Minutes of the Regular Town Board Meeting held on Tuesday December 9th , 2008, at 7:30 PM, with a bid award for CDBG Route 5 & 20 Study @1294 Brant NC Road, Brant, New York at the Brant Town Hall.
Present: Supervisor Leonard Pero, Councilman Roseann Turner, Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Councilman Vincent Fullone, Attorney John Grennell, Recording Secretary: Town Clerk Thea Ells
Record of Sign In: James Utley, Lee Brunelli, Jean Brunelli, Joseph Giambrone, Kirk Ritz, Charles Arrigo, John Arrigo, Brian Rott, George Cordia Jr., Brian Campbell; SUN.
Workshop was held before meeting and was attended by Pero, Kujawinski, & Fullone at 7:00 pm. Turner arrived 7:20, and Gier @ 8:10.
The meeting was called to order by Supervisor Pero at 7:30 PM with a pledge to the flag. Thea Ells verified notice in the legal paper was published with a list of meetings for the year.
Councilman Kujawinski moved for adoption of the following 340, seconded by Councilman Fullone, 4 ayes: Pero, Turner, Kujawinski, Fullone 0 nays
340: RESOLVED: TOWN BOARD MEETING MINUTES FROM NOVEMBER 6 BUDGET MEETING ARE APPROVED
Supervisor Pero moved for adoption of the following 341, seconded by Councilman Fullone 4 ayes: Pero, Turner, Kujawinski, Fullone, 0 nays
341: RESOLVED: TOWN BOARD MEETING MINUTES FROM NOVEMBER 12 ARE APPROVED with corrections to page 156,160 verified corrected by Clerk TAE
Councilman Kujawinski moved for the adoption of following 342. Motion was seconded by Councilman Fullone. 4 ayes: Pero, Turner, Kujawinski, Fullone 0 nays
342: RESOLVED SUPERVISORS OCTOBER 2008 FINANCIAL REPORT IS APPROVED
Councilwoman Turner moved for adoption of the following 081112-343 seconded by Councilman Fullone. A roll call vote was taken: Turner-Aye, Fullone Aye, Kujawinski-aye, Pero-aye, 4 ayes, 0 nays
343: RESOLVED TO APPROVE THE FOLLOWING BUDGET MODIFICATIONS RECOMMENDED BY THE TOWN ACCOUNTANT
Budget Dec From/ Appropriation Amount
Modification (Inc) To Code Account Description Account Object Over Budget
General Fund Townwide(A)
$ 502.00 from A1990.4 Continget Account
$ (502.00) to A1355.4 Assessment- Contr Expend $ 501.69
$ 170.00 from A1990.4 Continget Account
$ (170.00) to A3510.4 Control of Dogs Contr Expend $ 170.00
$ 1,384.00 from A9040.8 Workmens Compensation Contr Expend
$ (1,384.00) to A9015.8 Police & Fire Retirement System Contr Expend $ -
To provide for the payment due of $6,884.00
$ 4,092.00 from A3120.1 Police Chief Pers Serv
$ (4,092.00) to A3120.11 Police/Inspectors/Guards Pers Serv $ -
To transfer the remaining unexpended budget.
$ 191.00 from A1990.4 Continget Account
$ (191.00) to A7270.4 Band Concerts- Contr Expend $ 190.68
General Fund Part Town(B)
$ 3,500.00 Increase B599 Appropriated Fund Balance
$ (3,500.00) Increase B960 Appropriations
$ (3,500.00) Increase B9901.9 Transfer to Other Funds
(1) To provide additional funds to the Highway Part Town Fund to help cover the
cost of materials used to complete road repairs..
.
Highway Fund Part Town(DB)
$ 3,500.00 Increase DB510 Estimated Revenues
$ (3,500.00) Increase DB960 Appropriations
$ 3,500.00 Increase DB5031 Interfund Transfers
$ (3,500.00) Increase DB5110.1 General Rpairs Pers Serv
(1) To increase the 2008 Budget for additional funds received from the General Part
Town Fund to defray the costs of materials for the road work completed.
In addition, this interfund transfer and the anticipated sales tax revenue for the
4th quarter should provide an adequate fund balance to cover the 2009 Budget.
