Minutes of 2/8/11 Town Board mtg


Minutes: Town Board Meeting Tuesday February 8, 2011 Brant Town Hall
		
Present: Supervisor Leonard Pero, Councilman, Councilman Jeffrey Gier, Clark Borngraber, Councilman Daniel Kujawinski, Attorney William J. Trask Sr., Town Clerk Thea A. Ells. Absent: Councilman Vincent Fullone.

Record of Sign In: Donald Hepkins (Police Lt.), Brian Rott, Debra Ritz, Lynda and Joe Ostrowski, Lee Brunelli, Donald Clark, Rick Snavely, Gary Brecker, Barbara Daniel, 

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. 

Councilman Gier moved to accept # 44 and was seconded by Councilman 
Borngraber. 4 ayes: Gier, Borngraber, Kujawinski, Pero. 0 abstain, 0 nays
#44 RESOLVED: Approval of Town Board Meeting Minutes from January 11, as submitted by Town Clerk

Councilman Gier moved for the adoption of the following motion #45 seconded by Councilman Kujawinski.  4 ayes: Pero, Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#45 RESOLVED: To Approve Supervisors December 2010 Financial Report As Presented

Councilman Kujawinski moved for the adoption of the following motion 46, seconded by Councilman Gier Roll Call Vote: Kujawinski- aye, Gier ? aye, Pero-aye, Borngraber ? aye     4 Ayes, 0 Nays, 0 Abstains 
#46 RESOLVED: Approve the following Budget Modification For The Period Ending January  As Recommended By The Town Bookkeeper As Presented
General Fund Townwide (A)					
 $       316.00 	Decrease	A1110.11	Muni Court-Contr Expend/Crouse	Pers Serv		
 $      (316.00)	Increase	A1110.4	Muni Court-Contr Expend/Crouse	Contr Expend	315.04 	
						
 $       312.00 	Decrease	A1220.2	Supervisor	Equip & Cap Out		
 $      (312.00)	Increase	A1220.11	Supervisor Secretary	Pers Serv	311.31 	
						
 $      (351.00)	Decrease	A1355.11	Assessment-Clerk	Pers Serv		
 $      (351.00)	Increase	A1355.4	Assessment	Contr Expend	350.89 	
						
 $     1,259.00 	Decrease	A1620.4	Buildings-Old Town Hall	Contr Expend		
 $    (1,259.00)	Increase	A1621.4	Buildings-New Town Hall	Contr Expend	1,258.94 	
						
 $       210.00 	Decrease	A1625.2	Recreation Building	Equip & Cap Out		
 $      (210.00)	Increase	A1625.4	Recreation Building	Contr Expend	209.50 	
						
 $       610.00 	Decrease	A1660.4	Central Storeroom	Contr Expend		
 $      (610.00)	Increase	A1670.4	Central Print/Mail	Contr Expend	609.64 	
						
 $       610.00 	Decrease	A1680.41	Central Data Processing/LAN System	Contr Expend		
 $      (432.00)	Increase	A1680.4	Central Data Processing/Payroll	Contr Expend	431.19 	
						
 $       991.00 	Decrease	A3120.12	Court Baliff	Pers Serv		
 $      (991.00)	Increase	A3120.1	Police-Chief	Pers Serv	991.00 	
						
 $         28.00 	Decrease	A3120.12	Police Court Bailiff	Pers Serv		
       2,075.00 	Decrease	A3315.4	STOP DWI	Contr Expend		
       4,796.00 	Decrease	A1990.4	Contingent Account			
 $     6,899.00 	Increase	A3120.11	Police-Patrolmen,Inspectors,Guards	Pers Serv	6,898.17 	
						
 $       406.00 	Decrease	A1990.4	Contingent Account			
 $      (406.00)	Increase	A3120.2	Police	Equip & Cap Out	405.40 	
						
 $     2,457.00 	Decrease	A1990.4	Contingent Account			
 $    (2,457.00)	Increase	A3120.4	Police	Contr Expend	2,456.15 	
						
 $     2,265.00 	Decrease	A1990.4	Contingent Account			
 $    (2,265.00)	Increase	A3310.1	Traffic Control-BUNY Grant	Pers Serv	2,264.12 	
						
 $     1,602.00 	Decrease	A1990.4	Contingent Account			
 $    (1,602.00)	Increase	A3310.11	Traffic Control-STEP Grant	Pers Serv	1,601.34 	
						
 $         26.00 	Decrease	A3310.2	Traffic Control	Equip & Cap Out		
 $        (26.00)	Increase	A3310.4	Traffic Control	Contr Expend	25.50 	
						
 $       191.00 	Decrease	A5132.4	Garage	Contr Expend		
 $      (191.00)	Increase	A5010.4	Highway Administration	Contr Expend	190.35 	
						
 $       220.00 	Decrease	A1990.4	Contingent Account			
 $      (220.00)	Increase	A9055.8	Disability Insurance		219.40 	
						
 $       631.00 	Decrease	A1990.4	Contingent Account			
 $      (631.00)	Increase	A9060.8	Medical & Dental Insurance		630.20 	
						
