Minutes of the Jan 12, 2010 TB Mtg


Minutes: Town Board Meeting Tuesday January 12, at 6:00 PM, Brant Town Hall. 	

Present: Supervisor Leonard Pero, , Councilman Jeffrey Gier,  Councilman Daniel Kujawinski, Councilman Vincent Fullone, Councilman Clark Borngraber Attorney William J. Trask Sr. Town Clerk Thea Ells

Record of Sign In: Lee Brunelli, Joseph Giambrone, Charles Arrigo, Brian Rott, Debra Ritz, Brian Campbell, Ron Kobel, Beverly Wasmund, Janet Bowman, Tim Kobel, Charlie Greiner, Loretta Giambrone, William Easterling, Joseph & Jan DeCarlo, Martin Rosiek, Barbara & Mike Daniel, Chad Kaczmarek, Sam Lojacano, Joe & Lynda Ostrowski, Ellsworth Nolan, Timothy Marien, Kirk Ritz, Jeff Mackler, Donna Borngraber, Stan Kijek, Sam Chiavetta, Don Clark, George Cordia, Rose DeMaria 

Clerks note: Town Board members met at 6:00 PM as called by the Supervisor at the Organizational Meeting January 4th, 2010. 

The meeting was called to order by Supervisor Pero at 6:00 PM.

Supervisor Pero moved for adoption of the following motion #1, seconded by Councilman Fullone: 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber. 0 nays 
# 1: RESOLVED: TO GO TO EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS AT 6:00 PM. 

Supervisor Pero moved for adoption of the following motion #2, seconded by Councilman Gier: 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays 
# 2: RESOLVED: TO CLOSE EXECUTIVE SESSION AT 7:33 PM. 

The meeting was called to order by Supervisor Pero at 7:34 PM with a pledge to the flag. 

Councilman Gier moved for adoption of the following motion #3: To accept the Minutes presented for Town Board Meeting December 8, 2009. No second, no comment or discussion. Motion will be considered at next meeting.  

Councilman Fullone moved for the adoption of following motion #4, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#4: RESOLVED SUPERVISORS NOVEMBER 2009 FINANCIAL REPORT IS APPROVED AS PRESENTED
Councilman Fullone moved for adoption of the following motion #5, seconded by Councilman Gier. Roll Call Vote: Fullone ? aye, Gier ? aye, Kujawinski- aye, Pero-aye, Borngraber ? Abstain, 4 Ayes, 0 Nays, 1 Abstains 
#5: RESOLVED TO APPROVE THE FOLLOWING BUDGET MODIFICATIONS FOR THE PERIOD ENDING NOVEMBER 30th, 2009 AS RECOMMENDED BY THE TOWN ACCOUNTANT AS PRESENTED 
Budget	Dec From/	Fund Account	Amount
Modification	(Inc) To	Code	Description	Object	Over Budget
General Fund Townwide (A)
 $       149.00 	Decrease	A1110.41	Muni Court-Contr Expend/Gugino	Contr Expend	
 $      (149.00)	Increase	A1110.12	Muni Court-Clerk Pers Svs/Gugino	Pers Serv	148.11 
					
 $       666.00 	Decrease	A1355.11	Assessment-Clerk	Pers Serv	
 $      (666.00)	Increase	A1355.4	Assessment	Contr Expend	665.14 
					
 $       199.00 	Decrease	A1990.4	Contingent Account		
 $      (199.00)	Increase	A1460.4	Records Management	Contr Expend	198.26 
					
 $         85.00 	Decrease	A1990.4	Contingent Account		
 $        (85.00)	Increase	A3510.4	Control of Dogs	Contr Expend	84.07 
					
 $         29.00 	Decrease	A1990.4	Contingent Account		
 $        (29.00)	Increase	A5010.4	Highway Administration	Contr Expend	28.82 
					
 $       509.00 	Decrease	A1990.4	Contingent Account		
 $      (509.00)	Increase	A5132.4	Garage	Contr Expend	508.06 
					
