Minutes of the Brant Town Board Meeting & Public Hearings Held on October 11, 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, Janice Ross, Brian Rott, Brian Campbell, Ron Kobel, Chad Kaczmarek, Don Clark, Linda & Joe Ostrowski, Debra Ritz, Joe Giambrone, Tom Bowman, Charles Arrigo.
Clerks note: Town Board members met 7:00 PM for workshops, no motions made during the workshop. Borngraber arrived for budget mod vote.
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 #258 and was seconded by Councilman Kujawinski 4 ayes. Gier, Fullone, Kujawinski, Pero. 0 abstain, 0 nays
#258 RESOLVED: Approval of Town Board Meeting Minutes from September 12, and August 9, 2011, as submitted by Town Clerk.
Councilman Fullone moved for the adoption of the following motion #259 seconded by Councilman Gier. 4 ayes: Gier, Fullone, Kujawinski, Pero. 0 abstain 0 nays
#259 RESOLVED: To Approve Supervisors August 2011 Financial Report As Presented
Councilman Kujawinski moved for the adoption of the following motion #260 seconded by Councilman Fullone. 5 ayes: Fullone, Borngraber, Gier, Kujawinski, Pero. 0 abstain 0 nays
#260 RESOLVED: To Approve Supervisors Budget Modification for period ending August 31st, 2011 As Presented below
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund - Townwwide (A)
$ 70.00 Decrease A1990.4 Contingent Account Contr Expend
$ (70.00) Increase A1620.1 Old Town Hall Bldng Pers Serv $ 70.00
$ 507.00 Decrease A7180.2 Pool EQ & Cap Out
$ (507.00) Increase A7180.4 Pool Contr Expend $ 506.89
$ - Increase A2615.1 STOP DWI Fines-Police Dept 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 100% when the program is over toward year end.
Highway - Part Town (DB)
$ 9,754.00 Decrease DB5112.4 Permanent Improvements Contr Expend
$ (9,754.00) Increase DB5110.4 General Repairs Contr Expend $ 9,753.50
Special Grant Fund (CD)
Increase CD1625.2 Recreation Bldng(Senior Fitness Ctr) Equip & Cap Out $ 11,496.88
This budget increase will be covered by an Interfund Transfer from the General-Townwide Fund when 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, of which the Grant's
share of the project is $84,375 (75%) and the Town's share is $28,125 (25%).
To date $106,896.88 has been paid out on this project plus in kind work performed at $5,276.25 for a total
project cost of $112,173.13.
Councilman Gier moved for adoption of the following motion #261, seconded by Supervisor Pero. 5 ayes. Gier, Borngraber, Fullone, Kujawinski, Pero. 0 abstain 0 nays
#261 RESOLVED: Town Clerk?s August 2011 Financial Reconciliation Report Be Accepted.
Councilman Fullone moved for adoption of the following motion #262 seconded by Councilman Gier. 5 ayes: Gier, Fullone, Pero, Kujawinski, Borngraber, 0 abstain 0 nays
#262 RESOLVED: Justice Gugino / Justice Crouse August 2011 Financial Reconciliation Report (Bail & Regular) Be Accepted
CEO, Gary Brecker, Brecker reported to the board members on the SUP for Snyder Auto Sales on Route 20: report included details from planning board and all pertinent information.
No September report.
Councilman Kujawinski moved for adoption of the following motion #263 seconded by Councilman Fullone.
#263 RESOLVED: Code Enforcement Officer?s Report of SUP for Snyder Auto Sales Town of Brant. 5 ayes: Gier, Fullone, Pero, Kujawinski, Borngraber, 0 abstain 0 nays
DCO: Barbara Daniel reported: Summary of Complaints: 1 barking dog, 3 stray dogs seized, 42 dog days kenneling. DCO reported numerous cat calls. Supervisor reported good adoption record and residents appreciate.
Councilman Kujawinski moved for adoption of the following #264 seconded by Councilman Gier. 5 ayes: Borngraber, Pero, Fullone, Gier, Kujawinski. 0 abstain 0 nays
#264 RESOLVED: Dog Control Officer?s September 2011 Activity Report Be Accepted As Presented by DCO, Barbara Daniel.
