Minutes of the Brant Town Board Meeting Held on July 19, 2011 at 1294 Brant North Collins Rd. Present: Supervisor Leonard Pero, Councilman Jeffrey Gier, Councilman Daniel Kujawinski, Councilman Vincent Fullone, Councilman Clark Borngraber, Attorney William Trask Sr., Town Clerk Thea Ells Record of Sign In: Lynda & Joe Ostrowski, Lee Brunelli, Neil & Janice Ross, Brian Rott, Brian Campbell, Ron Kobel, Charles Arrigo, Willie Easterling, Rick Snavely, Don Clark 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 Supervisor Leonard Pero at 7:30 PM with a Pledge to the flag. Councilman Gier moved to accept #180 and was seconded by Councilman Borngraber. Pero, Gier, Fullone, Kujawinski, Borngraber. 0 abstain, 0 nays #180 RESOLVED: Approval of Town Board Meeting Minutes from June 14, 2011, as submitted by Town Clerk Councilman Gier moved for the adoption of the following motion #181 seconded by Councilman Borngraber. 5 ayes: Gier, Borngraber, Kujawinski, Pero, Fullone. 0 abstain 0 nays #181 RESOLVED: To Approve Supervisors May 2011 Financial Report As Presented Councilman Kujawinski moved for adoption of the following motion #182, seconded by Supervisor Pero. 5 ayes. Kujawinski, Pero, Borngraber, Gier, Fullone. 0 abstain 0 nays #182 RESOLVED: Town Clerk?s May 2011 Financial Reconciliation Report Councilman Kujawinski moved for adoption of the following motion #183 seconded by Councilman Borngraber. 5 ayes: Kujawinski, Borngraber, Gier, Pero, Fullone, 0 abstain 0 nays #183 RESOLVED: Justice Gugino / Justice Crouse May 2011 Financial Reconciliation Report (Bail & Regular) Be Accepted CEO, Gary Brecker, presented the June CEO report. 8 new construction inspections, 1 demolitions inspections, 1 Property Maintenance inspections, 1 zoning inspections, 1 new business inspection, 4 court cases, 3 building permits issued (plus 1 denied), 5 meetings attended. Councilman Borngraber moved for adoption of the following motion #184 seconded by Councilman Fullone. 5 ayes: Borngraber, Fullone, Kujawinski, Pero, Gier. 0 abstain 0 nays #184 RESOLVED: Code Enforcement Officer?s report for June 2011 approved as presented. DOG CONTROL: DCO Barbara Daniel read the summary of her Dog Report for June 2011. She then updated the Board on two current DCO items: Kennel: the kennel was delivered and is in use. She stated that she will wait until 2012 for the gravel as her personal finances for 2012 kennel expenses have been depleted. Census: Daniel gave the Board two options to consider regarding census preparations. Option 1: postcards to each home to notify of upcoming census and new dog law. Option 2: Pennysaver flyer addressing all Brant/Farnham residents regarding dog licensing requirements and the upcoming census, and provide copy of blank license form for them to mail in. She will provide the Board with both options and costs at next Board meeting. Councilman Kujawinski moved for adoption of the following #185 seconded by Supervisor Pero. 5 ayes: Kujawinski, Pero, Borngraber, Gier, Fullone. 0 abstain 0 nays #185 RESOLVED: Dog Control Officer?s June 2011 Activity Report Be Accepted As Presented. Summary of Complaints: 2 barking dog, 5 dogs at large. 0 dogs kenneled. Supervisor Pero commented on Lt. Hepkins announcement at the June meeting regarding the recent internal audit that showed a direct correlation between the number of tickets written and the number of accidents that occur. He commended the Department. Councilman Borngraber moved for adoption of the following #186 seconded by Councilman Gier. 5 ayes: Borngraber, Gier, Kujawinski, Fullone, Pero 0 abstain 0 nays #186 RESOLVED: June 2011 Police Activity Report Be Accepted As Presented Summary: 5349 miles patrolled, fuel usage 341.4 gals, Arrests: Felony: 3, misdemeanor: 2, V&T: 185, Fire calls: 2, First Aid calls: 6, Criminal complaints: 10, non criminal: 16. Property checks: 206, Streetlights reported out: 2. Councilman Kujawinski moved for adoption of the following #187 seconded by Councilman Gier. 3 ayes: Kujawinski, Gier, Borngraber, Pero, Fullone. 0 abstain, 0 nays #187 RESOLVED: June 2011 Town Clerk Activity Report Be Accepted As Presented: JUNE TOWN CLERK CASH REPORT: Total monies rec?d: $11,410.72 Town share: $10,925.10, NYS Health: $22.50, NY State Ag & Mkts: $31.00, NYS DECALS: $32.12, Security Deposits: $400.00. Planning Board Report: Meeting: July 2011 The Planning Board report was read by Secretary Lynda Ostrowski. The report stated the Planning Board is working on a plan to protect the Town?s aquifer. It also stated that no Special Use permit applicants appeared to further discuss their applications with the Planning Board as recommended by the Town Attorney at the June 14 meeting. Councilman Kujawinski moved for adoption of the following #188 seconded by Councilman Fullone. 