MINUTES OF TOWN BOARD MTG 5/12/09


Minutes: Town Board Meeting Tuesday May 12th, 2009, at 7:30 PM, Brant Town Hall. 	

Present: Supervisor Leonard Pero, Councilman Roseann Turner, Councilman Jeffrey Gier,  Councilman Daniel Kujawinski, Councilman Vincent Fullone, Attorney John Grennell, Recording Secretary: Town Clerk Thea Ells

Record of Sign In: Lee Brunelli, Jean Brunelli, Joseph Giambrone, Charles Arrigo, Brian Rott, Debra Ritz, Joseph Gardyjan, Brian Campbell, Ron Kobel, Beverly Wasmund,  Janet Bowman, John Arrigo, Tim Kobel, Charlie Greiner, Laurie Greiner, Linda Crouse

Clerks note: Town Board members met April 28th with the Planning Board (minutes taken)
Workshop was held before this meeting and was attended by all board members at 7:00 pm. 
The meeting was called to order by Supervisor Pero at 7:30 PM with a pledge to the flag. 

Councilman Turner moved for adoption of the following motion #173, seconded by Councilman Fullone: 5 ayes: Pero, Turner, Kujawinski, Gier, Fullone. 0 nays 
# 173: RESOLVED: TOWN BOARD MEETING MINUTES FROM APRIL 14 MEETING ARE APPROVED AS PRESENTED 

Councilman Turner moved for the adoption of following motion #174, seconded by Councilman Fullone. Pero, Kujawinski, Tuner, Gier, Fullone 5 ayes: 0 nays 
#174: RESOLVED SUPERVISORS MARCH 2009 FINANCIAL REPORT IS APPROVED AS PRESENTED

Councilman Gier moved for adoption of the following motion #175, seconded by Councilman Fullone:  5 ayes: Pero, Turner, Kujawinski, Gier, Fullone. 0 nays
#175 RESOLVED: TOWN CLERK?S MARCH 2009 & APRIL TAX COLLECTION FINANCIAL RECONCILIATION REPORTS BE ACCEPTED AS PRESENTED

Councilman Gier moved for adoption of the following motion #176, seconded by Councilman Turner. 5 ayes: Pero, Turner, Kujawinski Gier. 0 nays
#176: RESOLVED: 2009 MARCH JUSTICE GUGINO & JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED

Gary Brecker CEO read his report and board had discussion concerning appearance tickets, fines, and compliance schedule. Brecker would like to put the names of violators in paper and start fines ASAP.  Attorney Grennell will look into legalities.  
Councilman Turner moved for adoption of the following motion #177, seconded by Councilman Kujawinski 5 ayes: Pero, Gier, Turner, Kujawinski, 0 nays
 #177 RESOLVED: APRIL 2009 CODE ENFORCEMENT OFFICER REPORT AS PRESENTED 
Board acknowledged receipt of letter from William Easterling- all members will review.

Councilman Turner moved for adoption of the following #178, seconded by Councilman Kujawinski.  5 ayes: Pero, Gier, Kujawinski, Turner, Fullone 0 abstain
#178: RESOLVED: APRIL 2009 DOG CONTROL OFFICER?S ACTIVITY REPORT AS PRESENTED

Councilman Turner moved for adoption of the following #179, seconded by Supervisor Pero. Discussion of amount of tickets on Route 5 and overflow of parking on court nights.  4 ayes: Pero, Turner, Kujawinski, Fullone. 1 abstain Gier. 
#179: RESOLVED: MARCH 2009 POLICE ACTIVITY REPORT BE ACCEPTED AS PRESENTED

Councilman Kujawinski moved for adoption of the following #180, seconded by Councilman Gier.  5 ayes: Pero Gier, Kujawinski, Turner. O nays 
#180: RESOLVED: MARCH TOWN CLERKS ACTIVITY REPORT TO 	THE 	BOARD BE ACCEPTED AS PRESENTED

Councilman Gier moved for adoption of the following #181, seconded by Councilman Turner.  5 ayes: Pero Gier, Kujawinski, Turner. O nays 
#181: RESOLVED: MARCH PLANNING BOARD REPORT TO THE BOARD 	BE   ACCEPTED AS PRESENTED

Acknowledgement of Dignitaries and Invited Guests:
Supervisor Pero was asked to acknowledge Linda Crouse who presented Lee Brunelli with a plaque for 50 years of attendance to Brant Town Board Meetings. 