 $       115.00 	Decrease	A7110.2	Parks	Equip & Cap Out	
 $      (115.00)	Increase	A7110.1	Parks	Pers Serv	114.40 
					
 $       407.00 	Decrease	A7110.2	Parks	Equip & Cap Out	
 $      (407.00)	Increase	A7180.4	Pool	Contr Expend	406.73 
					
 $       196.00 	Decrease	A9015.8	Police & Fire Retirement System	Emplee Benefits	
       1,235.00 	Decrease	A9040.8	Workmans Compensation	Emplee Benefits	
          750.00 	Decrease	A9050.8	Unemployment Insurance	Emplee Benefits	
       1,051.00 	Decrease	A9730.6	Bond Anticipation Notes-Prin		
 $     3,232.00 	Increase	A9010.8	State Retirement System	Emplee Benefits	3,232.00 
					
 $     1,325.00 	Decrease	A7110.2	Parks	Equip & Cap Out	
 $    (1,325.00)	Increase	A9901.9	Interfund Transfer		1,324.29 
	Budget increase to cover the Town's share of the Routes 5 & 20 Study funded by a CDBG Grant in the
	Special Grant Fund (CD).  ThIs Grant has been closed and submitted for reimbursement of $19,000. 
					
					
					
					
					
 $     6,688.07 	Increase	A510	Estimated Revenues	 	 
 $    (6,688.07)	Increase	A960	Appropriations		 
 					 
 $     6,688.07 	Increase	A3902	St Aid-Planning Studies/Energy Park		 
 $    (6,688.07)	Increase	A8410.4	Electric & Power/Energy Park Study	Contr Expend	6,688.07 
 					 
 	To increase the 2009 Budgeted revenues and expenditures for the final Grant expenses paid during
 	2009.  This Grant has been closed  and submitted for reimbursement of the balance due of $9,443.57.
					
General Fund Part Town(B)
 $         73.00 	Decrease	B1990.4	Contingent Account	Contr expend	
 $        (73.00)	Increase	B8010.4	Zoning	Contr expend	72.63 
					
					
Highway Fund Part Town (DB)
					
 $       192.00 	Decrease	DB5110.4	General Repairs	Contr expend	
 $      (192.00)	Increase	DB9010.8	State Retirement System		192.00 
					
 $       321.00 	Decrease	DB9040.8	Workmans Compensation		
 $       673.00 	Decrease	DB5110.4	General Repairs	Contr expend	
 $      (994.00)	Increase	DB9060.8	Medical & Dental Insurance		1,451.29 
 	 	 	 	 	 
					
Special Grant Fund (CD)
 $     1,325.00 	Increase	CD5031	Interfund Transfers	Revenue	
 $    (1,325.00)	Increase	CD8687.4	Economic Develop-Rts 5 & 20 Study	Contr expend	1,324.75 
	Budget increase to record the Town's share of the Routes 5 & 20 Study.	
 	 	 	 	 	 

Councilman Gier moved for adoption of the following motion #6, seconded by Councilman Kujawinski 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#6 RESOLVED: TOWN CLERK?S NOVEMEBER 2009 FINANCIAL RECONCILIATION REPORTS BE ACCEPTED AS PRESENTED

Supervisor Pero moved for adoption of the following motion #7, seconded by Councilman Gier. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#7: RESOLVED: NOVEMBER 2009 JUSTICE GUGINO FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED

Supervisor Pero moved for adoption of the following motion #8, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#8: RESOLVED: NOVEMBER 2009 JUSTICE CROUSE FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED

Councilman Kujawinski moved for adoption of the following motion #9, seconded by Councilman Fullone 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
 #9 RESOLVED: DECEMBER 2009 CODE ENFORCEMENT OFFICER REPORT AS PRESENTED Summary: Inspections: Field -13, construction, court compliance 4, occupancy issued ? 1, court appearances- 4, building permits issued- 3,  meetings attended -1

