Minutes: Town Board Meeting Tuesday June 8, 2010 at 7:30 PM, Brant Town Hall			
Present: Supervisor Leonard Pero, Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Councilman Vincent Fullone Councilman Clark Borngraber, Town Clerk Thea Ells,
ABSENT: Attorney William J. Trask Sr.
Record of Sign In: Lee Brunelli, Charles Arrigo, Brian Rott, Debra Ritz, Brian Campbell, Joe & Lynda Ostrowski, Brian Campbell, Chad Kaczmarek, James George, Kirk Ritz, Samuel Chiavetta, Joseph Giambrone, Tim Kobel, Ron Kobel

Clerks note: Town Board members met at 7:00 PM for workshop, no motions made during the workshop. There will not be a public hearing as motioned for at the last meeting.

The meeting was called to order by Supervisor Pero at 7:30 PM with a Pledge to the flag.

Councilman Gier moved for the adoption of following motion #160, seconded by Councilman Borngraber. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays 
#160: RESOLVED: Town Board Meeting Minutes from May 11, 2010 Are Approved As Presented
Councilman Gier moved for the adoption of the following motion #161, seconded by Councilman Borngraber 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 abstain 0 nays
#161: RESOLVED: To Approve Supervisors April 2010 Financial Report Is Approved As Presented
Councilman Gier moved for adoption of the following motion #162, seconded by Councilman Borngraber 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#162: RESOLVED: Town Clerk?s April 2010 Financial Reconciliation Reports Be Accepted As Presented
Supervisor Pero moved for adoption of the following motion #163, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#163: RESOLVED: Justice Gugino / Justice Crouse April 2010 Financial Reconciliation Report (Bail & Regular) Be Accepted
Councilman Kujawinski moved for adoption of the following #164, seconded by Councilman Fullone 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#164: RESOLVED: May Dog Control Officer?s Activity Report Be Accepted As Presented Summary: May: Dogs seized: 0, Kennel days:5, Dogs kenneled: 3 Total Dog calls10, Court cases: 2, Stray dogs:7, Dog Bites: 2 
DCO Daniel brought forward information of law change concerning dog control and fees to charge; attorney will review and make recommendation.
Supervisor Pero moved for adoption of the following #164A, seconded by Councilman Kujawinski 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#164A: RESOLVED: to approve clerk entering state mandated dog fees to clerks system for disbursement to town/ state /owner or adoptee.  
Councilman Gier moved for adoption of the following #165, seconded by Councilman Borngraber. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nay  
#165: RESOLVED: May 2010 Police Activity Report Be Accepted As Presented Summary: 4437 miles patrolled, Arrests: Felony: 2, misdemeanor: 15, V&T:259, complaints:29, property checks ? 184. Street light reporting to be checked on.
Councilman Kujawinski moved for adoption of the following #166, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#166: RESOLVED: APRIL TOWN CLERK CASH REPORT:  Total monies rec?d - $1469.66, Town share $637.92 Erie County $25.85,NYS Comptrollers, NYS Health $45.000 NY State Ag & Mkts $6.00, NYS DECALS $354.89, Security Deposits rec?d $400.00 
Tax Collection: $ 817,359.49 paid to Supervisor ? full warrant amount for Town,) Town penalties and interest will be paid at the end of collection/ $565,087.82 paid to Erie County so far. Clerk reported on building use , recreation update, grant status, Memorial Day, Surfside Sewer, bid update, rec?d monies from Farnham for engineer and sent information to architect for building (school) review. Tech/server issues ? technician present.
Councilman Kujawinski moved for adoption of the following #167, seconded by Councilman Gier. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#167: RESOLVED: To Acknowledge Technician Dave Sink and Hold Discussion/update on server/meeting with school tech (Item from Agenda under new Business) 
Dave Sink spoke with board members of his progress with the server, reporting that partitions are to be expanded due to size and possible loss of data, back up issues, and cost. 
Supervisor Pero moved for adoption of the following #167A, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#167A: RESOLVED: To Approve repair/upgrade of server at an estimated cost of $200.00 for materials.
Dave Sink reported to the board that he had met with tech from Lake Shore School and he was happy to report that they are leaving the wiring, patch panels, rack and he may only need some switches and board members asked him to write up a report for change to school and anticipated costs and work. He said it depended on where things would be located in offices, etc. 