Highway Fund Townwide (DA)				
						
 $     1,220.00 	Decrease	DA5142.4	Snow Removal	Contr expend		
 $    (1,220.00)	Increase	DA5130.4	Machinery	Contr expend	1,219.20 	
						

Councilman Gier moved for adoption of the following motion #47, seconded by Supervisor Pero. 4 ayes.  Gier, Kujawinski, Borngraber, Pero. 0 abstain 0 nays
#47 RESOLVED: Town Clerk?s December 2011 Financial Reconciliation Report 

Councilman Gier moved for adoption of the following motion #48 seconded by Councilman Borngraber. 4 ayes: Gier, Borngraber, Kujawinski, Pero. 0 abstain 0 nays
#48 RESOLVED: Justice Gugino / Justice Crouse December 2011 Financial Reconciliation Report (Bail & Regular) Be Accepted

CEO, Gary Brecker, read and summarized his January report. 
Councilman Borngraber moved for adoption of the following motion #49 seconded by Supervisor Pero. 4 ayes: Gier, Pero, Kujawinski, Borngraber. 0 abstain 0 nays
#49 RESOLVED: January 2011 Code Enforcement Officer Report Be Accepted As Presented. Summary:  10 Inspections, 3 court cases, 4 Meeting/Training attended, 1 Building permit issued.

Councilman Gier moved for adoption of the following #50 seconded by Supervisor Pero. 4 ayes: Gier, Pero, Kujawinski, Borngraber. 0 abstain 0 nays
#50 RESOLVED:  Dog Control Officer?s January 2011 Activity Report Be Accepted As Presented. Summary: 1 Wildlife call, 4 stray dog calls, 2 dogs impounded (1fostered, 1 redeemed)

Councilman Kujawinski moved for adoption of the following #51 seconded by Councilman Gier. 4 ayes: Kujawinski, Gier, Borngraber, Pero, 0 abstain 0 nays
#51 RESOLVED: January 2011 Police Activity Report Be Accepted As Presented Summary: 5423 miles patrolled, fuel usage 491.5 gals, Arrests: Felony: 4, misdemeanor: 7, V&T: 182, Fire calls: 0, First Aid calls: 13, Criminal complaints: 4 non criminal: 20, Accidents with Injury: 0, Accidents without Injury: 7. Please watch out for children playing on snow banks and persons walking in the roadways this winter.  We have received very good information from citizens that have been watching out for their neighbors, please continue to do so and contact the Brant Police if you see anything or anyone that is suspicious.  There has been a recent increase in persons going through vehicles that have been left unlocked in driveways --so please lock your vehicles.

Councilman Gier moved for adoption of the following #52 seconded by Councilman Kujawinski. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#52 RESOLVED: January 2011 Town Clerk Activity Report Be Accepted As Presented:  JANUARY TOWN CLERK CASH REPORT: Total monies rec?d: $1,754.67, Town share: $714.17, NYS Health:$22.50, NY State Ag & Mkts: $18.00, NYS DECALS:$0.0, Security Deposits: 1,000.00. Thea reported on projects, bids, contracts, insurance, dog licensing, annual reports filed, etc. Meetings: 3 TB, Tax collectors and Town Clerks, and insurance. Installed Brant Fire Dept. Officers

Supervisor Pero moved for adoption of the following #53 seconded by Councilman Kujawinski. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#53 RESOLVED: To Establish A Tax Petty Cash Fund For 2011 Property Tax Collection In The Amount Of $200.00 To Be Closed At The End Of Collection, And That Property Tax Overpayments Of .49 Cents Or Less Be Turned Over To The Supervisor At The Close Of Collection.

Councilman Gier moved for adoption of the following #54 seconded by Councilman Kujawinski. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#54 RESOLVED: To Give The Authority To Supervisor Pero To Sign An Extension For Tax Collection Till The End Of June 2011 To Be Directed To Erie County Finance. 

Planning Board Report: Meeting: January 27th
SEQR Application ? In reviewing the SEQR Application some discrepancies were found. A letter detailing the discrepancies was sent to the code enforcement officer for amendments. 
Unexcused absences ? Some people have been attending only 1 or 2 meetings a year. At times, a quorum has not been present so no motions could be made. A motion made by Joe and 2nd by everyone to recommend to the Town Board that any member that has 3 or more unexcused absences should be dismissed from the Planning Board and a replacement appointed to ensure a fully functioning Planning Board. All agreed motion passed.
Board members discussed concerns.
Councilman Gier moved for adoption of the following #55 seconded by Councilman Kujawinski. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#55 RESOLVED: To Approve Planning Board Report of January 2011 meeting.

Fire Reports: Farnham reported two fire call and eighteen first aid calls in January

OLD BUSINESS:  

FLN Radio Tower Application: 
Supervisor Pero spoke about letters and correspondence received pro and con for this project. Kujawinski read a statement which included his opinion on public safety issues, discrepancies in the SEQR, and support for project is from out of town. Gier expressed concern with items in SEQR, and details of access road. Pero spoke on size, and placement. Attorney Trask stated per GM law the application went to Erie County and the road access was addressed. Board can impose all necessary permits are in place before granting permit.
Per FLN all air emergency, etc will be notified per FCC, and all FCC requirements have been met.
Councilman Borngraber moved for adoption of the following #56 seconded by Councilman Kujawinski. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#56 RESOLVED: To amend SEQR and send to County for review, and to review requirements and conditions of concern for the Special Use Permit and to table any action till March 8th.   

