accept the agreement ?Proposed Settlement Agreement?.  Pero stated he had not seen it yet.  Kujawinski said it was forwarded by Pero?s counsel to all Board members and Pero at the end of June.  Kujawinski then spoke that the lawsuit was initiated because Pero paid a bill without prior audit and approval.
Councilman Kujawinski moved for adoption of the following motion #209, motion seconded by Councilman Borngraber. Roll Call Vote: Kujawinski-aye, Borngraber ? aye, Pero ? abstain, Gier- aye, Fullone ? abstain, 3 Ayes, 0 Nays, 2 Abstains 

TENNIS COURT, SALT SHED AND SHELTER REPAIR:  Borngraber stated the Tennis Court has not been repaired, but will be repaired by the Highway Dept in the near future.  As for the Shelters, one has had Stone put in to level the floor and gravel was put in the other.  The fireplace has been sealed so no one can put fire in it.  He also stated that the Pool house has its new roof and will receive its final inspection within a week.  Also discussed sand in the pool that was cleaned by Beauty pools and until the Contractor pays Beauty Pools for the cleanup, they will not be paid for the job.  Borngraber then thanked Joe Giambrone for the assistance given by the Highway Dept to work on the Shelters.

Councilman Gier had to be excused due to a family member?s illness.

HAMBURG SOUTHTOWN?S RECREATION CONSORTIUM: Supervisor Pero informed the Board of correspondence he received in the form of a Memorandum of Understanding where the Recreation Consortium is seeking the sharing of over budget expenses the Golf Course may experience in their operation.  Based on population, Brant?s share would be 1.4% of any overage.   Brant residents would benefit by enjoying the use of the Golf Course for the same cost as is charged Hamburg residents.  A total of 9 communities will be given this request.  The Consortium requests a 60 day notice if the Town chooses not to participate.  Trask recommended becoming educated about this deal before signing the agreement, as a 1.4% share will not allow much say in the way money will be spent by the Golf Course.  Suggested including Councilman Gier (Recreation liaison) in the discussion.

Supervisor Pero informed the audience that there are forms for the people in Town who have special needs.  Filling out the forms will allow fire and police to know what special needs may exist at a residence.

ELECTRO MAGNETIC PULSE: Spoke of the special presentation to be held at the Senior Community Bldg on July 22 at 7:00 PM.  It will inform the public of the disaster that could happen.

CDBG Senior Fitness Center: Pero informed the Board that he spoke with Tom Dearing regarding the Senior Fitness Center grant project.  He informed the Board about a meeting he has scheduled for with Marie Pietzinski and Tom Dearing on July 29th at 2:00 pm.  The meeting was to discuss the Senior Fitness Center grant to improve the Recreation building gym.  He discussed the Town?s share of the cost of the project, and the possibility of using in kind moneys and the recruitment of volunteers.

Supervisor Pero moved for adoption of the following motion #210, motion seconded by Councilman Fullone. Roll Call Vote: Pero ? aye, Fullone-aye, Borngraber ? aye, Kujawinski ? aye. 4 Ayes, 0 Nays, 0 Abstains 
RESOLVED #210: Approve for payment a $100.00 deposit to Fantasy Island for the deposit for a field trip to Fantasy Island scheduled for July 28th.  
Also requested for approval by Pero was the payment for entry fees for Fantasy Island for the July 28th field trip.  Discussion on how this should be done.  Attorney Trask asked for the Board to first confirm the number of campers to attend.  Pero stated Vince Fininzio quoted 100 were going.  Trask said to get a definite tally and Pero added that the Board can approve at the meeting on the 20th.

Reports Of Committees/Projects/Town Board Reports
BUNY Grant Pero reported that the BUNY Grant has been successfully submitted, per Connie Miner

Recreation Director Vince Fininzios? report.  The report stated 147 children participating.  First field trip will be the movies on Wed. July 14.

Supervisor Pero moved for adoption of the following motion #211, motion seconded by Councilman Fullone. Roll Call Vote: Pero-aye, Fullone ? aye, Kujawinski ? aye, Borngraber ? aye, 4 Ayes, 0 Nays, 0 Abstains 
#211 RESOLVED: APPROVE hiring camp counselors, Matt Muffoletto Don Inglut, and Chelsea Kyjek as substitute counselors 

Pero read a letter from Cameron Dawley from Milestrip Rd expressing interest in the Town of Brant?s sponsorship in completing the firearms portion of his Police officer training.   Borngraber questioned if there was a cost to the town. The letter will be referred to Lt. Hepkins for review.