Report Councilman Fullone: Summary: 3632 miles patrolled, fuel usage 338.4 gals, Arrests: Felony: 0, misdemeanor: 15, VNT: 234, Fire calls: 1, First Aid calls: 8, Accidents w/injury: 0, Accident w/no injury: 4, Criminal complaints:2, non criminal:18, Property checks: 202, Streetlights reported out: 13. (Total complaints logged: 727). Police Memo attachment: Halloween will be celebrated on October 31, 2011 from 6 to 8 PM. Watch for trick or treater?s walking on the roadways and parents ? please dress your children in night time visible clothing and carry a flashlight for your safety. Help us have a very safe and happy Halloween.
Councilman Borngraber moved for adoption of the following #265 seconded by Supervisor Pero. 5 ayes: Pero, Borngraber, Gier, Kujawinski, Fullone, 0 abstain 0 nays
#265 RESOLVED: September 2011 Police Activity Report Be Accepted As Presented
Thea Ells reported: Recreation: Final figures given to Gier w/ cost of program to taxpayers ?request a follow up meeting to review procedures ? Gier, Fininzio, Loomis, Ells, DeMaria
Rentals: SCB 2x, 3x groups, RB: 1x, 3x groups. Insurance: meeting w/ agent - reviewed costs, estimates rec?d. CDBG Senior Fitness Center: last voucher expense to Connie ? spoke w/ B. Schefield from Hamburg ? she would like to see gym utilized ?completed paperwork w/ her for additional ins.(BC/BS) For acceptance of exercise program.
Meetings: Town Board: 9/10-9/13-10/5. SEPTEMBER TOWN CLERK CASH REPORT: Total monies rec?d: $2,775.69, Town share: $772.90, NYS Health: $22.50, NY State Ag & Mkts: $54.00, NYS DECALS: $1626.29, Security Deposits: $300.00
Councilman Gier moved for adoption of the following #266 seconded by Councilman Fullone. 5 ayes: Fullone, Pero, Borngraber, Gier, Kujawinski. 0 abstain, 0 nays
#266 RESOLVED: September 2011 Town Clerk Activity Report Be Accepted As Presented
The Planning Board report was read by Secretary, Lynda Ostrowski: Approved SUP to TB for Snyder Auto Sales, ground water impact law to review, new books, PB Attendance: 7 members. Discussion of responsibility of CEO for wells and septic & health dept. Political signs & amend dog law review.
Councilman Gier moved for adoption of the following #267 seconded by Councilman Borngraber. 5 ayes: Gier, Pero, Borngraber, Kujawinski, Fullone. 0 abstain, 0 nays
#267 RESOLVED: To Approve Planning Board Report of September 2011 meeting.
Fire Reports: no reports ? Committee for contract hasn?t had any response from any company, or department.
Acknowledgement of Dignitaries and Invited Guests:
Supervisor Pero read from a Letter of Commendation from Lt. Donald Hepkins concerning Lorraine Golden and her actions on September 6, 2011. Your dedication to detail and for the safety of the students on your bys averted a very tragic situation from happening, when a vehicle careened out of control onto the sidewalk and front lawns of several residences on Erie Road in the Town of Brant. This vehicle passed on the right side of your school bus and skidded sideways between the open door of the school bus and the waiting parents of the children that you were discharging at that moment. You had activated the warning lights and stop signs for the bus, again checking your side view mirrors noticing that the vehicle was out of control , and then proceeded to stop the young students from exiting your bus, which they would have certainly entered into the path of the out of control vehicle if they had. I commend you for your actions. She was also recognized by Lake Shore Central Schools.
Motion made by Leonard K. Pero and seconded by all Board Members.
WHEREAS, the Brant Town Board recognizes the actions of one of our own residents who was alert and used her good judgment in saving the lives of three AJ Schmidt Elementary students on September 6, 2011.
WHEREAS, Lorraine ?Lori? Golden, Lake Shore School Bus Driver & Instructor was honored by the Lake Shore School Board on September 20th, 2011 for saving the children?s lives by blocking their exit from her school bus.
