Minutes of the Brant Town Board Meeting Held on September12, 2011 at 1272 Brant North Collins Rd.
Present: Supervisor Leonard Pero, Councilman Jeffrey Gier, Councilman Vincent Fullone, Councilman Daniel Kujawinski, Councilman Clark Borngraber, Attorney William Trask Sr., Town Clerk Thea Ells
Record of Sign In: Lee Brunelli, Neil & Janice Ross, Brian Rott, Brian Campbell, Lt. Donald Hepkins, Rona Kobel, Chad Kaczmarek, Don Clark, Linda & Joe Ostrowski, Debra Ritz.
Clerks note: Town Board members met Saturday 9/10 @10:30 and 9/12 @ 7:00 PM for workshops, 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. Welcomed all to the New Town Hall.
Councilman Kujawinski moved to accept #235 and was seconded by Supervisor Pero. 5 ayes. Gier, Borngraber, Fullone, Kujawinski, Pero. 0 abstain, 0 nays
#235 RESOLVED TO TABLE: TABLED Approval of Town Board Meeting Minutes from August 9, 2011, as submitted by Town Clerk, Supervisor requested a better description of Fire Dept. report and discussion that was had with Supervisor, on page 94. Clerk will edit and send to all members before next meeting.
Councilman Gier moved for the adoption of the following motion #236 seconded by Councilman Fullone. 5 ayes: Gier, Fullone, Borngraber, Kujawinski, Pero. 0 abstain 0 nays
#236 RESOLVED: To Approve Supervisors August 2011 Financial Report As Presented
Councilman Fullone moved for the adoption of the following motion #237 seconded by Councilman Borngraber. 5 ayes: Fullone, Borngraber, Gier, Kujawinski, Pero. 0 abstain 0 nays
#237 RESOLVED: To Approve Supervisors Budget Modification for period ending July 31st, 2011 As Presented below
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund - Townwwide (A)
$ 52.00 Decrease A1355.41 Assessment Board of Review Contr Expend
$ (52.00) Increase A1355.12 Assessment Board of Review Pers Serv $ 51.50
$ (790.00) Increase A1620.4 Old Town Hall Bldng Contr Expend
To correct July Budget - $8,210 should be $9,000.
$ 1,500.00 Decrease A1990.4 Contingent Account Contr Expend
$ (1,500.00) Increase A1620.4 Old Town Hall Bldng Contr Expend $ 66.35
The above budget change is recommended to provide an additional appropriation until
the move to the new Town Hall is completed.
$ 2,916.00 Decrease A1990.4 Contingent Account Contr Expend
$ (2,916.00) Increase A3650.4 Demolition of Unsafe Buildings Contr Expend $ 2,915.45
$ 751.00 Decrease A1990.4 Contingent Account Contr Expend
$ (751.00) Increase A7550.4 Celebrations Pers Serv $ 750.60
$ - Increase A1589 Otr Public Safety Dept Inc(Erie Cty) Revenue
$ - Increase A3315.1 STOP DWI Pers Serv $ 1,998.38
No buget change is recommended at this time because the Erie County STOP-DWI program will
reimburse this expense when the program is over toward year end.
General Fund - Part Town (B)
$ 300.00 Decrease B1990.4 Contingent Account Contr Expend
$ (300.00) Increase B8010.4 Zoning Contr Expend $ 34.40
The above budget change is recommended to provide an additional appropriation to cover
expenses to year end.
Special Grant Fund (CD)
Increase CD1625.2 Recreation Bldng(Senior Fitness Ctr) Equip & Cap Out $ 11,496.88
No budget modification is recommended at this time until the Senior Fitness Center project is completed and all
applicable expenses are reviewed and reconciled. This project is funded by a CDBG Grant administered through
Erie County for a total of $112,500. The grant's share of the project is $84,375 (75%) and the Town's share is
$28125 (25%). To date $106,896.88 has been paid out on this project.
Councilman Borngraber moved for adoption of the following motion #238, seconded by Councilman Gier. 5 ayes. Gier, Borngraber, Fullone, Kujawinski, Pero. 0 abstain 0 nays
#238 RESOLVED: Town Clerk?s July 2011 Financial Reconciliation Report Be Accepted.