Time Warner: Fullone inquired if any new information on cable ? Pero has called but nothing new.

American Red Cross Blood Drive: Kujawinski announced a blood drive  on July 15th at Holy Cross Church on Halley Rd in North Collins.  The drive will be held in the gym area from 1:00 PM to 7:00 PM.

Refuse: Kujawinski informed the Board of a meeting he had with Farnham Mayor Caber, Councilman Borngraber and Village Trustee Hoisington.  They discussed the Village dissolution and Casella Waste where they will no longer pick up electronic items.  The contract included the pickup of electronic products, which they are now refusing.  
Councilman Kujawinski moved for the adoption of the following motion #211, seconded by Councilman Fullone.  Roll Call: Kujawinski ? aye, Fullone ? aye, Pero ? aye, Borngraber ? aye.  4 ayes, 0 nays.
# 211 RESOLVED TO approve Town Attorney Trask to write a letter to notify Casella that to refuse pick up of electronic items will be viewed as a breach of contract.  Letter from Mayor Caber to accompany the Town Board?s letter. 

Water Project: Kujawinski addressed the Brant Water district.  At the June 8th Board meeting, Kujawinski had requested a letter be sent to the Village of North Collins Board & Mayor requesting answers to the following questions:
1) What will be the effect on the individual home owners using water from the aquifer   2) What steps are being taken to protect the two well heads from possible contamination or misuse?  He stated he did not get a response to the letter.  He then acknowledged another letter he did receive dated June 25 requesting our input for the SEQR.  Trask explained that North Collins? letter also asks if the Town objects to them acting as lead agent in the project.  Trask informed the Board that the questions asked in the letter would normally be addressed in the SEQR process.

Legislator Lynn Dixon sent information regarding the Road projects scheduled for Brant.  Road work is scheduled from Hardpan to South Main, Mileblock from Cain to the Reservation and Milestrip from Rt 62 to Reservation line.  The road work will be Oil & Chip.
Received notification of ?Cleaning for a Reason?.  It provides free cleaning service for people currently undergoing Chemo treatments.  It provides house cleaning once a month for up to four months. Web details posted.
Evans/Brant Chamber of Commerce events schedule

Councilman Borngraber moved for adoption of the following #212, seconded by Councilman Fullone. Roll Call Vote: Borngraber ? aye, Fullone-aye, Kujawinski- aye, Pero ? aye, 4 Ayes, 0 Nays, 0 Abstains 
*Prepaid and unpaid as of July 13, 2010

General Fund Town wide Vouchers prepaid 211-225**, unpaid 226-271 Totaling: $45,973.24
General Fund ? Part Town Unpaid 17-18 Totaling: $9,056.95
Highway Fund T.W.  Vouchers Unpaid 66-67 Totaling: $185.70 
Highway Part Town Vouchers: Prepaid 16-18, Unpaid 19-23  Totaling: $27,092.48
Fire Protection District: Unpaid 2-3  Totaling: $104,430.00
Street lighting ? Voucher #6 Totaling $2,241.48
Highway Payroll PT 5/23/10 to 7/3/10 Totaling: $12,228.16
Highway Payroll TW 5/23/10 to 7/3/10 Totaling: None
General Town Wide Payroll 5/23/10 to 7/3/10 Totaling: $42,392.28
General Part Town Payroll 5/23/10 to 7/3/10 Totaling: $857.07

** Various vouchers were approved by the Town Board at a special meeting held on June 22, 2010. 

Privilege of Floor:
Steve Stronosk/Garcia addressed the audience urging them to form a taxpayer committee.
Frank Broughton: Thanks Board for the resolution of various issues such as solving Police issue, Electronic refuse pick up, ending Town vs. Pero, and AT&T co-location.
Cindy Smith: Thanked Pero for becoming involved in the CDBG grant, and for cleaning up Wide Beach.
Garcia: Suggests a work session be conducted to eliminate all the problems at these meetings.
Penny Boismenu: Thanked Pero and the Board for the Beach cleanup

Councilman Borngraber moved for adoption of the following #213, seconded by Councilman Fullone.  4 ayes: Pero, Fullone, Kujawinski, Borngraber 0 nays

Respectfully submitted,

Thea A. Ells, Brant Town Clerk