Minutes of 9/7/10 Town Board mtg


Minutes: Town Board Meeting Tuesday September 7, 2010 and Public Hearing/ Cell Tower Co-location at 7:30 PM, Brant Town Hall			 

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

Record of Sign In: Lee Brunelli, Joe & Lynda Ostrowski ,Chris Bevans, Ron Kobel, Michael Daniel, Allen Nolan, Frank Broughton, Brian Rott, Debra Ritz, George Cordia, Donald Hepkins, William Easterling,  Janet Bowman, Ellsworth Nolan, Charles Arrigo, William Easterling, Chad Kaczmarek.

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 Leonard Pero at 7:30 PM with a Pledge to the flag.

Clerks note: this excerpt has been included per request of Supervisor Pero and Clerk has done due diligence to incorporate comments. 
It was confirmed that the June 22, July 13 and July 20 Town Board minutes were approved during the August 10, 2010 Town Board meeting. Board consideration of August minutes: question from Councilman Kujawinski:  Questions request of Pero to include statement from the Hamburg Sun as towns recorded minutes for June minutes, Board should accept the minutes of meeting as submitted by the Town Clerk without altering to news report, example to  clarify incorrect information published in the Hamburg Sun・s that he motioned to rescind the lawsuit against Supervisor Pero /(clarify the Excerpt from Clerk・s minutes : BOARD WILL ACCEPT THE :PROPOSED SETTLEMENT AGREEMENT; TO DROP THE LAWSUIT, IF AND WHEN SUPERVISOR PERO SIGNS THE AGREEMENT.) Supervisor Pero: his attorney informed him that he did not present the Board with any such settlement agreement, Mr. Shaw, hadn・t spoken with Mr. Sullivan in 3-1/2 months.  Because of the lack of an Agreement, Pero did not sign.  Councilman Kujawinski: since Supervisor Pero states that he did not sign or acknowledge that there was an agreement, the issue has not been resolved, as was published in the Sun. Kujawinski: continued, :I was accused of saying I didn・t know how much this was going to cost, and technically, that・s true, but on a number of occasions, I didn・t have an opportunity to finish my answers The facts are, the attorney who is representing us does charge $250/hr.  At that time, no one knew how many hours this is going to go on, I was not going to make up an arbitrary figure and then be called later that I・m a liar.  Attorney Sullivan, has agreed to take on this case Pro-bono, it is not going to cost the Town of Brant any additional money for the lawyer.  I hopedK I wished we could have gotten this behind us. I would like to make a motion to accept the minutes of the June 8th meeting as submitted by the Town Clerk without any additions or editing or deletions.;
Pero: truth of meeting is residents in attendance at meeting heard and according to recording, and Sun reporter heard and I would like the minutes to reflect what was said.  Per Pero: :at the 2 hour and 13 minute mark :when we asked you when you had a meeting and you said no meeting and :we asked you how much this was costing the town; and I asked you :did you know about it?; and you said :your right, I didn・t know about it -how much it was costing.; Kujawinski: :No;.  Pero: states that the members acted without approval of Board in hiring an attorney and that they did same as they are accusing him of and that you didn.t know what it was costing the Town. Pero: wants minutes to reflect what was said at meeting. Kujawinski motioned again to accept as submitted by Town Clerk, Councilman Gier seconded. Pero asked that what has been discussed be included in record.  Deputy Clerk confirmed. 
Councilman Kujawinski moved to accept # 235 and was seconded by Councilman 
Gier. Roll Call Vote: Kujawinski- aye, Gier- aye, Pero - nay, Fullone - nay, Borngraber- aye. 3 ayes 2 nays 0 abstains 
#235: RESOLVED: Approval of Town Board Meeting Minutes from June 8, 2010 as submitted by Town Clerk
Kujawinski questioned report of planning board minute・s acceptance being tabled, and the verbal report at the meeting which was in controversy of the unanimous decisions of the planning board. Gier: Had requested to accept meeting minutes, Lynda Ostrowski stated that the minutes were not read at meeting, although they were presented to board members. Comments from audience. Pero: we are motioning for the acceptance of the August 8th minutes right now.
Supervisor Pero moved to accept # 236 and was seconded by Councilman Fullone. Roll Call Vote: Pero - aye, Fullone - aye, Gier- aye, Kujawinski- aye, Borngraber- abstain. 4 ayes 0 nays 1 abstains 
#236: RESOLVED: Approval of Town Board Meeting Minutes from August 10, 2010 as submitted by Town Clerk