Councilman Gier moved for adoption of the following motion #239 seconded by Councilman Fullone. 5 ayes: Gier, Fullone, Pero, Kujawinski, Borngraber, 0 abstain 0 nays
#239 RESOLVED: Justice Gugino / Justice Crouse July 2011 Financial Reconciliation Report (Bail & Regular) Be Accepted
CEO, Gary Brecker, presented the August CEO report.Inspections:18, Certificate of Occupancy:1, Appearance Tickets Issued:1, Building Permits Issued: 5, and final report on house fire with demolition of 1333 Cain Rd. Brecker reported to the board members that the demolition was completed and pursuant to Ch. 73,Sec. 73-5 of the Town Code, the Town Board may place a lien on the property and attach such to the next assessment roll of the general town taxes together with a charge of 50% of such costs as compensation to the Town for administration, supervising, and hauling of said work. Brecker advised members of interest which could be charged.
Board members and attorney discussed the re-levy and charges.
Councilman Gier moved for adoption of the following motion #240 seconded by Councilman Kujawinski. Roll Call Vote: Gier ? aye, Kujawinski ? aye, Fullone ? aye, Borngraber- ay, .Pero-aye. 5 Ayes, 0 Nays, 0 Abstains
#240 RESOLVED: Code Enforcement Officer?s (certified)(verified) Report of actions taken pursuant to Ch. 73,Sec. 73-5 of the Town Code, concerning 1333 Cain Rd in the Town of Brant.
Supervisor Pero moved for adoption of the following #241 seconded by Councilman Fullone. Roll Call Vote: Pero-aye, Fullone ? aye, Kujawinski ? aye, Gier ? aye, Borngraber- aye.
5 Ayes, 0 Nays, 0 Abstains
#241 RESOLVED: Resolution to order a charge (lien) on assessment roll for property known as 1333 Cain Rd, in the Town of Brant, due to demolition pursuant to Town Code, in the amount of $3207.00, to cover the costs incurred by the Town of Brant.
Councilman Borngraber moved for adoption of the following #242 seconded by Supervisor Pero. 4 ayes: Borngraber, Pero, Fullone, Gier. 0 abstain 0 nays
#242 RESOLVED: To Accept Code Enforcement Officer?s Report for the Month of August, 2011 as reported by CEO Gary Brecker.
DCO: Barbara Daniel reported: Summary of Complaints: 0 barking dog, 4 stray dogs seized (2 redeemed 2 adopted), 3 dogs kenneled. DCO reported numerous cat calls. Barbara reported on kennel fees? and Census covered later in agenda.
Supervisor Pero moved for adoption of the following #243 seconded by Councilman Fullone. 5 ayes: Borngraber, Pero, Fullone, Gier, Kujawinski. 0 abstain 0 nays
#243 RESOLVED: Dog Control Officer?s August 2011 Activity Report Be Accepted As Presented by DCO, Barbara Daniel.
Report Councilman Fullone: Summary: 4991 miles patrolled, fuel usage 356.6 gals, Arrests: Felony: 1, misdemeanor: 9, VNT: 229, Fire calls: 0, First Aid calls: 7, Accidents w/injury: 0, Accident w/no injury: 2, Criminal complaints:10, non criminal: 20, Property checks: 268, Streetlights reported out: 7. (Total complaints logged: 833). Police Memo attachment: Reminder to all drivers that school is open and to be careful to watch for children riding bikes and walking along the roads, also all motorists must over and slow down when approaching a emergency vehicle that is stopped with emergency lights, wear your seatbelts.
Supervisor Pero moved for adoption of the following #244 seconded by Councilman Borngraber. 5 ayes: Pero, Borngraber, Gier, Kujawinski, Fullone, 0 abstain 0 nays
#244 RESOLVED: August 2011 Police Activity Report Be Accepted As Presented
Thea Ells reported: Recreation: Final figures will be ready next moth ? need payroll, etc.- request a follow up meeting to review procedures ? Gier, Fininzio, Loomis, Ells, DeMaria
rentals: SCB 6x,4x groups, RB: 8x, grove areas 3x- various issues with buildings all reported to me or Joe and follow-up repairs done. Meetings: Town Board: 8/9, since 8/9- engineer 4x, general contractor6x, TW phones & internet 5x, NFP phones 6x , moving companies 3x, cleaning crews 3x, Unifirst mats 2x, Village Locksmith 2x, DFT security 4x, Niagara Mohawk, numerous w/ town technology & town departments. Thea thanked Board for opportunity of experience of Town Hall move and thanked other dept?s especially Police and Highway. Councilman Gier and board members thanked and commended Town Clerk, Police Dept., Highway Dept and all for working together behind the scenes to accomplish the move.