Councilman Gier moved for adoption of the following motion #168, motion seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays 
#168: RESOLVED: TO APPROVE VERBAL REPORT OF PLANNING BOARD MEETING
Board Members reviewed memo/update from grant writer, Connie Miner:
Councilman Kujawinski moved for adoption of the following motion #169, motion seconded by Councilman Gier. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays 
#169: RESOLVED: TO APPROVE GRANT WRITER, CONNIE MINER, REPORT OF ACTIVITY AND GRANT UPDATE :
Fire Co. Reports: Councilman Gier did not receive any 
Acknowledgement of Dignitaries and Invited Guests:
OLD BUSINESS: 
Brant School:
Supervisor Pero stated he received some information on both a statutory bond or a BAN and mentioned $25,000.00 donation to purchase with stipulation to have a memorial of the school. Kujawinski reported that he and Borngraber met with architect and engineer at school/requested several options for floor plans. Borngraber reported that no water is coming in but there is a bubble on roof, building is in move-in condition and each room has thermostats for savings. Kujawinski mentioned the building has a boiler and there may need to be some change in or additional personnel. Pero said he felt a committee needed to be formed to deal with all aspects of move. Discussion of having architects at Nussbaumer do some possible use plans for the building. 
Councilman Kujawinski moved for adoption of the following motion #170, motion seconded by Councilman Gier. Roll Call Vote: Kujawinski- aye, Gier ? aye, Pero-aye, Fullone ? aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains 
#170 RESOLVED: TO RATIFY APPROVAL OF RETAINER FOR NUSSBAUMER AND CLARKE IN THE AMOUNT OF $2,740.00 FOR PRELIMINARY EVALUATION REPORT AND AUTHORIZE SUPERVISOR PERO TO SIGN AGREEMENT.

Supervisor Pero moved for adoption of the following motion #171, motion seconded by Councilman Fullone. Roll Call Vote: Pero-aye, Fullone ? aye, Borngraber ? aye, Kujawinski- aye, Gier ? aye, 5 Ayes, 0 Nays, 0 Abstains 
#171 RESOLVED: TO APPROVE BAN OF $150,000.00 AT EVANS BANK 
Pool House Roof
Bids were opened on Friday at 3:00 PM and Supervisor Pero asked if masonry work could be done next year due to not being budgeted.  Members felt that the bids were low enough that both jobs should be done due to need.
Councilman Gier moved for adoption of the following motion #172, motion seconded by Councilman Kujawinski. Roll Call Vote: Gier ? aye, Kujawinski- aye, Pero-aye, Fullone ? aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains 
#172 RESOLVED: TO APPROVE AWARD OF BID FOR ROOF REPLACEMENT TO JAMESTOWN ROOFING FOR THE AMOUNT OF $10,600.00
Councilman Borngraber moved for adoption of the following motion #173, motion seconded by Councilman Gier. Roll Call Vote: Borngraber ? aye, Gier ? aye, Kujawinski- aye, Pero-aye, Fullone ? aye, 5 Ayes, 0 Nays, 0 Abstains 
#173 RESOLVED: TO APPROVE AWARD OF BID FOR MASONRY RESTORATON TO FSR MASONRY FOR THE AMOUNT OF $10,600.00
Councilman Borngraber gave a report on the pool, past practices, painting, tile work, and pool work is moving forward. Borngraber will have estimate for tiling around top edge.
Discussion of pool personnel responsibilities, and pool cleaning by a contractor versus lifeguards and consideration of a pool cover.
Councilman Gier moved for adoption of the following motion #174, motion seconded by Councilman Fullone. Roll Call Vote: Gier ? aye, Fullone ? aye, Pero-aye, Kujawinski- aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains 
#174 RESOLVED: TO APPROVE REPAIR OF TILES ON POOL AROUND TOP EDGE WITH AN EXPENDITURE LIMIT OF $300.00 
Councilman Gier moved for adoption of the following motion #175, motion seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#175 RESOLVED: TO APPROVE THE BRANT TOWN BOARD HOLD ANOTHER MEETING THIS MONTH ON TUESDAY JUNE 22 @ 7:00 PM
LSYF/storage building:
Chad Kaczmarek had plans for members to review and it will be on a slab and will match concession stand and they are requesting to add to standing agreement for concession stand and to extend that agreement. Chad K. is meeting with C. Borngraber to review site area for a site plan to present to the board as requested by the board.