5 ayes: Kujawinski, Fullone, Gier, Borngraber, Pero. 0 abstain, 0 nays #188 RESOLVED: To Approve Planning Board Report of June 2011 meeting. Fire Reports: Gier stated no report submitted. Pero expressed disappointment that fire department wanted to charge Town to haul water to fill Park pool and that he will remember this when contract negotiating begin this year. Acknowledgement of Dignitaries and Invited Guests: None spoke Old Business: NTH: Tom Flint from Ed Hulme Construction addressed a ?punch list? of items he received from Town Clerk Thea Ells. Councilman Gier mentioned disappointment in the quality of workmanship, such as the hinges on the swing doors and the trim around the Court Clerk?s window. Three months ago, the engineer applied for a 600 amp which was denied by the Power Company. Town was ordered to upgrade to 3 phase service, then was later told that a 400 amp service would suffice but the old wiring was too short for the 400 amp service. The new wiring is long enough. Supervisor Pero asked Tom Flint what he would consider the best service for the Town Hall. Flint responded a 600 AMP single phase service. Pero stated he will make some calls to achieve this. Gier continued to address conditions at the NTH including the kitchen and gym need cleaning. Smoke detectors need dusting. NTH PHONES: The Town Clerk stated she had a contract from Time Warner for Pero to sign. She has an appointment with UniFirst regarding mats. Pero affirmed Internet is all set. Clerk added that ASR cabinet move will be August 17. Ells stated she contacted Fischer & Lincoln moving regarding discussing the Town Hall move. Packing will be each Departments responsibility. She is unsure about who is doing Historical. It was now 8:00 PM and Supervisor Pero announced a break to begin the Public Hearing for the proposed new Telecommunications Facility local law. Attorney Trask read the Public Notice: LEGAL NOTICE TOWN OF BRANT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Brant Town Board, Erie County, New York, will hold a public hearing at the Brant Town Hall,1294 Brant-North Collins Road, Brant, New York on Tuesday the 19th day of July 2011 at 8:00 P.M. Local Time to consider the adoption of Proposed Local Law # 1 of the year 2011, being a local law regulating the siting, location and construction of telecommunication facilities in the Town of Brant. Copies of the proposed local law are available at the office of the Town Clerk during regular business hours. All interested parties will be given an opportunity to be heard. Dated: 6-28-11 By order of the Brant Town Board Thea Ells, Brant Town Clerk Supervisor Pero moved for adoption of the following #189 seconded by Councilman Gier. 5 ayes: Pero, Gier, Kujawinski, Fullone, Borngraber. 0 abstain, 0 nays #189 RESOLVED: To open Public Hearing regarding Local Law #1 of 2011 ?Telecommunications Facility Law?. Attorney Trask thanked the Planning Board for their work on the proposed new local law that would govern the placement of Telecommunication tower within the Town of Brant. The law they drafted consisted of laws used by other surrounding Towns, edited to suit the Town of Brant. It encourages co-location and addresses zoning areas and preferences. The proposed law requires Tower applicants to prove they have exhausted efforts to co-locate on pre-existing towers. Trask spoke of the different concerns that need to be addressed. Don Clark asked if the FLN Tower applicant will be required to adhere to the new law. Trask responded that they would be exempt since their application was received prior to the moratorium, and the Town Board specifically exempted their application, so they are only bound to the laws as they existed at the time of their application. Councilman Gier moved for adoption of the following #190 seconded by Councilman Borngraber. 