Minutes: Town Board Meeting Tuesday March 9, 2010 at 7:30 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, Janet Bowman, Joseph DeCarlo, Joe & Lynda Ostrowski, Sam Chiavetta, Don Clark, George Cordia, Neil Ross, Janice Ross, William Easterling, Martin Rosiek, Brian Campbell, Michele Kujawinski, Dave & Chris Gierlinger
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 Pero at 7:30 PM with a Pledge to the flag.
Councilman Gier moved for the adoption of following motion #85, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#85: RESOLVED: TOWN BOARD MEETING MINUTES FROM JANUARY 21, 27, and FEBRUARY 9, 2010 ARE APPROVED AS PRESENTED
Councilman Kujawinski moved to table the following motion #86, seconded by Councilman Gier. 4 ayes: Gier, Fullone, Kujawinski, and Borngraber. 1 abstain Pero, 0 nays
#86: TABLED SUPERVISORS JANUARY 2010 FINANCIAL REPORT IS APPROVED AS PRESENTED
Budget modification was presented by Supervisor Pero per Richard Gryksa:
General Fund Town wide (A)
$ 1,000.00 Decrease A1990.4 Contingent Account Contr Expend
$ (1,000.00) Increase A1420.4 Law Contr Expend
This Budget modification is to cover the February Association of Towns annual meeting in New
York City as approved by the Town Board.
Budget modification needed to cover voucher # 59 coded for account 1420.4 which had $300.00 budgeted for 2010. Councilman Kujawinski questioned the pre payment of voucher #58 for the Attorney for New York City Association of Towns conference. Supervisor Pero said that his voucher (#55) for New York was also prepaid, as past practice, and as was approved in January?s Organizational meeting. Kujawinski stated audit and allowance requires the submission of a proper, completed voucher and an opportunity for the Town Board to make inquiry into the justness and accuracy of the claim. He said this is from Town Law Section 125 also stating the duties of the Supervisor: no money shall be paid out by the supervisor except upon the warrant, order or draft of the town clerk, after audit and allowance by the town board. Discussion continued on budget modification, payment procedure of pre paid and all vouchers.
Councilman Kujawinski moved to table of the following motion #87, Motion seconded by Councilman Gier. Roll Call Vote: Kujawinski- aye, Gier ? aye, Fullone ? aye, Pero-nay, Borngraber ? aye, 4 Ayes, 1 Nays, 0 Abstains
#87: TABLED APPROVAL OF THE ABOVE LISTED BUDGET MODIFICATION FOR THE PERIOD ENDING FEBRUARY 31, 2010 AS RECOMMENDED BY THE TOWN BOOKEEPER AS PRESENTED
Councilman Kujawinski asked for discussion of claim paid to Lardon Construction on February 18, 2010. Councilman Kujawinski referred to a voucher for $20,000.00 (partial payment) which was presented to the town clerk and audit committee in February for the February meeting, where discussion was that there was neither audit nor town board approval for voucher/contract. Supervisor Pero stated that he presented a partial payment voucher in February as the contractor was threatening to sue, as the town had not paid for invoices the contractor had sent in for six months. Supervisor Pero stated that he received three verbal approvals: his own, Turner and Fullone to claim a state of emergency and to take care of the clean up and he was acting under Executive Law 24. Councilman Fullone told Supervisor Pero ?I was never involved in hiring anyone to do any work.? Pero then stated that while in New York City (2/14/10) he spoke with Comptroller DiNapoli and his Deputy Mark Paterson and he was told that, under his emergency powers, he had the "right to do what he did." Kujawinski asking "Are you ready to admit, right here and right now that you issued check no. 28341 without proper audit and allowance by the Town Board?" Pero stated this is political and Kujawinski stated its ethics. Attorney Trask responded to Pero stating "I don't think you were told that you could issue the check without town board approval of the voucher, because I checked with one of the top attorneys from the Comptroller's office and he confirmed that you have no authority to issue the check without Town Board audit and allowance. Discussion continued of state of emergency, FEMA, fuel usage of contractor, contract approval and that the town board is the only entity with ability to pay claims. Kujawinski asked Pero, "Do you realize that you could be held personally liable for any loss suffered by the town as a result of you issuing checks that have not been authorized for payment by the Town Board?" Pero: "There won't be any loss; the town will be fully reimbursed..." Kujawinski: "That has not yet been determined; do you realize that you will be personally liable if the town suffers any loss from your unauthorized issuance of that check?" Pero: "So, what are you going to do...go ahead, sue me?"
