Pg 119 Minutes of the regular Town Board Mtg of the Brant Town Board held on turned July 10, 2007 at 7:30 pm at the bth 1294 Brant North Collins Rd, Brant, NY 14027. There were present: Supervisor Leonard K. Pero Councilman John Arrigo Councilman Jeffrey W. Gier Councilwoman Roseann Turner Councilman John J. Chiavetta Recording Secretary: Town Clerk Thea A. Ells Attorney William J. Trask Record of Attendance by sign in: Gary Brecker, Martin Rosiek, Lee Brunelli, Jean Brunelli, Michele Kujawinski, Dan Kujawinski, Tish Brady, Peter F. Loretto, Charlie & Laurie Greiner, Brenda Giacchino, Joseph Gardyjan, Diane Czyz, Joseph Gardyjan, Brian Campbell, Brian Kauzala, George Cordia Jr., Kirk Ritz, Dave Gierlinger, Christine Gierlinger, Brian Campbell, Chad Kaczmarek, Sherman Reickart Jr., Linda Crouse. Clerks Note: The Board held a workshop on July 5th with Gier, Chiavetta, Arrigo in attendance no actions were taken and no clerk was in attendance for note taking ? there was general discussion concerning some of the agenda items for July?s meeting. The meeting was called to order at 7:30 PM with a pledge to the flag led by Supervisor Pero. Councilman Gier moved for the adoption of motion 136-07, seconded by Councilwoman Turner 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: JUNE 7 WORK SESSION RECORD, AND JUNE 12 2007 TOWN BOARD MINUTES ARE APPROVED Councilman Arrigo moved for the adoption of motion 137-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: SUPERVISORS MAY 2007 FINANCIAL REPORT IS APPROVED Councilman Arrigo moved for the adoption of motion 138-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO ACCEPT THE FOLLOWING BUDGET MODIFICATIONS FOR THE MONTH ENDING MAY 2007 $ 598.00 from A1990.4 ContingentAccount $(598.00) to A1410.2 Town Clerk-Equip/Cap Out For purchase and installation of new computer. $ 423.00 from A1990.4 ContingentAccount $ (423.00) to A7550.4 Celebrations-Contr Expend $26,260.00 Increase DA510 $(26,260.00) Increase DA960 Appropirations $26,260.00 Increase DA2665 Sale of Equipment $(26,260.00) Increase DA9950.9 Transfers to Capital Projects Fund To increase the 2007 budgeted revenues and expenditures for the sale of the Town's Backhoe. $ 26,260.00 Increase H510 EstimatedRevenues $(26,260.00) Increase H960 Appropirations $ 26,260.00 Increase H5031 Interfund Transfers $(26,260.00) Increase H5130.2 Highway-Equipment To increase the 2007 budgeted revenues and expenditures for the purchase of a new Backhoe. Councilman Gier moved for the adoption of motion 139-07, seconded by Councilwoman Turner 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: TOWN CLERKS & COLLECTOR OF TAXES JUNE 2007 FINANCIAL RECONCILIATION REPORTS (3) BE ACCEPTED Councilman Gier moved for the adoption of motion 140-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: JUSTICE GUGINO?S JUNE 2007 FINANCIAL RECONCILIATION REPORTS (2) BE ACCEPTED Councilman Arrigo moved for the adoption of motion 141-07, seconded by Councilman Gier 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: JUSTICE RITZ?S JUNE 2007 FINANCIAL RECONCILIATION REPORTS (2) BE ACCEPTED Councilman Arrigo moved for the adoption of motion 142-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: JUNE 2007 CODE ENFORCEMENT OFFICER?S REPORT BE ACCEPTED AS READ Councilman Gier moved for the adoption of motion 143-07, seconded by Councilman Chiavetta 5 Ayes Pero, Arrigo, Gier, Turner, Chiavetta 0 Nays ADOPTED: JUNE 2007 DOG CONTROL OFFICERS REPORT BE ACCEPTED AS READ Councilwoman Turner moved for the adoption of motion 144-07, seconded by Councilman Chiavetta 5 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: JUNE 2007 TOWN CLERKS REPORT TO THE BOARD BE ACCEPTED AS READ Councilman Arrigo moved for the adoption of motion 