Minutes: Town Board Meeting Tuesday May 10, 2011 Brant Town Hall
Present: Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Councilman Clark Borngraber, Deputy Supervisor Donald Clark Attorney William J. Trask Sr., Town Clerk Thea A. Ells. Absent: Supervisor Leonard Pero, Councilman Vincent Fullone.
Record of Sign In: Lynda & Joe Ostrowski, Lee Brunelli, John Schenne, Tom Flint, Joseph Giambrone, Donald Hepkins, Janice & Neil Ross, Ray Ashton, Joe DeCarlo, Vito DeCarlo, Brian Rott, Debra Ritz, Diane Czyz, Brian Campbell, Dennis Rubeck,
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 Deputy Supervisor Donald Clark at 7:30 PM with a Pledge to the flag. Clark addressed the audience and stated he would be running the meeting but has no vote in matters of the board.
Councilman Kujawinski moved to accept #122 and was seconded by Councilman
Gier. 3 ayes: Gier, Kujawinski, Borngraber. 0 abstain, 0 nays
#122 RESOLVED: Approval of Town Board Meeting Minutes from April 10, as submitted by Town Clerk
Councilman Gier moved for the adoption of the following motion #123 seconded by Councilman Borngraber. 3 ayes: Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#123 RESOLVED: To Approve Supervisors April 2011 Financial Report As Presented
Councilman Kujawinski moved for the adoption of the following motion 124, seconded by Councilman Gier. Roll Call Vote: Kujawinski-aye, Gier- aye, Borngraber ? aye. 3 Ayes,
0 Nays, 0 Abstains
#124 RESOLVED: Approve the following Budget Modification as recommended By the Town Bookkeeper as Presented.
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund - Tonwwide (A)
$ 525.00 Decrease A1990.4 Contingent Account Contr Expend
$ (525.00) Increase A9040.8 Workmens Compensation $ 525.00
Highway Fund - Townwide (DA)
$ 1,351.00 Decrease DA5142.4 Snow Removal Contr Expend
$ (1,351.00) Increase DA9040.8 Workmens Compensation $ 1,351.00
Highway Fund - Part Town (DB)
$ 2,424.00 Decrease DB51110.4 General Repairs Contr Expend
$ (2,424.00) Increase DB9040.8 Workmens Compensation $ 2,424.00
Councilman Gier moved for adoption of the following motion #125, seconded by Councilman Borngraber. 3 ayes. Gier, Borngraber, Kujawinski. 0 abstain 0 nays
#125 RESOLVED: Town Clerk?s March 2011 Financial Reconciliation Report
Councilman Gier moved for adoption of the following motion #126 seconded by Councilman Borngraber. 3 ayes: Gier, Borngraber, Kujawinski, 0 abstain 0 nays
#126 RESOLVED: Justice Gugino / Justice Crouse February 2011 Financial Reconciliation Report (Bail & Regular) Be Accepted
CEO, Gary Brecker, was not present, no report.
Councilman Kujawinski read the summary report and reported on a grant and loan Barbara Daniel DCO received for her own dog kennel on her property, she is requesting the town to cover shipping costs of $300.00. Discussion: that it is not an asset of the town so therefore they could not cover costs.
Councilman Kujawinski moved for adoption of the following #127 seconded by Councilman Gier. 3 ayes: Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#127 RESOLVED: Dog Control Officer?s April 2011 Activity Report Be Accepted As Presented excluding any financial reimbursement for kennel. Summary of: Complaints:1 barking dog, 3 dogs at large. 2 appearance tickets, 2 court cases, 1 assist other agencies (EC Sheriff?s)
Councilman Kujawinski moved for adoption of the following #128 seconded by Councilman Gier. 3 ayes: Gier, Kujawinski, Gier 0 abstain 0 nays
#128 RESOLVED: April 2011 Police Activity Report Be Accepted As Presented Summary: 4646 miles patrolled, fuel usage 373 gals, Arrests: Felony: 0, misdemeanor: 6, V&T: 227, Fire calls: 5, First Aid calls: 13, Criminal complaints: 5 non criminal: 9, Accidents with Injury: 0, Accidents without Injury: 3, property checks: 281. Reminder to drivers: Move over law, cell phone usage while driving, seat belt usage, watch for bicyclists and pedestrians.
Town Clerk, Thea Ells, reported meeting with Joe Ostrowski and two auditors from Lumsden to review an audit report. Discussion of availability for on line ? final report and policies could be posted. Reported on insurance issues, NTH and Senior Fitness update will be covered later.