Councilman Gier moved for the adoption of the following motion #237, seconded by Councilman Borngraber 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber. 0 abstain 0 nays
#237: RESOLVED: To Approve Supervisors July 2010 Financial Report Is Approved As Presented

Budget modifications: None Presented by Supervisor/Bookkeeper

Councilman Gier moved for adoption of the following motion #238, seconded by Councilman Borngraber 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber, 0 abstain 0 nays
#238: RESOLVED: Town Clerk・s July 2010 Financial Reconciliation Report and 2010 Tax Collection Final Report Be Accepted As Presented.  

Councilman Gier moved for adoption of the following motion #239, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain  0 nays
#239: RESOLVED: Justice Gugino / Justice Crouse July 2010 Financial Reconciliation Report (Bail & Regular) Be Accepted

Family Life Radio Network Tower: Gary Brecker asked board members to review map and plans with Board members so they are current with case and the issue is going before the planning board this month. Brecker inquired as to fee to charge. No opinion at this time.

Councilman Gier moved for adoption of the following motion #240, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#240: RESOLVED: August 2010 Code Enforcement Officer Report Be Accepted As Presented.  August Summary:  32 Field Inspections, 1 occupancy, 2 meetings attended

Councilman Kujawinski moved for adoption of the following #241, seconded by Councilman Fullone, 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#241: RESOLVED: August Dog Control Officer・s Activity Report Be Accepted As Presented Summary: June: Dogs calls: 7, Kennel days: 7, Dogs kenneled: 3 Court cases: 1, Stray dogs: 5, Dog Bites: 1 (of an adopted dog-dog is to be evaluated for behavior.

Councilman Gier moved for adoption of the following #242, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#242: RESOLVED: August 2010 Police Activity Report Be Accepted As Presented Summary: 4187 miles patrolled, fuel usage 483.9 gals, Arrests: Felony: 0, misdemeanor: 8, V&T: 205 , Fire calls: 0, First Aid calls: 15, Criminal complaints: 6 non criminal 50. 

Deputy Clerk, Barbara Daniel read through report for August. Pero: questioned that concession stand file is incomplete, Chad Kaczmarek: didn・t know what is needed, Clerk will contact Kaczmarek and relay what is missing.  AUGUST TOWN CLERK CASH REPORT: Total monies rec・d: $2,915.14, Town share: $1,373.30 Erie County: $70.50, NYS Comptrollers, NYS Health: $ NY State Ag & Mkts: $42.00, NYS DECALS:$1179.34, Security Deposits: $250.00 Tax Collection: Full and Final Report to be submitted at September TB Mtg.
Supervisor Pero moved for adoption of the following #243, seconded by Councilman Borngraber. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#243: RESOLVED: August 2010 Town Clerk Activity Report Be Accepted As Presented 

Planning Board Report: Secretary Linda Ostrowski reported that no meeting was held, and reminded the Board members that two alternate positions are still unfilled.

Fire Co. Reports: Gier Reported:  Farnham: August had 1 fire, 32 First Aid calls.  
Supervisor Pero moved for adoption of the following #244, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain  0 nays
#244: RESOLVED: Approval of August Farnham Fire Co Reports. 


OLD BUSINESS: 
Lake Shore Youth Football Building:  
Attorney Trask inquired for the board to address contract issues in executive session. Supervisor Pero put forward a motion to:  Allow LSYF to construct a storage facility per Code and CEO recommendation.  This building will be 24 feet by 28 feet and will be located approximately 60 feet north of the concession stand and 10 feet west of the service road . This building will be donated to the Town of Brant at no cost to the taxpayers and will be used for storage by the Town and LSYF as long as LSYF is in the park and promoting youth football in the Town. Motion seconded by Councilman Fullone. 
Discussion:  Gier: contract is not finalized. Pero: no contract is needed for a storage shed. Improvement to Park. LSYF has followed dictates of board since February. Pero asked for a roll call vote: Borngraber further discussion: per agreement LSYF wants x dollars for building if they have to leave. Kaczmarek:  yes, in agreement. 