AUGUST TOWN CLERK CASH REPORT: Total monies rec?d: $1,314.65, Town share: $252.97, NYS Health:, NY State Ag & Mkts: $33.00, NYS DECALS:$1,128.32, Security Deposits:$50.00
Councilman Borngraber moved for adoption of the following #245 seconded by councilman Fullone. 5 ayes: Fullone, Pero, Borngraber, Gier, Kujawinski. 0 abstain, 0 nays
#245 RESOLVED: August 2011 Town Clerk Activity Report Be Accepted As Presented:
The Planning Board report was read by Secretary, Lynda Ostrowski: No action or attendance for Snyder Auto Sales, discussion of draft of clean water Act. Attendance: 8 members. Kujawinski commended Joe & Lynda Ostrowski?s continued improvement with attendance and minutes.
Councilman Kujawinski moved for adoption of the following #246 seconded by Councilman Gier. 5 ayes: Gier, Pero, Borngraber, Kujawinski, Fullone. 0 abstain, 0 nays
#246 RESOLVED: To Approve Planning Board Report of July 2011 meeting.
Fire Reports: No reports
Acknowledgement of Dignitaries and Invited Guests: None Present
Old Business:
NTH:
Pero reported that some items are still being worked on and that dedication would take place in late October. Also reported that Thea met with engineer John Schenne today- going over punch list, floors are being repaired, signs going up. Pero asked Thea to give update on items: she reported: phones working and training going well, security almost complete, training still needed, keys going well, thanks to Don Hepkins for help with all. Furniture move went well, plaster work being done, Thea rec?d the final electrical inspection report before move, and she took the fire dept. Chief, and asst. chief?s on a walk through building. Kujawinski asked if John the Plumber had anything to report: John reported to the board his concern that adequate heat be put in cellar and that area?s that are open to elements be closed up for winter but open for air in warmer months.
Borngraber stated large front sign will be up next week, Pero said parking lot to be lined and hallway room directory will be enlarged. Stencil for handicap parking, outdoor lights will be installed, inquired of Thea that internet will be up soon, she confirmed. Pero stated he would like a TV or similar for conference room. Pero stated need of PA system, roof leaks should be fixed. Kujawinski asked if it was possible to have the recording run through the menu a second time.
DCO ? Flyer for Census:
Barbara gave members flyers to review and stated she will have on line also ? asks for this to be printed in town hall and distributed by flyer in Penny saver. The flyer explains licensing requirements, dog information, and explanation of ownership and responsibilities of such. Cost to distribute in Penny saver is under $100.00 plus the cost of colored paper. Distribution will be this month. Barbara also had some discussion with board concerning budget and expenses.
Water Tower-Farnham:
Pero stated that final invoice has not been received by Village and the amount due is more than approved previously, the job is not complete. Table this item till next month.
Miscellaneous Appointments:
Councilman Borngraber motioned to adopt #247, seconded by Councilman Gier. Roll Call Vote: Borngraber- aye, Gier?aye, Pero-aye, Fullone?aye, Kujawinski?aye, 5 Ayes,0 Nays, 0 Abstains
#247 RESOLVED: To approve the appointment of Brian Calkins as part time laborer at a wage of $12.00/hour.
Supervisor Pero stated that repairs and miscellaneous work is being done by Allen Nolan under contract.
Town Park Improvements:
Councilman Kujawinski reported that part of phase II is a wildflower meadow which will be established by Turnbull nursery who have checked with the DEC, the nature path would tie in to bring nature area with attraction to butterflies.
Councilman Kujawinski motioned to adopt #248, seconded by Supervisor Pero. Roll Call Vote: Kujawinski?aye, Pero-aye, Borngraber-aye, Gier-aye, Fullone?aye, 5 Ayes,
0 Nays, 0 Abstains
#248 RESOLVED: Approved to spend up to $4,500.00 for field preparation, and planting of a wildflower meadow (entire project) in the Brant Town Park, with Turnbull Nursery.
Supervisor Pero reported that the rock with plaque at the Park entrance needs attention, Borngraber will look into.