Councilman Gier moved for adoption of the following #129 seconded by Councilman Kujawinski. 3 ayes: Kujawinski, Gier, Borngraber. 0 abstain, 0 nays
#129 RESOLVED: April 2011 Town Clerk Activity Report Be Accepted As Presented:
APRIL TOWN CLERK CASH REPORT: Total monies rec?d: $1,582.55 Town share: $1,093.25, NYS Health: $, NY State Ag & Mkts: $43.00, NYS DECALS: $46.30, Security Deposits: $400.00
Planning Board Report: Meeting: April 2011
Board approved a natural fence on Jefferson property on Rte. 5, submitted the Communication Tower Code to the Town Board and the Town Attorney for review and approval, the board will be reviewing a possible new code regarding high impact industrial usage of the water shed and possible effects of pollution on the water shed.
Councilman Kujawinski moved for adoption of the following #130 seconded by Councilman Gier. 3 ayes: Gier, Kujawinski, Borngraber. 0 abstain, 0 nays
#130 RESOLVED: To Approve Planning Board Report of April 2011 meeting.
February Fire Reports: Gier stated no report submitted.
Acknowledgement of Dignitaries and Invited Guests:
Old Business:
FLN Radio Tower:
Don Clark opened the floor for discussion as board members present could not vote ? not a super majority. Neighbors and residents who spoke before reinforced their objection to tower and stated they were on record as such.
New Town Hall:
Phone lines:
Board had discussion that lines were reviewed by department heads and supervisor signed, still a question of number of lines.
Councilman Gier moved for adoption of the following #131 seconded by Councilman Kujawinski. 3 ayes: Roll call: Gier, Borngraber, Kujawinski 0 abstain, 0 nays
#131 RESOLVED: Authorize Supervisor to sign a contract for up to 16 lines, subject to confirmation to board of number of lines needed. To approve contract with Time Warner for 36 months for digital phone service: ?contract reads 13 local lines@ 23.96 per month each and 6 unlimited local & long distance @29.95 per month /monthly fee = $494.18?
In House Phone System
Councilman Gier moved for adoption of the following #132 seconded by Councilman Kujawinski. 3 ayes: Roll call: Gier, Borngraber, Kujawinski 0 abstain, 0 nays
#132 RESOLVED: Authorize Supervisor to sign a contract with NFP telecom to approve contract amount $9,999.00 and approve to deposit payment of $5,000.00 down. Reads as: all data cabling and infrastructure will be provided by Town, includes 48 Cat5E patch cords, new data rack shelf: Allworx 6x/PX on Town rack; 24 port Netgear proSafe POE 10/100 data switch (for entire voice network at bldg; new d link 4 port EBR- 2310 router for 2 remote locations; Allworx 6x/px w/30 user license , call assistant, ACD, Auto attendants, voice mail; 2-24 button phone, 4 12 button phones,10 4 button phone, 4 analog phones all labor and misc materials and install. Full 3 yr warranty on hardware and 1 yr on handsets
Change Orders:
Board members reviewed orders signed, and unsigned by Supervisor:
#8: court room /bench $ $9603.00
#12: locker room/court storage & assessor ? electric $1,748.00
#13: insulate new walls: police, prosecutors, town clerk $1,176.45
Thea requested a new contract total from Hulme after change orders, $337,719.48. John Scheene stated some plumbing work to be done after Hulme is done. Board members reviewed change orders: jury box height, bench height, and plans. Hulme should be done by end of June.
Councilman Gier moved for adoption of the following #133 seconded by Councilman Borngraber. 3 ayes: Roll call: Gier, Borngraber, Kujawinski 0 abstain, 0 nays
#133 RESOLVED: To approve the Supervisor to sign the New Town Hall change orders #12 & #13 and table #8 until reviewed with Supervisor and who made the changes.
Councilman Gier moved for adoption of the following #134, seconded by Councilman Borngraber. 3 ayes: Gier, Borngraber, Kujawinski. 0 abstain, 0 nays
#134 RESOLVED: To approve a progress payment of $66,346.21 to Ed Hulme Builders for AIA approved billing number 2 as recommended by John Schenne.
Councilman Gier moved for adoption of the following #135 seconded by Councilman Borngraber. 3 ayes: Roll call: Gier, Borngraber, Kujawinski 0 abstain, 0 nays
#135 RESOLVED: To approve Desk order & purchase for Assessors: $2796.00, and
Desk order & purchase for Town Clerk: $1242.00
Board reviewed items with Thea for NTH: drop boxes, front door repair, fire extinguishers,
front signage, insurance and inventory. Discussion of reviewed bids for signage, board members liked size and price but wanted symbols changed and address changed.