8:00 Break for Public Hearing 
Supervisor Pero acknowledged the 8:00 PM Public Hearing and asked that the current discussion be suspended until after the Hearing.  Clerk read Legal Notice published.
Councilman Kujawinski moved for adoption of the following #245A, seconded by Councilman Fullone. 5 ayes 0 nays 0 abstains
#245A: RESOLVED: To Open the Public Hearing at 8:00 PM to review the application of AT&T to modify an existing cell phone tower located at 11810 Mile block Road.  
Chris Bevins of AT&T clarified the reason for the application.  AT&T requests to modify an existing Cell Phone Tower to remove 9 antennae and replace them with 6.  Six are at 234 ft. and three at 218・ but wish to have six at 233・.  Bevins also stated this would be a modification, not a co-location.  There would be no changes at the ground. Councilman Kujawinski wanted to know if there would be a bond paid by AT&T in case they belly up.  Bevins answered that American Towers has a Bond in place.  American Towers is the landlord of the Tower and would be responsible.  Kujawinski stated he wants to make sure someone is responsible. Trask stated that a bond could be a requirement of the Special Permit.  Bevins explained that as a tenant of American Towers, he cannot take down the Landlords Tower.  He can only provide a $25,000 bond for the removal of his antennae and shelter  only.  He can also provide the Town a copy of the Bond that American Towers now has in place.  Frank Broughton asked if the Tower would interfere with Verizon.  Bevins answered no, and that it would bring 3G to the area.  Broughton advised Board to approve.

Councilman Gier moved for adoption of the following #245B, seconded by Supervisor Pero. 5 ayes 0 nays 0 abstains
#245B: RESOLVED: To Close the Public Hearing
Supervisor Pero moved for adoption of the following #245C, seconded by Councilman Gier, Roll Call Vote: Pero V Aye, Gier V Aye, Borngraber - Aye, Fullone V Aye, Kujawinski-Aye.
5 ayes 0 nays 0 abstains
#245C: RESOLVED: To approve the application of AT&T to modify an existing cell tower located at 11810 Mile block Road with the condition of providing the Town with a $25,000 Removal Bond for the equipment they are responsible for.

LSYF Building continued: Discussion Continued: Attorney Trask: asked for a executive session to discuss details of agreement.  Pero: wants vote now.  Trask: Motion does not have consideration of any agreement - Clarification that per motion of the floor, construction would take place without insurance, indemnifications and other items which have been discussed.  Pero: town will own the building. Borngraber: concern of law suit if someone is injured during construction. Kaczmarek: insurance in place, comments of park appearance, and read from agreement that no replacement value will be asked for- board members have not read agreement. 
Roll Call Vote of motion on the floor #246: Pero - aye, Fullone - aye, Gier- nay, Kujawinski- nay, Borngraber- nay. 
# 246 Defeated: Allow LSYF to construct a storage facility per Code and CEO recommendation.  This building will be 24 feet by 28 feet and will be located approximately 60 feet north of the concession stand and 10 feet west of the service road . This building will be donated to the Town of Brant at no cost to the taxpayers and will be used for storage by the Town and LSYF as long as LSYF is in the park and promoting youth football in the Town. 
Comments were given from the floor. Discussion continued: Borngraber repeat, if someone is hurt town will be responsible. Pero yes towns insurance will cover that, Trask: Board is trustee for park, Pero: I will bear all on my shoulders, town insurance will cover. Trask: point of agreement is to insure that their insurance pays not ours. Agreement has to be in place for coverage.    

Brant School:  
Councilman Gier moved for adoption of the following #247, seconded by Councilman Borngraber, 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#247: RESOLVED: Table any discussion or action for the Brant School/Town Hall

