Record of the Brant Town Board Organizational Meeting, from Tuesday, January 4th, 2011 held at the Brant Town Hall 1294 Brant North Collins Rd., Brant, NY 14027
Present:
Supervisor Leonard Pero, Councilman Clark Borngraber, Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Attorney Bill Trask Sr., Recording Secretary: Town Clerk Thea A. Ells,
Absent: Councilman, Vincent Fullone
Also Present: Kirk Ritz, Debra Ritz, Janet Bowman, Michele Browning, Barbara Daniel, Lee Brunelli, Joe Ostrowski, Lynda Ostrowski, Joe DeCarlo, Brian Campbell, Brian Rott, Don Clark, Don Hepkins, Tim Clark
Verify Notice of Public Meeting
Town Clerk, Thea Ells, read & verified the following was published in The Sun and posted in the Town Hall on the Town Clerks Notice Board, at the Brant Post Office, & Farnham Post Office: Notice is hereby given that the Brant Town Board will hold their 2011 Organizational Meeting on Tuesday January 4th @ 7:00 PM Notice is hereby given that the first regular meeting of same Board will take place on Tuesday January 11th @ 7:30 PM and will be held in the Brant Town Hall, located at 1294 Brant- N. Collins Rd., Brant, New York, unless otherwise posted.
Please call the Town Clerks Office for information and or check our web- site at Brantny.com. The posting of this notice and advising the legal newspaper, complies with Article 7 of the Public Officers Law?.relating to open meetings. By order of the Brant Town Board Thea A. Ells, Brant Town Clerk
December 20th, 2010
PARLIAMENTARY PROCEDURE:
Supervisor Pero read the following resolution:
Robert?s rules of order shall prevail, except where such rules are inconsistent with any local rule or resolution pertaining to the conduct of town business.
Supervisor Pero requested for a motion from a member of the board. Councilman Kujawinski moved, and Councilman Gier seconded the motion. 4 ayes #1 Approved.
Supervisor Pero read the following resolution:
Procedures for the Agenda of regular monthly meetings in the year 2011 shall be adopted as follows:
1.) Call to order by the Supervisor
2.) Pledge of Allegiance to our Flag
3.) Minutes of Last Meeting(s) Approved or corrected
4.) Monthly Reports from Department Heads
5.) Public Hearings or Bid Openings (which usually start at 8 pm or as posted)
6.) Acknowledgement of Dignitaries and Invited Guests
7.) Old Business 8.) New Business
9.) Reports of Committees
10.) Action on Committee reports
11.) Appointment of New Committees to fill vacancies
12.) Reports of the Town Board
13.) Privilege of the floor with rules of Civility 14.) Correspondence & Communications Read --- communications filed with the clerk shall be prior to 12:00 PM (noon) of the day prior to a meeting shall receive consideration for review.
15.) Actions taken on Communications
16.) Miscellaneous
17.) Approval of Abstract 18.) Adjournment
Rules of Civility:
?Rules of Civility for Participation in Board and Committee Meetings in the Town of Brant?
The Brant Town Board declares that the business of town government is a community endeavor requiring an environment that fosters the exchange of ideas in an atmosphere of civility and mutual respect. Recognizing that public discourse is essential to the effective functioning of a representative democracy, the Brant Town Board hereby adopts the following ?Rules of Civility? which will apply to every official, member of the public, visitor and guest attending or participating in meetings of the Brant Town Board and other duly-constituted boards or committees of the Town of Brant.
1. We seek to understand one another?s point of view.
2. Speakers who have the floor are permitted to deliver their comments without interruption.
3. Comments should focus on Town of Brant issues or the particular issue before the board or committee, not on persons or personalities.
4. Anger, shouting, rudeness, cursing, vulgarity, ridicule, impatience and lack of respect for others are not acceptable behavior.
5. Sidebar discussions while others are speaking must be removed from the meeting room so as to not be disruptive to those conducting or participating in Board business.
6. Demonstrations in support of or in opposition to a speaker or idea such as clapping, cheering, booing or hissing, as well as any form of intimidating body language is not acceptable.
?Privilege of the Floor? at Town Board Meetings
Public comment shall be during the ?Privilege of the Floor.? In addition to the ?Rules of Civility? noted above, the following rules and procedures apply to participation in the Privilege of the Floor portion of the meeting.
1. Persons wishing to speak should raise their hand to be recognized.
2. Speakers should identify themselves for the record.
3. Comments are to be directed to the Town Board and speakers may be required to speak from a specified location so their comments may be properly recorded.
4. To allow time for all points of view, speakers are allotted three (3) minutes to speak.
5. Failure to abide these rules may result in forfeiture of a speaker?s exercise of Privilege of the Floor.
Supervisor Pero requested for a motion from a member of the board. Change Privilege of Floor from #17 to # 13. Councilman Kujawinski moved, and Councilman Borngraber seconded the motion. 4 ayes #2 Approved.