Councilman Kujawinski moved for adoption of the following #136, seconded by Councilman Borngraber. 3 ayes: Gier, Borngraber, Kujawinski. 0 abstain, 0 nays
#136 RESOLVED: To approve order/purchase of front signage from Hae Jude, for a 4 ft. by 6 ft. sign altered from proof presented and after proof review by Town Board members with lowest bid of $2830.00.
Senior Fitness Center/Recreation Building:
Board discussed building, project, and chair lift access. Drainage fixed, floor is in and will be installed.
Councilman Gier moved for adoption of the following #137, seconded by Councilman Borngraber. 3 ayes: Gier, Borngraber, Kujawinski. 0 abstain, 0 nays
#137 RESOLVED: to pay Hulme $21,628.60 for Contract #2(Main Bldg) Town Clerk has received certificate for payment signed by Engineer John Schenne,
pay Hulme retainer $1,081.40 for Contract #2(Main Bldg) Town Clerk has received certificate for payment signed by Engineer John Schenne, to pay Hulme $10,025.00 for Contract #4(ADA Chairlift) Town Clerk has received certificate for payment signed by Engineer John Schenne, pay Hulme retainer $501.25 for Contract #4(ADA Chairlift) Town Clerk has received certificate for payment signed by Engineer John Schenne
Town Park Rules:
Board members reviewed: 2010 Org: Acknowledgement of Park Rules:
No Food or Beverages in Pool Area
Park Speed Limit ? 10 MPH
No unlicensed vehicles in park without permission of Town Board
Park Hours will be 7:00 AM till 11:00 PM
Lt. Hepkins spoke to board concerning a resolution for specific area for parking.
After discussion it was decided to have Lt. Hepkins review park with emergency services, grounds, and make recommendation. Handicap parking discussed.
New Business:
Highway Uniforms:
Councilman Kujawinski moved for adoption of the following #138, seconded by Councilman Gier. 3 ayes: Gier, Borngraber, Kujawinski. 0 abstain, 0 nays(1 mat for Hwy and will look at mats for NTH)
#138 RESOLVED: Approve having uniforms for three highway men for a contract with Unifirst with a term no longer than three years.
Recreation & pool:
Councilman Gier moved for adoption of the following #138, seconded by Councilman Borngraber. 3 ayes: Gier, Borngraber, Kujawinski. 0 abstain, 0 nays
#139: RESOLVED: TO APPROVE BUS DRIVERS DOREEN CHENEY AND LINDA BANTLE $49.34 A REGULAR DAY PER DAY PER DRIVER AND $120.94 FOR FIELD TRIPS, PER TRIP AND PER DRIVER.
Supervisor Pero sent word that Lake Shore transportation stated bus costs would be same as last year.
Board discussion concerning fees, 2010 rates was reviewed and cost estimates reviewed.
Councilman Gier moved for adoption of the following #140, seconded by Councilman Borngraber. 3 ayes: Gier, Borngraber, Kujawinski. 0 abstain, 0 nays
#140: RESOLVED: RESIDENTS rates for recreation: ONE CHILD: $65.00, SECOND CHILD: $50.00, THIRD CHILD: $40.00, WITH A CAP OF $180.00 FOR FOUR. $45.00 FOR BUS PICK UP, per child
Councilman Gier moved for adoption of the following #141, seconded by Councilman Borngraber. 3 ayes: Gier, Borngraber, Kujawinski. 0 abstain, 0 nays
#141: RESOLVED:NON RESIDENTS: $130.00 ONE CHILD, SECOND CHILD $115.00, $105.00 THIRD WITH A CAP OF $405.00 FOR FOUR OR MORE. $60.00 FOR BUS PICK UP, per child
(non - resident pick up out of Brant has to be a designated stop.)
Recreation will have a start date of Tuesday July 5th till August 12th. Town Clerk will advertise.
Memorial Day:
Councilman Borngraber moved for adoption of the following #142, seconded by Councilman Gier. 3 ayes: Borngraber, Kujawinski. 0 abstain, 0 nays
#142: RESOLVED: Memorial Day services will be held on Monday May 30th @ Memorial Park @ 9:00 AM with Town Clerk advertising (cost will be split with Village) for Brant & Farnham having a service @ 10:30 AM and Chicken Barbeque.
Police Officer Appointment:
Councilman Borngraber moved for adoption of the following #143, seconded by Councilman Gier. 3 ayes: Borngraber, Kujawinski. 0 abstain, 0 nays
#143: RESOLVED: To appoint Raymond Aston as a part time police officer with a probationary period of six months at a rate of $15.00 thereafter $16.50 per hour maximum of 19.5 per week.
