Minutes of 12/13/11 Town Board mtg


Minutes of the Brant Town Board Meeting Held on December 13, 2011 at 1272 Brant North Collins Rd. 


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

Record of Sign In:    Janice Ross, Brian Rott,   Ron Kobel, Chad Kaczmarek, Don Clark, Linda & Joe Ostrowski, Debra Ritz, Joe Giambrone, Janet Bowman, Charles Arrigo, Michele Kujawinski, Donna Borngraber 

Clerks note: Town Board members met 7:00 PM for workshops, 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 #310 and was seconded by Councilman Borngraber. 4 ayes.  Gier, Borngraber, Kujawinski, Pero. 0 abstain, 0 nays
#310 RESOLVED: Approval of Town Board Meeting Minutes from November 10, as submitted by Town Clerk.

Councilman Kujawinski moved for the adoption of the following motion #311 seconded by Councilman Borngraber. 4 ayes: Gier, Kujawinski, Borngraber Pero. 0 abstain 0 nays
#311 RESOLVED: To Approve Supervisors October 2011 Financial Report As Presented

Councilman Kujawinski moved for the adoption of the following motion #312 seconded by Councilman Fullone. Roll Call Vote: Kujawinski - aye, Borngraber- aye, Gier ? aye, Pero-aye 4 Ayes, 0 Nays, 0 Abstains
#312 RESOLVED: To Approve Supervisors Budget Modification for period ending October 31st, 2011 As Presented below
Budget	Dec From/	Fund Account	Amount	
Modification	(Inc) To	Code	Description	Object	Over Budget	
General Fund - Townwwide (A)	
 $       280.00 	Decrease	A1621.1	New Town Hall Bldng	Pers Serv		
 $      (280.00)	Increase	A1620.1	Old Town Hall Bldng	Pers Serv	 $       280.00 	
						
 $       714.00 	Decrease	A1621.1	New Town Hall Bldng	Pers Serv		
 $      (714.00)	Increase	A1620.4	Old Town Hall Bldng	Contr Expend	 $       713.10 	
						
 $         50.00 	Decrease	A1621.1	New Town Hall Bldng	Pers Serv		
 $        (50.00)	Increase	A1625.1	Recreation Building	Pers Serv	 $         50.00 	
						
 $       225.00 	Decrease	A1990.4	Contingent Account	Contr Expend		
 $      (225.00)	Increase	A1680.4	Central Data Processing-Payroll	Contr Expend	 $       224.19 	
						
 $     1,086.00 	Decrease	A7180.2	Pool	EQ & Cap Out		
 $       329.00 	Decrease	A7180.1	Pool	Pers Serv		
 $     1,415.00 	Increase	A7020.4	Recreation Administration	Contr Expend	 $    2,296.19 	
						
 $       830.00 	Decrease	A3310.2	Traffic Control(STEP Grant)	EQ & Cap Out		
 $      (830.00)	Increase	A3310.1	Traffic Control(STEP Grant)	Pers Serv	 $       829.76 	
						
 $     3,195.00 	Increase	A2615.1	STOP DWI Fines-Police Dept	Revenue		
 $    (3,195.00)	Increase	A3315.1	STOP DWI	Pers Serv	 $    3,195.00 	
	The above salary expense includes the November expense and is 100% reimbursed by the	
	Erie County STOP-DWI Program			
						
 $     8,300.00 	Decrease	A1990.4	Contingent Account	Contr Expend		
 $    (8,300.00)	Increase	A9785.6	Installment Purchase Debt			
	This budget change is for the first installment on the purchase of a 2011 Ford Crown Victoria 	
	Police car.					
Highway - Part Town (DB)	
 $     3,100.00 	Decrease	DB5112.1	Permanent Improvements	Pers Serv		
       1,975.00 	Decrease	DB5112.4	Permanent Improvements	Contr Expend		
 $    (5,075.00)	Increase	DB5110.1	General Repairs	Pers Serv	 $    5,074.84 	
						
       4,223.00 	Decrease	DB5112.4	Permanent Improvements	Contr Expend		
 $    (4,223.00)	Increase	DB5110.4	General Repairs	Contr Expend	 $    4,222.87 	
						