OLD BUSINESS: 
Proposed Local Law # 2 of 2009
Attorney Grennell informed the board that due to a municipal law, the Town needs to complete a SEQR, and notify surrounding municipalities of any zoning use change. 
This should be accomplished before the next meeting.
 Supervisor Pero moved for adoption of the following motion #182, seconded by Councilman Fullone. Roll Call Vote: Pero ? aye, Fullone- aye, Kujawinski- aye, Gier ? aye, Turner- aye, 5 ayes  0 nays 
#182 RESOLVED: To set the public hearing for Proposed Local Law #2 of 2009 for Tuesday June 9th at 8:00 pm at the Brant Town Hall during the Boards? regularly scheduled meeting

Brant Grounds Maintenance Contract
Bid opening was at 3:00 PM on Monday May 4th in the Town Clerks Office: one bid received and opened from DM&K in the amount of $12,800.00 per spec?s. Clerk verified insurance certificate received. 
Councilman Gier moved for adoption of the following motion #183, seconded by Supervisor Pero. Roll Call Vote: Gier ? aye, Pero ? aye, Turner- aye, Fullone- aye, Kujawinski- aye. 5 ayes, 0 nays  
# 183 RESOLVED: Award DM&K (Allan Nolan) contract for grounds maintenance for Town of Brant grounds & Town Hall snow shoveling for one year. 

Brant Summer Fest Tractor Pull
Supervisor Pero stated according to Trident Insurance the Town is not covered for any competition with wheels and the group holding the tractor pull would have to have four to five million in coverage.  The board members agreed not to hold a tractor pull. The Brant Summer Fest is scheduled for Sunday June 21. 

LSYF Concession Stand
Board members and planning board met on April 28th and decision was made to place the concession stand where the old building is currently (top of park ? behind recreation bldg.).
Since then old building was burned, the concrete and remains are being cleaned up by Montleone Co.  
LSYF volunteers will be working under LSYF insurance and John Killian Builders insurance and board members discussed the agreement between LSYF and the Town for use, maintenance, etc for the building. Attorney Grennell said there may be some minor modifications to the agreement. 

Pool & Spa Safety Act: 
Watson Pools in Eden retrofitted covers for the drains on the pool for approx. $600.00 and Colley Pools gave us an estimate for approx. $3,000.00.  Health Dept approved the retrofitted covers. Joe Giambrone discussed pool with board members. 

Code of Ethics:
Councilman Kujawinski asked if the Board of Ethics members have met yet and reviewed the amendments for the Code of Ethics.  Kujawinski named section I which concerns political issues and subordinates, members agreed Board of Ethics should be asked to meet.
 
Employee handbook:
Handbook was discussed ? Pero stated part time employees are to be paid for holidays as the days are already covered in the budget and that no vacation is paid to part time help. 

NEW BUSINESS: 

Recreation salaries
S. Pero stated Vincent Fininzio would like an attendee to help him, with a difference in hourly salary of $2.00 an hour and an additional $3.25 for additional duties at pool for scheduling and checking pool water, ordering supplies when needed. Salary difference will be paid while performing additional duties. Interviews will be held for recreation attendees and lifeguards May 28th, with recreation parent advisory committee in attendance also, Joseph DeMaria, Michele Browning and 
Supervisor Pero moved for adoption of the following motion #184, seconded by Councilman Fullone. Roll Call Vote: Pero ? aye, Fullone- aye, Turner- aye, Gier ? nay, Kujawinski- nay
 3 ayes  2 nays 
#184 RESOLVED: $7.15 for recreation attendees with 2.00 an hour while performing additional duties, number of attendees is dependent on how many children attend and lifeguards hourly salary at $8.75 with additional $3.15 an hour for performing additional duties.   