Highway Truck: 
Pero reviewed bids which were received and opened at the specified time by the Deputy Town Clerk. Received from Ken worth: $160,091.00, Peterbuilt: $171,278.00, and Freightliner: $181,452.00.
Councilman Gier moved for adoption of the following #247 seconded by Councilman Fullone
 Roll Call Vote: Gier- aye, Fullone - aye, Pero - aye, Kujawinski- aye, Borngraber- aye. 5 ayes 0 nays 0 abstains 
#248A: RESOLVED: Town Board to accept the bids as received and presented Ken worth: $160,091.00, Peterbuilt: $171,278.00, and Freightliner: $181,452.00.
Fullone: reviewed spec・s and reported that town does not have to pay till delivery and all is added to truck, estimate about a month for delivery.
Councilman Fullone moved for adoption of the following #248, seconded by Councilman Kujawinski. Roll Call Vote: Fullone - aye, Kujawinski- aye, Pero - aye, Gier- aye, Borngraber- aye. 5 ayes 0 nays 0 abstains
#248B: RESOLVED: To Award the low bidder, Ken Worth of Buffalo bid for new Highway truck as specified in bid spec・s at the price of $160,091.00

SALT SHED:  
Update/Borngraber: Salt shed has been temporarily repaired and prices are being obtained for siding three sides of the building to be able to put in budget for next year.

2011 BUDGET PLANNING / DEPT HEADS: 
Pero reported that department heads have received a budget form for their budget request process, to be in by Friday and Pero will have a tentative budget to the Town Clerk by the end of the month.
 
E-Waste: 
Kujawinski reported that electronic waste issue has been being reviewed with Casella. Attorney Trask has been involved along with Village Mayor. It has been offered by Casella Waste that they will pickup E-waste on the first of each month of their pickup days once per month each. ( the first Thursday and the first Friday).  Casella Waste will at their expense advertise to inform residents. Attorney recommend that the Town Clerk contact Casella and that the advertising be in the local paper for three consecutive weeks. 

New Business:

Snow Removal contract/County /Town: #249

On a motion from Councilman Fullone, duly seconded by Councilman Borngraber the following resolution #249 was adopted. A roll call vote was taken: 5 Ayes   0 Nays    Fullone V Aye, Borngraber V Aye, Pero V Aye, Gier V Aye, Kujawinski - Aye. 

#249: RESOLVED:  FOR TOWN OF BRANT SUPERVISOR LEONARD K. PERO TO PARTICIPATE AND ENTER INTO A (3) THREE YEAR AGREEMENT WITH ERIE COUNTY FOR SNOW REMOVAL AND ICE CONTROL ON NAMED ERIE COUNTY ROADS IN THE TOWN OF BRANT.

WHEREAS, the Erie County Legislature on the 7th day of September, 2010, amended an agreement, which expired on August 31, 2010, relating to the control of snow and ice on county roads by The Town of Brant, and  

 WHEREAS, The Town of Brant is in agreement that the following is in the best interest of all parties and that the Town will receive a lane mile reimbursement rate increasing five percent each year for an additional three years in the amounts indicated:
September 1, 2010 through August 31, 2011 - $3,077.67 per lane mile 
September 1, 2011 through August 31, 2012 - $3,231.55 per lane mile 
September 1, 2012 through August 31, 2013 - $3,393.13 per lane mile 

WHEREAS, the Town of Brant Highway Department will as per the agreement maintain snow removal and ice control on the following roads: Hardpan from Route 20 to Route 249 (3.0 lane miles), Lake Shore Rd from Cattaraugus Reservation to Evangola State Park (4.28 lane miles), Lotus Point Rd from Route 5 to Old Lake Shore Rd ( 2.88 lane mile), Mile Block Rd from Cain to Cattaraugus Reservation (7.92 lane miles) and Milestrip Rd from Cattaraugus Reservation to Route 62 ( 12.70 lane miles)  
NOW, THEREFORE BE IT RESOLVED, that the Brant Town Board agrees to conditions set forth in the agreement including the minimum coverage and the requirement to name Erie County as additional insured   
RESOLVED, that Supervisor Pero is hereby authorized to sign the agreement with Erie County and the Town Clerk will send (3)Three certified resolutions, Three (3) signed agreements with signed exhibit A and have the Insurance Company send certification naming Erie County as additional insured. 

Unified Courts Annual Audit:
Supervisor Pero reported that the annual audit of the Justice Courts 2009 is needed. 
Supervisor Pero moved for adoption of the following #250, seconded by Councilman Borngraber. Roll Call Vote: Pero - aye, Borngraber- aye, Gier- aye, Fullone - aye, Kujawinski- aye, 5 ayes 0 nays 0 abstains
#250 Resolved: Authorize the Audit Committee (Gier & Borngraber) to retain professional services to conduct a annual audit of the Brant Justice Court Financial Records for the year 2009. This proposal will be ratified at the next board meeting. 