          161.00 	Decrease	DB5112.4	Permanent Improvements	Contr Expend		
 $      (161.00)	Increase	DB9030.8	Social Security		 $       160.27 	
						
          495.00 	Decrease	DB5112.4	Permanent Improvements	Contr Expend		
 $      (495.00)	Increase	DB9060.8	Medical & Dental Insurance		 $       494.15 	
						
						
						
          273.00 	Decrease	DB5112.4	Permanent Improvements	Contr Expend		
 $      (273.00)	Increase	DB9901.9	Transfer to Other Funds		 $       272.04 	
	Transfer to Special Grant Fund for repair work performed in the Senior Fitness CDBG Project 	
 	 	 	 	 	 	
Special Grant Fund (CD)	
 $       273.00 	Increase	CD5031	Interfund Transfers			
 $      (273.00)	Increase	CD1625.1	Recreation Bldng(Senior Fitness Proj)	Pers Serv	 $       272.04 	
	Budget modification for Highway Dept labor to repair wall per Grant Writer Control Register Report.	
						
This project has been closed out and the CDBG Grant will reimburse $84,373.94  of the total project cost 	
$112,575.68.						
 	 	 	 	 	 	
Water District #1 Fund
          400.00 	Decrease	SW8310.4	Water Administration	Contr Expend		
 $      (400.00)	Increase	SW8340.4	Transmission/Distribution 	Contr Expend	 $       680.00 	
	This fund exceeded its total appropriations Budget by $280.			

Councilman Gier moved for adoption of the following motion #313, seconded by Councilamn Kujawinski. 4 ayes. Gier, Borngraber, Kujawinski, Pero. 0 abstain 0 nays
#313 RESOLVED: Town Clerk?s October 2011 Financial Reconciliation Report Be Accepted.
Councilman Kujawinski moved for adoption of the following motion #314, seconded by Supervisor Pero. 4 ayes. Gier, Borngraber,   Kujawinski, Pero. 0 abstain 0 nays
#314 RESOLVED: Town Clerk?s November 2011 Financial Reconciliation Report Be Accepted.
Councilman Gier moved for adoption of the following motion #315 seconded by Councilman Borngraber. 4 ayes: Gier, Pero, Kujawinski, Borngraber 0 abstain 0 nays
#315 RESOLVED: Justice Gugino / Justice Crouse October 2011 Financial Reconciliation Report (Bail & Regular) Be Accepted

Councilman Gier moved for adoption of the following motion #315 seconded by Councilman Kujawinski. 4 ayes: Gier,   Pero, Kujawinski, Borngraber, 0 abstain 0 nays  
#316 RESOLVED: Code Enforcement Officer?s Report for November Town of Brant be Accepted.  Inspections: 7, court cases: 3, Building permits: 0,
 
Councilman Kujawinski read DCO report and board members discussed her request for funds for a panel and her report on the year expenses and town savings and a lease agreement for the kennel, which was passed with requirements of insurance established. Attorney Trask Sr. stated he would revisit the lease agreement and check with insurance carrier for requirements and inform the board.
 Supervisor Pero moved for adoption of the following #317 seconded by Councilman Borngraber 4 ayes: Borngraber, Pero, Gier, Kujawinski. 0 abstain 0 nays
#317 RESOLVED: Approve purchase of kennel panel for Town at DCO kennel
 
Councilman Kujawinski moved for adoption of the following #318 seconded by Councilman Gier. 4 ayes: Borngraber, Pero, Fullone, Gier, Kujawinski. 0 abstain 0 nays
#318 RESOLVED:  Dog Control Officer?s November 2011 Activity Report Be Accepted. 