5 ayes: Gier, Borngraber, Kujawinski, Fullone, Pero. 0 abstain, 0 nays #190 RESOLVED: To close the public hearing at 8:10 PM. OLD BUSINESS (cont?d) NTH: The Town Clerk continued discussion on Fischer & Lincoln movers. Gier prefers to allow professional movers to do the moving. The Police will move their own records. Their assistance will be voluntary and will not affect patrol. Furniture: the Clerk addressed the furniture (including a 20? conference table) coming from E.C.C. North Campus through Lt Hepkins. The table got scratched and needs to be refinished. The refinisher will do the work for the cost of materials only (approx $200 to $300). The Town Clerk told the Board that the Lt. asked if the Town could offer something to E.C.C. to help offset their expense of moving the furniture which had to be moved by county employees as only employees were permitted to access the furniture. Cleaning update: Clerk advised that some of the carpets in the court clerks and judge?s room were cleaned and the cost to finish the balance will be approximately $490.00 per Justice Gugino?s contract. Windows John & Marge Bates will do inside & out (after cleaning & parking lot is done). Plaster work around windows: estimate is in for the plaster work around police & CEO windows from Cheeny. Fire Extinguishers: Clerk advised of the quote she received from Dival ($526.80) and would like to set up for last week of August. Signs: Pero stated he spoke with someone and they will start mounting them next couple of weeks. Mailboxes: Need to find someone to mount the new drop boxes. DFT: Clerk spoke with DFT regarding the security system at the school. Pero added he wants an intercom system installed. Town Clerk advised him to talk with Dave Sink. Tom Flint reminded the Board that the air conditioners will be started upon completion of the electrical work. Gier stated that Schenne is the responsible for seeing the electrical work done. FLM: Radio Tower application. Trask advised the Board that to proceed, they must declare a negative SEQR. He read the SEQR aloud: TOWN BOARD OF THE TOWN OF BRANT STATE ENVIRONMENTAL QUALITY REVIEW ACT Negative Declaration (July 19, 2011) WHEREAS, on or about December 30, 2010, a completed application was received from Family Life Ministries, Inc. for construction of a 300 foot FM broadcast tower on lands owned by Randall Frye, Jr. on Milestrip Road (parcel no. 285.00-1-20.111) in the Town of Brant, and WHEREAS, Family Life Ministries, Inc. (hereinafter ?FLM?) has applied to the Town of Brant Town Board (the ?Board?) for a tower special permit with respect to the project; and WHEREAS, the project was duly referred to the Erie County Department of Planning pursuant to General Municipal Law § 239-m, and a response was received and processed on such zoning referral; and WHEREAS, the Planning Board of the Town of Brant has reviewed the application and made a recommendation for issuance in favor of issuance of the tower permit; and WHEREAS, the Board has conducted public meetings and/or public hearings on the proposal during which the applicant and members of the public have been given an opportunity to be heard; and WHEREAS, the Project is an unlisted action under the State Environmental Quality Review Act (?SEQRA?) and the Board, as lead agency, has conducted a single agency review of the Project; and WHEREAS, the Board has taken a ?hard look? at all potentially adverse environmental impacts pursuant to SEQR. NOW, THEREFORE, be it resolved by the Board that: Based upon the Board?s thorough and careful review of the Project and FLM?s application materials, including the Environmental Assessment Form and all other materials submitted in connection therewith, the Board hereby determines that the Project will not result in any significant environmental impacts and hereby issues a negative declaration for the Project pursuant to SEQR. REASONS SUPPORTING THE NEGATIVE DECLARATION: 1. Air, Water, Noise, Waste, Erosion, Drainage, Site Disturbance Effects: The Project will not create any adverse change in the existing air quality, water quality or noise levels, nor in solid waste production, nor potential for erosion, nor promote flooding or drainage problems. The Project will produce a minimal disturbance of soil and vegetation, with minimal storm run-off. 2. Aesthetics, Agriculture, Archeology, History, Natural or Cultural Resource, Community or Neighborhood Character: The Project will not adversely affect agricultural, archeological, historical, natural, or cultural recourses. Although a facility of this nature will be visible, it has been sited responsibly so as to minimize visual impact and the size and design of the tower is such that its visual impact on the community is expected to be minimal. The only discernable visual impact would be lighting as necessary to not pose a safety hazard for emergency and other low flying aircraft such as the Erie County Sheriff?s Department and Mercy Flight. 3. Vegetation, Fish, Wildlife, Significant Habitats, Threatened or Endangered Species: No plant or animal life will be adversely affected by the Project. 