Discussion continued?.
Councilman Kujawinski moved for adoption of the following motion
#88: Resolved: I move to authorize the Town Attorney to bring a declaratory judgment action against Supervisor Pero, seeking a declaration that Supervisor Pero issued Check Number 28341 without proper legal authority and in violation of law and further to seek an Order enjoining Supervisor Pero from issuing any other payments without proper legal authority.
I further move to authorize the Town Attorney to engage the services of outside counsel, if necessary, to assist in bringing such legal proceedings against Supervisor Pero.
Councilman Borngraber seconded motion #88. Roll Call Vote: Kujawinski- aye Borngraber- aye, Fullone- nay, Pero ? nay, Gier ? aye. 3 ayes, 2 nays.
Councilman Gier moved for adoption of the following motion #89, seconded by Councilman Borngraber 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
# 89: RESOLVED: TOWN CLERK?S JANUARY 2010 FINANCIAL RECONCILIATION REPORTS BE ACCEPTED AS PRESENTED
Councilman Gier moved for adoption of the following motion #90, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#90: RESOLVED: JUSTICE GUGINO / JUSTICE CROUSE JANUARY 2010 FINANCIAL RECONCILIATION REPORT (BAIL & REGULAR) BE ACCEPTED
Councilman Fullone moved for adoption of the following motion #91, seconded by Councilman Kujawinski 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
# 91: RESOLVED: FEBRUARY 2010 CODE ENFORCEMENT OFFICER REPORT AS PRESENTED Summary: Inspections: Field:10-construction:9, court compliance:0, complaint inspection:0, court appearances:3, certificate of occupancy:1, building permits issued:0, meetings NYSDEC:1 FEMA:1, Brant planning:1, Town Board:1, Report on national flood insurance policy, federal wet land area and creeks, 3 Erie County flood mapping open house will be held 3/30, 3/31, and 4/1 and maps may be viewed on line.
NO DOG CONTROL OFFICER?S ACTIVITY REPORT
Councilman Borngraber moved for adoption of the following #92, seconded by Supervisor Pero. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays, Gier
#92: RESOLVED: FEBRUARY 2010 POLICE ACTIVITY REPORT BE ACCEPTED AS PRESENTED Summary: 4639-miles patrolled, Arrests: Felony -1, misdemeanor- 3, V&T- 125, complaints ? 23, property checks ? 245
Councilman Gier moved for adoption of the following #93, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#93: RESOLVED: Town Clerks February Activity Report To The Board Be Accepted As Presented Summary: Total monies rec?d - $829.07, Town share $217.55, Erie County $27.02, NYS Health $22.50, NY State Ag & Mkts $12.00, NYS DECALS $0, Security Deposits $550.00. Clerk reported uses of building by groups and organizations and Census application job sign up and class use in May, HEAP @ town Hall 2/18, also reported refuse issues, research for park, audit RFP?s rec?d, Mack truck bids rec?d., tax collection, FOIL?s, and abstract items
Councilman Fullone moved for adoption of the following #94, seconded by Councilman Kujawinski. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#94: RESOLVED: February 2010 Planning Board Report Be Accepted As Presented Members met and discussed property owner notification requirement procedures, and election signs. Town attorney and town assessor asked for opinion.
Councilman Gier moved for adoption of the following #95, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 nays
#95: RESOLVED: Fire Company Activity Reports Are Accepted.
Councilman Gier reported that Farnham Fire Dept reported 19 First Aid calls & 3 Fire calls.
Acknowledgement of Dignitaries and Invited Guests:
OLD BUSINESS:
Appointments: Planning Board
Town Clerk confirmed that no written correspondence was received by her from Joseph Gardyjan, Planning Board Secretary; Linda Ostrowski stated Gardyjan verbally said he had resigned.
Councilman Borngraber moved for adoption of the following motion #96, Motion seconded by Councilman Kujawinski. Roll Call Vote: Borngraber ? aye, Kujawinski- aye, Fullone ? aye, Pero-aye, Gier ? aye, 5 Ayes, 0 Nays, 0 Abstains
#96: RESOLVED: Appointment Of Alternate Planning Board Member Martin Rosiek To Fill Vacancy Of Planning Board Member Joseph Gardyjan Through December 2012.