145-07, seconded by Councilman Gier 5 Ayes Pero, Gier, Arrigo, Turner, Chiavetta 0 Nays ADOPTED: JUNE 2007 BRANT PLANNING BOARD REPORT BE ACCEPTED AS READ Clerks note: All Department Reports are attached in Minute Book; financial reports are filed in respective offices. Supervisor Pero read a prepared statement concerning Town Board meetings and an apology for his previous outburst. Pero stated that the Town Board is working on filling the position of Chief of Police and that the police officers will continue to serve the community. Acknowledgment of Visitors was opened by Supervisor Pero. Christine Gierlinger: Read a letter from Erie County Dept of Personnel to Supervisor Pero concerning classification of employees (police dept), meeting civil service requirements, and creation of job titles, competitive and non competitive issues. Kirk Ritz: Spoke on Officer in Charge issues, quotes in paper, and opinions from other departments, coverage when car is out of town, Brants assist with DWI stop and financial charges to the program, and representation of Chief. Lee Brunelli: complaint of speeders in the Town Park including buses, suggested vehicles closed off to park. Dave Gierlinger: Questioned presentation of Dave Hock as Chief of Police and or Officer in Charge and expressed his opinion concerning resignations. Tish Brady: commended all involved with the Brant Summerfest as the Town was well represented and well attended. George Castle questioned the next step with his rezoning request Attorney Trask answered that a date for a Town Board Public Hearing would be set. George Cordia questioned the rate of pay for Officer Hock. Pero: will discuss wages later Councilman John Arrigo wished to comment that he was not present for the 2007 re-appointment of Officer in Charge and that he did not vote in favor, and he did not agree with how things were done. Acknowledgment of Visitors was closed. OLD BUSINESS: Project Reviews: Pero reported that the Surfside water extension is complete and the lines have been approved. Hookup. Clean up will be done next week. Economic Development ? the meeting on June 20th was very productive with Brant, Farnham. Seneca Nation, and Erie Co. Planning & Dev. concerning Route 5 Corridor. Senior Community Building: The awarded contractor just needs to complete kitchen and patio. Memorial Park: Still needs the fence, and there will be a dedication date set Town Park: Playground set was installed with the help and cooperation of the Highway Dept. Vince Fininzio Sr., Brian Rott, Erika Lothren, Brian and Eugene Kauzala this was coordinated by John Chiavetta. The new land still needs to be leveled and seeded and the trail marked out. Bids received for tennis/basketball combo court. The Board had advertised for bids and received none by bid opening date and acquired bids from B&B Blacktop Enterprises, and American paving. Discussion amongst Board members included concern over blacktopping this year and sealing next year and Turner questioned the cost verses the use of the area, and the combination of the areas. Councilman Arrigo moved for the adoption of resolution 146-07, seconded by Councilman Chiavetta 3 Ayes Pero, Arrigo, Chiavetta 1 Nays Turner 1 Abstains Gier ADOPTED: TO ACCEPT QUOTE FROM LATAK BLACKTOPPING INC. FOR THE LOW BID OF $20,975.00 FOR THE RESURFACING OF THE TENNIS AND BASKETBALL COURT COMBO AND PURCHASE AND PLACEMENT OF POLES AND FENCES WITHOUT THE LEVELOR, SEALER, AND STRIPES Sidewalks: Supervisor Pero read quotes amounts from the following: American Paving @ $13,200.00, Latak Blacktopping @ $8,750.00, and B&B Blacktop Ent. Inc @ $8,700.00 Councilman Arrigo moved for the adoption of resolution 147-07, seconded by Councilwoman Turner 4 Ayes Pero, Gier, Arrigo, Turner, Chiavetta 