Senior Medical Tax Exempt: 
Supervisor Pero reported to Board members that there was a inquiry from a resident to look into a local option for senior medical reimbursement exemption. Pero stated this just needed a motion to adopt. Gier: please distribute to board to read, review, confer with assessor and estimate impact on taxes, and impact on labor hours in assessor office.  Board will revisit at next meeting. 


Reports of Committees/Projects/Town Board Reports/Communications/Misc. Information:

Councilman Fullone read the following:
Commendation for Joshua Nolan -presentation 
Excerpt from letter to Councilman Fullone from Lt. Donald Hepkins dated Aug. 24, 2010:
I have reviewed the performance evaluation of Joshua Nolan, and I am recommending to the Town Board that Joshua be appointed as a Part-time Police Officer for the Town of Brant Police Department. 
Conditions I suggest are: his successful completion of a probationary period, and that he successfully completes a Field Training Program set up by the Town of Brant Police Department. I feel that the probationary rate of pay set up by the Town Board at the organizational meeting of $14.50 per hour be continued until the end of the conditions set by the Board. 

Resolution appointing Joshua Nolan as Part-Time Police Officer for probationary period read by Councilman Fullone:

WHEREAS, the Brant Town Board previously appointed Joshua Nolan as a part- time police officer for purposes of allowing said appointee to attend the Police Academy as a member of the Brant Police Department, and 
WHEREAS, said appointee has successfully completed the course of training through the Police Academy and has also received field training through the Brant Police Department and now has his police officer certification, 
NOW, THEREFORE, IT IS 
RESOLVED, that Joshua Nolan residing at 843 Brant Farnham Rd, Irving NY 14081 is hereby appointed to the position of Police Officer, part-time with the Town of Brant Police Department effective September 7, 2010, subject to a six (6) month probationary period, at a rate of $14.50 per hour, and it is further 
RESOLVED, that said appointee shall be eligible to be scheduled for regular patrol detail upon completion of such additional paid, in-department field training as shall be deemed necessary by Brant Police Department supervising Lieutenant Donald Hepkins. 
Councilman Kujawinski moved for adoption of the following #251, seconded by Councilman Fullone. Roll Call Vote:  Kujawinski- aye, Fullone - aye, Pero - aye, Borngraber- aye, Gier- aye, 5 ayes 0 nays 0 abstains
#251: Resolved:  Oath of Office taken by Joshua Nolan




Cameron Dawley 
Excerpt from letter to Councilman Fullone from Lt. Donald Hepkins dated Aug. 24, 2010:
I have reviewed the resume from Cameron M. Dawley and I have conducted an interview with him. I have checked his references and believe that he would be an excellent candidate to sponsor in the Law Enforcement Academy Phase Two. Phase Two begins on October 11, 2010 and ends on December 3, 2010, in speaking with Cameron; he has agreed to supply his own weapon, ammunition, academy uniform and transportation for the training. This training also requires that Cameron complete a Field Training Program with the Brant Police Department consisting of 160 hours, and again this would be at no cost to the Town of Brant. 
The appointment of Cameron at the September 7, 2010, meeting would give Cameron enough time to purchase a weapon and ammunition so that he could participate in this academy. 

Resolution appointing Cameron Dawley as Part-Time Police Officer for probationary period read by Councilman Fullone:

WHEREAS, the Brant Town Board has previously appointed qualified individuals as a part-time police officers for purposes of allowing said appointees to attend the Police Academy as members of the Brant Police Department, and 
WHEREAS, Cameron Dawley has attended and successfully completed Phase 1 of the basic course of training through the Police Academy and is now asking the Brant Police Department to appoint him as a part-time police office in order to complete such training and receive field training through the Brant Police Department, 
NOW, THEREFORE, IT IS 
RESOLVED, that Cameron Dawley residing at 1295 Milestrip Rd, Brant NY, is hereby appointed to the position of Police Officer, part-time with the Town of Brant Police Department effective immediately, for purposes of allowing him to attend the Police Academy as a member of a police agency, and it is further 
RESOLVED, that the town shall incur no cost associated with the appointee・s attendance at the Academy, but shall allow such appointee to receive unpaid field training through the Brant Police Department, as deemed appropriate by Brant Police Department supervising Lieutenant Donald Hepkins. 
Supervisor Pero moved for adoption of the following #252, seconded by Councilman Fullone. Roll Call Vote:  Kujawinski- aye, Fullone - aye, Pero - aye, Borngraber- aye, Gier- aye, 5 ayes 0 nays 0 abstains
# 252: Resolved: Oath of Office taken by Cameron Dawley