Supervisor Pero read the following resolution:
ORDER OF ROLL CALL
Rules of conduct for the order of roll call shall be the following by the clerk present at the meeting; the board member who moves the resolution shall be called upon first to vote, the board member who seconds the resolution shall be called upon second to vote. The remainder of the roll call shall be at the discretion of the clerk.
Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Councilman Borngraber. 4 ayes, 0 nays #3 Approved
DESIGNATION OF OFFICIAL NEWSPAPER
Supervisor Pero read the following resolution:
Designation of official newspaper: the Sun, and as needed alternates, the Buffalo News and the Dunkirk Observer for a one year term
Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Councilman Borngraber. 4 ayes, 0 nays #4 Approved
MONTHLY MEETING SCHEDULES
Supervisor Pero read the following resolution:
MOTION to adopt: the Designation of monthly meeting schedule: 2nd Tuesday of the month at 7:30 PM. To be held at the Town Hall unless otherwise notified in advance.
January 11, 2011 - February 8, 2011 - March 8, 2011 - April 12, 2011 - May 10, 2011 - June 14, 2011 - July 12, 2011 - August 9, 2011 - September 13, 2011 - October 11, 2011 ? (Due to Election Day) Wednesday, November 9, 2011 - December 13, 2011
Regular Monthly meetings may be omitted or dates changed where a conflict of such regular meeting exists with Holidays or other official business or call of the Supervisor. All other meetings shall be at the call of the Supervisor, the time and place to be announced by Supervisor and or notice of such meeting posted. To hold work sessions ½ hour prior to monthly meetings and as needed
Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Supervisor Pero. 4 ayes, 0 nays #5 Approved
DESIGNATION OF BANKS
Supervisor Pero read the following resolutions:
Designations of banks for depositories: shall be Evans Bank, and HSBC for a one year term. Authorizing the Deputy Supervisor to dispense funds in the absence of Supervisor, and give Supervisors? secretary authority to transfer funds between accounts but not authorized to dispense any funds. Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Councilman Borngraber. 4 ayes, 0 nays #6 Approved
INVESTMENT/ PROCUREMENT POLICY
Supervisor Pero read the following resolutions:
Investment Policies as follows: The objective of the investment policy of the Town of Brant is to minimize risk, to insure that investments mature when the cash is required to finance operations, and to insure a competitive rate of return. To keep In accordance with this policy, the Chief Fiscal Officer is hereby authorized to invest all funds, including proceeds of obligation and reserved funds in Certificates of Deposits issued by a bank or trust company authorized to do business in New York State. Repurchase agreements involving the purchase and sale of Direct Obligations of the United States; and Time Deposit accounts in a bank or trust company authorized to do business in New York State, and to participate in Municipal Cooperation Agreement Investment pools legally permissible under New York State statutes and NYS general municipal law articles 3-A and 5-G. COLLATERAL ? certificates of deposit shall be fully secured by insurance of the Federal Deposit Insurance Corporation (FDIC) or by obligations of New York State or obligations of The United States of America or obligations of Federal agencies in which the Principal and Interest of the Town?s investment are guaranteed by the United States of America or obligations of New York State local governments. Collateral shall be held by the seller bank?s trust department or it?s designate. The market value of collateral shall at all times equal or exceed the Principal amount of the certificate of deposit. Collateral shall be monitored no less frequently than quarterly. Investments in Time deposits, CD?s & Repurchase agreements are to be made with banks or trust companies, and at the time and when Independent Auditors conduct an Annual Audit of the accounts and financial affairs of the Town, the Independent Auditors shall audit the investments of the Town for compliance with the provisions of these investment guidelines.
Procurement Policy as follows: that all department heads, elected and appointed officials must consult with the Supervisor prior to the purchase of any item or groups of items costing $250.00 or more. Exception: Highway Department must consult with the supervisor prior to the purchase of item or items of $600.00 or more. All department heads elected and appointed must also consult with the supervisor before the hiring of any employee or of any major repair job of the town.
All department heads must sign vouchers for all purchases and then submit to Supervisor?s office for review, upon review it must be approved by auditing committee before purchase will be paid. All prepaid vouchers must be approved by Supervisor.
PRE PAY POLICY
? Prepays should be noted as ?prepaid? on the Abstract of Claims and should be audited as soon as possible and presented to the Town Board at the next regular meeting.
? The entire Town Board is responsible for the Town?s finances. ?Officers or employees approving these claims may be personally liable if they are subsequently rejected? (Town Law §118)
? The following are the claims made that may be paid before action by the Audit Committee and the Town Board.
? National Grid (Electric)
? National Fuel (natural gas)
? Disability Insurance/Workman?s Comp
? Verizon Wireless
? Land line Phone service
? Debt Service, Serial Bonds, e.g. USDA Rural Development
? Postage fees
? Crystal Rock (water)
? Health, Dental Insurance
? NY State Mandates, Fees, Penalties, Court fines, etc.