LSYF is taking down old buildings ,and Gier will discuss lights.
November Town Board meeting has been set for Thursday November 10, 2011 due to Election Day.
Councilman Kujawinski reported that plaques which were approved to be completed are done and ready to be placed - total cost less than $100.00.
OLD BUSINESS:
Public Hearing/Proposed Local Law #2 of 2011 (2% Cap)
Report form Pero concerning 2% cap on taxes: our towns concerns now are a new highway 1 ton truck, new police car, and the need for a new position for New Town Hall building maintenance. Attorney Trask was asked to comment as he attended a seminar on this subject: cap is no increase over 2% of total revenue of town including special districts and (total amount collected last year). State is just releasing guidelines to assist town?s ? there is the availability of legislation where the Town can hold a public hearing for a proposed law which would allow the Town, if necessary, exceed that limit. A draft of this law has been presented to Board members and the Town Clerk.
Supervisor Pero motioned to adopt #249, seconded by Councilman Gier. Roll Call Vote: Pero-aye, Gier-aye, Kujawinski?aye, Fullone?aye, Borngraber-aye, 5 Ayes,
0 Nays, 0 Abstains
#249 RESOLVED: A Public Hearing will be held by the Brant Town Board in the Brant Town Hall, 1272 Brant-North Collins Road, Brant, New York on the 11th day of October, 2011 at 8:00 P.M. Local Time, for the purpose of considering Proposed Local Law No.2-2011
which, if approved, would authorize the Town of Brant to exceed the tax levy limit established by General Municipal Law Section 3-c for the 2012 fiscal year.
Pool Cover:
Borngraber has looked into covering pool with a vinyl cover which is 43 by 83 and should last 10-15 yrs, ,with the use of sand bags. Ladder is needed for deep end and he received a quote for closing and opening which is $350.00 each time with Town providing chemicals and waiting for another quote.
Supervisor Pero motioned to adopt #250, seconded by Councilman Gier. Roll Call Vote: Pero-aye, Gier?aye, Borngraber- aye, Fullone?aye, Kujawinski?aye, 5 Ayes,0 Nays, 0 Abstains
#250 RESOLVED: Approved to purchase a pool cover for $1356.00
Proclamation Eden/200 years:
Pero /all second
Fire Contract Committee will be Gier & Kujawinski
Library Resolution:
Pero reported he is attending meeting with director and towns and associations are still considering. This will be up for vote next year as they are proposing district being formed for libraries.
Budget Schedule:
Pero reported that he will present a tentative budget to the Town Clerk by September 30, and then the Town Clerk will present the tentative to the Board by October 5,after review and changes it is the preliminary budget, and the public hearing for the budget must be by Thursday after election but not beyond November 15th.
Tentative Budget will be presented on October 5th, at 7:00 PM.
Councilman Gier motioned to adopt #251, seconded by Councilman Kujawinski. 5 ayes: Gier, Pero, Borngraber, Kujawinski, Fullone. 0 abstain, 0 nays
#251 RESOLVED: Approved to allow Senior Organization to purchase locks and use on cabinets in Senior Community Building kitchen for supplies up to $100.00
Town Board reports:
Borngraber: Listed issues which he feels are not completed to satisfaction of contract specifications: grounds, shrubs, trimming, vegetation control, ball diamond, and has not confronted contractor. Borngraber made a motion to not pay contractor anymore money.
Board decided to speak on contract issue later in executive. He reported work complete n small shelter.
Fullone: Reported he has been corresponding with civil service to promote Lt. Hepkins to part time Chief. Attorney Trask spoke on requirements and circumstances surrounding position.
Councilman Fullone motioned to adopt #252, seconded by Councilman Borngraber. Roll Call Vote: Pero-aye, Gier?aye, Borngraber- aye, Fullone?aye, Kujawinski?aye, 5 Ayes,0 Nays, 0 Abstains
#252 RESOLVED: Authorizing Supervisor Pero to sign a P-03 concerning Part time police chief position and to submit to civil service which then goes to State.
Gier: Request that George Johengen be recognized on September 21st honoring his accomplishments and contributions to the community.
Councilman Jeffrey Gier, Councilman, Supervisor Leonard K. Pero, Councilman Vincent Fullone, Councilman Dan Kujawinski, and Councilman Borngraber
At Their September 12, 2011 Board Meeting Unanimously proclaimed the following:
WHEREAS, The Brant Town Board recognizes a special resident of our town, Mr. George Johengen who through his determination, enthusiasm and skills has brought about a great honor not only upon himself but for our entire community.