Police Report: Summary: 3607 miles patrolled, fuel usage 332.8 gals, Arrests: Felony: 0, misdemeanor: 20, V&T: 244, Fire calls: 2, First Aid calls: 9, Accidents w/injury: 1, Accident w/no injury: 5, Criminal complaints:10, non criminal:16, Property checks: 253, Streetlights reported  out: 2. (Total complaints logged: 887). 
Supervisor Pero moved for adoption of the following #319 seconded by Councilman Gier. 4 ayes: Pero, Borngraber, Gier, Kujawinski,   0 abstain 0 nays
#319 RESOLVED: November 2011 Police Activity Report Be Accepted As Presented 

Thea Ells reported: SCB/RB: rentals: SCB 2x groups, RB: 1x groups, lights fixed @ Community Building, lights out @ Memorial Park, review of Alarm system and turned swipe cards over to Chief Hepkins. 
NOVEMBER TOWN CLERK CASH REPORT: Total monies rec?d: $1,126., Town share: $381.67, NYS Health:0 NY State Ag & Mkts: $14.00, NYS DECALS: $630.33, Security Deposits: $100.00
Councilman Borngraber moved for adoption of the following #320 seconded by Councilman Gier. 4 ayes:   Pero, Borngraber, Gier, Kujawinski. 0 abstain, 0 nays
#320 RESOLVED: November 2011 Town Clerk Activity Report Be Accepted As Presented  

The Planning Board report was read by Secretary, Lynda Ostrowski:   Dog law amendments tabled, 
Councilman Kujawinski moved for adoption of the following #321 seconded by Supervisor Pero. 4 ayes:  Gier, Pero, Borngraber, Kujawinski, 0 abstain, 0 nays
#321 RESOLVED: To Approve Planning Board Report of November 2011 meeting.

Supervisor Pero moved for adoption of the following #322 seconded by Councilman Borngraber. 4 ayes:  Gier, Pero, Borngraber, Kujawinski, 0 abstain, 0 nays
#322 RESOLVED: Accept Fire Reports: Farnham: October 21 EMS calls, November 15 EMS Calls & 6 Fire Calls

Acknowledgement of Dignitaries and Invited Guests: 
 
Town Hall dedication:
 Supervisor Pero announced the date for the Town Hall Dedication: December 17, 2011   

Public Address System:
Supervisor Pero stated it will be installed next Thursday
Professional Services settlement:
Councilman Kujawinski moved for the adoption of the following motion #323 seconded by Councilman Fullone. Roll Call Vote: Kujawinski - aye, Borngraber- aye, Gier ? aye, Pero-nay 3 Ayes, 1 Nays, 0 Abstains
#323 RESOLVED: Whereas the Brant town Board previously authorized retaining Nussbaumer & Clarke, Inc. for certain consulting and professional engineering services, and
Whereas a dispute has arisen relative to certain invoices for fees for professional services received from Nussbaumer & Clarke, and
Whereas as a result of negotiations, the Town of Brant and Nussbaumer & Clarke have agreed to settle their dispute relative to the billing invoices.
Now, THEREFORE, the Brant Town board does hereby authorize a onetime payment in the amount of $4,500.00 in full payment and satisfaction of all claims by Nussbaumer & Clarke against the Town of Brant for outstanding billing invoices for professional services rendered to date. 


Senior Report/Annual Financial 
Councilman Kujawinski reported that as the organization receives public monies they report on their expenditures every year dutifully, thank you to Mrs. Mirusso.
Councilman Borngraber moved for adoption of the following #324 seconded by Supervisor Pero. 4 ayes:  Gier, Pero, Borngraber, Kujawinski, 0 abstain, 0 nays
#324 RESOLVED: To accept Brant Farnham Senior Organization?s Annual Financial Report  

NEW BUSINESS:

 Refuse Contract
Supervisor Pero reported to the board that he received correspondence from Casella concerning a 4.75 % increase for the 2012 refuse contract after the budget was set. Pero spoke with John Beichner on December 6th and expressed his concerns; a meeting is set for Thursday December 15 with Mr. Beichner to discuss this issue. Attorney Trask Sr. advised the board that he had reviewed the contract and is in the process of updating the spec.?s for the bidding process which would need to be followed as Supervisor Pero expressed concern if the increase could not be resolved. 
Councilman Gier moved for adoption of the following #325, seconded by Councilman Kujawinski. Roll Call Vote: Gier ? aye, Kujawinski - aye, Borngraber- aye, Pero-aye 4 Ayes, 0 Nays, 0 Abstains 
#325 RESOLVED: Authorize Supervisor Pero to negotiate with Casella concerning the 2012 Refuse Contract increase notice received from Casella on December 15, 2012,  with Attorney Trask Sr. present and if the negotiations are not acceptable to Board members the  Town Clerk is so ordered to advertise for bids for the 2012 Refuse Contract at the earliest opportunity with a bid opening date set for January 6th, 2012 at 2:00 PM in the Town Clerks Office, Brant Town Hall, 1272 Brant North Collins Rd, Brant, NY.