? NYS Retirement
? Payroll and other taxes
? Freight & Express Charges
? Contracts of more than one year - No contracts of one year or less, e.g. Refuse Collection, Park upkeep, etc. may be considered for prepayment.
Any Bills that will incur a late fee or penalty because it was missed in the previous audit and okayed by the board by phone.
Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Supervisor Pero. 4 ayes, 0 nays #7 Approved
ADDITIONAL NEW PROCUREMENT POLICY
Supervisor Pero read the following resolution: Members had discussion and reviewed amounts that were explained by Attorney Trask.
WHEREAS, Section 104-b of the General Municipal Law, (GML) requires every town
to adopt internal policies and procedures governing all procurement of goods and services not subject to bidding requirement of GML Section 103 or any other law;
NOW THEREFORE, be it
RESOLVED: That the Town of Brant does hereby adopt the following procurement policies and procedures:
Guideline 1. Every prospective purchase of goods or services shall be evaluated to determine the applicability of GML Section103. Every town officer, board, department head or other personnel with the requisite purchasing authority (hereinafter Purchaser) shall estimate the cumulative amount of items of supply or equipment needed in a given fiscal year. That estimate shall include the canvass of other town departments and past history to determine the likely yearly value of the commodity to be acquired. The information gathered and conclusions reached shall be documented and kept with the file or other documentation supporting purchase activity.
Guideline 2. All purchases of a) goods, supplies or equipment which will exceed $20,000. in the fiscal year or b) public works contracts over $35,000 shall be formally bid pursuant to GML Section 103.
Guideline 3. All estimated purchases of goods, supplies or equipment:
Less than $20,000 but greater than $5,000 require a written request for proposal (RFP) and written/fax quotes from three vendors.
Less than $5,000 but greater than $1.000 require an oral request for the goods and oral/fax quotes from two vendors.
Less than $1,000 but greater than $250 ($600 in the case of the Highway Superintendent) are left to the discretion of the Purchaser, upon consultation with the Supervisor, but all steps taken to solicit prices must be documented in writing by the Purchaser.
All estimated public works contract of:
Less than $35,000 but greater than $15,000 require a written request for proposal (RFP) and written/fax/email quotes from three (3) vendors.
Less than $15,000 but greater than $1,000 require a written RFP and written/fax/email proposals from two (2) vendors.
Less than $1,000 but greater than $250 ($600 in the case of the Highway Superintendent) are left to the discretion of the Purchaser, upon consultation with the Supervisor, but all steps taken to solicit prices must be documented in writing by the Purchaser.
Any written RFP shall describe the desired goods or public work services, quantity and particulars of delivery or completion.
The Purchaser shall compile a list of vendors from whom written/fax/email/oral quotes have been requested and the written/fax/email/oral quotes offered.
All information gathered in complying with the procedures of this Guideline shall be preserved and filed with the documentation supporting the subsequent purchase of public works contract.
Guideline 4. The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the Purchaser prepares a written justification
providing reasons why it is in the best interest of the town and its taxpayers to make an award to other than the low bidder. If the lowest bidder is not deemed responsible, facts supporting that judgment shall be documented and filed with the record supporting the procurement.
Guideline 5. A good faith effort shall be made to obtain the required number of proposals or quotations. If the Purchaser is unable to obtain the required number of proposals or quotations, the Purchaser shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain proposals or quotes be a bar to procurement.
Guideline 6. Except when directed by the town board, no solicitation of written proposals or quotations shall be required under the following circumstances;
a) Acquisition of professional services
b) Emergencies
c) Sole source situations
d) Goods purchased from agencies for the blind or severely handicapped
e) Goods purchased from correctional facilities
f) Goods purchased from another governmental agency
g) Goods purchased at auction
h) Goods purchased for less the $250.
i) Public works contract for less than $500.
j) Purchases under State or County contracts.
Guideline 7. This policy shall be reviewed annually by the town board at its organizational meeting or as soon thereafter as is reasonably practicable.
Councilman Gier moved for adoption, seconded by Supervisor Pero. A roll call vote was taken: Gier-aye, Pero-aye, Kujawinski-aye, and Borngraber - aye. 4 ayes, 0 nays #8 Approved
BLANKET BOND & OFFICIAL UNDERTAKING
Approve a Blanket Bond for town officials. Official Undertaking. Councilman Gier
moved for adoption, seconded by Supervisor Pero. 4 ayes, 0 nays #9 Approved
Supervisor Pero to be hereby permitted to sign his signature by Facsimile & or E-Mail. Motion moved by Councilman Gier, seconded by Councilman Borngraber.
4 ayes, 0 nays #10 Approved.
ISSUE PAYROLL CHECKS
Authorize Computer Search Corporation to issue payroll checks for the town of Brant, New York under a facsimile as has been designated as long as their services are needed by the town, with all payroll paid bi-weekly unless otherwise stated due to circumstances. Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Councilman Kujawinski.