WHEREAS, The Western New York Baseball Hall of Fame will induct George Johengen on September 21st 2011 at the Lake Erie Italian Club for his great achievements in playing and coaching baseball.
WHEREAS, The citizens of the Town of Brant & North Collins recognize your leadership, loyalty, & dedicated service and love for our towns.
WHEREAS, The Town Board and the citizens of the Town of Brant thank you for your service as the principle of Lake Shore Central school and realize the importance of a man that has given 20 years of his life for our well being.
Furthermore, The local communities, Town Board and residents of the Town of Brant will applaud you for all of your achievements and Forever Thank You for all of your devoted years of service that you have unselfishly given to honor your community.
THEREFORE, SO BE IT PROCLAIMED, By order of the Brant Town Board
That on Wednesday September 21, 2011 that it be recognized in the Town of Brant as:
GEORGE JOHENGEN DAY.
All town residents will honor this day for your dedication to our community!
Pero reported he will be looking for bids for a one ton truck and has received spec?s from Joseph Giambrone, and will look into a police car, also. Board discussed mileage and models and also the need for a smaller truck for highway which may cut down costs.
Pero attended meeting with Senator Gallivan and he is donating two flags to the Town and had discussion of the intent to have the State take over Medicaid, which will effect counties and towns taxes, Gallivan is the Chair of the AG Committee, and he is looking into funds for a plate reader for Brant and a generator for the building, and is getting involved with STCEC.
PRIVILEDGE OF THE FLOOR:
Neil Ross: Concerning Borngrabers? report he suggests a look at Contractor work and board should check out if this needs resolving.
Correspondence:
Received a Thank you from Mayor Terry Caber for the $1,000.00 the Town donated to defer costs of pathway to their amp theater.
APPROVAL OF ABSTRACT
Councilman Gier moved for adoption of the following #253, seconded by Councilman Fullone. Roll Call Vote: Gier ? aye, Fullone ? aye, Borngraber- aye, Kujawinski, Pero-aye, 5 Ayes, 0 Nays, 0 Abstains
#254 RESOLVED: TO APPROVE ABSTRACT 9 of 2011 AS FOLLOWS:
*Prepaid and unpaid as of September 9, 2011
Gen Fund Town wide Vouchers pd 351-356, unpd 357-399 Totaling: $26,909.05
Gen Fund ? Part Town Voucher pd., # 21-23, unpd #24-26 Totaling: $63,800.80
Highway T.W. Vouchers unpd 67-73, Totaling: $760.78
Highway P.T. Vouchers, pd., #21-22, unpd #23-25 Totaling: $4,964.05
Fire Protection: Vouchers: none
Street lighting: $2,091.28
Brant Water Dist 1: None
Special Grant Fund: None
Capital Projects: Vouchers pd., #25, unpd #26-40., Totaling: $32,699.36
Lotus Bay Sewer Dist 1: Vouchers None
Brant Farnham Sewer Dist: Voucher: None
General Town Wide Payroll 7/31/11-08/27/11 Totaling: $ 50,644.79
General Part Town Payroll 7/31/11-08/27/11 Totaling: $698.83
Highway Payroll TW 7/31/11-08/27/11 Totaling: $4,108.56
Highway Payroll PT 7/31/11-08/27/11 Totaling: $4,051.92
Councilman Gier moved for adoption of the following #255, seconded by Councilman Kujawinski 5 ayes: Pero, Gier, Kujawinski, Fullone, Borngraber.0 abstain 0 nays
#255 RESOLVED: To go into executive session to discuss contractual issues at 9:02 PM
Councilman Gier moved for adoption of the following #256, seconded by Councilman Borngraber. 5 ayes: Pero, Gier Kujawinski, Borngraber, Fullone.0 abstain 0 nays
#256 RESOLVED: To close the executive session @ 9:30 PM
Councilman Borngraber motioned to adjourn the Town Board, seconded by Councilman Fullone. 5 ayes: Borngraber, Fullone, Pero, Kujawinski, Gier. 0 abstain 0 nays
#257 RESOLVED: September 12 Town Board Meeting adjourned at approximately 9:31 PM in Memory of Brady Way.
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