Councilman Borngraber moved for adoption of the following motion #97, Motion seconded by Councilman Gier. Roll Call Vote: Borngraber ? aye, Gier ? aye, Pero-aye, Fullone ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#97: RESOLVED: Appointment Of Planning Board Member Martin Rosiek As Chairman For A One Year Term.
Civil Service Items:
Councilman Kujawinski inquired if letter asking EC civil service for competitive list for police chief was sent; Supervisor Pero stated it was sent out this last week.
Supervisor Pero stated that the Town needed to have another two clerk positions for board?s secretary (planning, zoning, BOAR) as this was held by Barbara Daniel and is now Linda Ostrowski. Discussion as to why two positions, how many clerks listed now and for what offices, mention of how many court (clerk) positions on CS list, no clear answer given, town clerk questioned that each position is specific to a department or job: they cannot float, and questioned why more if Daniel had position it exists on list.
Councilman Gier moved for adoption of the following motion #98, Motion seconded by Supervisor Pero. Roll Call Vote: Gier ? aye, Pero-aye, Fullone ? aye, Kujawinski- aye, Borngraber ? aye. 5 Ayes, 0 Nays, 0 Abstains
#98: RESOLVED: To Create One Part Time Clerk Position For The Town Of Brant And Have Added To The Civil Service Roster.
RFP External Audit ?
Attorney Trask prepared an RFP to send out to area CPA firms with municipal auditing experience asking for a menu of services they can provide, and costs.
Bid List: 2010 RFP Audit Services
Name of Bidder: Address & Phone & Fax Rec'd/ sealed /open
Baghat & Laurito -Baghat 16 West Main St Rec'd March 1,2010
Fredonia, NY 14063
'louann@blbcpas.com' 673-1891
Drescher &Malecki LLP 3083 William St Suite 5 Rec'd March 4,2010
Cheektowaga, NY 14227
565-2299
Johnson, Mackowiak, Moore,& Myott LLP 70 East Main St No Response
Fredonia, NY 14063
[email]kwystup@chaut-cpas.com[/email]
672-4770
Lumsden & McCormick, LLP 403 Main St Suite 430 Rec'd March 4, 2010
Buffalo, NY 14203
'jschiavone@lumsdencpa.com' 856-3300
RA Mercer & Company PC 63 S. Main St unable to respond -prior commitments-
Cattaraugus, NY 14719 please consider in future
'dveloski@ramercercpa.com'
Schunk Wilson & Company 3980 Sheridan DR Suite 500 Rec'd February 26, 2010
Amherst, NY 14226
'telberson@swccpas.com' 839-4900
Brock, Schechter, & Polakoff, LLP 726 Exchange St, Suite 822 Rec'd March 4, 2010
Buffalo, NY 14210
Angela J. Benzel'/AJB@BSPCPA.com 854-5034
Town Clerk provided the list of firms, Councilman Gier requested the formation of a committee to review proposals received, and Attorney Trask suggested an agenda for the committee and time line.
Councilman Kujawinski moved for #99, Seconded by Councilman Borngraber
Roll Call Vote: Kujawinski- aye, Borngraber? aye, Fullone ? aye, Pero-aye, Gier ? aye, 5 Ayes, 0 Nays, 0 Abstains
#99: RESOLVED: To Form A Finance And Audit Revisionary Committee To Review The Proposals Of Firms And To Recommend Type Of Audit, And Firm. Committee Named As Councilmen Borngraber, Gier, Town Clerk Ells, Bookkeeper Michele Browning, resident Joseph Ostrowski And To Have Recommendation At The April 13th Meeting.
NOTICE IS hereby given that the Town of Brant will be accepting sealed bids on one (1) Surplus 1988 Mack single axle Dump, with a one way front plow being sold AS IS, WHERE IS. Inspection of the vehicle can be arranged through the Town of Brant Highway Department during normal business hours of 7:00 a.m.-3:30 p.m. 549-4770. Sealed bids must be accompanied with a certified check payable to the Town of Brant for 10% of the bid amount. Balance due upon pick up of equipment, which is to be within twenty (20) days of bid award. Bid opening will take place on Tuesday, March 9th at 3:00 p.m. at the Brant Town Clerks Office. Bids must be delivered to the Town Clerk?s Office, 1294 Brant North Collins Rd., Brant, NY 14027. THE TOWN OF BRANT RESERVES THE RIGHT TO REFUSE ANY AND ALL BIDS.