Police Dept. Purchase Approved:
Fullone read from the letter dated September 7, 2010 he received from Lt. Hepkins requesting the purchase of a new radar gun:
I have completed the BUNY Grant for the 2009-2010 grant years and have submitted vouchers for $ 1920.00 to be reimbursed to the Town of Brant. I am in the process of scheduling the remaining amount of the STEP Grant for the 2009- 2010 grant years; there is a provision for a new radar unit to be purchased from this grant. The price of a new radar unit is $1646.00 shipped to our station, the grant allows for $ 1200.00 for the new unit. I am requesting the Town Board to authorize me to spend $ 446.00 from my equipment account to purchase this unit. 
Councilman Fullone then read from another letter from Lt. Hepkins also dated September 7, 2010 requesting the purchase of two shotguns:
I am requesting permission from the Town Board to purchase 1 new Remington 870P shotgun at the state bid price of $ 436.35 and 1 new Bushmaster M4-A3 carbine equipped with an BO-TECH sight at the state bid price of $1240.95 from the SWAT Store in Lackawanna NY. The above amount would be taken from the equipment account. I feel that our Police Department with the addition of these weapons will add to the safety and security of both the citizens and Police Officers of the Town of Brant. All of the Town of Brant officers are qualified to carry the shotgun and several of the Brant Officers are qualified to carry the carbine as well. I am a certified tactical weapons instructor and will be able to train all of the Brant Officers in the proper use of both weapons. 

Councilman Gier moved for adoption of the following #253, seconded by Councilman Kujawinski. Roll Call Vote: Gier- aye, Kujawinski- aye, Fullone - aye, Borngraber- aye, Pero - aye.  5 ayes 0 nays 0 abstains
# 253: Resolved: Approve Lt. Hepkins to purchase the New Radar Gun and Shotguns according to the above Letters clarifying the purchases.

NYS DOT: 
Kujawinski reported that NYS DOT is holding meetings concerning Route 5 and Route 20 bridge replacement and road work on September 21st in Hanover and September 22nd at the William Seneca Bldg. 

Town Audit: 
Kujawinski reported on a meeting with auditors Lumsden & McCormick and that he signed a proposal for services with them, as this was approved earlier this year. 

Pero: 
Flu Shot Clinic Announced for Saturday October 9th at the Senior Community Building from 11:00 am till 2:00 pm - call Supervisor Secretary for appointments 

Pero: Spoke on tax exemption for Solar panels on residential property, which was accomplished by Bill Henry and Brant 

Pero: 
Request for Public Hearing for CDBG request for 2010
Supervisor Pero moved for adoption of the following #254, seconded by Councilman Gier. Roll Call Vote: Pero - aye, Gier- aye, Fullone - aye, Borngraber- aye,  Kujawinski- aye, 5 ayes 0 nays 0 abstains
#254: Resolved: October 12th at 8:00 PM Public Hearing set for CDBG 

Gier: Recreation report will be presented next month 
Borngraber: Poll is officially closed and is having Highway due normal closing procedure. 
Street Lighting: Gier thanked to Lt. Hepkins and officers for diligence of reporting street lights out. 
Thank you received from Village of Gowanda for recreation pool use this summer. 
 
DOG CONTROL: will be visited at the October meeting as Ag. & Markets is working with Association of Towns to develop model local laws for dog law changes from New York, and cost estimates should be provided for budget figures.  