4. Community Plans, Use of Land or Natural Resources: The Project is not inconsistent with official community plans and goals and will have no adverse effects on land-use or the use of natural resources by or in the community. 5. Growth, Subsequent Development, etc.: The Project will not induce any significant or adverse growth or subsequent development. 6. Long Term, Short Term, Cumulative, or Other Effects: The Project will not have any significant adverse long term, short term, cumulative, or other environmental effects. 7. Critical Environmental Area: The Project will not have an impact on any Critical Environmental Area as designated in 6 NYCRR, subdivision 617.14(g). 8. Public Health and Safety: FLM has submitted engineering reports establishing acceptable structural design standards and projecting radio frequency emission levels which are within guidelines and limits established by the Federal Communications Commission and which, by law, are binding upon the Board. Accordingly, the Board finds no adverse impacts on the public health due to radio frequency emissions. 6 NYCRR § 617.1 states that it is the intention of the SEQR regulation ?that a suitable balance of social, economic and environmental factors be incorporated in the planning and decision making of State, regional and local agencies. It is not the intention of SEQR that environmental factors be the sole consideration in decision making.? This Board has considered all of the evidence submitted by FLM and has determined that the Project will not have a significant adverse environmental impact on the community. Notice of this determination of non-significance shall be filed to the extent required by applicable law or regulation under SEQRA or as may be deemed advisable by the Board. The foregoing resolution was put to a vote which resulted as follows: Supervisor Pero Voting Aye Councilman Borngraber Voting Aye Councilman Fullone Voting Voting Aye Councilman Gier Voting Nay Councilman Kujawinski Voting Nay Thea Ells, Town Clerk Town of Brant Supervisor Pero moved for adoption of the following #191 seconded by Councilman Borngraber. 3 ayes: Roll Call vote: Pero-aye, Borngraber-aye, Gier-nay, Fullone-aye, Kujawinski-nay. 0 abstain, 2 nays #191 RESOLVED: To adopt the resolution #191 declaring a Negative SEQR as read by Attorney Trask, regarding the FLM radio tower application. Resolution for the approval of the Special Use Permit application from FLN: Attorney Trask read a resolution containing the conditions being placed on the Special Use permit application: RESOLUTION #192 OF THE BRANT TOWN BOARD AT A MEETING OF THE BRANT TOWN BOARD HELD ON JULY 19, 2011 THE FOLLOWING RESOLUTION WAS OFFERED: WHEREAS, on or about December 30, 2010, the Town of Brant received a completed application from Family Life Ministries, Inc. (hereinafter ?FLM?, ?applicant? or ?permittee?) for the siting, construction and operation of a FM Radio Broadcasting tower on property owned by Randall Frye, Jr. on Milestrip Road in the Town of Brant, and WHEREAS, the Brant Planning Board and the Brant Town Board have held multiple public meetings and hearings and have received significant public input relative to the proposed Project, and WHEREAS, the Brant Planning Board has recommended approval of the special tower permit, and WHEREAS, the application has been referred to Erie County Department of Environment and Planning pursuant to General Municipal Law § 239-m and such referral has resulted in a response of ?no recommendation, with comments?, and WHEREAS, the comments from Erie County DEP have been the subject of additional review and consideration by the applicant and the Town Board, and WHEREAS, the Brant Town Board has considered the impact of the proposed Project under the requirements of the New York State Environmental Quality Review Act (SEQR) and has issued a negative declaration under applicable provisions of SEQR, NOW, THEREFORE, IT IS HEREBY RESOLVED, that the application of FLM for a Tower Special Permit for the subject property shown on the site plan map is hereby granted, with the following conditions: 1. The tower shall be a guyed construction, meeting the design standards submitted with the application and shall not exceed 299 feet in height. Site improvements shall comply with the approved site plan and applicant shall obtain all required permits from other agencies including, but not limited to, Erie County for any work to be done within the county right-of-way. 2. The top of the tower shall contain a single, non-blinking light sufficient to be visible to low-flying aircraft. 