Minutes: Town Board Meeting Tuesday June 22, 2010 at 7:00 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: Charles Arrigo, Brian Campbell, Joe & Lynda Ostrowski, Brian Campbell, Chad Kaczmarek, Scott Kaczmarek, James George, Tim Kobel, Ron Kobel, Mike Muffoletto, Ellsworth Nolan
The meeting was called to order by Supervisor Pero at 7:00 PM with a Pledge to the flag.
Webmaster Barbara Daniel addressed the Board requesting approval for the Town?s IT person to order the following items:
QTY (1) 3COMM SuperStack 3 Switch (acts like an internet Router utililize bandwidth) $316.25
QTY (1) RAID setup for Server Board requested to approve $58.00 cost increase above previously approved $200.00
Requested T/B approves a $50.00 leeway in the event items increase slightly.
Councilman Gier moved for the adoption of the following motion #186, seconded by Supervisor Pero 5 ayes: Pero, Gier, Fullone, Kujawinski, and Borngraber. 0 abstain, 0 nays
#186: RESOLVED: To Approve an expenditure of $475.00 for the aforementioned items and to be budgeted from the technology line for the server.
DCO, Barbara Daniel, Dog Control Officer Barbara Daniel reminded the Board of her request at the May Town Board meeting. She reminded them that the Town needs to institute an ordinance that allows the Town to charge Spay and neuter security deposit fees to individuals adopting dogs that are intact at the time of adoption.
Disposition of $35.00 STATE MANDATED spay/neuter deposit fee to be as follows:
OPTION 1: Refunded to adopter if proof of spaying/neutering presented within 90 days of
adoption of town dog.
OPTION 2: Upon expiration of 90 days, deposit is to be designated to fund a low cost Town based spay/neuter program
ALSO REQUESTED: Impose a law or ordinance that will allow the Town to collect reimbursement of any veterinarian care required for injured stray dogs seized within the Town of Brant.
DCO, Town Attorney and Kujawinski will meet in near future to discuss laws and the above issues to present to the board.
OLD BUSINESS:
Brant School:
Attorney Trask reported that the 30 day referendum that the school had to observe is over later this week, contract provides that the town has 30 days to inspect and withdraw if needed.
Councilman Gier moved for adoption of the following motion #187, motion seconded by Councilman Fullone. Roll Call Vote: Gier ? aye, Kujawinski- aye, Pero-abstain, Fullone ? aye, Borngraber ? aye, 4 Ayes, 0 Nays, 1 Abstains
#187: Resolved, that the Town Board of the Town of Brant, New York hereby waives any conflict of interest involving Harris Beach PLLC and the Town of Brant regarding the sale of the Brant Elementary School by the Evans-Brant Central School District to the Town of Brant, and it is further
Resolved, that the Town Board of the Town of Brant, New York hereby waives any conflict of interest involving Harris Beach PLLC and the Town of Brant regarding the representation by Richard Sullivan of Harris Beach PLLC of the Town of Brant in the Matter of Town of Brant v. Leonard K. Pero, and it is further
Resolved, that the Town Board of the Town of Brant, New York hereby waives any conflict of interest involving Hodgson Russ LLP and the Town of Brant regarding the representation by Hodgson Russ LLP of the Town of Brant as bond counsel in connection with the Town of Brant?s issuance of a $150,000.00 1 year BAN for acquisition of the Brant Elementary School property, and it is further
Resolved, that Brant Town Attorney, William J. Trask, Sr., is hereby authorized to sign conflict waiver letters on behalf of the Town of Brant relative to such matters.