Town Clerk Thea Ells reported the following results of bids:
1. Gernatt Asphalt Products Bid received 3/5/10 /Open 3/9/10 3:00 PM
PO Box 400 $7, 777.77check enclosed $777.77
North Collins, NY 14111
Charles J. Alessi Sr Bid received 3/8/10 / Opened 3/9/10 3:00 PM
11328 Gowanda State Rd $1,576.00 check enclose $157.60
North Collins, NY 14111
Robert Winter Bid received 3/9/10 Opened 3/9/10 3:00 PM
4180 Shirley Road $1,555.00 check enclosed $155.50
North Collins, NY 14111
Councilman Fullone moved for #100, Seconded by Supervisor Pero
Roll Call Vote: Fullone ? aye,, Pero-aye, Borngraber ? aye, Kujawinski- aye, Gier ? abstain 4 Ayes, 0 Nays, 1 Abstains
#100: RESOLVED: To Accept Bid Of $7,777.77 From Gernatt Asphalt, Inc.
Clerks Note: **Old Business Tabled? no action taken: Appointment of Board of Ethics, Parks Commissioner/laborers and budget (civil service position), Establish duties of buildings and grounds superintendent
NEW BUSINESS:
Brant School/ Town Hall
Supervisor Pero reported having attended a meeting with Lake Shore Superintendent Rabey, and having discussed the closing of Brant Elementary School with consideration of the Schools intent concerning the building. Councilman Kujawinski stated he had a meeting and Councilman Gier has also spoken with Rabey. Board members acknowledged that although no one wants to see the school close the reality is reduced budget, reduced enrollment. All agreed it is the schools decision. Some considerations named were: before merging of district the building was owned by Brant residents, school legal dept. is looking into agreements; town would have engineers to evaluate property and towns use/requirements. Residents voiced concerns of closing and asked if board members represented them with requests not to close school.
Park Maintenance Contract: Not on Agenda:
Contract agreement expires this year, Town Clerk to contact Evans Agency to review spec.?s and see what they would require, and attorney also to review, advertise with option of price for multiple years.
Councilman Gier moved for #101, Seconded by Councilman Fullone
Roll Call Vote: Gier ? aye, Borngraber? aye, Pero-aye, Fullone ? aye, Kujawinski- aye, 5 Ayes, 0 Nays, 0 Abstains
#101: RESOLVED: To Advertise For Bids For The Grounds Maintenance Contract After Town Insurance Review And Requirements, And Attorney Review And Board Requested Amendments To Specifications.
Reports Of Committees
Fullone: requesting a list of active officers from Supervisors? office, health insurance information was distributed to employees
Kujawinski: received some calls concerning refuse and has corresponded with Westfield, streetlights: police are responsible for checking and calling in; safety. Buildings: pool house roof has to be recovered, will be getting quotes ? possible need of engineer, SWRWater will meet with Rural Development 3/10 @ town hall, CRA on Route 5 & 20 Economic; final report will be presented March 16 at 7:00 pm @ the Senior Community building
Gier: Audit - Voucher review, national grid ? checking into meter change, recreation; receiving, security ? on hold due to building(school), requested a meeting with Lake Shore wrestling & football, Gier, Kujawinski, & Ells ? C. Kazmarek acknowledged
Borngraber: reviewed grounds spec?s, audit bills
Pero: working with solar liberty to install on Recreation building, & Senior Community Building
PROJECTS:
CDBG sidewalk: Fullone- nothing new
Archive GIS grant ? Fullone ? meeting set for 3/16
Route 62 water - above
CDBG Routes 5 & 20 Economic: above 3/16 @ 7:00 PM
CDBG Rec Bldg: Gier - no action
Storm Water Drainage: nothing new
Phase 2 Park Exp: Borngraber reported Town received Boundary map/grant writer
WIND: Pero still meeting with companies, Pero attended a meeting with Hamburg recreation and he received complaints of dogs in various offices ? Pero, Fullone, and Gier agreed dogs do not belong in Town Hall
Town Board Reports
Kujawinski: reported Senior Organization had a night meeting in March for a change and all enjoyed treats and a movie (on the DVD). Councilman Kujawinski thanked Neil Ross for hooking up DVD player and would like to publicly acknowledge and congratulate Neil Ross who recently celebrated 30 years of service to the US Navy.