Budget Dec From/ Appropriation Amount
Modification (Inc) To Code Account Description Account Object Over Budget
$ 3,150.00 from DB5112.1 Permanent Improvements- Pers Serv
$ (3,150.00) to DB5110.1 General Rpairs Pers Serv $ 11,163.10
$ 1,854.00 from DB9040.8 Workmens Compensation
$ (1,854.00) to DB9060.8 Hospital & Medical Insurance $ 2,692.51
The above budget modifications are a revision of the September budget changes
which were not implemented due to the additional expenses charged to this Fund
for the month of October.
Therefore, this Fund (DB) will exceed its total 2008 budgeted appropriations
by approximately $33,430. This situation resulted from the increased costs of
materials due to the unanticipated economic conditions that occurred after the
2008 Budget was adopted in November of 2007.
Fire Protection District(SF)
SF9040.8 Workmen's Compensation $ 1,271.00
There is no line item unexpended budget to provide for a budget modification
to cover this over budget amount. However, it is anticipated that the fund balance
at year end will fund this additional expense and not affect the 2009 Budget.
Water District #1
$ 1,250.00 from SW1440.4 Engineer Contr Expend
$ (1,250.00) to SW8340.4 Transmission/Distribution Contr Expend $ 1,250.00
Councilman Kujawinski moved for adoption of the following 344, seconded by Councilman Turner 4 ayes: Pero, Turner, Kujawinski, Fullone 0 nays
344 RESOLVED: OCTOBER TOWN CLERK?S FINANCIAL RECONCILIATION REPORT BE ACCEPTED
Councilman Turner moved for adoption of the following 345, seconded by Councilman Fullone. 3 ayes: Pero, Turner, Fullone, 1 abstain: Kujawinski, 0 nays
345: RESOLVED: OCTOBER 2008 JUSTICE GUGINO FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED
Councilman Turner moved for adoption of the following 346, seconded by Councilman Fullone. 3 ayes: Pero, Turner, Fullone, 1 abstain: Kujawinski, 0 nays
346: RESOLVED: OCTOBER 2008 JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED
NO OCTOBER 2008 CODE ENFORCEMENT OFFICER REPORT
Kujawinski reported that he received a call from a resident with a drainage problem. Pero stated Brecker was responding and later Brecker arrived reported to the board on the issue, stating not a code issue.
Councilman Kujawinski moved for adoption of the following 347, seconded by Councilman Fullone. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
347: RESOLVED: SEPTEMBER & OCTOBER DOG CONTROL OFFICER?S ACTIVITY REPORT
Kujawinski stated no correspondence with DCO and has had calls with concerns and doesn?t get follow up.
Councilman Fullone moved for adoption of the following 348, seconded by Supervisor Pero 4 ayes: Pero, Turner, Kujawinski, Fullone 0 abstain
348: RESOLVED: NOVEMBER POLICE ACTIVITY REPORT BE ACCEPTED
Pero reported more shifts on weekends, and burglary arrest.
Supervisor Pero moved for adoption of the following 349, seconded by Councilman Kujawinski. 4 ayes: Pero, Turner, Kujawinski, Fullone 0 nays
349: RESOLVED: NOVEMBER TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED
Councilman Kujawinski moved for adoption of the following 350, seconded by Councilman Fullone. 4 ayes: Pero, Turner, Fullone, Kujawinski 0 nays
350 RESOLVED: TO ACCEPT RESIGNATION OF JEANETTE MIRUSSO AS DEPUTY CLERK
T. Ells asked for board to consider her request to close her office on Wednesdays as it is only open for three hours.
Councilman Turner moved for adoption of the following 351, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Turner, Kujawinski, Fullone 0 nays
351: RESOLVED: NOVEMBER PLANNING BOARD REPORT TO THE BOARD BE ACCEPTED
Acknowledgement of Dignitaries and Invited Guests: NONE
8:00 BID AWARD Route 5 & 20 EDS CDBG
Brant Farnham Economic Development Committee: L. Pero, V. Fullone, (T. Caber, T. Krtanjek (not present), met with county representatives from Planning & Development and used a consultant rating sheet and the recommendation from the group is to use Wendel Duchscherer with a bid of $20,000.00 which was the same bid as from Stuart Brown and Peter J. Smith.