GIS Grant:
Pero reported that a meeting was held for this fully funded grant, and report needs to be accepted and approval to pay final invoice as Town will be reimbursed after bills are paid.
Next step would be implementation, and shared services as the approved way to proceed. 
Supervisor Pero moved for adoption of the following motion #176, motion seconded by Councilman Gier. Roll Call Vote: Pero-aye, Borngraber ? aye, Gier ? aye, Fullone ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains  
#176 RESOLVED: TO APPROVE FINAL PAYMENT TO WENDELL FOR GIS FEASIBILITY STUDY AND TO ACCEPT FINAL REPORT WITH CORRECTIONS CONCERNING INDIVIDUALS NAMED IN DEPARTMENTS.  
Recreation Update:
Councilman Gier reported a productive meeting with Recreation Director Vincent Fininzio Jr. and Joseph DeMaria to review the program. Duties, hours, field trips, etc were discussed.  Supervisor Pero acknowledged that he did contact the school concerning lease of buses for the program. There will be no private vehicles (attendees) driving separately to field trips, Recreation director is the only exception. Clarified that Town Clerk is accepting applications and monies for recreation and working with Vince Fininzio and the Health Department and assisting Jeffrey Gier, the clerks office is entering all camper data in the clerks system and it was agreed that Recreation director will get reports with camper information which will be more accessible.
Councilman Kujawinski moved for adoption of the following motion #177, motion seconded by Councilman Borngraber. Roll Call Vote: Kujawinski- aye, Borngraber ? aye, Pero-aye, Fullone ? aye, Gier ? aye, 5 Ayes, 0 Nays, 0 Abstains  
#177 RESOLVED: to approve the following attendees for recreation program Edward Novara, and substitutes Hannah Renaldo, substitute Joshua Karter and Lifeguards Caroline McCabe and Brandon Fyock, and  Michele Loomis to perform specific duties for no more than 19.5 hours per week at a rate of $2.00 more an hour. Bus Drivers: Linda Battle and Doreen Cheney 
Code of Ethics: Councilman Borngraber requested the Board of Ethics be put on the agenda for the June 22nd meeting.
North Collins Water/SEQR: 
Councilman Kujawinski asked the board to consider the following response to North Collins request to answer to the SEQR request: 
Dear Mr. Mrozek & Village Board members, The Town of Brant respectfully requests that the following issues be addressed during the environmental impact review of the pending Village of North Collins' water project under SEQR:"1) What will be the effect on individual home owners? wells in the area that are currently using water from the aquifer? 2) What steps are being taken to protect the two well heads from possible contamination or misuse? Thank you in advance for your timely response to these questions.
Pero expressed disagreement with sending a letter and effect on local water use. Kujawinski stated that the questions should be asked and board should protect residents. 
Councilman Kujawinski moved for adoption of the following motion #178, motion seconded by Councilman Gier. Roll Call Vote: Kujawinski- aye, Gier ? aye, Fullone ? aye, Borngraber ? aye, Pero-nay, 4 Ayes, 1 Nays, 0 Abstains  
#178 RESOLVED: To send the aforementioned letter to Village of North Collins Board. 
NEW BUSINESS: 
Police Vests: Discussion of purchase of vests with grant monies available, the final cost to town is half the expense. Board will consider how many to order and make a motion at the June 22nd meeting as a timeline is in effect. 
Casella Electronic pick up(old business)
Councilman Kujawinski reported having a meeting with the Village of Farnham Mayor Caber and our/village attorney Trask Sr. and Casella Waste representatives. As a follow up to that meeting no one has received any correspondence from Casella. The attorney recommended a joint letter (Village and Town)be sent to Casella including the quote below.  
Councilman Kujawinski moved for adoption of the following motion #179, motion seconded by Councilman Borngraber. Roll Call Vote: Kujawinski- aye, Borngraber ? aye, Pero-aye, Fullone ? aye, Gier ? aye, 5 Ayes, 0 Nays, 0 Abstains  
#179: RESOLVED to send correspondence to Casella with the following included to the vendor that they are expected to immediately resume picking up electronic items, including TVs and Monitors, at no additional cost as has been the established past practice under the current contract.