Councilman Kujawinski moved for adoption of the following #10, seconded by Supervisor Pero 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#10 RESOLVED: DECEMBER 2009 DOG CONTROL OFFICER?S ACTIVITY REPORT AS PRESENTED Summary:  4 dogs at large



Supervisor Pero moved for adoption of the following #11, seconded by Councilman Kujawinski 4 ayes: Pero, Fullone, Kujawinski, and Borngraber. 0 nays, Gier 
#11: RESOLVED: DECEMBER 2009 POLICE ACTIVITY REPORT BE ACCEPTED AS PRESENTED Summary: 5023- miles patrolled, Arrests: Felony -3, misdemeanor- 4, V&T- 140, complaints ? 33, property checks ? 175

Councilman Kujawinski moved for adoption of the following #12, seconded by Councilman Gier. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#12: RESOLVED: DECEMBER TOWN CLERKS ACTIVITY REPORT TO THE BOARD BE ACCEPTED AS PRESENTED Summary: Total monies rec?d - $1,471.03, Town share $713.89, Erie County $8.87, NYS Comptroller (Bingo) $588.75NY State Ag & Mkts $3.00, NYS DECALS $59.52, Security Deposits $100.00 Clerk distributed to Board Annual Cash report. Clerk reported uses of building by groups and organizations and Census application job sign up and classes, also reported refuse pick up changes for various roads, (Brant Farnham, Milestrip, Hammond, Hardpan and Route 20 will be picked up on Thursday.) 

PLANNING BOARD REPORT ? no meeting 

Councilman Gier reported that as liaison he is asking the Fire Dept.?s to give reports to the Town Board of Activities and calls. He acknowledged that so far he had only contacted Chief Pero of the Brant Fire Co. Chief Pero reported 116 calls for the year with 9 in December. 
 
Acknowledgement of Dignitaries and Invited Guests:

OLD BUSINESS: 
Rules of Civility: 
Councilman Kujawinski presented the rules which were distributed and discussed at the Organizational meeting. Supervisor Pero questioned, Why? Kujawinski stated, hopefully for better deportment of behavior. Attorney Trask stated these rules would be part of Agenda and rules for how the Town Board meeting should be conducted. Councilman Kujawinski moved for adoption of the following #13, 
Pero question the motion? Pero: statement, that Freedom of Speech was platform for running for office of some members of Board, and public can now speak at meeting and now these rules ? why?  Kujawinski stated for civility during meetings. Discussion continued and rules were read aloud: 

 ?Rules of Civility for Participation in Board and Committee Meetings in the Town of Brant? 
The Brant Town Board declares that the business of town government is a community endeavor requiring an environment that fosters the exchange of ideas in an atmosphere of civility and mutual respect. Recognizing that public discourse is essential to the effective functioning of a representative democracy, the Brant Town Board hereby adopts the following ?Rules of Civility? which will apply to every official, member of the public, visitor and guest attending or participating in meetings of the Brant Town Board and other duly-constituted boards or committees of the Town of Brant. 
1. We seek to understand one another?s point of view. 
2. Speakers who have the floor are permitted to deliver their comments without interruption. 
3. Comments should focus on Town of Brant issues or the particular issue before the board or committee, not on persons or personalities. 
4. Anger, shouting, rudeness, cursing, vulgarity, ridicule, impatience and lack of respect for others are not acceptable behavior. 
5. Sidebar discussions while others are speaking must be removed from the meeting room so as to not be disruptive to those conducting or participating in Board business. 
6. Demonstrations in support of or in opposition to a speaker or idea such as clapping, cheering, booing or hissing, as well as any form of intimidating body language is not acceptable. 