4 ayes, 0 nays #11 Approved
SALARIES FOR ELECTED TOWN OFFICIALS 2010
Supervisor Pero asked for a motion to set the elected official?s 2011 salaries as follows:
Supervisor @$18540.00 /yr, Councilmen (4) @$4,480.00 each /yr, Town Justices (2) @ $11,330.00 each/yr., Town Clerk@$26,000.00/yr, Highway Superintendent.@$22,925.00/yr. Supervisor requested a motion from a member of the board. Question on the motion; Councilman Kujawinski stated he felt in the present times that no increase for elected officials should be considered. Supervisor Pero stated his concerns that the Towns? budget is in good shape, tax rate was lowered with the increases and officials should be rewarded for keeping taxes down and continuing to work together to move the town forward.
Supervisor Pero made the motion to set the salaries as posted, seconded by Councilman Borngraber. A roll call vote was taken: Pero -aye, Borngraber Abstain, Gier?aye, Kujawinski-nay, 2 ayes, 1 nays, 1 abstain #11 Defeated
Councilman Gier moved to table salaries for elected officials, seconded by Supervisor Pero.
4 ayes, 0 nays #12 Table Salaries
PERMISSIBLE EXPENSES
Legal and permissible expenses for town officials authorized in advance with documentation of mileage & receipts required and limited by budgeted amounts.
Mileage rate for town officials? .50/mi. for the use of their cars for official town business upon presentation of a mileage log & voucher to the town. Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Supervisor Pero. 4 ayes, 0 nays #13 Approved
PERMISSION TO ATTEND THE ASSOCIATION OF TOWN?S MEETINGS/TRAINING
It is desirable to attend the Association of Town?s meeting on February 14 ?17 in New York for training purposes that each Town Board member, each Judge, the Town Clerk, Highway Superintendent, Town Code Officer and Town Attorney may attend by permission of the Town Board, that each official attending will be allowed a maximum of $1,200.00 for all expense incurred. Reimbursed expense will include; registration, travel, room and meals only, everything else is the responsibility of the attendee, and receipts and vouchers are required for reimbursement.
Appointment for a one year term of delegate, Supervisor Pero to Association of Towns meeting in New York City in February 2010.
Approval for Town Clerk to attend Town Clerk & Tax Collector Association conferences at maximum of $1,000 for one per year or Association conference in New York at $1,200.00 Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Councilman Kujawinski. 4 ayes, 0 nays #14 Approved
TOWN APPOINTMENTS & AUTHORIZATIONS:
Justices? appointment of clerks to the Justice?s per recommendation of Judges for a one year term, based on a 39 hour week.
Judge Gugino clerk / Karen Cary and clerk Michele Browning for court nights @ 11.59/per hr for court nights with a cap of $23,500.00 total per year.
Judge Crouse clerk / Julie Sager and clerk Michele Browning for court nights @11.59 per hr for court nights with a cap of $23,500.00.
MOTION: for appointment of Lisa M. Herc as clerk on court nights as needed @ 11.59 per hr. Councilman Gier moved for adoption, seconded by Supervisor Pero. 4 ayes, 0 nays #15 Approved
Appointment of court stenographers of McCann & McCann, for a one year term @ $100.00 per occasion, adding $35.00 for sessions over 4 hours. Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Councilman Borngraber. 4 ayes, 0 nays #16 Approved
Councilman Kujawinski moved to appoint John Grennell as Town Prosecutor, to a one year term at an annual salary of $6,500. Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Councilman Borngraber. 4 ayes, 0 nays #17 Approved
Acknowledge the appointment of Town Attorney William J. Trask Sr. for a two year term at an annual salary $12,000. Term ends December 31, 2011 (JANUARY 2010 ? December 2011) Councilman Kujawinski moved for adoption, seconded by Councilman Borngraber. 4 ayes, 0 nays #18 Approved
Supervisors Appointment of Secretary to Supervisor Michele Browning for a one year term @ 14.75 per hour with a cap of $23,010.00 with a max. 30 hours per week. Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Councilman Borngraber. 4 ayes, 0 nays #19 Approved
Supervisors appointment of Bookkeeper/Town Accountant with auditing duties to do Supervisors annual reports and to make minor changes at end of year: R. A. Gryksa & Associates for a one year term: annual contract $14,500.00 per adopted budget.