Memorial Day Observance: will be held 9:00 am on May 25th at Memorial Park 

Wind Energy: Public meeting will be held Wednesday June 10th at the Senior Community Building at 7:00 pm.

Pool House Roof: 
Board members discussed condition of roof on pool house ? Joe Giambrone can patch for now, but asked for a couple quotes to compare if we can replace this year or just patch. 

Supervisor Pero asked for approval of four part time labor positions to have work done at park. Hourly rate will be minimum wage at $7.15. Paper work will be sent to civil service. Laborers will be working under supervision of Parks Commissioner Pero.	

Councilman Fullone moved for adoption of the following motion #185, seconded by Councilman Turner. Roll Call Vote: Fullone- aye, Turner- aye, Kujawinski- aye. Gier ? aye, Pero ? aye 5 ayes, 0 nays  
 #185 RESOLVED: Approved to add to civil service roster: four part time labor positions at minimum wage. 

Councilman Turner moved for adoption of the following motion #186, seconded by Supervisor Pero. Roll Call Vote: Turner- aye, Pero ? aye, Fullone- aye, Gier ? aye, Kujawinski- aye. 5 ayes, 0 nays  
#186 RESOLVED: Approved to hire two laborers part time at $7.15 an hour: Charles Odi and Timothy Yohn.	

Video Equipment grant for Energy Fair:
Supervisor Pero received notification from Jack Quinn?s office that we will be receiving $2,500.00 to be used for lap top and projector for use at Energy Fair under community development discretionary funding. 	

Concerts in the Park:
The Town was awarded $1,000 for concerts in the park this year a little less than other years and the schedule is set as follows Monday July 6th ? Country Joe, Monday July 13th - 23 Skidoo (Featuring Dick O?Dell), Monday July 20th ? Billy McEwen, Monday July 27th ? Large Marvin, Monday Aug 3rd ? Kokomo Time Band, Monday Aug 10th ? Tom Stahl & The Dangerfield?s, Monday Aug 17th ? Switchback, Monday Aug 24th ? Two of a Kind (Featuring Linda Giancarlo)
Please spread the word and attend the concerts. 


CDBG Recreation Building: 
Supervisor Pero reported that the County Planning for community development monies has received more funding and have been reviewing projects and they may pro- rate the grant for our in kind share and the Town may receive $55,640.00, for the project.  The grant will need to be revised and the board members were all advised and agreed to accept the grant.  

Reports of Committees 

New Town Hall Committee: Met May 11 discussion about floor plan ? subcommittee for floor plan, floor plan for court being revised. Rough figures were discussed.  Next mtg. tentatively June 8, 2009
Highway Committee: Kujawinski & Gier Decals arrived (50 black/50 white), inventory is still being worked on.
Time Clocks: Fullone ? Libetour ? waiting for install
Town Board Reports:
Gier: Fuel Master ? still compiling information
Pero: 
Local college internship program ? looking into  
Seniors ? review of their minutes ? Picnic will be on June 24th at the recreation building 
Highway ? five flags for posts needed ? Route 249 bridge will be closed June ? August
Park: Pool is being painted, concession stand is starting, pad for gazebo will be put down tomorrow, shelter to set on old basketball site, to receive 8 tables from Elma Meadows ? county park, two grills were built, tree will be purchased for Memorial Park, small walk path will be added to Memorial Park, Local 17 will be back for more work on park expansion. 
Grant ? looking into grant for various new equipment for police department 