THEREFORE, SO BE IT PROCLAIMED,
By order of the Brant Town Board that on
Saturday October 22, 2011 be recognized in the
Town of Brant as
Lorraine ?LORI? Golden Day
Old Business:
New Town Hall:
Pero reported that Schenne has signed off on project; we have had an issue with the well (fuses), historical society: remainder of items moved by LSYF volunteers. Lights for parking lot are installed, still working on lighting and other items.
November Town Board meeting has been set for Thursday November 10, 2011 due to Election Day.
Advertise Bids for One Ton Truck for Highway:
PLEASE TAKE NOTICE that sealed bids are hereby requested on the following:
One (1) new 2012, one (1) ton cab and chassis heavy duty gas powered dump truck for the Highway Department in accordance with specifications on file in the Town Clerk?s Office, Town of Brant, Brant-North Collins Rd., Brant, New York after October 20th, 2011.
Bids May Be Presented As A Straight Sale Purchase And/or May Include Consideration Of A Trade-In Of The Present 2006 One Ton Cab & Chassis Heavy Duty Gas Powered Dump Truck W/ 9 Ft. Western Plow. This vehicle is presently in use by the Town of Brant Highway Department and may be inspected with appointment by calling 549-4770.
Bid must be submitted in writing to the Brant Town Clerk, no later than 12:00 pm on October 27, 2011. Said bids will be publicly opened at 12:15 p.m. by the Town Clerk & Supervisor of the Town of Brant in the Brant Town Hall, Brant-North Collins Road, Brant, New York, on October 27, 12:15 PM. The Brant Town Board Reserves The Right To Reject Any And All Bids And To Waive Any Informality.
Supervisor Pero moved for adoption of the following #268, seconded by Councilman Gier. Roll Call Vote: Pero-aye, Gier ? aye, Fullone ? aye, Kujawinski - aye, Borngraber- aye, 5 Ayes, 0 Nays, 0 Abstains
#268 RESOLVED: To advertise the above ad for Highway Truck
8:00 PM Public Hearing/Proposed Local Law #2 of 2011 (2% Cap):
Town Clerk, Thea Ells read the following notice which she verified was published in the legal paper of the Town, ?SUN?, and posted on the Clerk?s signboard.
LEGAL NOTICE, TOWN OF BRANT, NEW YORK, NOTICE OF PUBLIC HEARING
Pursuant to resolution of the Town Board of the Town of Brant, New York notice is hereby given that 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 budget year. Copies of the proposed local law are available for review in the office of the Town Clerk. All interested parties will be given an opportunity to be heard. Dated: September 12, 2011, Thea Ells, Brant Town Clerk
Councilman Gier moved for adoption of the following 269, seconded by Supervisor Pero.
5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays
#269: RESOLVED: TO OPEN THE PUBLIC HEARING @ 8:00 PM
Supervisor Pero gave an overview of the 2% cap. His recommendation is not to pass the law to supersede the cap as our budget looks like we will fall under the cap. Pero reported
that there is still mandatory filing that he is required to file for the cap. Discussion continued with some questions such as, can the town supersede the cap another year and is it for only one year.
Supervisor Pero moved for adoption of the following 270, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays
#270: RESOLVED: TO CLOSE THE PUBLIC HEARING @ 8:06 PM
NEW BUSINESS:
Set Public Hearing for Fire & Ambulance Contracts:
Supervisor Pero announced that there will be a Public Hearing for the Fire & Ambulance Contracts which will be set for three (3) years. The notice has to include intent of years of contract and amounts to be paid to each perspective department, company, and/or service.
The hearing will take place on November 10, @ 8:00 PM.
Set Public Hearing for SUP for Snyder Auto Sales:
Supervisor Pero announced that there will be a Public Hearing for a Special Use Permit for Snyder Auto Sales located on Route 20 in Brant. The public hearing will take place on November 10, @ 8:15 PM.
Set Public Hearing for the 2012 Budget for the Town of Brant
Supervisor Pero announced that there will be a Public Hearing for the 2012 Budget, where the Preliminary Budget will be presented. The public hearing will take place on November 10, @ 8:30 PM.