Dog Licensing Resolution:
Supervisor Pero moved for adoption of the following motion #180, motion seconded by Councilman Gier. Roll Call Vote: Pero-aye, Gier ? aye, Fullone ? aye, Kujawinski- aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains  
#180: WHEREAS, the New York State Department of Agriculture & Markets has proposed in the Governors Budget to remove the licensing of dogs from the State control and turning it over to all local municipalities in New York State; and
WHEREAS, under Senate Bill S.2211 and Assembly Bill A.10330 the legislatures have proposed a requirement that all dogs must be micro chipped and a registry of dogs be created, which the Town of Brant believes creates an undue burden on dog owners which may result in fewer licensed dogs and creates an undue burden on local municipalities to regulate and enforce compliance of these provisions; and
WHEREAS, the Senate has also introduced under Bill S.2219 a law requiring all dogs and their owners to successfully complete basic obedience training prior to being granted a dog license, which the Town of Brant also believes creates an undue burden on dog owners which may result in fewer licensed dogs and creates an undue burden on local municipalities to regulate and enforce compliance of these provisions; 
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1.	The Town of Brant opposes Senate Bill S.2211 requiring all dogs in NYS to be micro chipped and a registry of dogs to be created and Bill S.2219 requiring all dogs and their owners to successfully complete basic obedience training prior to being granted a dog license, which will create an undue burden on dog owners, which may result in fewer licensed dogs and creates an undue burden on local municipalities to regulate and enforce compliance of these provisions.
2.	The Town of Brant opposes Assembly Bill A.10330 requiring all dogs in NYS to be micro chipped and a registry of dogs to be created, which will create an undue burden on dog owners, which may result in fewer licensed dogs and creates an undue burden on local municipalities to regulate and enforce compliance of these provisions.
3.	The Town of Brant opposes in general the proposal to shift the cost burden of licensing dogs to local municipalities.
4.	The Town Clerk is hereby ordered to send a certified copy of this resolution to the town?s local Senate and Assembly representatives and to Governor David Patterson.
5.	This resolution shall take effect immediately.
Town Code/General Code:
Board members acknowledged correspondence from TC Thea Ells concerning costs of updating the code book.  Thea reported that the code book was updated last in 2007 and was fully funded by a grant and enabled the town to have e-code also, at that time the code had not been updated since 1999, now it has been 3 years and seven laws have been passed. The maximum cost for updates to the code itself and they always revise the table of contents etc and this includes e-code.  Thea reminded the board that she requests monies for updating every year. Board members tabled item until the June 22nd meeting. 
Retirement:
Supervisor Pero reported to the board members the need to set hours and days for elected and appointed officials with a new term this year. Pero stated the new term officials had to report their hours for three months, the resolution names Pero only. 
Supervisor Pero moved for adoption of the following motion #181, motion seconded by Councilman Gier. Roll Call Vote: Pero-aye, Gier ? aye, Fullone ? aye, Kujawinski- abstain, Borngraber ? aye, 4 Ayes, 0 Nays, 1 Abstains  
#181: RESOLVED That the Brant Town Board herby establishes the following as standard word days for elected and appointed officials and will report the following days worked to the New York State and Local employees? retirement system based on the record of activities maintained and submitted by the officials to the clerk of this body. Naming Leonard K. Pero with a standard work day of six hours and days of the month is 16.06 based on record of activities. This resolution shall be posted on the Town Clerks board and on the website for at least 30 days from posting date.  
Laborers:
Councilman Borngraber moved for adoption of the following motion #182, motion seconded by Councilman Fullone. Roll Call Vote: Borngraber ? aye, Fullone ? aye, Pero-aye, Kujawinski- aye,  Gier ? aye, , 5 Ayes, 0 Nays, 0 Abstains  
#181: RESOLVED to hire two part time laborers, naming Michael Zeffiro and Nicholas Burbidge at minimum wage.
Attorney:
Councilman Kujawinski brought forward a motion to ratify the retaining of attorney Patrick Sullivan as of May 11th to represent the Brant Town Board in case of Brant vs. Pero. Supervisor Pero stated that this is the same as what he is being accused of. Pero said the board has hired Sullivan without approval and all for a political vendetta. Kujawinski stated motion for approval of outside council was in March and the attorney had authority and did so based on the judges? request. Fullone asked what are we to gain by spending money, and we should take care of this matter as a board, how we can work together. Discussion went on between board members concerning this issue. Kujawinski stated he was withdrawing the motion for the sake of civility and said it will be brought up on June 22. 