0 Nays 1 Abstain Gier ADOPTED: TO ACCEPT QUOTE FROM B&B BLACKTOP FOR THE BID OF $8,700.00 FOR 275-300 Ft OF SIDEWALK ON BRANT ANGOLA RD School Closing Update: Pero attended a meeting on June 27th with the School Board and stated that he informed them in length of the future plans in Brant and Farnham and they basically told him that they would not make any decision of school closing for three years. NEW BUSINESS: Supervisor Pero read a resolution supporting Mary Lou Raths? reform of school taxes which would result in elimination of school property taxes and discussion followed with a vote to table the resolution of support and allow the Board members to research the Senate Bill NY-STOP Bill S-6119. Councilman Chiavetta moved for the adoption of resolution 147-07, seconded by Councilman Arrigo 5 Ayes Pero, Gier, Arrigo, Turner, Chiavetta 0 Nays ADOPTED: TO TABLE RESOLUTION IN SUPPORT OF NY-STOP BILL S-6119 Reports of Committees: MOU SW Regional Water: The Board members reminded those in attendance of the surveys and to return them by July 20th for the informational meeting on Wednesday NOT Monday July 25th at the Brant Senior/Community Bldg. The board also agreed to a hydraulic report last meeting. Energy: Pero set a date for September 22 11AM ? 6PM for Brant to host an Energy Fair @ the Brant Fire Hall. Vendors will be in attendance for demonstrations, solar installation, wind mills, power point presentations etc. Chiavetta reported that next month he will have a final report for the technology/computer purchase. Recreation has 130 registered children. Pero: Thank you for Brant Summer Fest to: Rural Transit ? vendors - Marcy and her crew, everyone who helped and the growers who brought strawberries. Next year may be a two day event. Pero Thanks to Carmen Vacco and Peter Gugino for their donation of strawberries and help with the Erie County Government meeting on June 21st First Concert is this Monday the 16th @ the Brant Town Park @ 7:00 PM with Switchback APPROVAL OF ABSTRACT Councilman Chiavetta moved for the adoption of resolution 148-07, seconded by Councilwoman Turner 5 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: TO APPROVE THE JULY ABSTRACT AS SHOWN FOR PAYMENT General Fund Town wide Vouchers 246-304 VOID 301 Totaling: $25,377.31 tae Street lighting Voucher 6 Totaling: $2,029.06 General Fund ? Part Town Vouchers 11 & 12 Totaling: $ 11,452.50 Capital Project Water Dist. Vouchers 5 Totaling: $42.84 Highway Town wide Vouchers 47-57 Totaling: $4,626.00 Fire Protection Voucher 2 & 3 Totaling $86,301.78 Highway Part Town Voucher 6 & 7 Totaling: $4,047.27 Capital Project 2007 Fund Voucher 1 Totaling: $57,382.00 General Town wide Payroll-ending 06/29/07 Totaling: $25,290.54 General Part Town Payroll ending 6/29/07 Totaling;$582.72 2007 Capital Park Project Voucher 7 & 8 Totaling: $2,650.00 Highway Payroll ending 6/29/07 Totaling: $6,938.17 Special Fund Grant Memorial Park- CDBG Voucher # 15 & 16 Totaling: $420.85 Councilwoman Turner moved for the adoption of resolution 149-07, seconded by Councilman Arrigo 5 Ayes Pero, Gier, Turner 0 Nays ADOPTED: FOR THE BOARD TO GO TO EXECUTIVE SESSION @ 8:20 PM TO DISCUSS PERSONNEL MATTERS Pero announced to those present that the Board would not be conducting any business after the executive session Councilman Chiavetta moved for the adoption of resolution 150-07, seconded by Councilman Gier 5 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: FOR THE BOARD TO CLOSE THE EXECUTIVE SESSION @ 9:20 PM Councilman Arrigo moved for the adoption of resolution 151-07, seconded by Councilman Gier 5 Ayes Pero, Gier, Turner, Chiavetta 0 Nays ADOPTED: ADJOURN THE JULY 10 REGULAR BOARD MEETING AT 9:21 PM. Respectfully submitted Thea A. Ells Brant Town Clerk