?Privilege of the Floor? at Town Board Meetings 

Public comment shall be during the ?Privilege of the Floor.? In addition to the ?Rules of Civility? noted above, the following rules and procedures apply to participation in the Privilege of the Floor portion of the meeting. 
1. Persons wishing to speak should raise their hand to be recognized. 
2. Speakers should identify themselves for the record. 
3. Comments are to be directed to the Town Board and speakers may be required to speak from a specified location so their comments may be properly recorded. 
4. To allow time for all points of view, speakers are allotted three (3) minutes to speak. 
5. Failure to abide these rules may result in forfeiture of a speaker?s exercise of Privilege of the Floor. 

The Brant Town Board encourages everyone to take the initiative to make things better and help create an atmosphere which fosters fair discussion and exchange of ideas without fear of personal attacks.  
Councilman Borngraber seconded the motion, Roll Call Vote: Kujawinski- aye, Borngraber ? aye, Pero-nay, Fullone ? aye, Gier ? aye, 4 Ayes, 1 Nays, 0 Abstains
# 13 RESOLVED: ?Rules of Civility for Participation in Board and Committee Meetings in the Town of Brant? ?Privilege of the Floor? at Town Board Meetings as stated above will be inserted into the Board Meeting Procedures. 
Attorney Trask asked that agenda be corrected to read #12 ?Privilege of Floor? and drop the recognized. 

Items Tabled from the Organizational Meeting: 

The following items which are not moved on will be tabled till the next meeting as the named councilman are asked to report at next meeting: *

*Approval of Blanket Bond for Town Officials ?Fullone 
*Appointment of BOAR member and secretary - C. Kujawinski. 
*Appointment of ZBA & Planning Boards secretary ? Borngraber & Kujawinski

Supervisor Pero moved for adoption of the following #14, Councilman Kujawinski seconded the motion, Roll Call Vote: Pero-aye, Kujawinski- aye, Gier ? aye, Fullone ? aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains
#14 RESOLVED: Approve entering into a one year contract in the amount of $15,000.00 with Connie C. Miner for grant writing services subject to and review of contract terms by the Town Attorney  

Supervisor Pero moved for adoption, Appointment of custodians: Seconded by Councilman Fullone. A roll call vote was taken: Pero-aye, Fullone?aye, Borngraber-aye, Gier-aye, Kujawinski-aye, 5 ayes, 0 nays   
# 15 RESOLVED: Custodians named Goldie DeSaviro, Marge Bates and John Bates for a one year term @$9.50 /per hr/total cap at $7,500.00

Board members had discussion to place next item listed: pay rate and appointment of patrolman, under old business item entitled ?Reorganization of Brant Police Dept.? 

Supervisor Pero read the following 
 #16 Highway workers Bill Wesp receive a 3% increase of .55 cent per hr and Marion Kijek a .53 per hr. Pero statement: that increase could bring department budget over and budget constraints need to be strictly adhered to. 
Councilman Gier made the motion, Councilman Kujawinski seconded.   Roll Call Vote: Gier ? aye, Kujawinski- aye, Pero-nay, Fullone ? nay, Borngraber ? aye, 3 Ayes, 2 Nays, 0 Abstains #16 APPROVED

Supervisor Pero read the following resolution:
 #17 - appointment of Town Electrician Tim Clark @ $15.00 per Hr. as needed ? contract basis, one year contract. Responsibility/authority to call for services Superintendent of Buildings and Grounds and Supervisor. Councilman Fullone moved for adoption, seconded by Supervisor Pero.  A roll call vote was taken: Fullone-aye, Pero-aye, Gier-aye, Kujawinski-nay, Borngraber- aye. 4 ayes, 1 nays #17 APPROVED 

Supervisor Pero read the following resolution:
 #18 - appointment of Code Enforcement Officer/ Building Inspector: Gary Brecker for a one year term at annual salary $6,900.00 (clerk inserted per budget)
Board discussion on contradictions in Town Law (Public Officers Law) and Town Code of whose appointment and who can fill the position.  The Board has proposed Local Laws to address this situation. Attorney Trask informed the Board that the recommended laws are from Association of Towns to rectify this problem. Pero would like to review information.  Supervisor Pero moved for adoption, seconded by Councilman Fullone. A roll call vote was taken: Pero-aye, Fullone?aye, Borngraber-aye, Gier-nay, Kujawinski-nay, 3 ayes, 2 nays   #18 Approved