LSYF Wrestling: 
Nothing to report
Organizational Meeting: 
Supervisor Pero announced the meeting will take place on Tuesday January 3, 2012 at 6:00 PM with Oath Taking, meeting, awards presentation, and refreshments following.
 Proclamations & Awards:
Supervisor Pero presented the following proclamations to be presented at the December 17th, 2011 Dedication Ceremony:
Proclamation presented by Supervisor Pero and seconded by Councilman Gier, Councilman Kujawinski, Councilman Fullone, and Councilman Borngraber.

 The Town of Brant would like to recognize
One of our own
Phyllis Ellis Krantz Willson 
A true Philanthropist and a very gracious and dedicated person, 
As a past teacher for 42 years and a resident of our Town we thank her for her generous contribution of $25,000 for the purchase of our 
New Town Hall. 
In Memory of her Father Joseph, Mother Catherine Ellis
Son James Burdick 
Brothers Anthony & Joseph Ellis
&
Sisters Rose Ann, Josephine, Lucille & Norma

The Town of Brant
Thanks you for the love you have shown all
Of our children and the residents of our town
through the years.

Proclaimed by the Brant Town Board

Least we never forget our Family Roots, Our School and Teachers & Our Community, as we bring closure to our school and a New Beginning and Era for our Town.

We dedicate this building to all of the children that have passed through these hallowed halls & the halls of all the schools in the Town of Brant.

Also to the children and future children of our community that will use this facility and still pass through these same halls, but now known as the Brant Town Hall.

The Brant Town Board proclaimed: That December 17th & 18th the town residents may take time to celebrate The Town of Brant days. On these two days all town residents may share their warm stories of our town with family, friends & neighbors so that the memories will live on forever.

So Proclaimed on December 13, 2011 at our December town board meeting by;

Town Supervisor- Leonard K. Pero, 
Councilmen ? Daniel Kujawinski, Jeffrey Gier, Vincent Fullone, Clark Borngraber
BUILDING COMMTTEE:
Chairman ? Judge Peter Gugino, Supervisor Leonard K. Pero, Councilman Vincent Fullone, Councilman Jeffrey Gier, Mayor Terry Caber, Town Clerk Thea Ells, Judge Linda Crouse, 
Police Chief Donald Hepkins, Code Enforcement Officer Gary Brecker, Assessor Joseph DeCarlo, Joseph Gardyjan, David Taylor, Clark Phillips, Tish Brady, Carmen Vacco
Proclaimed by the Brant Town Board

Recognitions:

Recognition presented by Supervisor Pero and seconded by Councilman Gier, Councilman Kujawinski, Councilman Fullone, and Councilman Borngraber.
 In appreciation for your 33 years of loyal service to the
Residents of the Town of Brant.
THE
Brant Town Board
Recognizes
John ?Jack? Giacchino 
Town of Brant 
Police Officer
Chief
Detective 
1978 -2011
Your professionalism, dedication and courtesy will always be remembered. This award given by order of the Brant Town Board as we and the town Salute and Thank you for your outstanding service!

Recognition by the Brant Town Board
In appreciation for your 25 years of loyal service to the
Residents of the Town of Brant.

THE
Brant Town Board
Recognizes
Ron Raczka 
Town of Brant Police Officer 
1986 -2011
Your professionalism, dedication and courtesy will always be remembered. This award given by order of the Brant Town Board as we and the town Salute and Thank you for your outstanding service!
Recognition by the Brant Town Board


Supervisor Per moved for adoption of the following #326 seconded by Councilman Borngraber. 4 ayes:  Gier, Pero, Borngraber, Kujawinski. 0 abstain, 0 nays
#326 RESOLVED: To Approve pre payment of vouchers for refreshments for Dedication and Organizational 

Roof Top Heating/Air Units @ Town Hall:
Councilman Gier moved for adoption of the following #327, seconded by Councilman Borngraber. Roll Call Vote: Gier ? aye, Borngraber- aye, Kujawinski - aye, Pero-aye 4 Ayes, 0 Nays, 0 Abstains 
#327 RESOLVED: To approve the Supervisor to sign maintenance agreement with Northeast Mechanical for the roof top heating units on the Town Hall for one year in the amount of $2,300.00.