3. Applicant shall provide the town with written verification that Mercy Flight and the Erie County Sheriff?s Department Aviation Division have been notified of the location of the new tower. 4. All equipment and operations at the tower site shall, at all times, comply with applicable federal standards relative to radio frequency emissions. 5. The access road shall be constructed and maintained so as to provide continuous access for emergency vehicles to the tower site. 6. Applicant shall deliver to the town and maintain at all times a performance (demolition and restoration) bond and provide supporting engineering certifications as to the cost of removal and property restoration not less than every five (5) years. 7. This permit shall be renewable annually, following a public hearing by the Town Board, and such renewal may include such further conditions as may be deemed reasonable and necessary by the Town Board based upon the operational experience of the facility. One of the conditions was a constant red light at the top of the tower. Applicant Rick Snavely corrected Trask stating they are required to install a blinking light. The correction was noted by Trask who will add the wording ?or such other illumination that may be required by FAA?. Pero stated it should read ?the top of the Tower should contain a single non-strobe blinking light designed to be visible by low flying aircraft?. Don Clark asked if the Board has carefully considered the residents in the immediate areas who voiced objection to the tower and that the tower will generate no income for the Town. He notified the Board that the owner of the property does not live there. Pero stated that opposition in the immediate area was not 100%. Supervisor Pero moved for adoption of the following #192 seconded by Councilman Borngraber. 3 ayes: Roll Call vote: Pero-aye, Borngraber-aye, Gier-nay, Fullone-aye, Kujawinski-nay. 0 abstain, 2 nays #192 RESOLVED: To adopt the preceding resolution #192 approving the FLM Special Use Permit to build a 299? radio tower at 1808 Milestrip Rd, with the illumination amendments as stated during discussion. Gym Rental Refunds: Discussion began regarding the refund of three gym rentals. Town Clerk mentioned the Sr. Rec air conditioner working good. No one should walk on Gym floor with high heels or shoe spikes as they will poke holes in the flooring. Town clerk mentioned to the Board about electric problems in the remodeled Sr. Rec Bldg when renters plug in multiple appliances, breakers shut down. Joe Giambrone suggested changing Breaker to 15 amp instead of 10 amp. Pero will look into this problem. Exercise equipment payment: Pero stated he wanted to have the Board approve the voucher to pay for the exercise equipment so they can send payment to vendor upon its delivery and inspection. The voucher was added to the abstract before the meeting so no separate approval was needed because approval at the June 1, 2011 Special T/B mtg. Payment to Ed Hulme: The Town Clerk reminded the Town Board of a voucher made out to pay Ed Hulme the amount of $178,000 which was presented to the Board at the June Town Board meeting. Clerk stated John Schenne has signed off on all the outstanding vouchers for Hulme and wanted to know if they could approve payment at this meeting. The Board as a whole declined to approve payment at this time. Gier stated he understands the electric is holding him up but he wants things finished before they are paid. Discussion by Pero: Supervisor Pero stated LSYF requests to install 2 new horseshoe pits for a tournament. He reviewed some of the items in last month?s minutes. Snyder Auto application, NTH phones, Dave Sink?s request to purchase patch cables for network, NTH Sign was tabled. Supervisor Pero requested the Board approve the decision on the Sign which was tabled at the June 14 meeting. Councilman Borngraber stated the sign is done but instead of putting the Town Seal on it, they put the Justice Scales on it instead. Discussion about putting the seal on another piece of material to be affixed over the justice scales. Further discussion that the Board members had instructed sign company that the Town Seal was to be used, not justice scales. Borngraber stated this is the original sign they had made. It was decided to table the approval until the Town Seal can be viewed set over the justice scales. Supervisor Pero moved for adoption of the following #193 seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Kujawinski, Borngraber, Fullone. 