Clerk Note: 
**Items Tabled from Org listed - not addressed:
Appointment of Planning Board Chairman
Appointment of Board of Ethics
Parks Commissioner and budget (civil service position)
Establish duties of buildings and grounds superintendent 
Position of Deputy Highway Superintendent (civil service)

Supervisor Pero said that at the last board meeting there was a motion which reduced the Judges salary and their amount was passed at the time the budget was approved and the Judges took office on January 1st so therefore their salary cannot be reduced during their term.  Supervisor Pero made a motion #19 ?to reinstate the justice pay to $11,000.00? seconded by Councilman Fullone, Pero asked for a roll call vote. Attorney Trask asked if there would be discussion. Attorney Trask said there was a single resolution for all elected salaries and the only debate was over the Supervisor salary. Pero stated the SUN reported a decrease to Judges. Councilman Gier asked for either all offices to be considered as a whole resolution or each office to be recognized separately.  Supervisor Pero stated that discussion was held on this subject in executive session concerning that elected officials should receive the amount shown on and passed in the 2010 budget. Supervisor Pero made a motion to approve salaries for elected officials as stated in budget. Clerk reminded there was a motion on the floor which was seconded, 
#19 ? Roll call vote: Pero-aye, Fullone?aye, Gier-aye, Kujawinski-nay, Borngraber-aye, 4 ayes, 1 nays 0 Abstain
 #19 APPROVED to reinstate the justice pay to $11,000.00 as per indicated in 2010 budget line 

Supervisor Pero stated the Supervisors pay was at $18,000.00 in 2009, and brought forward a motion same as for judges ?#20 that Supervisor salary reflect the 2010 budget line amount for supervisor without separate pay for budget officer or from any other department. Supervisor asked for a motion Councilman Fullone made the motion, seconded by Councilman Gier. #20 ? Roll call vote: Fullone?aye, Gier-aye, Kujawinski-nay, Borngraber-aye, Pero-abstain, 4 ayes, 0 nays 1 Abstain
 #20 APPROVED to reinstate the supervisors pay to $18,000.00 as per indicated in 2010 budget line 

Attorney addressed the Board that the motion for elected officials as a whole did not pass at the Organizational meeting therefore a motion should be presented covering all salaries. 
#21 - Designation of salaries: Councilmen (4) @$4,350.00 each /yr, Town Clerk@$25,200.00/yr, Highway Superintendent $22,260.00
 Supervisor Pero moved for adoption, seconded by Councilman Gier. A roll call vote was taken:  Pero-aye, Gier-aye, Kujawinski-aye, Fullone?aye, Borngraber-aye, 5 ayes, 0 nays   #21 APPROVED


?Reorganization of Brant Police Department?

Supervisor Pero made a motion #22 to approve the following  appointments of Part time police officers whose compensation for hours worked may not exceed 19.5 hours per week patrolman  Ronald Raczka @ $16.35, investigator - John Giacchino @ $16.35, patrolmen ? David Hock, ? Rick Lopez, @ $16.30/ per hr., patrolmen ? Re? Biastre, ? John Lopez, ? Mark Slawek, each at $15.75, patrolmen ? Gerald  O?Brien, ? Mike Perry, & patrolwomen,?Jennie Allessi, each @ $15.50/per hr; patrolmen ? Nick Nesci, ? Tom Kurdziel each at $15.25/per hr; patrolmen - Anthony Caber, - Nathan Miller, - Sean Hotnick each at $15.10/per hr; and all cap at $100,000.00  court bailiff -Samuel Pinto@ $15.50 per hr. /cap at $3720.00. 
MOTION: to approve compensation for above Patrolmen
Discussion from Councilman Gier that title of investigator needs to be removed as we have no such designation with civil service. 
#22 seconded by Councilman Fullone. A roll call vote was taken:  Pero-aye, Fullone?aye, Gier-nay, Kujawinski-nay, Borngraber-nay, 2 ayes, 3 nays, 0 abstain  
 #22 DEFEATED