Supervisor Pero moved for adoption of the following 081112-352 seconded by Councilman Fullone. A roll call vote was taken: Pero-aye, Fullone Aye, Kujawinski-aye, Turner-Aye, 4 ayes, 0 nays
081209-352 RESOLVED: TO AWARD ROUTE 5 & 20 ECONOMIC DEVELOPMENT STUDY CDBG PROJECT TO WENDEL DUCHSCHERER @ $20,000.00.
OLD BUSINESS:
Justice Audit: Supervisor received letter of commitment from BS&P
(Brock, Shicter & Polcoff); Thea Ells verified that she received a phone call from an associate from BS&P and they would be sending correspondence with a request of materials (records) they will need available for the audit and possible dates to meet.
Brant School: Supervisor Pero read from a statement which was adopted by resolution and Councilman Kujawinski read a letter and requested that it be put in the minutes:
December 7, 2008: Members of the Evans/Brant School Board, Administrators of the Evans/Brant School District, Dear Friends, Neighbors, and Educators:
This public communication is written to express my sincere desire to see the Brant School remain open, viable and remain a dynamic part of the Evan/Brant School District. This school is much more than a building. It provides a unique educational environment for its students and faculty, as well as being a focus of community activity and pride. It should be kept functioning, maintained and properly funded for the foreseeable future.
Some of you have made comments that have been published in the local media stating that you have to consider the ?entire district? and that ?Brant residents have to realize it?s not just about them?. I disagree strongly. Brant is part of the entire district and its children, their parents, and concerned taxpayers must be considered. This is only basic fairness and not domination of the minority by the majority for short term solutions to complex problems.
For Brant to grow and expand its residential tax base, a local school should be the first priority. District decision makers, the board, and administrators should make every effort to provide Brant?s children with the best local education experience possible, now and in the future.
Thank you, Sincerely, Daniel B. Kujawinski, Ph.D., (Signed), Councilman, Town of Brant
There was discussion, Pero read letter from Jamie Utley and there was announcement of School Board meeting on Tuesday December 16th, where a decision is to be made concerning the Brant School.
The following resolution #081209-353 was offered by Councilman Kujawinski of the Town of Brant, who moved for its adoption, seconded by Councilman Turner to wit; Roll Call Vote: Kujawinski- aye, Turner - aye, Fullone ? aye, Pero-aye, Gier ? aye, 5 Ayes, 0 Nays, 0 Abstains
Whereas November 12th, 2008 the Brant Town Board duly adopted
Resolution # 081112-330 stating:
?The Brant Town Board absolutely hereby opposes the closing of the Brant Elementary School?
And therefore on this day Tuesday December 9th, The Brant Town Board hereby reaffirms their commitment to the residents of our town and absolutely reaffirms resolution # 081112-330.
Therefore the Brant Town Board does not want to negotiate in any manner with the Evans Brant School Board for the purpose of purchasing the property. The Brant Town Board also makes it very clear that the Evans Brant School District will be responsible for the clean-up and eventual demolition of the school if the School Board decides to close the Brant Elementary School and it remains idle as did the Farnham Elementary School. Now therefore be it resolved as follows: 1) Certified copies of this resolution be forwarded to Superintendant of Schools Jeffrey Rabey, Evans Brant School Board President Cynthia Latimore, and members of the Evans Brant School Board.