Supervisor Pero moved for adoption of the following motion #188, motion seconded by Councilman Gier. Roll Call Vote: Pero-aye, Gier ? aye, Kujawinski- aye, Fullone ? aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains
#188 RESOLVED: WHERAS, AT ITS MAY 11, 2010 REGULAR MEETING the Town Board of the Town of Brant authorized the engagement of Hodgson Russ LLP to serve as bond counsel in connection with the anticipated borrowing of up to $175,000.00 for the acquisition and improvements of the Brant Elementary School Property at a fee not to exceed $2,750.00 plus disbursements not to exceed $500.00 and
Whereas, the Town of Brant is in receipt of a formal engagement letter from Hodgson Russ LLP for such bond counsel services,
Now therefore it is,
Resolved that he supervisor is hereby authorized to execute such engagement letter for and on behalf of the town of Brant
Supervisor Pero moved for adoption of the following motion #189, motion seconded by Councilman Fullone, to wit; Roll Call Vote: Pero-aye, Fullone ? aye, Borngraber ? aye, Gier ? aye, Kujawinski- aye 5 Ayes, 0 Nays, 0 Abstains
#189 A BOND RESOLUTION, DATED JUNE 22, 2010, OF THE TOWN BOARD OF THE TOWN OF BRANT, ERIE COUNTY, NEW YORK (THE ?TOWN?), AUTHORIZING THE ACQUISITION OF A BUILDING FOR USE BY THE TOWN, AT AN ESTIMATED MAXIMUM COST OF $150,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $150,000 OF THE TOWN, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.
BE IT RESOLVED, by the Town Board of the Town of Brant, in the County of Erie, New York (the ?Town?) (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:
SECTION 1. The Town is hereby authorized to acquire the building formerly used as the Brant Elementary School building, located at 1272 Brant-North Collins Road, Brant, New York, for use by the Town, and to make other improvements in connection therewith, including all preliminary work and necessary equipment, materials and related site work and any preliminary costs and costs incidental thereto (collectively, the ?Purpose?). The estimated maximum cost of the Purpose is $150,000.
SECTION 2. The Town Board plans to finance the estimated maximum cost of the Purpose by the issuance of serial bonds in an amount not to exceed $150,000 of the Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, offset by any federal, state, county and/or local funds received.
SECTION 3. It is hereby determined that the Purpose is an object or purpose described in subdivision 11 (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is 30 years; however, the bonds issued pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five years from the date of original issuance of such bonds or notes.
SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of such bonds.
SECTION 5. It is hereby determined the proposed maturity of the obligations authorized by this resolution will not be in excess of five years.
SECTION 6. The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds (and any bond anticipation notes issued in anticipation of the sale of such bonds) as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds or notes becoming due and payable in such year. Unless paid from other sources, there shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.
SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of such notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and details as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of such bonds, and the renewals of such notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.
SECTION 8. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution. The Town then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds). This resolution shall constitute the declaration of the Town?s ?official intent? to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.
SECTION 9. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the ?Code?) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as ?qualified tax-exempt bonds? in accordance with Section 265(b)(3)(B)(i) of the Code.
SECTION 10. The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.
SECTION 11. The Town has complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (?SEQRA?), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under the State Environmental Quality Review Act is necessary.
SECTION 12. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:
1. (a) such obligations were authorized for an object or purpose for which the Town is not authorized to expend money, or
(b) if the provisions of the law which should be complied with at the date of publication of this notice were not substantially complied with, and
an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or
2. such obligations were authorized in violation of the provisions of the Constitution of New York.
SECTION 13. The Town Clerk is hereby authorized and directed to publish this resolution or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in the Town and designated as the official newspaper of the Town for such publication.
SECTION 14. This Resolution is effective immediately.
Supervisor Pero announced that he attended the end of the year ceremony for the school and he stated that the turning over the papers on August 1st for the Town to take over and wants to have a ceremony in early August and will have a committee for that. Phyllis Ellis Krantz now Wilson, is going to donate $25,000.00 toward the purchase of the school and would like to see a plaque of some sort memorializing the history of the school, etc.
Pool House Roof:
Councilman Borngraber reported that Jamestown Roofing had begun on the roof, and they were in contact with FSR Masonry to coordinate the work.
LSYF:
Chad Kaczmarek reported to the board an approval letter from Brant CEO, Gary Brecker in regards to the garage building plans. Attorney?s need to confer so agreements can be approved, insurance is in place, and site plan is still needed. The intent is to ratify the concession stand agreement to include the garage building. Borngraber was conferred where the site would be.
Police Vests/Grant:
Supervisor Pero, Councilman Fullone and Councilman Kujawinski had discussion on how many, cost, and reimbursement of vests through this grant.
Councilman Kujawinski moved for adoption of the following motion #190, motion seconded by Councilman Fullone. Roll Call Vote: Kujawinski- aye, Fullone ? aye, Pero-aye, Gier ? aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains
#190: RESOLVED TO PURCHASE FIVE VESTS COST NOT TO EXCEED $1,500.00.