Councilman Gier made  motion #22A Resolved, to confirm the appointment of the  following  individuals as of Part time police officers whose compensation for hours worked may not exceed 19.5 hours per week patrolman  Ronald Raczka @ $16.35, patrolmen - John Giacchino @ $16.35,? Rick Lopez, @ $16.30/ per hr., patrolmen ? Re? Biastre, ? John Lopez, ? Mark Slawek, each at $15.75, patrolmen ? Gerald  O?Brien, ? Mike Perry, & patrolwomen,?Jennie Allessi, each @ $15.50/per hr; patrolmen ? Nick Nesci, ? Tom Kurdziel each at $15.25/per hr; patrolmen - Anthony Caber, - Nathan Miller, - Sean Hotnick each at $15.10/per hr; and all cap at $100,000.00  court bailiff -Samuel Pinto@ $15.50 per hr. /cap at $3720.00. 
#22A seconded by Councilman Borngraber. Pero commented that David Hock not on list, Attorney reminded board of appointment of Joshua Nolan ? yes,  Pero Q. - what is the reason for eliminating David Hock. None given. A roll call vote was taken: Gier-aye, Borngraber-aye, Pero-nay, Fullone?nay, Kujawinski-aye, 3 ayes, 2 nays, 0 abstain  
 #22A APPROVED

Councilman Gier made motion #24 Resolved, that the following individuals are hereby removed from the list of part time police officers of the Town of Brant, David Hock, and further resolved that Erie County Civil Service be immediately notified of these changes by the Supervisor. #24 seconded by Councilman Borngraber. A roll call vote was taken: Gier-aye, Borngraber-aye, Pero-nay, Fullone?nay, Kujawinski-aye, 3 ayes, 2 nays, 0 abstain  
 #24 APPROVED

Councilman Gier made motion #25 Resolved, that the Brant Town Board intends to fill the position of Police Chief with a qualified law enforcement professional in accordance with applicable Civil Service rules and regulations and further resolved that the Supervisor is directed to immediately request the current competitive list for the position of Police Chief from Erie County Civil Service and is further required to upon receipt of such list, immediately send out canvass letter, as required by Civil Service, to the individuals on said list with the position being posted as  hours per week at an annual salary with proof of the request for the list and the canvassing to be provided to the Town Board.   
Pero Q on the motion ? comment to hold a public hearing for comment as this would change department and this could cost residents more money and change revenue coming in. 
Councilman Borngraber seconded motion #25. Borngraber: discussion: - when Police Chief was removed there was no input from the public and the department has 17 officers with no supervision, this comment of the record and for the record that stenographer is being paid by a board member not the public, corrected by Pero that he informed the public. Comment. Attorney stated that prior to canvas letter being sent out the board will have to name the hour?s amount of hours and compensation.  
A roll call vote was taken: Gier-aye, Borngraber-aye, Pero-nay, Fullone?aye, Kujawinski-aye, 4 ayes, 1 nays, 0 abstain  
 #25 APPROVED

Councilman Gier made motion #26: Resolved, in the absence of a Police Chief or Commissioner, Councilman Fullone as currently appointed liaison to the Police Department is hereby authorized to schedule hours of P.T.  Police officers until the position of Police Chief is filled or until further resolution of the Brant Town Board.  Councilman Kujawinski seconded motion #26. A roll call vote was taken: Gier-aye, Kujawinski-aye, Borngraber-aye, Pero-aye, Fullone?abstain, 4 ayes, 0 nays, 1 abstain  
  #26 APPROVED