0 abstain, 0 nays #193 RESOLVED: To Table the decision on the Front Signage until the Board can view the attachment of a Town Seal over the justice scales. NTH Keys: Councilman Kujawinski addressed the subject of the Town Hall keys. He stated that because of the expense, they are looking at using the existing locks for the inside doors and getting swipe card access for three of the outside entrance doors. The three doors would be the Judges door, the Police door in front, and the back door where everyone parks. The front entrance will not have card access. The Board chose to table this decision until cost can be determined. Park Trees: Supervisor Pero thanked & complimented Councilman Kujawinski for the tree project at the park. He also thanked Highway Superintendent Giambrone for watering the trees. Phase II Park grant: Supervisor Pero spoke of Phase II of the Park Grant of $150,000 with Town matching $75,000. To extend the walking path, lifecycle exercise machines, and a meadow along the walking path. He added that Local 17 will help with the matching portion of the project and that it will probably not cost the taxpayers anything. Pero mentioned the Town received a certificate of merit from Lynn Dixon during the ribbon cutting ceremony for the work done to the Park. Local Law #1 (Telecommunication Facilities Local Law): Attorney Trask stated that he had to prepare a Negative Declaration for SEQR before the Board could act on the proposed new local law. The Public Hearing is now done so now they just have to act on it. NEW BUSINESS: Supervisor Pero read the Letter of Resignation from Officer Ron Raczka (badge #207). The Board accepted the resignation with regret. Councilman Kujawinski moved for adoption of the following #194 seconded by Councilman Gier. 5 ayes: Kujawinski, Gier, Borngraber, Fullone, Pero. 0 abstain, 0 nays #194 RESOLVED: To accept the resignation of Officer Ron Raczka with regret. NEW FUEL VENDOR RESEARCH: The Town Clerk notified the Board that NOCO has the State bid for Auto & Truck lubricants per Erie County Bid # 211207-004. She stated NOCO has the contract for all counties except Erie County for Fuel/gas. However, they state they will match state pricing on fuel per NOCO Representative on 7/19/11. Attorney Trask stated the Town can only competitively bid it or buy at the State contract price. The Board needed to act, so Attorney Trask advised the Board to award the contract to the vendor who has the State contract, whoever that may be. This can be a short term fix until the Board can send it out for bid later. Councilman Borngraber moved for adoption of the following #195 seconded by Councilman Gier. 5 ayes: Borngraber, Gier, Fullone, Pero, Kujawinski. 0 abstain, 0 nays #195 RESOLVED: To award the fuel contract to the vendor who has the State contract. Councilman Kujawinski, who is also Town of Brant Sesquicentennial Chairman came across a document from Senate Resolution #1138 dated May 2, 1989 recognizing the Town of Brant?s 150th birthday. He requests approval to spend up to $200.00 to properly frame and display the document. Supervisor Pero increased the amount to $250.00 to frame the document to be hung in the New Town Hall. Supervisor Pero moved for adoption of the following #196 seconded by Councilman Gier. 5 ayes: Pero, Gier, Fullone, Borngraber, Kujawinski. 0 abstain, 0 nays #196 RESOLVED: To approve the spending of up to $250.00 to frame the document dated 5/2/89 recognizing the Town of Brant?s 150th birthday to be hung in the New Town Hall. Fire Dept Fuel Issues: Supervisor Pero wanted to clarify fuel issues with the Brant Fire Dept. He stated the Fire Dept comes to fill their tanks at the Highway garage and they write down each time how many gallons they take. When the number of gallons is high enough, the Highway Superintendent has 500 gallons delivered with the bill going to the Fire Dept. Supervisor Pero then wanted to clarify that the Fire Dept can and always has been able to get their fuel from the Highway Tank under the supervision of Highway Superintendant Joe Giambrone. Court requests additional Clerk hours: Supervisor Pero addressed the Board with a request from the Brant Court. They are seeking to temporarily increase the hours of their ?court night fill-in clerk? by 2 days/week at six hours each for a total increase in hours by 12. The request is due to their need to catch up on a backlog of work. Trask asked if this is a new position. Supervisor Pero stated it was not. The person is already a fill-in for whenever someone is on vacation and for court nights. Supervisor Pero moved for adoption of the following #197 seconded by Councilman Kujawinski. 