Supervisor requested a motion from a member of the board. Supervisor Pero moved for adoption, seconded by Councilman Kujawinski. 4 ayes, 0 nays #20 Approved
Approve Supervisor Pero to negotiate BAN (Bond Anticipation Notes) for 2011: Councilman Gier made the motion, which was seconded by Councilman Borngraber. 4 ayes, 0 nays #21 Approved
Acknowledgement of appointment of Sole Assessor Joseph DeCarlo with term ending Sept. 30, 2014 annual salary $13,4000.00 (Appointment Sept-2007) Supervisor requested a motion from a member of the board. Councilman Kujawinski moved for adoption, seconded by Councilman Borngraber. 4 ayes, 0 nays #22 Approved
Appointment of Secretary to Assessor?s office per recommendation of Assessor, Janet Bowman for a one year term @ $11.95 /per hr. /cap at $10,300.00 Supervisor requested a motion from a member of the board. Councilman Borngraber moved for adoption, seconded by Councilman Kujawinski. 4 ayes, 0 nays #23 Approved
Acknowledge Appointment of Board of Review member Virginia Schilling (10/9/10) for a term of 5 years from 10/1/10 to 9/30/14 @ $100.00 annually. Supervisor Pero moved for adoption, seconded by Councilman Kujawinski. 4 ayes, 0 nays #24 Approved
No alternates appointed to the Board of Review.
Approve Appointment of Secretary to the Board of Review Lynda Ostrowski for a one year term @ $ 10.30 per hour. Councilman Kujawinski moved for adoption, seconded by Councilman Borngraber. 4 ayes, 0 nays #25 Approved
Approve appointment of Deputy Clerk per recommendation of Town Clerk: Barbara Daniel for a one year term @ $11.59 per hr with a total cap of $17,000.00 and to approve compensation to Deputy Clerks based on max 29 hours per week and budget approval of $17,000.00. Supervisor requested a motion from a member of the board. Councilman Gier moved for adoption, seconded by Supervisor Pero. 4 Ayes 0 Nays #26 Approved
Acknowledge records management officer, Thea Ells, for a one year term, annual salary $1,450.00 Councilman Borngraber moved for adoption, seconded by Councilman Gier. 4 ayes, 0 nays #27 Approved
Acknowledge: approved appointment of Connie D. Miner as grant writer for a one year term annual contract of $15,000.00 per adopted budget (A1480.4). Councilman Kujawinski moved for adoption, seconded by Councilman Borngraber. 4 ayes, 0 nays #28 Approved
Appointment of custodians Goldie DeSaviro, town hall, Marge and John Bates community bldg. / recreation bldg. for a one year term @$10.00 /per /total cap at $13,000. Supervisor Pero moved for adoption, seconded by Councilman Borngraber.
4 ayes, 0 nays #29 Approved
Appointment of Part time police officers whose compensation for hours worked may not exceed 19.5 hours per week.
Patrolman Ronald Raczka @ $16.85/hr
Investigator -John Giacchino @ $16.85/hr
Patrolman:
Rick Lopez @ $16.80/hr,
Mark Slawek and John Lopez @ $16.50
Nick Nesci and Tom Kurdziel @ $15.75/hr
Sean Hotnick,& Nathan Miller, @ $15.50/hr
Joshua Nolan, & Cameron Dawley @$14.50
Total cap at $102,000.00
Court bailiff -Samuel Pinto@ $16.85 per hr. /cap at $4,000.00
Councilman Borngraber moved to table the above appointments until further review, seconded by Supervisor Pero. 4 Ayes, 0 Nays #30 Approved
MOTION: to acknowledge Lieutenant Donald Hepkins as Officer in Charge @ $27.00/ per hr. & $1,900 health insurance with a cap of $30,000 per year. Councilman Kujawinski seconded by Councilman Borngraber. 4 Ayes, 0 Nays #31 Approved
Acknowledge: Town Board as POLICE COMMISSION
Councilman Borngraber moved for adoption, seconded by Supervisor Pero. A roll call vote was taken: 4 ayes #32 Approved
Appoint police matrons - Amy Hamm and Lynn McNeal @ $50.00 per occasion. Councilman Gier moved for adoption, seconded by Supervisor Pero. A roll call vote was taken: 4 ayes #33 Approved
Appointment of bingo inspector, Phyllis Muscato, for a one year term @$40.00/ per occasion. Councilman Borngraber moved for adoption, seconded by Supervisor Pero. A roll call vote was taken: 4 ayes 0 nays #34 Approved
#35 - Appointment of Spanish interpreter, Rosa Gullo, or a one year term @ $50.00 per occasion. Councilman Borngraber moved for adoption, seconded by Councilman Gier. A roll call vote was taken: 4 ayes, 0 nays #35 Approved appointment
#36 - Approve appointment of dog control officer Barb Daniel for a one year term at annual salary $6,000.00 Councilman Kujawinski moved for adoption, seconded by Supervisor Pero. A roll call vote was taken: 4 ayes, 0 nays #36 Approved
#37 - Acknowledgement of Thea A. Ells as Registrar of Vital Statistics, with Barbara Daniel as Deputy Registrar for term to coincide with elective term of Town Clerk
Supervisor Pero moved for adoption, seconded by Councilman Gier. A roll call vote was taken: 4 ayes, 0 nays #37 Approved
#38 - Appointment of Deputy Highway Superintendent per recommendation of highway superintendent, to appoint Bill Wesp for a one year term @ $19.34/HR
Supervisor Pero moved for adoption, seconded by Supervisor Pero. A roll call vote was taken: 4 ayes, 0 nays #38 Approved
#39 - Appointment of highway driver/worker per recommendation of highway superintendent, Marion Kijek for a one year term @ $18.65/per hr
Councilman Borngraber moved for adoption, seconded by Councilman Gier. A roll call vote was taken: 4 ayes, 0 nays #39 Approved
#40 - Appointment of part time highway laborers/ drivers, per recommendation of Highway Superintendent, Mark Reynolds @ $11.69, Charles Arrigo, Bill Giambrone, George Cordia, and Jeff Mlacker and Samuel Chiavetta as needed for a one year term @ $11.46 per hr.