Councilman Gier made motion #23: Resolved that the Town Attorney is hereby authorized to obtain any and all records form NYS Department of Criminal Justice to assist the Town Board in evaluating the past practices of the Brant Police Department and to assist in the reorganization of the Brant Police Department. Councilman Borngraber seconded motion #23. A roll call vote was taken: Gier-aye, Borngraber-aye, Pero-nay, Fullone?aye, Kujawinski-aye, 4 ayes, 1 nays, 0 abstain  
 #23 APPROVED

NEW BUSINESS: 
Councilman Gier made motion #27: Resolved that the Brant Town Board hereby sets the date of February 9th at 8:00 pm for Public Hearing on Local Law #1 of 2010, and 8:30 PM for Local Law #2 of 2010, Councilman Borngraber seconded motion #27. A roll call vote was taken: Gier-aye, Borngraber-aye, Fullone?aye, Pero-nay, Kujawinski-aye, 4 ayes, 1 nays, 0 abstain  
 #27 APPROVED ? note: All members of the Town Board have copies of the laws as presented. 

Reports of Committees 
Supervisor Pero stated that Fullone has been looking into insurance and Fullone requested the Board meet on Wednesday, January 27th at 6:00 PM to review polices as our policy is to due shortly. 

Buildings: Kujawinski reported that he will need keys to buildings and that the recreation building door was left open one night and day and that Chad Kaczmarek assured he is responsible and it won?t happen again. Pero said Kujawinski would be responsible for making sure the health department gets reports for water testing, question from Giambrone as to if it is still required, Pero referred him to Kujawinski.  
Refuse: Pero said his secretary has been told to relay resident?s calls to call Kujawinski ? Clerk stated that she normally gets calls. 
Street lighting ? Pero said it is up to Kujawinski to find lights out and report
Highway ? fuel cards 
Attorney asked to clarify committee appointments: committees may be formed but the Supervisor cannot give them administrative jobs normally done by other offices ? they do not have the administrative authority. 
Kujawinski asked if the cell phone provided by the Town to the Supervisor is available and Pero answered when I want and when I have it with me, which is not 24/7. 
Telecommunications/Utilities: Gier stated appointments for security at town hall are scheduled and will be reporting when more information received. 
Route 62 Water Project: Pero said:  Kujawinski- call Mark Cavicollye    # ? 
New Town Hall Committee: Pero Said: Gier to confer with Judge Gugino
CDBG sidewalk: Pero said: Fullone- Pero will pass along information
Phase 2 Park Exp: Pero said: Borngraber you are to contact ? Connie Miner 
CDBG Rec Bldg: Pero said Gier to contact Marie Caoenski (?)  ? Gier questions - bids to go out ? Pero - talk to her.
Archive GIS grant ? Pero said Fullone to contact Wendell 
CDBG Routes 5 & 20 Economic: Kujawinski reported he has meetings set up to confer with Mayor Caber
Local Gov?t Efficiency Grant ? Pero said we received grant - Borngraber - you need to contact Mayor Caber and call Mark and Borngraber stated he has contacted him already ? 
Storm Drainage: Pero said: Borngraber ? to contact Robin
Energy Efficiency Grant ? Pero said: Kujawinski- Bill Bastik from Rochester contact him 

Town Board Reports:
Kujawinski: Seniors meeting attended and asked him to inquire if there was any dollars available for a DVD player to allow for movie night etc. Pero is liaison to Erie County ? Pero said possible money from Quinn not received yet. 
Announced Blood Drive and Doughnut give away and food available at time of donation 
Gier: security going forward
Borngraber:
Fullone: Budget ? highway truck discussion estimate $160,000.00 discussion ? Giambrone commented that it is claimed he is over budget but was there has been no consideration for work for FEMA repairs and park. 
 Pero: After four years he feels town is better shape than before his election - we have an aprox. $500,000.00 fund balance and police department is an asset and are responsible for fund balance which will reduce taxes and help with new town hall  - tax payers would not have to pay a penny over five years and all the park work and I have been proud to be Supervisor   SUN had some misprints ? Pero addressed

Supervisor Pero recognized Roseann Turner with presentation of a Plaque listing her years of service to the as Councilman, and Assessor, for the Town of Brant ? Roseann was not present to receive the award.   