 
Reports Of Committees/Projects/Town Board Reports
Pero: Reported:
Hardpan road closure for June 14 till September 7th. 
June 17th ECA of Erie government Diner meeting is at 6 pm ant Brant Senior Community building, please let Thea or Michele know by  
Brant Fest nest June 20 with parade at 1PM
Kujawinski:
Ellis Road Bridge:  Kujawinski inquired if Pero has met with State rep, Pero said no as this project was worked on by John Arrigo while he was out ill a few years ago, Kujawinski stated State rep wants to meet with Supervisor as indicated earlier. 
Highway:
Joseph Giambrone presented the board members with a memo stating: This is a statement from myself, Joseph Giambrone, as Brant Highway Superintendent, and one that I would like to go on the record of the June 8th, 2010 Board Meeting 
?Come this winter season of 2010 ? 2011 if there is no available back up truck for road plowing, and salting, my department and myself will not be held responsible for the road condition which involves town roads, county roads, and town property. Any and all responsibility will be with the Brant Town Board.?   
Board members had discussion on number of trucks, condition of trucks, upkeep, and money issues for a new truck, and age of trucks.
Communications?: 
Community Calendar from Evans Brant Chamber will be posted, Time Warner Information
NYS Archives newsletter, Special Needs Registry will be posted for those with disabilities or special medical needs for emergency situations, Received e-mail concerning Cable ? Pero to call Sharon Hansen , Lynne Dixon will be here June 22 
ABSTRACT:
Councilman Gier moved for adoption of the following #182, seconded by Supervisor Pero. Roll Call Vote: Gier ? aye, Pero-aye, Fullone, Kujawinski- aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains 
#182 RESOLVED TO APPROVE ABSTRACT 6 of 2010 
*Prepaid and unpaid as of June 8, 2010
General Fund Town wide Vouchers prepaid 166-171, unpaid 172-209  210 Totaling: $26,908.02
General Fund ? Part Town Unpaid 15-16 Totaling: $9,058.28
Highway Fund T.W.  Vouchers Unpaid 58-65 Totaling: $3204.68 
Highway Part Town Vouchers: Prepaid 12-13, Unpaid 14-15  Totaling: $3,902.59
Street lighting ? Voucher #5 Totaling $2,176.13
Brant Water Dist ? Voucher 3: Totaling: $16,907.50
Highway Payroll PT 5/1/10 to 5/22/10 Totaling: $7,820.13
Highway Payroll TW 5/1/10 to 5/22/10 Totaling: None
General Town Wide Payroll 5/1/10 to 5/22/10 Totaling $27,190.87
General Part Town Payroll 5/1/10 to 5/22/10 Totaling $571.38
CORRECTION: 6/14/10 Added Voucher 210 to this abstract.  V210 was already audited and approved on 6/8/10 but was not entered in computer.  Therefore, Gen Fund TW has changed from $26,865.67 to $26,908.02. The #208 was repeated ? this caused error
 Privilege of Floor:
Jim George questions: has a police inventory of assets been completed?, why are two officers patrolling in cars, who pays for weed killer and insurance issue (WC), inquired of attorney working for Village of Farnham, married to clerk, and town attorney. 
Lee Brunelli: Questioned why do we have three police cars ? Ans. No answer 
Steve Stranard from Hamburg was there to observe, commented on people speaking.
Tim Kobel ? property issue more than several years ? has a lot of documentation - Gier will meet with Tim and CEO
Councilman Fullone moved for adoption of the following #183, seconded by Councilman Borngraber.  Roll Call Vote: Fullone ? aye, Borngraber ? aye, Pero-aye, Gier ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains 
#183 RESOLVED TO go to executive session due to discussion for a new appointment at 9:50 PM 

Supervisor Pero moved for adoption of the following #184, seconded by Councilman Gier.  Roll Call Vote: Pero-aye, Gier ? aye, Fullone ? aye, Borngraber ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains 
#184 RESOLVED for the Brant T own Board to close the executive session at 10:24 PM 

Councilman Gier moved for adoption of the following #185, seconded by Supervisor Pero.  
5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays
#185 RESOLVED: TO ADJOURN THE JUNE 8, 2010 MEETING OF THE BRANT TOWN BOARD AT 10:24 PM

Respectfully submitted,
Thea A. Ells, Brant Town Clerk