Councilman Kujawinski moved for adoption, seconded by Councilman Borngraber. A roll call vote was taken: 4 ayes, 0 nays #40 Approved
#41 - Appointment of Clerk to Highway Supt. Per recommendation of Highway Superintendent, Willa Rosenblatt for a one year term, annual salary $3,300.00 Supervisor Pero moved for adoption, seconded by Councilman Kujawinski. A roll call vote was taken, 4 ayes, 0 nays #41 Approved
#42 - Appointment of Recreation Director Vincent Fininzio Jr. For a one year term, at $16.00/hr with an annual salary capped at $3,520 based on 220 hours. Councilman Gier moved for adoption, seconded by Supervisor Pero. A roll call vote was taken: 4 ayes, 0 nays #42 Approved
#43 ? Appointment of Parks Commissioner. Councilman Borngraber motioned to table the appointment, seconded by Councilman Gier. A roll call vote was taken: 4 ayes, 0 nays #43 Tabled
#44 - Appointment of Town Electrician Tim Clark @ $15.00 per Hr. as needed. Responsibility/authority to call for services by Superintendent of Buildings and Grounds.
Councilman Gier moved for adoption, seconded by Councilman Kujawinski. A roll call vote was taken: 4 ayes, 0 nays #44 Approved
#45 - Appointment of Code Enforcement Officer/ Building Inspector: Gary Brecker for a one year term at annual salary $7,100.00 Supervisor Pero made the motion, seconded by Councilman Borngraber. 4 ayes, 0 nays #45 Appointment of Code Enforcement Officer/Building Inspector Gray Brecker
#46 - Appointment of Zoning Board of Appeals member Sherman Reickart for a new term to end on 12/31/15. Supervisor Pero made the motion to appoint Reickart for a new term. No second was made. Board members questioned if Reickart had resigned. Pero stated no. Councilman Gier motioned to table the appointment, seconded by Supervisor Pero. A roll call vote was taken: Gier ? aye, Pero ? aye, Kujawinski ? nay, Borngraber, abstain; 2 ayes, 1 nay, 1 abstain. No action taken on #46.
#47 - Appointment of Zoning Board of Appeals alternate John J. Chiavetta for a one year term. Supervisor Pero moved for adoption, seconded by Councilman Borngraber. 4 ayes, 0 nays #47 Approved
#48 - Appointment of Zoning Board of Appeals Chairman Donald Clark for a one year term. Councilman Gier moved for adoption, seconded by Councilman Borngraber. 4 ayes, 0 nays #48 Approved
#49 ? Table all Planning Board appointments and salaries until next meeting. Councilman Borngraber moved for adoption, seconded by Councilman Kujawinski. A roll call vote was taken. Borngraber-aye, Kujawinski ? aye, Gier-aye, Pero-nay, 3 ayes, 1 nays #49 Approved to Table all Planning Board Appointments and Salaries
#50 - Appointment of Affirmative Action Officer: Michele Hy For one year term Councilman Borngraber moved for adoption, seconded by Councilman Gier. 4 ayes, 0 nays #50 Approved
#51 - Appointment of Board of Ethics, Barb Daniel, Frank Gugino, & Carmen Vacco one year term Councilman Gier motioned to table the appointment, motion to table the appointment was seconded by Councilman Borngraber. 4 ayes, 0 nays #51 Approved to TABLE the above appointments.
#52 - Appointment of Fire Wardens, Gary Brecker & Brant & Farnham Vol. Fire Chiefs one year term Councilman Borngraber moved for adoption, seconded by Councilman Gier. 4 ayes, 0 nays #52 Approved
#53 - Authorize town accountant and auditing committee to audit all financial records of the Town/bookkeeper yearly. Supervisor Pero made the motion. Discussion: Town Attorney Trask questioned the Town Accountant auditing his own work. Supervisor Pero then motioned to strike the ?town Accountant? from partaking in the audit of his work annually. Councilman Borngraber motioned to approve the revised motion, which was seconded by Councilman Gier. 4 ayes, 0 nays #53 Approved to authorize of the Auditing Committee to audit all financial records of the Town/Bookkeeper yearly.