Street Light Resolution:
Councilman Gier moved for adoption of the following #271, seconded by Councilman Kujawinski. Roll Call Vote: Gier ? aye, Kujawinski - aye, Fullone ? aye, Borngraber- aye, Pero-aye, 5 Ayes, 0 Nays, 0 Abstains
#271: RESOLVED that in accordance with agreement dated June 27, 2005, the National Grid Power Corporation be directed to make the following changes in the street lighting system in the Town of Brant.
POLE ANNUAL
LOCATION NO. *REMOVE *INSTALL NO. CHARGE CHARGE
Brant N Collins Rd 120 400 watts Lumens 2 $471.61
*LEGEND
W - Watts I - Incandescent TOTAL NEW ANNUAL CHARGE 471.61
L - Lumens HPS - High Pressure Sodium TOTAL PRESENT ANNUAL CHARGE _________
O - Open MH ? Metal Halide TOTAL INCREASE IN ANNUAL CHARGE $ 471.61
Police Car Resolution:
Supervisor Pero moved for adoption of the following #272, seconded by Councilman Fullone. Roll Call Vote: Pero-aye, Fullone ? aye, Gier ? aye, Kujawinski - aye, Borngraber- aye, 5 Ayes, 0 Nays, 0 Abstains
WHEREAS, the Town of Brant Police Department is in need of a new patrol car, and
WHEREAS, the supervising officer of the Brant Police Department has strongly recommended filling the current need through purchase of a new Ford Crown Victoria Police vehicle due to the exemplary performance record of the Ford Crown Victoria as a patrol vehicle in the department over many years and due to concerns about other makes and models being suitable for departmental needs and incompatible with existing lighting and safety equipment, and
WHEREAS, Ford Crown Victoria?s are no longer available for purchase under the current New York State Contract through the New York State Office of General Services Procurement Program, and
WHEREAS, the Ford Motor Company has announced that it is discontinuing production of the Crown Victoria model, and
WHEREAS, the Brant Police Department has conducted a thorough local and regional search for the availability of a new Ford Crown Victoria Police Patrol vehicle which will meet the requirements of the Brant Police Department, and
WHEREAS, because of the continued strong demand for these vehicles by many police departments, no vehicle was found to be available from any local vendor making local competitive bidding impractical, and
WHEREAS, a vehicle meeting the requirements of the Brant Police Department was recently found through an out-of-state vendor but the said vehicle will only be available for purchase by the Town of Brant if the purchase is made immediately due to demand for the said vehicle.
NOW, THEREFORE, it is
RESOLVED that the Brant Town Board does hereby determine and declare that the purchase of the subject vehicle is a sole source procurement; requiring and justifying an exception to the competitive bidding procedures which would normally be required for this purchase, and it is further
RESOLVED that based upon the sole source situation, the Brant Town Board does hereby authorize the Supervisor to enter into a contract with
Vendor Name and Address: Morrow Brothers Ford, Greenfield, IL
For the purchase of 2011 Ford Victoria Interceptor
At a price of: $22,985.00; and it is further
RESOLVED, that a copy of this Resolution shall be kept with the file for the procurement of this vehicle.
Councilman Gier moved for adoption of the following 273, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays
#273: RESOLVED:
By Order of the Brant Town Board
Halloween
SHALL BE OBSERVED
Monday October 31st, 2011
Only between the hours of
6:00 PM and 8:00 PM
for
?Tricks or Treats?
Residents are requested to leave an outside light on between these hours
to help insure the safety of our
children and to show willingness to
participate in the celebration of Halloween.
Miscellaneous:
Board reviewed and discussed the Solar Panels at the Highway Garage and the savings the town is seeing.
Committee Reports:
Kujawinski reported that the field has been plowed for spring planting at the Town Park.
Borngraber reported that the roof has been repaired on the pavilion at the park.
Pero reported that the budget will need to be adopted by November 20, 2011.