Brant Code Book Update:
Town Clerk, Thea Ells, had presented a cost estimate for updating the code book at the last meeting and the board members were asked to review. The last update was completed with grant monies, and there was discussion as to where the monies are expended. Board members decided to review at budget time and plan to update every five years. Budget item for 2011.
Highway Truck:
Councilman Fullone stated ?I am not against buying a new truck but not at his time? ? that is my opinion; Gier said they should do an assessment on the trucks and the needed repairs, etc. Fullone and Gier will look into truck fleet.
Retirement:
Supervisor Pero reported the resolution was done last month and named Pero only and needs to be amended to include Attorney William B. Trask, as an official of the town, Prosecutor John Grennell was not notified of the requirement to keep work records for three months, so he will do that now and be amended into the resolution after that time.
That the Brant Town Board herby establishes the following as standard word days for elected and appointed officials and will report the following days worked to the New York State and Local employees? retirement system based on the record of activities maintained and submitted by the officials to the clerk of this body. Naming Leonard K. Pero with a standard work day of six hours and days of the month is 16.06 based on record of activities. This resolution shall be posted on the Town Clerks board and on the website for at least 30 days from posting date.
Councilman Gier moved for adoption of the following motion #191, motion seconded by Councilman Borngraber. Roll Call Vote: Gier ? aye, Borngraber ? aye, Pero-aye, Fullone ? aye, Kujawinski- abstain, 4 Ayes, 0 Nays, 1 Abstains
#191: RESOLVED That the Brant Town Board herby establishes the following as standard word days for elected and appointed officials and will report the following days worked to the New York State and Local employees? retirement system based on the record of activities maintained and submitted by the officials to the clerk of this body. Naming Leonard K. Pero with a standard work day of six hours and days of the month is 16.06 based on record of activities, and naming William B. Trask Sr. with a standard work day of six hours and days of the month is based on record of activities. This resolution shall be posted on the Town Clerks board and on the website for at least 30 days from posting date.
Park/Tennis Court
Councilman Borngraber spoke concerning a dent in the asphalt on the tennis court. It can be done relatively easily with some top coat and then color, Gier added that he would get the color from the vendor who originally did the job. Members agreed that highway fill when paving.
Recreation
Councilman Gier moved for adoption of the following #192, seconded by Councilman Borngraber. 5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays
#192 RESOLVED: To add Bethany Davis to the list of lifeguards
Park cont.
Borngraber reported that he had a mason look at the fireplace, fireplace was not constructed properly and would now have to rebuilt on the outside, with an estimated cost of $2,500.00. The fireplace has to be closed off so there is no access.
Borngraber also reported that some windows in the Recreation building are unsafe and in the senior community building window, front door rotting and still an issue with the back door. Some minor electric issues still at Senior building and large and small grove electric receptacles. Borngraber spoke on issue of roots in grove areas and would like to put down crushed run gravel. Board agreed to place gravel in grove area. Borngraber also reported that the roof of the garage at the Town Hall needs repair and there are issues with the salt shed. Board will review list of items in need of repair and have a time schedule.
Board vs. Brant/Attorney
Councilman Kujawinski brought forward (read the following motion) a motion to ratify the retainer and engagement of attorney Richard Sullivan as of May 11th to represent the Brant Town Board in the case of Brant vs. Pero.
Pero questioned the motion, and Kujawinski stated that motion was brought forward by him at the last meeting and he was accused of acting on his own and that is not the case.
Pero asked who retained Sullivan, and that it was not board approved, and he asked last meeting how much we were paying and Kujawinski stated he didn?t know. Attorney Trask stated he was given authority to hire outside counsel and when needed he did so. The motion is asking for the retainer to be ratified, Kujawinski stated he did know how much he was to be paid but not how many hours. There were comments from the floor all at once.
Borngraber stated that there were two opinions; one of two board members that what the Supervisor did is okay and the other three board members that it was wrong, and that the board gave the authority to the attorney to hire outside counsel. Fullone stated he did not say what Pero did was right; he said we should resolve outside of court.