Fire & Ambulance Contracts:
Supervisor Pero reported that the following resolution 081014-304 stating: RESOLVED TO FINALIZE 3 FIRE CONTRACTS AT A RATE OF 3.5% PER YEAR FOR 3 YEARS, from October had to be revised:
The following resolution #081209-354 was offered by Councilman Kujawinski who moved for its adoption, seconded by Councilman Turner to wit; Roll Call Vote: Kujawinski- aye, Turner - aye, Fullone ? aye, Pero-aye, Gier ? aye, 5 Ayes, 0 Nays, 0 Abstains
081209-354 RESOLVED TO APPROVE THREE (3) SEPARATE , THREE (3) YEAR FIRE CONTRACTS AS FOLLOWS FOR 2009, 2010, 2011-
1) BRANT FIRE CO. WILL RECEIVE $104,430.00 EACH YEAR FOR THREE YEARS,
2) FARNHAM FIRE DEPT.(VILLAGE OF FARNHAM) WILL RECEIVE $104,430.00 EACH YEAR FOR THREE YEARS AND
3) NORTH COLLINS FIRE DEPT. WILL RECEIVE $ 10,443.00 EACH YEAR FOR THREE YEARS
Supervisor Pero reported that the following resolution 081014-305 stating: RESOLVED TO FINALIZE 2 AMBULANCE CONTRACTS AT A RATE OF 5% PER YEAR FOR 3 YEARS, from October had to be revised:
The following resolution #081209-355 was offered by Supervisor Pero who moved for its adoption, seconded by Councilman Turner to wit; Roll Call Vote: Pero-aye, Turner - aye, Gier ? aye, Fullone ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
081209-355 RESOLVED TO APPROVE TWO (2) SEPARATE, THREE (3) YEAR AMBULANCE CONTRACTS AS FOLLOWS
1) FARNHAM FIRE DEPT. (AMBULANCE SERVICE) VILLAGE OF FARNHAM) WILL RECEIVE $37,140.00 IN 2009; $38,997.00 IN 2010; $40,947.00 IN 2011
2) NORTH COLLINS AMBULANCE SQUAD (TOWN OF NORTH COLLINS) WILL RECEIVE $4,130.00 IN 2009; $4,368.00 IN 2010; $4,586.00 IN 2011
CDBG Senior Recreation Building
Supervisor Pero reported that the CDBG Award Committee visited the site and reviewed the grant and plans for the building/gym. The committee will contact us, as customary, after all sites and grant applications have been reviewed.
NEW BUSINESS:
Organizational Meeting Date:
Supervisor Pero set the date of the Organizational Meeting for Tuesday January 6th @ 6:30 PM
Proposed Local Law #2 Veterans Cold War Tax Exemption
Attorney Grennell reported that the Town Board held a public hearing in January 2008 but legislation enabling passage was not in place yet at the state and county level. The legislation has been passed and therefore the board should hold another public hearing to adopt this law.
The following resolution #081209-356 was offered by Supervisor Pero who moved for its adoption, seconded by Councilman Gier to wit; Roll Call Vote: Pero-aye, Gier ? aye, Kujawinski- aye, Fullone ? aye, Turner - aye 5 Ayes, 0 Nays, 0 Abstains
081209-356 RESOLVED TO SET DATE FOR PUBLIC HEARING FOR PROPOSED LOCAL LAW NUMBER 2 OF THE YEAR 2008, ENTITLED A LOCAL LAW FOR ?VETERANS EXEMPTION ? COLD WAR?, FOR TUESDAY JANUARY 13TH, 2009 THIS PROPOSED LOCAL LAW WILL BE ENTITLED PROPOSED LOCAL LAW #1 OF 2009
Reports of Committees and Town Board Reports:
Equipment Inventory/ Fuel Cards: Kujawinski & Fullone continuing work on bar coding equipment and signs for equipment. Gier commented on ID cards.
Town Hall Phone System: Gier & Kujawinski ? still getting quotes, Ells reported that one company (Ronco) has been at the hall, DFT, and Time Warner need to be contacted. Kujawinski stated that Clerks office has been having issues with billing from DFT.
Parks: nothing new on concession stand ? new signs in park and Ells ordered signs for tennis courts stating no skateboarding, no rollerblading on court surface, they will be put up.
Police: 24 hour coverage on weekends going well and we may have funding to get a new plate reader.
Project updates:
Park Expansion Phase II: Pero requested approval for purchase of a gazebo and pavilion from Amish Village for approximately $3,000.00 and $1,500.00: Pero spoke with town accountant and verified that there is about $11,000.00 left in park account.
The following resolution #081209-357 was offered by Councilman Turner who moved for its adoption, seconded by Supervisor Pero to wit; Roll Call Vote: Turner - aye, Pero-aye, Gier ? nay, Kujawinski- aye, Fullone ? aye,
4 Ayes, 1 Nays, 0 Abstains
081209-357 RESOLVED TO PURCHASE A GAZEBO AND PAVILION FROM AMISH VILLAGE FOR APPROXIMATELY $3,000.00 AND $1,500.00: TO BE DELIVERED IN THE SPRING.
Pero spoke on Heritage trees and how they are the saplings with a plaque stating history of tree and is looking into viability in the park.