Town Board reports:
Borngraber:
Fullone:
Gier:
Pero:
PRIVILEDGE OF THE FLOOR:
Correspondence:
APPROVAL OF ABSTRACT
Councilman Gier moved for adoption of the following #273, seconded by Councilman Fullone. Roll Call Vote: Gier ? aye, Fullone ? aye, Borngraber- aye, Kujawinski, Pero-aye, 5 Ayes, 0 Nays, 0 Abstains
#273 RESOLVED: TO APPROVE ABSTRACT 10 of 2011 AS FOLLOWS:
*Prepaid and unpaid as of October 11, 2011
Gen Fund Town wide Vouchers pd 400-407, unpd 408-454 Totaling: $64,578.19
Gen Fund ? Part Town Voucher pd: none, unpd #27-31 Totaling: $10,735.51
Highway T.W. Vouchers pd, #74, unpd 75-81, Totaling: $23,369.57
Highway P.T. Vouchers, pd., #26-28, unpd #29-30 (del #31 dup.) Totaling: $6,441.86
Fire Protection: Vouchers: none
Street lighting: $2,328.99
Lotus Bay Sewer Dist 1: Vouchers: #2, Totaling: $4,400.00
Brant Farnham Sewer Dist: Voucher: None
Brant Water Dist 1: Voucher #4, Totaling $2,180.00
Special Grant Fund: Vouchers unpd, #15-16, Totaling: $130.55
Capital Projects: Vouchers pd., none, unpd #41-53, Totaling: $59,303.53
General Town Wide Payroll 8/28/11-09/24/11 Totaling: $ 36,725.47
General Part Town Payroll 8/28/11-09/24/11 Totaling: $587.94
Highway Payroll TW 8/28/11-09/24/11 Totaling: None
Highway Payroll PT 8/28/11-09/24/11 Totaling: $7,965.43
8:30 Break for Public Hearing
CDBG Public Hearing: 8:30 PM
Town Clerk, Thea Ells read the following notice which she verified was published in the legal paper of the Town, ?SUN?, and posted on the Clerk?s signboard.
TOWN OF BRANT, NOTICE OF PUBLIC HEARING
THE TOWN OF BRANT will hold a Public Hearing on Tuesday October 11th, 2011 at 8:30PM at the Brant Town Hall, 1272 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development Funds in the Town of Brant. THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended. THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant. CITIZENS ARE URGED to attend this meeting to make known their views and/ or written proposals on the Town of Brant?s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program. THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible. Those needing special arrangements should call the Town of Brant at (716) 549-0282.By order of the Brant Town Board, Thea A. Ells, Brant Town Clerk, Dated September 23, 2011
Supervisor Pero moved for adoption of the following 275, seconded by Councilman Gier 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays
#275: RESOLVED: TO OPEN THE PUBLIC HEARING @ 8:30 PM
Supervisor Pero stated he had attended a meeting and that only a few projects would be funded this year. He reviewed the recent grants received through the ECCDBG listing: Recreation Fitness Center, and Four Corners Memorial park. The public had no input or ideas. Pero suggested a PA system for the Meeting/Court room, approximate price would be $11,000.00. Councilman Kujawinski asked if the new requirement (which would be in place next spring) for a reader for hearing impaired could be combined in the project, Pero said no it could not and that the Courts may ask for funding as they would use more often.
Supervisor Pero read the proposed list of projects in the Town of Brant; Number One would be the PA system, Number two is Rural Transit.
Councilman Gier moved for adoption of the following 276, seconded by Supervisor Pero. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays
#276: RESOLVED: TO CLOSE THE PUBLIC HEARING @ 8:35 PM
#277: BE IT RESOLVED THAT Supervisor Pero made motion #277, seconded by Councilman Gier, that as Supervisor of the Town of Brant, Leonard K. Pero is hereby authorized and directed to sign, submit and execute a contract with Erie County Community Development Block Grant (ECCDBG) program for the following projects upon approval of ECCDBG.
1) Ronco Sound System System for New Town Hall - $11,000.00
2) Rural Transit
A Roll Call vote taken of the following members present. The vote being: Supervisor Leonard K. Pero-aye, Councilman Jeffrey Gier, Councilman Daniel Kujawinski-aye, Councilman Vincent Fullone ?aye, Councilman Clark Borngraber-aye
Councilman Borngraber motioned to adjourn the Town Board, seconded by Councilman Fullone. 5 ayes: Borngraber, Fullone, Pero, Kujawinski, Gier. 0 abstain 0 nays
#278 RESOLVED: October 11 Town Board Meeting adjourned at approximately 8:36 PM in Memory of Timothy Kobel.
Respectfully submitted,
Thea A. Ells, Brant Town Clerk