Pool House:
Gier & Borngraber to work on painting of pool house.
Request to Site Weather Station
Town Clerk, Thea Ells addressed the board concerning a request from Erie County Department of Health and from John R. Finster, Public Health Consultant III, ECDOH. She reported that Evans and Farnham have had a weather station and Farnham DPW stated it was not a problem.
Excerpt from ECDOH:? The ECDOH has analyzed potential sites for weather stations that should provide representative data on the precipitation in the watersheds of streams having an impact on public beaches. All sites are public property owned by the county, municipalities or school districts. The sites must have reasonable protection from vandalism and preferably having internet access.
Based on these criteria the ECDOH is requesting the cooperation of the Town of Brant by allowing and assisting in the installation of a weather station on the roof of the new Municipal Building (the former Brant Elementary School) before Memorial Day. The weather station will provide precipitation data for the upper reaches of Delaware Creek. The flow from Delaware Creek impacts Evans Town Beach after rain events.?
Councilman Kujawinski moved for adoption of the following #144 seconded by Councilman Gier. 3 ayes: Kujawinski, Gier, Borngraber. 0 abstain, 0 nays
#144 RESOLVED: To approve placement of a weather station on the New Brant Town Hall roof @1272 Brant NC Rd, this is to be placed by Erie County Department of Health and an insurance cert naming the Town of Brant is needed along with a hold harmless indemnification from Erie County.
Town Board Reports:
Borngraber reported mowing has started and he has conversations often.
Kujawinski reported: Brant Fest dumpster donated by Casella will be available, and Ells reported extra port johns ordered also.
Town Park Water: Ells reported receiving water report ? negative for Coliform Colilert
Recognized Privilege of the Floor:
Lee Brunelli inquired if speed limit will be enforced in Park, as many do not adhere to speed limit.
Correspondence:
Letter of thanks for security checks from Gordon Brummagem to Lt. Hepkins and officers.
Received Time Warner?s letter of changes.
Annual Water Report for Brant Water District.
Councilman Gier moved for adoption of the following #145, seconded by Councilman Borngraber. Roll Call Vote: Gier ? aye, Borngraber ? aye, Kujawinski- aye, - aye 3 Ayes, 0 Nays, 0 Abstains
#145 RESOLVED: TO APPROVE ABSTRACT 5 of 2011
Abstract 5 of 2011
*Prepaid and unpaid as of May 9, 2011
Gen Fund Town wide Vouchers pd 153-158, unpd 159-180 Totaling: $17,765.92
Gen Fund ? Part Town Voucher unpd 10-12, Totaling: $9,081.95
Highway T.W. Vouchers unpd 42-47, Totaling: $319.81
Highway P.T. Vouchers pd #2, unpd # 3-5 Totaling: $3,830.64
Capital Projects: Vouchers unpd #9-10 Totaling: $5,031.45
Fire Protection: Vouchers : None
Special Grant Fund: Vouchers # 8-9, Totaling: $308.99
Streetlighting: Voucher pd #4 Totaling: $2,161.89
Brant Water Dist 1: Voucher: None
Lotus Bay Sewer Dist 1: Vouchers None
Brant Farnham Sewer Dist: Voucher #1 Totaling: $2,450.00
General Town Wide Payroll 3/27/11-4/23/11 Totaling: $ 31,589.99
General Part Town Payroll 3/27/11-4/23/11 Totaling: $587.94
Highway Payroll TW 3/27/11-4/23/11 Totaling: $4,347.74
Highway Payroll PT 3/27/11-4/23/11 Totaling: $4,033.05
Note: the vouchers listed below were not added to the Abstract above, but approval for payment is requested at the May 10, 2011 Town Board mtg., and at that time they will be added.
Edward Hulme, Inc $1081.40 CD#10(CDBG - SFC - Cafeteria area Contract #2)
Edward Hulme, Inc $9523.75 CD#11(CDBG -SFC ? Wheelchair lift Contract #4)
Edward Hulme, Inc $501.25 CD#12(CDBG ? SFC ? Wheelchair lift, Contract $=#4)
Edward Hulme, Inc $66,346.21H#11(Capital Projects NTH Billing#2,Contract #1)
Councilman Gier motioned to adjourn the Town Board meeting, seconded by Councilman Kujawinski. 3 ayes: Gier, Kujawinski, Borngraber. 0 abstain 0 nays
#146 RESOLVED: May 10th Town Board Meeting adjourned at 9:00 PM
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