Project updates:
SWRW: Pero read funding correspondence ? SEQR needs to be completed ? joint meeting with Village of North Collins, discussion of going back to drawing board for water system with Erie County Water Authority
CDBG Study for economic development will be holding a public information meeting on June 16 at Community Building
Drainage issues on Brant Reservation ? county is to look into  
Memorial Park ? Memorial Day May 25th Pero requested tree to be planted in honor of past Highway Superintendents who did Park work: Joe Muscato, Hermie Muscato and Billy Giambrone ? Also put a plaque up for Herman Ciminesi for his work on Park
Highway Superintendent reported road work to be done and CHIPs dollars to be used
Portable building donation ? Pero wrote letter to Buffalo Schools to show interest for portable classrooms  
Farm Trail plans with South town Coalition
Boys & Girls Club: Golf Tournament and they need volunteers to be involved with program 
SIT ? bus route for elderly, etc basically giving south towns? mass transit ? under discussion 
NYS Audit & Control: letter acknowledging they received our letter of correction for audit

Pero (read) & responded to letter concerning contact information and hours for Supervisor from Clark Borngraber 
Pero read letter of thanks form Gordon Brumagin for police checks during their vacation, and a letter requesting verbal recognition and support for Girl Scout merit. 
Evans Chamber of Commerce Happenings posted - Tobacco free acknowledged receipt of resolution and invite to ceremony.
Pero reported attendance at 18 meetings in April

Councilman Turner moved for adoption of the following #187, seconded by Supervisor Pero.  Roll Call Vote: Turner- aye, Pero-aye, Gier ? aye, Fullone ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains Kujawinski questioned a late fee paid for a radar gun purchase and a voucher from CRA and which project it was for.  
#187 RESOLVED TO APPROVE ABSTRACT 5 0F 2009 FOR PAYMENT  
Abstract 5 0f 2009      Prepaid and unpaid as of May 11, 2009
General Fund Town wide Vouchers prepaid 143-149/Unpaid 150-184 / Totaling: $24,823.08
General Fund ? Part Town No Pre Paid / Paid 11-13 Totaling: $11,769.01
Highway Fund T.W.  Vouchers prepaid 44-45 / Unpaid 46-49 Totaling: $2,519.42 

Highway Part Town Vouchers: prepaid: None / Unpaid 8 Totaling: $1,908.66

Street lighting ? Voucher #4 paid Totaling $1,965.65
Brant Farnham Sewer ? Voucher #1 Unpaid Totaling: $2,900.00
Brant Water District 1 ? Voucher #3 deleted, entered in error

08/09 CDBG Route 5 Study ? Voucher 3 unpaid, totaling: $2,083.00
Highway Payroll PT 3/29 to 4/25/09 Totaling: $3908.70
Highway Payroll TW 3/29 to 4/25/09 Totaling: $4,171.23
General Town Wide Payroll 3/29 to 4/25/09 Totaling $25,957.36 
General Part Town Payroll 3/29 to 4/25/09 Totaling $569.66

Supervisor Pero moved for adoption of the following motion #188, seconded by Councilman Fullone. Roll Call Vote: Pero ? aye, Fullone- aye, Kujawinski- aye, Gier ? aye, Turner- aye
 5 ayes, 0 nays  
#188 RESOLVED: to pay Tim Yohn contracting for painting of pool which included sweep, clean, etc. for $750.00 

Councilman Gier moved for adoption of the following motion #189, seconded by Councilman Kujawinski. Roll Call Vote: Gier ? aye, Kujawinski- aye, Pero ? aye, Turner- aye, Fullone- aye. 5 ayes, 0 nays  
#189 RESOLVED: to retire to executive session for discussion of personal and legal opinion at 8:40 pm
 
 Councilman Gier moved for adoption of the following motion #190, seconded by Councilman Turner. Roll Call Vote: Gier ? aye, Turner- aye, Pero ? aye, Fullone- aye, Kujawinski- aye. 5 ayes, 0 nays  
#190 RESOLVED: to return from executive session at 9:00 pm
 
Councilman Gier moved for adoption of the following #191, seconded by Councilman Kujawinski.  5 ayes: Pero, Gier, Kujawinski, Fullone, Turner 0 nays
#191 RESOLVED: TO ADJOURN THE MAY MEETING OF THE BRANT TOWN BOARD AT 9:07 PM

Respectfully submitted,

Thea A. Ells, Brant Town Clerk