New Town Hall: 
Pero spoke on finances associated with the renovation and funding options the Board is considering. Pero announced that on February 1st the Board awarded Ed Hulme General contracting the renovation of the NTH, and that the work would be starting soon. 

CDBG Grant Senior Fitness Center:
Pero recapped the awards of contracts for the project which were moved on February 1, 2011.

New York State Archives: 
Grant for a records room at the NTH has been submitted.

Park Rules: 
Borngraber moved to table, Kujawinski seconded 4 ayes. 

Union Concrete/Thruway Access: 
Board members had discussion with Attorney Trask concerning a request for access using the old Hammond Rd and the need for an indemnification and hold harmless agreement including a repair bond. 
Councilman Gier moved for the adoption of the following motion 57, seconded by Councilman Kujawinski. Roll Call Vote: Gier ? aye, Kujawinski- aye, Borngraber ? aye     Pero-aye, 4 Ayes, 0 Nays, 0 Abstains 
#57 RESOLVED: To grant a temporary permit to Union Concrete Construction Corp. to use the public Right of Way known as Hammond Road subject to review and the terms of the indemnification and hold harmless agreement and to authorize Supervisor Pero to sign such. 

Grounds Spec?s: 
Board members had reviewed spec?s and with correction in wording to include Rec. Building.
Supervisor Pero moved for adoption of the following #58 seconded by Councilman Gier. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#58 RESOLVED: To Adopt 2011 Grounds Specs as presented

Supervisor Pero moved for adoption of the following #59 seconded by Councilman Kujawinski. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#59 RESOLVED: To advertise at the earliest date and to have the bid opening on March 29th ? Bids shall be prepared for one year service only. 

Dispatch Contract:
Councilman Gier moved for the adoption of the following motion 60, seconded by Councilman Kujawinski. Roll Call Vote: Gier ? aye, Kujawinski- aye, Borngraber ? aye     Pero-aye, 4 Ayes, 0 Nays, 0 Abstains 
#60 RESOLVED: To Authorize Supervisor Pero to sign Dispatch contract for 2011 with the Town of Evans with Town Attorney review and to approve payment of $2,750.00 to the Town of Evans for dispatch services. 

S.I.T. Program:  Supervisor Pero notified attendees that a S.I.T. meeting will be held at the Senior Community Bldg on February 17, 2011 at 7:00 PM.  

Town Board and Other Reports:  
Councilman Jeff Gier: Working on Fire contracts, and recreation
Board discussed options for sign over front entrance of New Town Hall with Ed Dinkuhn.   
Supervisor Pero moved for adoption of the following #61 seconded by Councilman Kujawinski. 4 ayes: Kujawinski, Pero, Gier, Borngraber. 0 abstain, 0 nays
#61 RESOLVED: to have Ed Dinkuhn replace part of sign over front enterance to read Town of Brant Municipal Center

Privilege of Floor:
Debra Ritz addressed Board inquiring if the Wrestling organization has paid for any building use and if they have been billed. 


Correspondence and Misc. Info. 
Pero spoke on automatic defib at the Senior Center for the Silver Sneakers exercise program. Consideration should be made to all town sites. 
Pero spoke on hydro fracking. 

Councilman Gier moved for adoption of the following #28, seconded by Councilman Borngraber. Roll Call Vote: Gier ? aye, Borngraber ? aye, Kujawinski-aye, Pero ? aye.  4 Ayes, 0 Nays, 0 abstains

#62: RESOLVED:  TO APPROVE Abstract 14 of 2010 and 2 of 2011

Abstract 14 of 2010
Gen Fund Town wide Vouchers pd 554-558, unpd 559-564 Totaling: $17,212.23 

Abstract 2 of 2011
*Prepaid and unpaid as of February 8, 2011
Gen Fund Town wide Vouchers pd 17-23, unpd 24-53 Totaling: $16,104.91 
Gen Fund ? Part Town Voucher pd #2, unpd 3-4 Totaling: $15,292.50
Special Grant Fund: Vouchers 1-2 unpd, Totaling: $216.79
Highway T.W. Vouchers pd #4-5, unpd 6-13, Totaling: $17,644.65
Highway P.T. Vouchers Totaling: None
Capital Projects: Vouchers #1-4 unpd Totaling: $31,435.66
Streetlighting: Voucher pd #1 Totaling: $3,283.60

Councilman Gier moved for adoption of the following #63, seconded by Councilman 
Borngraber. 4 ayes: Gier, Borngraber, Gier, Kujawinski. 0 abstain, 0 nays
#63 RESOLVED: TO ADJOURN THE FEBRUARY 8, 2011 MEETING OF THE BRANT TOWN BOARD at 9:30 PM


Respectfully submitted,

Thea A. Ells, Brant Town Clerk