Councilman Gier moved for adoption of the following #28, seconded by Supervisor Pero.  Roll Call Vote: Gier ? aye, , Pero-aye, Fullone ? aye, Kujawinski- aye, Borngraber - aye 5 Ayes, 0 Nays, 0 Abstains 
# 28 RESOLVED TO APPROVE ABSTRACT 13 0F 2009 FOR PAYMENT AND 
Abstract 13 0f 2009      
Prepaid and unpaid as of January 12, 2010

General Fund Town wide Vouchers prepaid 523-528/Unpaid 529-551 Totaling: $16,898.53

General Fund ? Part Town No Prepaid / Unpaid 47-52 Totaling: $11,601.65

Highway Fund T.W.  Vouchers prepaid 97 / Unpaid 98-110 Totaling: $9,316.14 

Highway Part Town Vouchers: None

Street lighting ? Voucher #12 Totaling $2,659.51

Highway Payroll PT 11/22/09 to 1/2/10 Totaling: None
Highway Payroll TW 11/22/09 to 1/2/10 Totaling: $15,605.06
General TW Payroll 11/22/09 to 1/2/10   Totaling $39,439.74
General PT Payroll 11/22/09 to 1/2/10   Totaling $831.70

Councilman Gier moved for adoption of the following #29, seconded by Supervisor Pero.  Roll Call Vote: Gier ? aye, , Pero-aye, Fullone ? aye, Kujawinski- aye, Borngraber - aye 5 Ayes, 0 Nays, 0 Abstains 
#29 RESOLVED TO PAY ABSTRACT #1 OF 2010 AS PRESENTED 

Abstract 1 of 2010

Prepaid and unpaid as of January 12, 2010

General Fund Town wide Vouchers prepaid 1-3/Unpaid 4-11 Totaling: $3,024.33

General Fund ? Part Town Prepaid 1 / Unpaid 2 Totaling: $1,290.00

Highway Fund T.W.  Vouchers prepaid 1-3  No Unpaid Totaling: $6,423.02 

Highway Part Town Vouchers: Prepaid 1 Totaling: $5,858.00

2009 Fire Protection ? Voucher #1 Totaling $11,305.00

Brant Water Dist #1 ? Voucher 1 Totaling: $6,907.50

Please Note: Vouchers denied:  None

Privilege of Floor:

Rosemarie DeMaria: Question to Supervisor why Supervisor asking for same salary for no longer doing the same jobs ? commissioner? Attorney responded Supervisor was not receiving dollars for police commissioner.   

William Easterling: Question of removal of one officer, how much is it going to cost to hire a Chief of Police is it in the budget?  Attorney stated that actions of Board were on solid ground. 
Martin Rosiek commented on board of a systemic issue of the census in the Town of Brant and the need for local people to work as census takers. 

Clerk, Thea Ells, shared her concerns with the Board, of not having items on the agenda to follow along with resolutions and motions, Attorney Trask commented the similar concerns. 
Some discussion of preparation of agenda and not having items that were requested, no old business, nor items tabled listed. Kujawinski stated that items were not on agenda as requested; Attorney said procedure not being followed and needs review by Board. 
Pero said due to time constraints, discussion continued on duties of supervisor and councilman. 
Tim Kobel inquired about agenda on line and knowing what is to be covered. 

Councilman Gier moved for adoption of the following #30, seconded by Councilman Kujawinski.  5 ayes: Pero, Gier, Kujawinski, Fullone, Borngraber 0 nays
#30 RESOLVED: TO ADJOURN THE JANUARY 12, 2010 MEETING OF THE BRANT TOWN BOARD AT 9:07 PM

Respectfully submitted,

Thea A. Ells, Brant Town Clerk