Miscellaneous:

Committee Reports:




Town Board reports:
Councilman Gier expressed his Thanks to Councilman Kujawinski and Councilman Fullone and Town Clerk, Thea Ells for the years of service to the Town. Councilman Borngraber agreed and thanked those named also.

Councilman Kujawinski stated his disappointment with the (according to the SUN?s coverage) tax increase being blamed on the fire & emergency services- if we used the fund balance wouldn?t have had an increase. He then reviewed his involvement through the years and was happy to have been involved with many aspects of town government especially recently reestablishing our Police Dept. and spoke on regret that more people do not get involved in town issues, at least attend meetings and be aware and his hope that the new board will work together for the Town. God Bless and Thanks to all. 

Supervisor Pero stated that he had an issue with (according to SUN), Kujawinskis?
dollar amount of  fund balance, this figure is not correct, he stated the balance would probably be wiped out by the end of the year. Pero said the companies have had an increase every year and the top ten paid companies in Erie County. 
Borngraber agreed that the news media doesn?t get information correct most of the time. 

Pero reported One Ton Highway truck will be arriving next February. Cain Rd will be open end of week, and he is working on the S.I.T. program as NFTA is possibly shutting down service on Rt. 62 and other area service by April.
Pero reported that he hoped to have historical meetings every third Wednesday of the month with Town Historian Patti Friend. He then thanked Councilman Dan Kujawinski for all his services to the town as councilman and thanks to Councilman Vincent Fullone, too and keep him in our prayers due to his illness, and thanked Thea Ells, Town Clerk for her 12 years of service and said she put her heart and soul into her work for the Town.  

PRIVILEDGE OF THE FLOOR:
Correspondence:
Thank you from Mayor George of North Collins for the Fire Contract extension. 





APPROVAL OF ABSTRACT
Councilman Gier moved for adoption of the following #328, seconded by Councilman Fullone. Roll Call Vote: Gier ? aye, Fullone ? aye, Borngraber- aye, Kujawinski, Pero-aye,   5 Ayes, 0 Nays, 0 Abstains 
#328 RESOLVED: TO APPROVE ABSTRACT 12 of 2011 AS FOLLOWS:
*Prepaid and unpaid as of December13, 2011

Gen Fund Town wide Vouchers Pd. #500-510, unpd#511-565 Totaling: $72,539.28
Gen Fund ? Part Town Voucher pd #34: unpd. #35-42  Totaling: $11,275.52 
Highway T.W. Vouchers unpd 92, Totaling: $ 
Highway P.T. Vouchers, pd.,#92-94 , unpd #95-106 Totaling: $14,240.82 
Fire Protection: Vouchers:   Totaling: $ 
Street lighting: Voucher 12 unpd: $ 2,698.16
Lotus Bay Sewer Dist 1: Vouchers: 
Brant Farnham Sewer Dist: Voucher #2: $11,450.00
Brant Water Dist 1: Voucher 
Special Grant Fund: Vouchers 
Capital Projects: Vouchers pd., none, unpd #56-59, Totaling: $11,839.00
General Town Wide Payroll 9/25/11-10/22/11 Totaling: $ 49,616.80 
General Part Town Payroll 9/25/11-10/22/11 Totaling: $ 976.16
Highway Payroll TW 9/25/11-10/22/11 Totaling:$ 8107.53
Highway Payroll PT 9/25/11-10/22/11 Totaling: $ 


Councilman Borngraber motioned to adjourn the Town Board, 329, seconded by Councilman Fullone.  5 ayes: Borngraber, Fullone, Pero, Kujawinski, Gier. 0 abstain 0 nays
#329 RESOLVED: December 13 Town Board Meeting adjourned at 9:35 PM in Memory of Walter Gier past Deputy Supervisor and Councilman in the Town of Brant 

Respectfully submitted,

Thea A. Ells, Brant Town Clerk