Proclamation: 
Supervisor Pero read the following Proclamation:
The Town of Brant Acknowledges the Leadership & Dedication of Sharon Trembath as Beach Sweep Coordinator for the past 25 years.  Therefore the Brant Town Board at their September 7, 2010 Town Board meeting Proclaims September 18, 2010 as Beach Sweep Day in Honor of Sharon Trembath for her dedication and environmental service to our area.
Councilman Gier moved for adoption of the following #255, seconded by Councilman Fullone. Roll Call Vote: Gier- aye, Fullone - aye, Pero - aye, Borngraber- abstain,      Kujawinski- aye, 4 ayes 0 nays 1 abstains
#255: Proclaimed:  The Brant Town Board proclaims September 18, 2010 as Beach Sweep Day in Honor of Sharon Trembath for her dedication and environmental service to our area.


Board had discussion of land fill dumping issue in Lake Area of Town. 
Correspondence received from Time Warner program changes. Fullone reported that he has been discussing cable in easterly part of Town bordering North Collins. Lynne Dixon is working on issue also.  
Borngraber inquired of Attorney Trask concerning issue with a reported violation at the pool, 
This issue was cleared up as a paper work error at the Health Department, and they did not follow-up with us and sent letter.  
American Legion is requesting monies to help defer costs of bringing Vietnam Wall to North Collins area in 2012, board will revisit at a later date.  
Request to showcase Highway Solar panel project in a Energy Tour. 
Emergency Services correspondence concerning non-liability for volunteers.
Correspondence concerning chipping of Milestrip Road.

ABSTRACT 9 of 2010:  
*Prepaid and unpaid as of September 3, 2010

Gen Fund Town wide Vouchers pd 323-329,  unpd 330-363 Totaling: $24,106.16 
Gen Fund V Part Town pd 20-22, unpd 23-24 Totaling: $52.439.56
Highway Fund T.W.  Vouchers Unpaid 72-81 Totaling: $5,016.73 
Highway Part Town Vouchers: Prepaid 33-34, Unpaid 35-36  Totaling: $6,303.37
Fire Protection District: None
Street lighting V Voucher #8 Totaling $2,107.90
Brant Water Dist #1 V Voucher #4 V Totaling: $30.00
Highway Payroll PT 8/1/10 to 8/28/10 Totaling: $6,605.21
Highway Payroll TW 8/1/10 to 8/28/10 Totaling: $1257.69
General Town Wide Payroll 8/1/10 to 8/28/10 Totaling: $48,741.74
	Included in the above GF T.W. Payroll
?X	Pool Payroll = $5,322.59
General Part Town Payroll 8/1/10 to 8/28/10 Totaling: $571.38
Councilman Fullone moved for adoption of the following #256, seconded by Councilman Kujawinski. 5 ayes.  Fullone-aye, Kujawinski- aye, Pero- aye, Gier V aye, Borngraber- aye, 0 Nays, 0 Abstains 
# 256 RESOLVED TO APPROVE ABSTRACT 9 of 2010*
* Due to the date change of the Town Board meeting (moved from 9/14 to 9/7) Various vouchers that would have been put on Abstract 9, did not make the abstract in time and were therefore approved at this meeting to be paid with the Prepays on Abstract 10.  They became Vouchers 364 through 369 on Abstract 10.   

Privilege of Floor:
Ellsworth Nolan: LSYF Building- consider rescinding decision, questioned request of Fire reports
Broughton: Fire at house - Thanks to North Collins Fire Dept., questioned if Budget revenue of 200,000 from ticket has been met, expressed disappointment in handling of LSYF issue, and apologizes for his own outburst.
Donna Marien: questioned what has been accomplished, by board this year, what do we pay for, disappointment with handling of LSYF issues, and town monies for attorney fees. 
Board members responded. Board will discuss LSYF contract issues in executive session.

Councilman Gier moved for adoption of the following #257, seconded by Councilman 
Borngraber. 
# 257 RESOLVED: To go into executive session for Contract Review at 9:12 PM 
5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
  
Councilman Gier moved for adoption of the following #258, seconded by Councilman 
Kujawinski.5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
#258 RESOLVED: To close the executive session at 9:50 PM  
 
Councilman Gier moved for adoption of the following #259, seconded by Councilman 
Fullone.  5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber.0 abstain 0 nays
# 259 RESOLVED: TO ADJOURN THE SEPTEMBER 7, 2010 MEETING OF THE BRANT TOWN BOARD AT 9:51 PM

Respectfully submitted,


Thea A. Ells, Brant Town Clerk