#54 ? Supervisor?s Appointment of Patricia Friend as Town Historian per Supervisor Leonard K. Pero for a one year term. Councilman Borngraber moved for adoption, seconded by Councilman Kujawinski. 4 ayes, 0 nays #54 Supervisor?s Appointment of Patricia Friend as Historian is Approved
#55 ? Appointment of Superintendent of All town buildings and grounds. Councilman Borngraber motioned to table this appointment until the Board can determine and clarify the duties of the position taking into consideration the New Town Hall requirements. Councilman Kujawinski seconded the motion. #55 Tabled Appointment of Superintendent of Buildings and Grounds until the duties can be clarified.
#56 ? Appointment of representative to N.E.S.T. Supervisor Pero for one year term. Councilman Gier moved for adoption, seconded by Councilman Borngraber. 4 ayes, 0 nays #56 Supervisor Pero appointed representative for N.E.S.T. for one year.
#57 - FEE?S, APPROVAL & CONTRACTS approval of fees for Senior Community & Recreation building rentals
Community building rental fee: $100.00
Recreation building rental fee: $75.00 building only
Recreation building w/ gym: $20.00 added to above
Security deposit/confirmation deposit: $100.00 refundable
Fees and security/confirmation are doubled for non residents
Supervisor Pero added that the Town Clerk shall approve no cost rentals to various community groups, provided the use doesn?t conflict with regular rentals.
large shelter and small shelters in the Grove fee?s
large shelter is $40.00
small shelter is $35.00
security deposit /confirmation is $50.00 refundable
all fees and deposits doubled for non- residents and
Business & Corporations - $200.00 Security Deposit and $200.00 rental fee each shelter (revised) Insurance certificate required.
Small shelters outside of grove available on a 1st come 1st serve basis
Councilman Gier moved for adoption, seconded by Councilman Borngraber. A roll call vote was taken: 4 ayes, 0 nays #57 Fees Approved
Acknowledgement of Park Rules: (Tabled)
No Food or Beverages in Pool Area
Park Speed Limit ? 10 MPH
No unlicensed vehicles in park without permission of Town Board
Park Hours will be 7:00 AM till 11:00 PM
Councilman Gier moved for adoption, seconded by Councilman Kujawinski. 4 ayes, 0 nays #58 Park rules tabled until Board discusses enforcement with Police
#59 - Plowing of private roads for emergency use and or by order of the Fire Chief, Police Chief, Highway Superintendent, or Town Supervisor. Discussion: Gier requests a monthly record of plowing occasions to be kept and presented to the Town Board monthly. Further Discussion of attorney Trask that New York State Law and regulations prohibit the Town from plowing private roads (driveways) unless there is an actual emergency, which is different than keeping the roads open in the event there ever is an emergency. Supervisor Pero responded that the last letter from the State was from the early nineties and there hasn?t been an issue since, except in 2004 when the letter from the nineties was brought up. Further discussion from Councilman Kujawinski for the record stated he was once for the plowing of these roads but explained that during the summer last year, he was approached by the Secretary of their association and told in no uncertain terms that he was on private property and was not wanted there. The person emphasized 8-10 times during the conversation that the road was private and he had no business there. In light of this and the ditches they dug into the road to control traffic, he was going to vote against plowing these private roads. Councilman Borngraber added that emergency means emergency.
Supervisor Pero moved for adoption, seconded by Councilman Borngraber. A roll call vote was taken: Pero-aye, Borngraber-aye, Gier?aye, Kujawinski-nay, 3 ayes, 1 nays, #59 Approved the plowing of private roads for emergency use and or by order of the Fire Chief, Police Chief, Highway Superintendent, or Town Supervisor, with a record kept of occasions of plowing kept and presented to the Town Board monthly.
#60 - Approve the signing of a Snow Removal Contract with the Village of Farnham for one year. Supervisor Pero moved for adoption, seconded by Councilman Borngraber. A roll call vote was taken: 4 ayes, 0 nays #60 approved.
Supervisor Pero acknowledged that in 2010, the Town renewed its water contract with the Village of Farnham for 3 years until Dec. 31, 2013.
HOLIDAYS THE TOWN SHALL OBSERVE in 2011
MARTIN L. KING DAY: (Monday, January 17); PRESIDENTS DAY:(Monday, February 21); GOOD FRIDAY: (Friday April 22); MEMORIAL DAY: (Monday, May 30); INDEPENDENCE DAY: (Monday, July 4); LABOR DAY: (Monday September 5); COLUMBUS DAY: (Monday, October 10); VETERANS DAY: (Friday, November 11); THANKSGIVING: (Thursday, November 25 & Friday, November 26); CHRISTMAS EVE: (Saturday, December 24); New Year?s DAY: (will be observed Friday, December 31).
Discussions from Councilman Gier about observing holidays with pay. He questioned allowing holiday pay for holidays not worked. Supervisor Pero stated that the Town has been paying holidays. Councilman Gier motioned to hold off on the decision to approve pay for holidays but motioned to approve holiday pay for Martin Luther King day on January 17. Councilman Gier made the motion which was seconded by Councilman Kujawinski. 4 ayes, 0 nays #61 ? Tabled decision to continue with paying part time office clerks for holidays, excluding the upcoming January 17 (Martin Luther King Day).