Gier: reviewed with board members a request with quotes for a paper folding machine,
which would be available for all offices to use.
Councilman Gier moved for #102, Seconded by Councilman Fullone
Roll Call Vote: Gier ? aye, Fullone ? aye, Kujawinski- aye, Pero-nay, Borngraber? aye, 4 Ayes, 1 Nays, 0 Abstains
#102: RESOLVED: To Approve Purchase And Expenditure Of Funds From The Central Print & Mail Account For A Martin Yale 1601 Auto Friction Folder Through GSAprice.Com (Government Pricing) For The Amount Of $575.00
Old Business Item (not on agenda)
A short list of interested applicants for IT tech was distributed. Board had some discussion.
Councilman Kujawinski moved for #103, Seconded by Councilman Gier Roll Call Vote: Kujawinski- aye, Gier ? aye, Pero-aye, Borngraber? aye, Fullone ? aye, 5 Ayes, 0 Nays, 0 Abstains
#103: RESOLVED: Authority to contract with David Sink for IT services for a trial probationary period for six months. Town Clerk is authorized to approve services up to $250.00. Clerk is directed to contact Evans Agency and check for insurance requirements/recommendations for insurance coverage for IT services.
Meetings & Correspondence /Miscellaneous Information
NFTA ? Public Hearing concerning Route 62 ? posted
EMP ? Electro Magnetic Pulse meetings in Buffalo
Red Cross ? posted
Evans Brant Chamber News - posted
Board members discussed approval of the year end budget modification which was not received by board members till right before meeting and was not reviewed line by line as every other month has been done. Board did not approve this month?s budget modification and discussion of prepayment of Lardon voucher.
Councilman Gier moved for adoption of the following #104, seconded by Councilman Fullone. Roll Call Vote: Gier ? aye, Fullone ? aye, Pero-aye, Kujawinski- nay, Borngraber - aye 4 Ayes, 1 Nays, 0 Abstains
#104 RESOLVED TO APPROVE ABSTRACT 3 of 2010
Prepaid and unpaid as of March 9, 2010
General Fund Town wide Vouchers prepaid 54-62/Unpaid 63-84 Totaling: $34,853.76
General Fund ? Part Town No Pre Paid / Unpaid 7-8 Totaling: $9,451.93
Highway Fund T.W. Vouchers prepaid 21-22 / Unpaid 23-33 Totaling: $10,566.21
Highway Part Town Vouchers: None
Street lighting ? Voucher #2 totaling $2,647.34
Highway Payroll PT 2/01/10-3/05/10 Totaling: None
Highway Payroll TW 2/01/10-3/05/10 Totaling: $12,186.24
General Town Wide Payroll 2/01/10-3/05/10 Totaling $28,498.36
General Part Town Payroll 2/01/10-3/05/10 Totaling $571.38
Following Vouchers not on abstract denied by Audit Committee:
Lardon Construction $20,000.00 submitted to Town Clerk February 5, 2010
Lardon Construction $67,668.40 submitted to Town Clerk March 2, 2010
Note: voucher references payment by check number 28341, but never approved for payment by audit committee or Town board
Privilege of Floor:
Joseph Giambrone reminded Board members of pool roof replacement
David Gierlinger inquired of the Supervisor how he acquired bids for the beach clean-up, and asked him to name companies.
Christine Gierlinger addressed the Supervisor and inquired about his verbal emergency authorization, and why his actions were not formally ratified with the Board.
John Arrigo inquired about a house built on piers, and asked for amount of dollars in reserve.
Lee Brunelli inquired if Carbon Dioxide detectors would be put in SCB.
Councilman Pero moved for adoption of the following #105, seconded by Councilman Fullone. 5 ayes: Pero, Gier, Kujawinski, Fullone, Borngraber 0 nays
#105 RESOLVED: TO ADJOURN THE MARCH 9, 2010 MEETING OF THE BRANT TOWN BOARD AT 9:50 PM
Respectfully submitted,
Thea A. Ells, Brant Town Clerk