5 ayes: Pero, Kujawinski, Gier, Fullone, Borngraber. 0 abstain, 0 nays #197 RESOLVED: To approve the increase in hours of the Court?s fill-in clerk by 2 days/week X 6 hours/day at $11.00/hour for up to two months. REPORTS OF COMMITTEES: Pero reminded residents about the first come first served shelters located near the basket ball court stating they have grills and are free to use. Lights out in Grove: Grove with fireplace has an electric wire down. He had to cut the wire as it was live. Giambrone ran a temporary line to the shelter but recommends running a permanent line from large grove to small grove in the future. Supervisor Pero thanked everyone for the fruit basket and cards & prayers during his surgery. Pero thanked the Brant Festival committee for the nice job they did this year. Clerk mentioned that the Committee went over budget by $152.00. The Board had no objections to the overage. Approval for the overage was unnecessary. Privilege of the Floor: Neil Ross: Neil asked if the Town has a motto? If not, he suggests ?Did you see it, or did you hear it?? Correspondence: Pero read from a letter received from a recent Park renter, Jack Reiter. He wrote to request a partial refund of rent paid (non-resident) because his attendees were unable to use the pool due to dead animals found in the pool that morning. Pero responded that the pool does not come with the rental and even in the event of other situations outside Town control that could have happened such as lightening storms, there would be no refund. Councilman Kujawinski requested they file the letter. Pool Gate & Fence: Councilman Gier stated he received a quote to extend the pool fence and change the gate which was about $600 to $700. He didn?t have the quote with him but will get it. Pool Bathhouse Painting: Clerk asked Councilman Gier if he had an idea about the painting of the Pool Bathhouse. Gier stated that he did not at this time. Time Warner Cable: TW it considering expanding the line down Rte. 249, Mile Block Rd, Cain Rd up to Versailles Plank and Milestrip. Pero will pursue it. Misc. Correspondence: Pero mentioned other various correspondences he received. Town Park Maintenance Contract: Councilman Borngraber stated it was his opinion that the ground maintenance contract is not being fulfilled. He mentioned examples of his opinion such as the back of the park reservoir not being mowed. He described weeds coming up through the mulch at the Memorial Park. He stated he did not sign the voucher and feels as though taxpayer is not getting what they paid for. Councilman Gier stated he will walk the Parks and areas with Councilman Borngraber to visually confirm the complaint. APPROVAL OF ABSTRACT Councilman Kujawinski moved for adoption of the following #198, seconded by Councilman Gier. Roll Call Vote: Kujawinski ? aye, Gier ? aye, Borngraber- aye, Fullone- aye, Pero-aye, 5 Ayes, 0 Nays, 0 Abstains #198 RESOLVED: TO APPROVE ABSTRACT 7 of 2011 AS FOLLOWS: *Prepaid and unpaid as of July 18, 2011 Gen Fund Town wide Vouchers pd 239-254, unpd 255-313 Totaling: $29,493.27 Gen Fund ? Part Town Voucher pd., # 17, unpd 19, (#18 deleted-duplicated #15) Totaling: $9,056.95 Highway T.W. Vouchers unpd 60-63, Totaling: $736.33 Highway P.T. Vouchers pd #11, unpd # 12-17 Totaling: $14,466.78 Fire Protection: Vouchers : none Streetlighting: Voucher pd #7 Totaling: $1,951.67 Brant Water Dist 1: None Special Grant Fund: Voucher #14: Totaling: $12,196.00 Capital Projects: Vouchers unpd #13-17, Totaling: $182,231.51 Lotus Bay Sewer Dist 1: Vouchers None Brant Farnham Sewer Dist: Voucher: None General Town Wide Payroll 5/22/11-7/02/11 Totaling: $ 49,883.97 General Part Town Payroll 5/22/11-7/02/11 Totaling: $881.91 Highway Payroll TW 5/22/11-7/02/11 Totaling: $914.57 Highway Payroll PT 5/22/11-7/02/11 Totaling: $11,140.53 Note: Abstract 5 had an increase with the addition of a voucher (this voucher was audited and approved with other vouchers but not entered in computer). Therefore Acct# A7110.4 increased by $106.44 on Abstract 5. -------------------------------------------------------------------------------------- Councilman Borngraber motioned to adjourn the Town Board, seconded by Councilman Fullone. 5 ayes: Borngraber, Fullone, Pero, Gier, Kujawinski. 0 abstain 0 nays #199 RESOLVED: July 19th Town Board Meeting adjourned at 9:25 PM Respectfully submitted, Thea A. Ells, Brant Town Clerk