Water Project: waiting on North Collins
CDBG Route 5 & 20 study: Study will begin shortly
Wind Energy: Survey to begin shortly
Town Hall Committee: Waiting on feasibility study, then will meet.
Drainage: some residents not favorable to allowing drainage on property and Pero stated discussing drainage to reservation but Giambrone stated would not work due to pitch of land.
Town Board Reports:
Turner:
Kujawinski: vouchers- departments need to adhere to deadline ? questioned CRA as voucher not itemized ? no detail ? Pero will talk to CRA
Senior Recreation: Pero read minutes from meeting with a list of 2009 officers
Pero: Would like to sponsor a dinner of appreciation for trainee workers from Local 17 who did work and present them with a plaque of appreciation.
Pero: Water Tower has been leaking and village states engineer is working on problem
Pero: will schedule a point reduction class in February
Pero: ID cards ? has cards for police officers and cost goes to DARE program ? can be done for other departments ? some employees have asked for town shirts ? employees could purchase shirt Town have name and emblem put on Pero asking for interest from board.
Senior Community Building: Pero states we need new door as in summer it is cumbersome and is getting ruined. Gier states needs to have release as public use. Call Door Company to look at.
Correspondence and Meetings/miscellaneous information
Pero:
Rural Transit Christmas Luncheon Friday December 12th @ Senior Community Building all town council and employees are invited.
Time Warner correspondence
Grant award letter received for $ 2,417.00 for Traffic Enforcement
E-mails received from Veterans organization for Toys for Christmas program,
Claims examiners needed, Disabled Vet?s doing a coat, winter wear drive.
Supervisor Pero read a list of meetings he attended.
Lake Shore Boys & Girls Club: need a volunteer to represent Brant
Kujawinski: Asked the attorney to research: What becomes of unused, but appropriated, funds at the end of a fiscal year?" Question involves other departments and organizations that receive town monies. For instance, if a group received $10K in one year, had $1K left and the next year funding was another $10K, the remaining $1K would carry over. Therefore the town would only have to provide $9K in new money for the 2009 year.
Councilman Turner moved for adoption of the following 358, seconded by Councilman Gier. Roll Call Vote: Turner ? aye, Gier ? aye, Fullone ? aye, Kujawinski- aye, Pero-aye,. 5 Ayes, 0 Nays, 0 Abstains
081209 ? 358 RESOLVED TO APPROVE ABSTRACT 12 0F 2008 FOR PAYMENT
General Fund Town wide
Vouchers prepaid 452-462 Unpaid 463-484
Totaling: $32,646.53
General Fund ? Part Town No Pre Paid
Unpaid Voucher 29
Totaling: $1,500.00
Highway Fund Town wide
Vouchers prepaid 96-98
Vouchers unpaid 96-104
Totaling: $9,022.94
Highway Part Town
Voucher prepaid 44 Unpaid: None
Totaling: $2,903.00
Street Lighting
Voucher prepaid 11
Totaling: $2,495.74
2008 Capital Project Park Expansion
Voucher: Prepaid None, Unpaid 32-36
Totaling: $568.10
Highway Payroll PT $0.00 10/26 to 11/22/08
Highway Payroll TW 10/26 to 11/22/08 Totaling: $8,286.30
General Town wide Payroll 10/26 to 11/22/08 Totaling $26,621.21
General Part Town Payroll 10/26 to 11/22/08 Totaling $554.40
Recognized Privilege of the Floor:
Correspondence rec?d ? read letter from Barefoot - Refuse collection- no specific question
Correspondence rec?d ? read letter from Debra Ritz concerning sex offender on Mile block asking for current procedure of notification to residents, schools, etc. K. Ritz asked what procedure is? ? Pero stated what they did & doesn?t know how we would notify residents.
J. Utley referred to earlier in meeting
Lee Brunelli reported that street lights are out at park ? complaint of reports in SUN are not specific enough. Jean Brunelli commented that people should come to meetings
Councilman Fullone moved for adoption of the following 339, seconded by Councilman Gier. 5 ayes: Pero, Turner, Gier, Fullone, Kujawinski 0 nays
339 RESOLVED: TO ADJOURN THE DECEMBER 9th, 2008 MEETING OF THE BRANT TOWN BOARD AT 9:05 PM
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