The Town Board acknowledge the Town Hall hours:
#62 - Town Clerk?s Office will be open to public 9:00 am to 4:30 pm Mon, Tues, Thurs, and Friday also by appointment ? Closed Wednesday?s & Holidays. Town Clerk mentioned that the Court Clerk?s must revise their advertised hours to reflect the 9 am to 4 pm status they are at. Councilman Gier moved to approve the Town Clerk hours, seconded by Councilman Kujawinski. 4 ayes, 0 nays #62 Town Clerk hours accepted.
Supervisor Pero read the following:
SUPERVISORS? APPOINTMENTS FOR 2011
Appointment of Deputy Supervisor: Donald Clark for one year term
Chairs of Committee: Supervisor on all committees with Chairs except Auditing
AUDITING COMMITTEE: Borngraber, Gier
INSURANCE COMMITTEE & EMPLOYEE BENEFITS: Fullone
POLICE COMMITTEE: Fullone
BUILDINGS: Kujawinski
PARK includes: POOL, PLAYGROUND, GROVE AREAS, & GROUNDS: Borngraber
RECREATION COMMITTEE: Gier
REFUSE & STREET LIGHT COMMITTEE: Kujawinski
HIGHWAY COMMITTEE: Fullone
WATER & SEWER COMMITTEE (Existing Districts): Borngraber
FIRE & AMBULANCE: Gier
TELECOMMUNICATIONS & UTILITIES: Gier
ERIE COUNTY GOVERNMENT: Pero
CONCERT IN THE PARK: Kujawinski
TOWN BOARD LIAISON TO:
TOWN CLERK'S OFFICE: Borngraber
ASSESSOR'S OFFICE: Gier
BOARD OF ASSESSMENT & REVIEW: Borngraber
TOWN JUSTICE COURT: Fullone
POLICE: Fullone
CODE ENFORCEMENT OFFICER: Borngraber
DOG CONTROL OFFICER: Kujawinski
HIGHWAY: Fullone
RECREATION: Gier
PLANNING BOARD: Kujawinski
ZONING BOARD OF APPEALS: Kujawinski
VOL. FIRE DEPT. LIAISON: Gier
CENSUS LIAISON: Kujawinski
BRANT-FARNHAM SENIORS: Borngraber
VILLAGE OF FARNHAM: Kujawinski
BEAUTIFICATION & EVENTS: Fullone
RECREATION PARENT ADVISORY: Gier
LAKE SHORE YOUTH FOOTBALL: Fullone
Various Board Appointments & LIAISONS:
DISASTER COORDINATOR: John McAvoy
DISASTER COMMITTEE: John McAvoy, Bob Mauer, Lt. Donald Hepkins, Brant Fire Chief David Pero, Farnham Fire Chief Peter Chiavetta,Supt. Highway Joseph Giambrone, Town Supervisor Leonard Pero.
BEAUTIFICATION & EVENTS: Marcy Muffoletto
LIAISONS: (Wide Beach) Pat Purpera, (Lotus Bay) Tish Brady,
(Seneca Nation) Cochise Redeye
Prior to closing:
Supervisor Pero requested approval of the voucher containing the payment to Ken worth of Buffalo for the recently delivered new Highway truck. The voucher is in the amount of $160,091. Supervisor Pero motioned to approve payment, seconded by Councilman Gier. Roll Call vote: Pero-aye, Gier-aye, Kujawinski-aye, Borngraber-aye. 4 ayes, 0 nays.
#63 approved to pay voucher #7 of Capital Projects (H Fund) Abstract 13 of 2010.
Supervisor Pero informed the SUN to be present at the Highway garage on Saturday Jan 8th at 11:00 AM for a photo of the new Highway truck and Town Board members.
New Town Hall Conversion bid: Attorney Trask requested the Board approve the publishing of Notice to Bidders as the Engineer John Schenne notified him the specs are complete and ready. Trask asked the Board to allow the bid opening to occur on the 24th of 25th of January. Supervisor Pero set the bid opening at 2:00 PM on Tuesday January 25th at the Town Clerk?s office.
CDBG ? Sr. Fitness Center remodeling Grant: Supervisor Pero stated that John Schenne will have quotes for the project with competitive bidding as required. Pero added that he met with Lake Shore Youth football and they will be volunteering in the project by providing some carpentry, painting, flooring, etc. This will allow us to meet our match with force labor of $17,000 of the $102,000 total.
Supervisor Pero motion to accept the Organizational meeting held tonight:
#64 - Adjourn the January 4th Organizational Meeting @ 8:00 PM in memory of Sunny Muscato, seconded by Councilman Gier:4 ayes, 0 nays #64 Meeting adjourned
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