Councilman Kujawinski moved for adoption of the following motion #193, motion seconded by Councilman Borngraber. Roll Call Vote: Kujawinski- aye, Borngraber ? aye, Pero- nay, Fullone ? nay, Gier ? aye, 3 Ayes, 2 Nays, 0 Abstains
#193 RESOLVED: Whereas at its March 9, 2010 regular meeting the Town Board of the Town of Brant authorized Town attorney William J. Trask Sr. to engage the services of outside counsel to represent the Town of Brant in the matter of Town of Brant vs Leonard Pero and
Whereas the town attorney has engaged the services of Richard Sullivan Esq. of the firm Harris Beach PLLC to represent town of Brant in such proceeding at the reduced billing rate of $250.00 per hour plus disbursements effective May 11, 2010,
Now, therefore it is
Resolved that the town board of the Town of Brant New York does hereby ratify the said retainer and engagement of Richard Sullivan esp. of the firm Harris Beach PLLC to represent that Town of Brant in such proceeding on such terms effective May 11, 2010,
and it is further
Resolved that the town attorney is hereby authorized to execute any retainer letter or agreement relative to such engagement consistent with the terms set forth above.
Supervisor Pero read: I would like this letter to be included in the record of minutes for the June 22, 2010 Town Board Meeting,
To the Councilman of the Town of Brant, I am deeply disturbed with the actions of the Brant Town Board and the persistent pursuit of a declaratory judgment against me and the office of Town Supervisor. I will always defend my actions as Chief Fiscal Officer in keeping taxes down and being responsible to the community. I did what was necessary to compensate the clean up of an emergency declaration without undo expenses to the town tax payer. I did respond to your wishes (I issued a memo to all on March 13, 2010 stating your wishes of not paying any voucher including pre pays without board approval) this I did even before you served me with a declaratory judgment and stop order on paying future vouchers without board authority. I am very perplexed on what you are trying to achieve. I also am very disappointed that you would hire outside counsel without board approval over a month ago (May 18) and not even know how much his fees are. Is this not worse that what you have accused me of? You are spending tax payer?s dollars. This I find uncalled for and as the Supervisor and Chief Fiscal Officer I will launch an investigation in your actions as an obstructionist in governmental administration against the Town of Brant. Please consider resolving this nonsense before we become the laughing stock of New York State. Respectfully, Leonard K. Pero, Supervisor Town of Brant Pero also had his copies of his first response to the declaratory statement. Pero: Why is it after a contract was approved and for a disaster clean up, and FEMA has assured payment, why are you continuing? Borngraber said bill was not presented. Pero why continue when he said he would not pay, and he had the right to do it and if I didn?t we would have been sued. There was discussion among board members concerning payment.
ABSTRACT:
Councilman Gier moved for adoption of the following #194, seconded by Supervisor Pero. Roll Call Vote: Gier ? aye, Pero-aye, Fullone, Kujawinski- aye, Borngraber ? aye, 5 Ayes, 0 Nays, 0 Abstains
#194 RESOLVED TO APPROVE Prepaid as of June 22, 2010
{Clerk asked for approval as some bills do not qualify as pre paid/ namely concerts, wristbands for pool.}
General Fund Town wide Vouchers prepaid 211-222/Totaling: $10,619.91
Highway Part Town Vouchers: Prepaid 16-18/Totaling: $233.71
Correspondence:
Clerk received acknowledgment of resolution concerning dog licensing.
Supervisor received acknowledgement of mortgage payment through Erie County which should be for aprox $14,575.28 this year
CDBG: Gier stated this grant has been discussed before and it has been reviewed by engineers and nothing has been budgeted so it will be passed.
Hazmat: attended a meeting and has to review last years.
Josh Nolan will be riding along with officers on duty with no pay.
Ellis Rd. bridge ? nothing new at this time
Privilege of Floor:
Cindy Smith: questioned grant for recreation building/ Gier will have further review, as the grant did not have proper spec?s, nothing has been budgeted, Gier was given this grant this year. When asked, Pero said, we could still get grant.
Mike Muffoletto thanked the board for use of the park for the Brant Fest - it was another great year.
Councilman Fullone moved for adoption of the following #195, seconded by Councilman Gier.
5 ayes: Pero, Gier, Fullone, Kujawinski, Borngraber 0 nays
#195 RESOLVED: TO ADJOURN THE JUNE 22, 2010 MEETING OF THE BRANT TOWN BOARD AT 8:40 PM
Respectfully submitted,
Thea A. Ells, Brant Town Clerk